EU resident and 90-day rule in Italy
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My boyfriend and I are UK residents and, come April, will have been staying in Italy in the same place for 3 months. We wish to stay an extra month but I'm not sure what is legally required. I understand some countries require you to apply for residency (of up to 5 years) or prove you have sufficient funds (€6,000) in your bank account (which we don't) after 90 days. Is this the case for Italy? We are technically just tourists, as we are both freelancers and are only working from our laptops for our UK clients.
We arrived here by plane from Vienna. If we were to travel to another country, would our 90 days reset in Italy, allowing us to return to Italy for up to another 3 months? If so, how long would we need to have left Italy for?
Any help and information anyone can provide would be hugely grateful. I haven't managed to find a black and white answer to this question anywhere.
Best Answer
Italy is part of the Schengen travel zone and so is Austria. The UK is not.
- A non-EU/EEA resident of one Schengen country can visit all other Schengen countries under the 90/180 rule, that is no more than 90 days out of the previous 180 days.
This condition must be fulfilled every single day. There is no reset. After 90 days in, you must stay 90 days out. (On the 181th day you could come back in since the first of the 90 days in was more than 180 days ago.)
But you are not a resident of the Schengen zone, I believe.
- You are residents in the UK, not in a Schengen country. If you are also citizens of an EU/EEA country, your travel would be covered under the EU freedom of movement or freedom of establishment rules.
- If you are not citizens of an EU/EEA country, either you need a visa or you have visa-free entry under the same 90/180 rule. You would need an Italian D visa.
Important: If you are an EU citizen who lives and works in Italy for clients elsewhere in the EU, you might already be an Italian resident for tax purposes. Talk to a competent tax counsellor now.
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How long can EU residents stay in Italy?
All EU citizens have the right to free movement, with entry and residence in Italy, for stays up to 3 months and it is not necessary to fulfill any formalities. However, EU citizens must have an identity document valid for travel abroad (according to the law of their nationality).What happens if you stay in Italy over 90 days?
If you completed 90 days in the Schengen space You must exit and after 90 days you can enter again for MAX another 90 days. If you plan to stay longer than 90 days you will need to apply for a National Visa specifying the reason for such a prolonged stay. A visa may or may not be granted.What is the 90 day rule for Italy?
They must travel to Italy and then apply as your family member within 90 days of arriving. Nationals of certain non- EU countries may need a visa before travel. The Italian authorities should issue family reunion visas free of charge.Can I stay in Italy more than 90 days?
With an Italian long-stay visa, you can enter Italy. After that, you have to get your Italian residence permit, which is what authorizes you to stay in Italy for longer than 90 days. You cannot apply for an Italian residence permit if you are in Italy with a short-stay visa (Schengen).STAY IN EUROPE FOR MORE THAN 90 DAYS… JUST DO THIS! Schengen area and the 90 day rule for Van Life.
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Images: Sinitta Leunen, Sinitta Leunen, Matteo Basile, Matteo Basile