Italian visa D refused: why, and what can you do?

Under art. 4 c. 2 of the Testo Unico the consulate communicates a refusal in a language you understand, or in English, French, Spanish or Arabic. For work, self-employment, family, study and medical visas (arts. 22-39 TU) the refusal must state its reasons even on security grounds. The decision is due within 90 days (art. 5 c. 8 DPR 394/1999); the Italian Foreign Ministry page gives 120 for self-employment and 30 for quota work and family reunification, and the deadlines can be exceeded when checks are needed.

The pre-refusal people describe in the chats is the notice of grounds for refusal under art. 10-bis of Law 241/1990: you get 10 days for a written reply with documents, and the notice suspends the processing deadline. In 2023-2024 it came most often for lavoro autonomo and digital nomad visas in Moscow and Saint Petersburg, with the consulate doubting business experience, income, language, an association membership or the employer's papers. Some applicants got the visa after replying.

A final refusal is appealed to the TAR Lazio within 60 days of notification, with the appeal served on the Avvocatura dello Stato; a refusal of a family reunification or al seguito visa goes to the ordinary court (tribunale ordinario) with no time limit, according to the Italian Foreign Ministry. The chats describe a 2024-2025 case: a lavoro autonomo refusal in August, a lawsuit in September, a ruling for the applicant in March, after which the consulate issued the visa.

Many people reapply in parallel after fixing the reasons for the refusal: according to members, lawyers see no obstacle to a new application while the court case runs. After a refusal the passport comes back without a visa, with a separate refusal letter - keep it and the date it was delivered, since the 60 days run from that date.