Breaking news: Pinocchio denied entry in Italy for past criminal offences
Whether or not a criminal conviction will impact your eligibility to travel to the Schengen area and to Italy will depend in large part on the nature of the criminal activity on your record.
Do you need a visa?
The EU has a common policy (Regulation (EC) 810/2009) to regulate the visas for third country nationals who intend to stay in the Schengen area for no more than 90 days in any 180 days period.
The Schengen Area encompasses most EU countries, except for Cyprus and Ireland. Additionally, the non-EU States Iceland, Norway, Switzerland and Liechtenstein also have joined the Schengen Area.
(*) Croatia is part of the Schengen area since January 1, 2023
There are citizens of some coutries that must have a visa when crossing the external borders (Visa nationals) and others who are exempt from that requirement (Non Visa Nationals). These lists are set out in Regulation (EU) 2018/1806EN•••. Generally, a short-stay visa issued by one of the Schengen States entitles its holder to travel throughout the 27 Schengen States for up to 90 days in any 180-day period. Visas for visits exceeding that period remain subject to national procedures.
On which grounds entry can be refused in the Schengen area?
According to the Schengen Visa Code, entrance is not permitted to those who are considered a threat to public order, to the safety of the State or to one of the other Schengen state-members.
However, each Schengen country has also its own entry rules and to enter Italy, foreign nationals must NOT:
be listed in the Schengen Information System (SIS) as an inadmissible person;
be subject to expulsion measures
be considered a threat to public order, national security and international relations, as well as a threat to public order or national security of other Schengen countries
Checks conducted upon entering Italy
Any non EU nationals (both Visa nationals and Non Visa Nationals) seeking to enter Italy may be subject to checks by border, customs, currency, and health authorities. If all of the requirements are not met, entry may be refused at the border, even if the individual is in possession of a valid visa.
Visa Nationals are checked by the Consulate in order to obtain the visa, while Non Visa Nationals (such as citizens from USA, Canada, Australia, Japan, etc.) do not have to report any past criminal convictions. Despite this, they may also be subject to controls and be questioned by the Border Police.
As soon as ETIAS — European Travel Information and Authorisation System, will become operative, it will be mandatory to report any criminal offence over the previous 10 years listed in the ETIAS Regulation.
For the time being upon entering Italy, foreign nationals must:
✓ enter through an official border crossing point;
✓ hold a valid passport/equivalent travel document authorizing to cross the border;
✓ hold an entry/transit visa, if required;
✓ have enough money to cover the stay and the return trip (showing a return ticket is sufficient proof)
✓ have documents to justify the purpose and conditions of the stay.
Which past criminal offences can cause denial of entry in Italy
Art. 4 of Decree 286/98 (Italy Immigration Law) set forth that entry can be denied to individuals who have been convicted:
- whether or not the sentence is definitive, for the crimes providing for arrest in flagrancy (such as homicide, robbery, riot, harm against public officers, etc. as per art. 380, c.1 and 2, of Italian Criminal Code) or for the crimes relating to:
(i) trafficking of dangerous and narcotics substances;
(ii) Sex offences and abuses;
(iii) Aiding and abetting of illegal immigrants in Italy and of illegal emigrants from Italy against other states;
(iv) prostitution exploitation;
(v) employment of minors in illicit activities.
- by final judgement, of a copyright related offence (Law on copyright and Art. 473 and 474 of the Italian Criminal Code)
- have been subject to a previous expulsion order.
Disclaimer
The information provided on this article (i) does not, and is not intended to, constitute legal advice; (ii) are for general informational purposes only and may not constitute the most up-to-date legal or other information (iii) this website may contain links to other third-party websites. Such links are only for the convenience of the reader; (iv) readers should contact their attorney to obtain advice with respect to any particular legal matter.
