Does the RES letter format (рес) guarantee that a response will be sent for any procedure? Or, if an instance considers itself not obliged to fulfill the request, is it also not obliged to respond?
Res confirms delivery of the letter, but it doesn’t obligate the authority to respond — those are different things. At re-entry the consulate replied, because it’s part of their regulated procedure. The chamber of commerce, when I asked about the nulla osta, simply stayed silent, even though there was a res.
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With reingresso (реингрессо) there’s a different mechanism — the consulate itself makes a request to the questura (квестура) where you’re awaiting your residence permit (ВНЖ). The question of res (рес) doesn’t even come up here; the main question is whether they’ll reach that stage or decide not to consider the application because of the lack of a type D visa (виза D). And by the way, the ricevuta (ричевута) itself literally says: “is not grounds for requesting a visa” — so it only confirms the fact that it was sent.
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Res (рес) is needed to prove that you made the request/contact if it later goes to court.
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I sent a PEC (Posta Elettronica Certificata) to the Questura through a lawyer — there was still no response
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More precisely, at pec they have a legal obligation to respond — there are specific deadlines. It’s another matter that in practice this is ignored. But that’s precisely what later becomes the basis for a complaint to the supervisory authorities, and if there’s silence from there — the Ministry of Foreign Affairs.
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In theory, yes — 30 days under Law 241/90. But that’s just theory: the Questura (police headquarters) knows the deadlines perfectly well and still stays silent. That silence later becomes grounds for taking the case to the TAR (Regional Administrative Court), but that then takes months.
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That’s called silenzio-inadempimento — legally, the questura’s silence after a PEC is a violation in itself. People win at the TAR (Regional Administrative Tribunal), but there are complications: a lawyer costs at least a few thousand, and proceedings take a year to a year and a half at best in Tuscany. So sometimes it’s easier to press through the prefecture first — at least it’s faster there.
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The prefecture isn’t necessarily faster either, but it makes more sense to try there than to go straight to court.
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Law 241/90 works on paper, but the questura (police headquarters) knows the score perfectly: TAR (Regional Administrative Tribunal) is at least a couple of thousand euros plus a year to a year-and-a-half of waiting. It’s cheaper for them to stay silent. It makes more sense to start with the prefecture — there you can put pressure without court costs, and if there’s silence from there too, then silenzio-inadempimento (silence as non-compliance) is already a valid basis for TAR.
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There’s also a queue for TAR — a year to a year and a half is optimistic for Milan.
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