Go Back > > >
Thread Tools Search this Thread
Old Nov 7, 17, 10:46 am #1
Original Poster

Join Date: Nov 2017
Posts: 1
Would a dual citizen (US/UK) require a visa for Italy to stay for more than 3 months?

Dual citizen with both US and UK passports trying to stay in Italy for a few months.
Flew into France recently (using US passport for US exit/France entry) and then travelled into Italy. No problems.
Context: Came to help sick sister-in-law.

Now I think I need to spend more time in Italy.
Under my US citizenship, research shows that if greater than 90 days, then the Schengen rules apply and I would need a visa/residency to stay in Italy under my US citizenship.

However, if I use my UK passport, I don't believe that I need a visa and can stay as long as I want in the EU and travel freely. Note: UK embassy can't seem to give me a straight answer.

Anyone had experience on
[1] how to travel (exit and entry) with the correct passport for US to Europe ( I think you just use your US passport for exit and entry on all cases to make things easy)
and
[2] any limitations on using the UK passport whilst in Europe and problems with staying longer than 90 days in Italy?

Should I just use my UK passport in Europe and not file for any Italian Visa's Or do I really need to travel back to the USA, file for an Italian visa under US citizenship, return on approval and take residency in Italy which takes months to approve.
Seems very convoluted, costly and a lot of work to ensure that I don't get told to leave OR get denied entry if I leave/come back in the future within 6 months of the schengen limit.
Perlo is offline Reply With Quote
Old Nov 7, 17, 11:20 am #2

Join Date: Sep 2015
Location: Peterborough, UK
Programs: BA Silver; Westjet Gold; Avis P+; Global Entry
Posts: 1,001
use the UK passport to enter the shengen area, then you can live and work without a visa.

It doesnt say, are you already in Europe at the moment?
aidy is offline Reply With Quote
Old Nov 7, 17, 11:24 am #3
A Cpi-Web Posting Legend

Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 84,309
As long as you’re economically active in Italy as an EU citizen with such passport or a close family member of a family household using EU mobility rights that is economically active, you should be able to reside in Italy without issue even if you entered Schengen with your US passport.
GUWonder is offline Reply With Quote
Old Nov 7, 17, 12:14 pm #4
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles

Join Date: Dec 2009
Location: VNY | BUR | LAX
Programs: AAdvantage | MileagePlus
Posts: 8,678
Exclamation Moderator's Action

Schengen issues are commonly discussed in the Europe forum.

Please follow this discussion as it moves there.

TWA884
Travel Safety/Security co-moderator
TWA884 is offline Reply With Quote
Old Nov 7, 17, 1:24 pm #5

Join Date: Mar 2016
Location: AMS,CPT
Posts: 2,389
Even an EU national (and for now, the EU includes UK) will usually require some sort of registration for staying a long period in a different country, quite conveniently, it seems like the UK government have a detailed page about it - https://gov.uk/guidance/living-in-italy

I think which passport you used to enter is quite irrelevant, as no one will know if you used your UK passport or not, since it wouldn't have been stamped, however I would direct the question to the municipality official when you go to register.
Ditto is offline Reply With Quote
Old Nov 7, 17, 2:11 pm #6

Join Date: Jan 2008
Location: HEL
Programs: lots of shiny metal cards
Posts: 6,733
Definitely use your UK passport while in the EU (also for entering). It confers many rights that US citizens don't have.
WilcoRoger is offline Reply With Quote
Old Nov 7, 17, 3:13 pm #7

Join Date: Apr 2016
Programs: LH SEN; BA Gold
Posts: 5,046
Use the UK passport for entering/leaving the EU/Schengen (while it lasts) and the US passport for entering/leaving the US. In other countries use whatever's easier.
WorldLux is online now Reply With Quote
Old Nov 8, 17, 5:25 am #8

Join Date: Jul 2005
Location: LIS, from SFO
Programs: A3*G
Posts: 6,978
In theory you should register in Italy as a long-term UK citizen. In practice, I doubt it matters, especially if you're not working there.
Palal is offline Reply With Quote
Old Nov 8, 17, 6:15 am #9
A Cpi-Web Posting Legend

Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 84,309
Quote:
Originally Posted by Ditto View Post
I think which passport you used to enter is quite irrelevant, as no one will know if you used your UK passport or not, since it wouldn't have been stamped, however I would direct the question to the municipality official when you go to register.
Entry via an EU passport indeed isnít a legal necessity for an EU citizen to have EU citizen rights in the EU.
GUWonder is offline Reply With Quote
Old Nov 8, 17, 7:15 am #10

Join Date: Jul 2009
Location: mostly not far from AMS, otherwise NUE
Programs: FB Platinum, Hilton Gold
Posts: 1,526
That is true, but if he enters with a US passport he'll need to exit with a US passport within 90 days or else he'll be considered to have overstayed I suppose.
mfkne is offline Reply With Quote
Old Nov 8, 17, 7:58 am #11

Join Date: Apr 2016
Programs: LH SEN; BA Gold
Posts: 5,046
Quote:
Originally Posted by mfkne View Post
That is true, but if he enters with a US passport he'll need to exit with a US passport within 90 days or else he'll be considered to have overstayed I suppose.
Ok. Let's think this one through. How can you overstay if you're allowed to stay indefinitely (for the foreseeable time)? Entering/leaving the EU with the UK passport will avoid hassle but OP can't overstay in the EU, since he is a EU citizen (for now at least).
WorldLux is online now Reply With Quote
Old Nov 8, 17, 12:43 pm #12
A Cpi-Web Posting Legend

Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 84,309
Quote:
Originally Posted by mfkne View Post
That is true, but if he enters with a US passport he'll need to exit with a US passport within 90 days or else he'll be considered to have overstayed I suppose.
Not true. That would be a misunderstanding on the part of whomever considers an EU citizen as having overstayed within the Schengen zone, at least absent one of a very few conditions being applicable to an EU citizen outside of their own member country of citizenship.

Even for some non-EU citizens, absent one of a very limited set of conditions being applicable, they all can’t be considered as having overstayed in the zone regardless of what the non-European passport shows and/or how it is reviewed. And EU citizens have even more fundamental rights than such persons when it comes to legal presence in the area.

Last edited by GUWonder; Nov 8, 17 at 12:50 pm
GUWonder is offline Reply With Quote
Old Nov 8, 17, 4:34 pm #13

Join Date: Dec 2013
Posts: 268
How many of you with opinions on the ins and outs of dual nationality in this case, are in fact dual nationals?

Opinions are NOT facts.

Anyone can travel on any passport they happen to have. Fact.
Anyone with a passport from an EU country can live in any other EU country indefinitely. Fact.
The UK is still an EU member at present. Fact.
The OP is ALREADY in Europe having entered through France as noted in the OP if you read it. Fact.
The OP can stay in Italy for as long as s/he likes as a UK passport holder. Fact. (or at least until Brexit is finalized, it's a fact.)

Now for opinions. Just what the USA, the EU or the UK governments would prefer you to do to suit their records of your comings and goings, may or may not be an actual legal requirement. These differ by country and for example, while the USA can insist you exit and enter using your USA passort, they CANNOT dictate what passport you enter or exit the EU on.

It would probably have been a good idea to leave the USA on your US Passport and enter the EU on your UK passport. That would simply avoid any potential for future misunderstanding. But you have done what you have done and so the question is how to proceed given what is.

The answer, is you need to do nothing EXCEPT leave the EU (Italy) when you are ready, using your UK passport to show Immigration at the airport but your US Passport at check-in and then enter the USA on your US passport.
SwissBritMiss likes this.
dulciusexasperis is offline Reply With Quote
Old Nov 8, 17, 5:16 pm #14

Join Date: Apr 2016
Programs: LH SEN; BA Gold
Posts: 5,046
Quote:
Originally Posted by dulciusexasperis View Post
These differ by country and for example, while the USA can insist you exit and enter using your USA passort, they CANNOT dictate what passport you enter or exit the EU on.
But only for another two years. ETIAS will shake things up there.
WorldLux is online now Reply With Quote
Old Nov 8, 17, 5:17 pm #15

Join Date: May 2016
Posts: 154
Only issue OP may have is in the future if they want to re-enter the Schengen zone using the US passport. That passport wonít show an exit stamp corresponding to the entrance stamp he/ she received upon entering France.
NeedstoFly is offline Reply With Quote
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Thread Tools
Search Thread
Go to Top
Forum Jump
- FlyerTalk - Archive - Top