What should I do if my D visa was refused? The nulla osta has already been obtained, and registration with the chamber has been completed. Are all of those annulled after the refusal or not?
The nulla osta (нулла оста) doesn’t get cancelled if the visa is refused — these are documents from different authorities; the embassy doesn’t inform the chamber of commerce or the sportello (спортелло). My wife and I went through this ourselves — we were left waiting with no response for almost 10 months and by August were already expecting a refusal, yet the nulla osta remained valid the whole time. The only thing is that it has an expiration date; it’s best to check the exact deadline with whoever processed it to see if there’s still time to reapply.
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Thanks so much, I feel a bit relieved. Did they give you the visa in the end or did you have to reapply? And what’s the standard validity period for the nulla osta (нулла оста) — six months?
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They gave it in the end, so we didn’t have to resubmit — we waited even longer than we thought, but they approved it. As for the nulla osta, ours was for six months; check your document, the end date is written there.
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Instead of an outright refusal, the consulate will sometimes call and offer to change the visa type — for lavoro autonomo (self-employment) with no clients in Italy they’ll switch you to a nomad (digital nomad) visa. They didn’t offer that to us; they just kept us hanging for a long time and eventually approved us, but that option does exist.
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One more thing — if the nulla osta (нулла оста) isn’t issued for more than 90 days, there’s a rule that lets you apply for the visa with the same set of documents without waiting for it. After 100 days of waiting I went to apply at the visa application center in Moscow; they accepted the documents but warned right away that the consul would still wait for the nulla osta — they won’t issue the visa without it. Still, the submission date was recorded, and that’s something. And for the future: when the visa arrives — within 8 days after your first entry you need to send the kit (кит) via the Italian post; you can give any address, even a temporary one where you’ll stay the first few days.
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About the DPR 334/2004 decree — Article 5 spells out the entire nulla osta procedure and the consulate’s obligations. When I looked into it before submitting, I found it and it became clear why everything works this way — by law the consulate is obliged to wait for the nulla osta and won’t issue anything on its own. So what you wrote about the visa center is right — the submission date will be recorded, that’s a plus, but in reality the visa will only come after the nulla osta reaches the consul.
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I had a nulla osta from Tuscany — also for six months; the date is written right in the document. As soon as it reached the consul, they issued the visa within two weeks. So if yours hasn’t been withdrawn, you have time; reapplying is a realistic option.
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Going through a lawyer is an option too — we waited 90 days, then he wrote to the consul citing Article 29, paragraph 8 of Decree 286/1998, which sets the maximum time for issuance. At first we got a written reply: “no nulla osta, wait.” Then there was correspondence, and the nulla osta eventually reached the consul and the visa was issued. So if deadlines are tight and you haven’t gotten an answer, a lawyer with specific legal references really helps move the case along.
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The certificate proving you’re not married for the nulla osta — at our embassy in Milan they told me it’s valid for six months, but I’ve read that many say three months. It’s better to get it as close to the submission as possible so it doesn’t expire — especially if there’s currently a pause because of a refusal and you plan to reapply.
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