Sunday, October 17, 2010

I look forward to the renewal. Can I go on holiday in a Schengen country?

I am a Pakistani citizen, I received the renewal of residence permit and would like to go on holiday in Germany. Can I do this?

Non-EU citizens who are waiting for renewal of residence permit shall have full rights in respect of the residence in our country, on equal terms with foreigners in possession of a residence permit, but the same guarantees may not apply outside the country.

Only extraue citizen, holding a residence permit valid, by virtue of Community provisions, may freely travel in the countries of the Schengen area and stay there for a short holiday. The Schengen Agreements, in fact, provide for the removal of internal and external borders for citizens of countries party to the Convention and the third-country nationals legally residing in those states. The residence permit in passport issued by a country that adheres to the Schengen agreement, therefore, allows you to travel and reside in these States for a maximum period of three months.

The countries which fully apply the Schengen Agreement are: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, czech Republic, Slovakia, Slovenia , Spain, Sweden and Hungary, as well as Iceland and Norway (though non-EU).

Warning: Ireland, United Kingdom, Cyprus, Bulgaria and Romania (EU countries) are not part of the Schengen area.

Who is waiting for the renewal of residence permit

Non-EU citizens in Italy pending the renewal of residence permit, however, may leave the Italian territory only to reach their country of origin.

Thanks to a recent ministerial circular (Circular of the Ministry of Interior of 28 July 2008) they are allowed to transit through the Schengen countries (ie, the interim step on the journey back home and do not stay, though short) to return to their country.

This facility, which is valid from 1 August 2008 to January 31, 2009, is granted only to foreign nationals in possession at the time of transit,

- Italian mail confirming receipt of the submission of the
  request for renewal of residence permit
- A valid passport or equivalent travel document,
- Residence permit expired.

Who is waiting for the first issue of residence permit

Facilitating the transit countries to Schengen does not extend to foreign nationals who are in possession of the receipt of the Italian post office on the first request for the grant of a residence permit for employment, self-employment (Decree flows) or for family reunification for which remain existing restrictions.

Consequently, they can not travel - holiday - one of the Schengen countries, but will only return to their home country and then return to Italy, provided that:
- Exit and return to Italy to take place through the same border crossing;

- The trip does not include transit through other Schengen countries;
- Produce a passport or equivalent travel document, together with the entry visa (even if expired) stating the reason for the stay and the receipt issued by the post office, which will be stamped by the border police.
·       
Exceptional cases

However, if a citizen extraue have to travel to a Schengen State and delayed due to valid reasons, may:

- Request Police Department issued a temporary residence permit paper, documenting the urgency and necessity of their travel, as required by urgent telegram from the Ministry of the Interior dated December 7, 2006.
- Consult the diplomatic missions, in Italy, the country where he should go, ask for a special visa, even if such representations often deny in its sole discretion.

Obviously, the above provisions do not apply to the movement in other European countries (which do not adhere to the Schengen Treaty) and for travel outside Europe.
Those who want to go on holiday to European countries (non-Schengen) countries or extraUE, or to return home, have to transit in one of these countries should contact the consular diplomatic missions in Italy, for information.

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