Visa applications submitted to embassies often take a considerable amount of time to process. In many cases, even obtaining a simple appointment may take months—or even years. In this article, we’ll explore the most common issues that can stall the visa process and what legal remedies are available to overcome them.
1. The Main Obstacles to Obtaining a Visa: Appointment Unavailability or Non-Issuance
There are two main obstacles that applicants typically face when applying for an entry visa:
The inability to book an appointment to submit a visa application;
The failure of the embassy to issue the visa within the timeframe established by law.
In both cases, the most effective legal remedy is filing an appeal against administrative silence (ricorso avverso il silenzio).
The first scenario occurs when the applicant is unable to book an appointment due to a lack of available slots on the embassy’s booking platform. The second arises when the visa application has been submitted, but the embassy fails to process it. In both situations, the applicant is left in limbo—sometimes for months or even years—waiting for a visa that never materializes.
So, how can these situations be resolved? Let’s explore.
2. How Long Does It Take to Obtain a Visa?
The timeframe for visa issuance varies depending on the type of visa. For example, Article 31(8) of the Implementing Regulation of the Consolidated Immigration Act (DPR 394/1999)
provides that, once the employer has obtained the required authorization (nulla osta), the worker may request the visa from the embassy, which must issue it within 30 days of the application.
It is important to remember that embassies are public administrations of the Italian state and, as such, are subject to Italian law—including the procedural time limits set forth in it. Specifically, Article 2 of Law No. 241/1990 stipulates that any administrative procedure initiated by request or ex officio must be concluded with a formal decision within 30 days. This timeframe may be extended to 90 or 180 days via ministerial decrees issued for reasons detailed in paragraphs 3 and 4 of Article 2.
Paragraph 4 specifies that the maximum duration for such procedures cannot exceed 180 days—except for those concerning citizenship acquisition and immigration matters.
Although this exception may suggest that visa-related procedures could exceed 180 days, the Italian Council of State has clarified in several rulings that 180 days must still be considered the maximum reasonable timeframe, even for immigration and citizenship matters. If this limit is exceeded without a formal decision, the administration—including embassies—can be considered in default, allowing applicants to challenge the inaction in court.
3. How to Get a Visa Appointment
If you are unable to book a visa appointment, both out-of-court and judicial remedies are available.
Out-of-court, you may send a formal request for an appointment and for visa issuance within 30 days. If the consulate does not respond, you may request that the superior administrative authority intervene. Although this route avoids court proceedings, it does not guarantee a response. Nevertheless, contacting the hierarchical superior often prompts a reply from the original office.
After the initial 30-day period, you may file a legal appeal against administrative silence with the competent court. A judge will then be required to issue a ruling, and if the outcome is favorable, the court will order the consulate to issue the visa within a legally defined timeframe.
4. How to Unblock a Delayed Visa Issuance
f the visa application has already been submitted and more than 180 days have passed—exceeding the maximum timeframe recognized by the Council of State—it is possible to file a legal action for administrative silence.
Important: When dealing with work visa applications, this legal action must be brought within one year from the expiration of the applicable timeframe. This means within one year after the initial 30-day period (in cases involving an approved nulla osta), or within one year after the 180-day deadline in all other cases.
5. Why You Should Consult an Immigration Lawyer in Bologna
If you are planning to submit—or have already submitted—a visa application and are encountering one of the obstacles described above, an experienced immigration lawyer can offer the legal support you need, whether through out-of-court measures or formal litigation. Consulting a professional can help you avoid prolonged delays that often lead nowhere and ensure that the embassy complies with its legal obligations.
Integra – Immigration, Employment and Rights provides a full range of services and is based in Bologna (Via Cesare Battisti 33) and Pesaro (Viale della Vittoria 161).
