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READER QUESTIONS

Reader question: Can Britons living in EU spend more than 90 days in another Schengen country?

The EU's '90 day rule' governs how long non-European citizens can spend in the bloc without needing a visa and, since Brexit, this has also included UK nationals. But does it still apply if you live in an EU country?

Reader question: Can Britons living in EU spend more than 90 days in another Schengen country?
Photo: AFP

Question: I’m British and I have residency in Italy, but my daughter and her family live in France. I like to spend a good part of the year with them in France, but since Brexit will the 90-day rule apply to me?

This is just one of many questions The Local has received on this topic – from British (and other non-EU) citizens who are permanent residents of an EU country, asking whether the 90-day rule applies to them.

Brits who were already living in an EU country before December 31st 2020 are covered by the Withdrawal Agreement, which gives them the right to stay in the countries where they live under many of the same terms as they enjoyed when they were EU citizens.

However, there are several things that the Withdrawal Agreement doesn’t cover.

One of those is moving to a different EU country, which UK nationals will now require a visa for – full details on that HERE.

The other is how much time they can spend in other EU countries.

90-day rule

In this case non-EU residents of EU countries are covered by the 90-day rule, in the same way as visitors from the UK or the US are.  So in other words there is no different rule for those Britons who are resident in the EU.

You can read full details of how the 90-day rule works HERE but broadly, people covered by it can spend 90-days out of every 180 in an EU or Schengen zone country other than their own without the need for a visa.

The 90-day total applies to the whole EU/Schengen zone, so if you live in France you cannot spend 85 days in Germany and then go straight to the Netherlands for two weeks to enjoy the Eurovision Song Contest, as that would exceed your 90-day limit. 

The 90-day limit is also intended for visits only, so if you intend to do paid work while in another EU country then you may need a visa.

Enforcement

Several people have also quite rightly asked us how this could possibly be enforced, given that passports are not routinely checked when travelling within the Schengen zone?

For example, how could French authorities really enforce the 90-day rule on someone who has crossed over from Italy for a lengthy visit?

While it seems unlikely people would be caught they should be aware that while residents of EU countries won’t be subject to the same passport checks and stamping as people entering the Bloc, that doesn’t mean there are no passport checks.

Controls can still be carried out at Schengen borders if, for example, there is a security alert or border restrictions are tightened due to the pandemic.

You could also be asked to produce your passport while visiting an EU country at a police or security check.

One thing to consider is that if you are found to have spent too long in a country where you do not have residency status or a visa you can face some severe penalties.

You may be fined in the country where you are found to have breached the 90-day rule and even deported. Your passport could also be flagged as an over-stayer which can cause problems for future travel or residency/visa applications.

In a worst case scenario non-EU nationals who stay longer than 90-days without a residence permit or visa could end up with a re-entry ban to the Schengen area.

Member comments

  1. There are no borders so if you are driving within EU countries and are staying with friends or family how would the authorities know.

  2. If you were driving from France to Italy for example, with French plates, who is going to know if you are British. If you have a French ID card, you could show that if asked.

  3. Note that there are some work arounds for the 90/180 rule, at least for Australians and New Zealanders. In both these cases, there are bilateral agreements on visa waivers predating Schengen. For example, an Australian can spend 90 days in Germany (only Germany), then travel to a non Schengen country for a single day, then return to Germany for a new 90 day period (https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662). This is entirely separate to the 90/180 requirement. I remember reading that a Kiwi managed to use these bilateral agreements to stay in Schengen countries for well over three years. However, seek confirmation from the relevant embassies before using these agreements- not unusual for the border officials to not have a clue

  4. I am a dual passport holder, US/British, and also have permanent residency in the Netherlands (with the ID) where I have lived for years. I like to spend chunks of time in Spain, and am very curious how things are going to work, if there will be any change in passport control within the Schengen Zone and how they would monitor the 90 day rule when passports are not checked. For example, since I am already living with Schengen, my passports will never be stamped on arrival in the Netherlands, and I assume when I land in Spain from another Schengen country there is no change? I am aware they may randomly check, especially for British passport holders, but could I not switch off sometime with my US passport or simply show my residency card from the Netherlands if asked? A bit confused how things are going to work in practice, if anyone knows if there are any changed to passport control within Schengen, that would be helpful to know.

  5. I got into a bit of trouble leaving Spain, a while back, as I was travelling on a NZ passport, but there had been no one to stamp it when I entered the EU (in France). It’ll be interesting to see how that plays out.

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READER QUESTIONS

Reader question: Do you need to cancel your residency when leaving Italy?

How do you cancel your residency permit when leaving Italy - and do you even need to do so at all? The Local looks into the rules.

Reader question: Do you need to cancel your residency when leaving Italy?

Question: My partner and I are leaving Italy after several years of living here. Do we need to cancel our residency? If so, can you advise us on how to go about doing this?

Most people know that you need to register as a resident in Italy if spending more then 90 days in the country. But what should you do if you decide to leave?

Do foreign nationals need to deregister as a resident, and under which circumstances? And how do you go about doing cancelling your residency?

We asked the experts to talk us through when you should deregister as an Italian resident and the the steps involved in cancelling your Italian residency.

Should you bother cancelling your residency?

As is so often the case when it comes to complex bureaucratic questions, the answer is: it depends. Both on your personal circumstances and on the type of residency permit you hold.

If you’re relocating away from Italy permanently then deregistering as a resident and informing the authorities of your new address is a legal requirement – and you’d want to do so anyway, says Nicolò Bolla of the tax consultancy firm Accounting Bolla.

READ ALSO: What’s the difference between Italian residency and citizenship?

On the other hand, if you’re moving away on a temporary basis, you’re not required to cancel your Italian residency.

“If, for instance, you undertake a two-year assignment somewhere, you can still remain a resident and benefit from all the coverage a resident has, such as healthcare,” Bolla explains.

You might want to hold on to your Italian residency in the short term if you're not sure whether the move will be permanent.
You might want to hold on to your Italian residency in the short term if you’re not sure whether the move will be permanent. Photo by MIGUEL MEDINA / AFP.

There’s no official time limit for this – you could leave Italy for a number of years while maintaining your residency and then return to live in the country as if there had been no break.

That means that if you’re leaving Italy and aren’t sure whether you want to return, you might want to keep your residency status, at least in the short term (it’s possible to be legally resident in both Italy and another country).

Financial planning and property consultant Daniel Shillito warns: “you want to be sure if you’re leaving the country that it was a permanent decision, and that you weren’t aiming to come back to live – because if you do want to, it could be tricky and quite administrative.”

For British citizens in particular, he points out, “having an Italian residency these days is a valuable thing, it’s not easy to get again.”

This all applies to those with permanent or long-term residency.

If you have a temporary residence permit, you will no longer be considered resident in Italy as soon as it expires – so you may decide it’s not worth bothering to cancel your residency if it’s due to expire anyway shortly after you leave.

Why does it matter?

There are multiple factors to consider here, the biggest of which is taxes.

If you’re resident in Italy, you’re expected to pay taxes here. However, if you’re moving to a country with which Italy has a double taxation agreement or dual tax treaty, you’re protected from being taxed twice on the same income. Many states, including the UK, America, Australia and Canada, have dual taxation treaties with Italy. 

READ ALSO: Can second-home owners get an Italian residence permit?

If you’re moving to a country which doesn’t have a double tax agreement with Italy, on the other hand, you’ll be legally required pay the full amount of Italian tax on your income even if you spend very little time in Italy, so will almost certainly want to cancel your residency.

Even if you’re moving to a country that does have a dual tax treaty with Italy, you may still want to deregister as an Italian resident in order to avoid having to deal with the paperwork involved in proving you’re a dual resident whose tax obligations are limited.

There’s also a third category of emigrant: for those moving to a country on the EU’s tax haven blacklist, such as Panama, simply deregistering as an Italian resident won’t keep the tax authorities at bay. The burden of proof is on the individual to demonstrate they actually reside in the blacklist country and aren’t just trying to evade Italian taxes.

In these situations, Bolla advises clients to register as resident in an intermediate third country after leaving Italy and before moving to the blacklisted country in order to avoid the extra bureaucracy.

READ ALSO: What taxes do you need to pay if you own a second home in Italy?

Do you need to cancel your residency when leaving Italy?

There are multiple factors to consider when deciding whether to cancel your Italian residency. Photo by FABIO MUZZI / AFP.

Other considerations

Besides where you pay your income tax, you’ll want to consider other factors such as official correspondence, tax breaks, and timeframes for residency-based citizenship applications, Bolla says.

If you maintain Italian residency, the authorities will expect to be able to reach you at your registered address, including for things like traffic fines or notifications of tax audits. If you no longer have any link to that address and no one to forward your correspondence on to you, you could end up in a sticky legal situation.

It’s also worth taking into account the fact that new Italian residents can access certain tax breaks that aren’t available to people who’ve lived here for a while. If you cancel your residency and then return to Italy at a later date, you’ll be eligible for those incentives in a way that you wouldn’t be if you’d kept your residency.

On the other hand, Bolla notes, maintaining Italian residency could work in favour of those interested in pursuing citizenship through residency.

An individual must be continuously resident in Italy for 10 years before they can apply for Italian citizenship based on their long-term residence status.

In theory, maintaining your Italian residency while you’re temporarily abroad could mean that period still counts towards towards those ten years and you won’t have to restart the clock on your return – though it’s important to consult a professional if you’re considering this option.

How can you go about cancelling your residency?

There’s no standardised national protocol for cancelling your residency. Instead, you’ll need to contact the comune, or town hall, you’re registered with to inform them of the change and ask them what you need to do.

The process could be as simple as sending a few emails, without even having to set foot in the building. There may also be a form to fill out. Because things vary from one municipality to another, you’ll need to contact your local comune to find out exactly what’s required.

Generally the process can only be completed after, not before, leaving the country, because you’ll need to provide your new address and possibly supporting documentation proving that you’re now resident elsewhere.

“You say me and my family – and then you list all the members – are no longer residing in your town, please deregister us, and our new address is (e.g.) 123, Fifth Avenue, New York,” says Bolla.

If you have a Spid (Sistema Pubblico di Identità Digitale or ‘Public Digital Identity System’) electronic ID, Bolla notes, in many towns and cities (such as Milan), the process can be completed online through the comune‘s website.

You should expect to receive confirmation that you and your dependents have been deregistered as Italian residents, so it’s worth following up until you receive this.

READ ALSO: How to use your Italian ID card to access official services online

Shillito advises using a PEC (Posta Elettronica Certificata, or Electronic Certified Mail) email account if you have one when communicating with your comune about deregistering. 

Messages sent between PEC accounts are certified with a date and time stamp to show when you sent them and when they were received, with a record of receipt automatically emailed to you as an attachment. Within in Italy they have the same legal value as a physical lettera raccomandata (registered letter).

“That secure email communication is official, you’ve got a receipt showing it’s been received,” says Shillito.

“That way you’ve got evidence and a record that you’ve communicated it to them, in case anything went wrong in the future and the Italian government decided to claim you were still living in Italy.”

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