Legal basis
Being an Italian citizen, whether you acquired citizenship by descent (jure sanguinis), by marriage, or by residency, means that you are a citizen of the European Union (EU). According to Article 20 par.1 of the EU Treaty on the Functioning of the European Union, “Every person holding the nationality of a member state shall be a citizen of the union.” This means that as an Italian citizen you will have the same rights that all EU citizens enjoy, including the right to be able to live, work, retire in any other EU country.
This article will provide an overview of your rights and entitlements as an Italian and EU citizen, if living in any one of the other 27 EU member states. With that being said, it is generally advisable to check the specific requirements of the relevant EU country that you intend to live in to know what the exact requirements of your host country are as there might be slightly different rules and regulations in the different EU countries.
Arriving in an EU country
As an Italian citizen, you can stay in another EU country for up to 3 months without needing to register as a resident. However, you may be required to report your presence, which means informing the relevant government body (usually the town hall or local police station). To do this you will need to show a valid national identity card or passport. If you are with family members who are not EU nationals, they will need a passport. Some EU countries require you to report your presence within a certain timeframe after arrival, and may issue a penalty (such as a fine) if you do not, but you cannot be asked to leave the country because of this.
Registration as resident
If you intend to remain in your host country longer than 3 months, it is common practice that you register your residence, which involves attending the relevant authority (the town hall or local police station). The process is straightforward and once completed the registration certificate is issued and confirms your right to live in your new country.
To register you will need to show a valid identity card or passport, a certificate of employment or confirmation of recruitment from your employer, or self-employed status (if for work), proof of health insurance and sufficient income (for pensioners), or proof of enrollment in an approved education institution (for students). In most EU countries you should have an identity card or passport with you at all times and you could be fined if you do not.
Employment
As an Italian citizen, you have the right to live in any EU country where you work as an employee, a self-employed person, as a posted worker or as a retiree. As an EU citizen you also have the right to join your EU spouse in another EU member state, either because of your own EU rights or as your related family member’s dependant. Children and grandchildren who are EU citizens and are joining their EU relatives abroad are included in this.
Remaining as a dependant
If you do not intend to work, or study in your new EU country, you are still permitted to join your spouse or registered partner as their dependant. Some EU countries do not formally recognize civil and registered partnerships, so therefore always refer to the relevant residence guidelines and criteria for other relatives. After 3 months in your new EU country you will have to register your residence there. This involves submitting the same documents as listed above, as well as your spouse’s/partner’s registration certificate, and proof of your family relationship (such as a marriage certificate). The registration certificate has an indefinite validity period (does not have to be renewed), however you may need to inform the local authorities of any change of address.
Spouses and children
Regarding a non-Italian/non-EU spouse, he or she can relocate to a country within the EU with you, so long as you are an Italian citizen/have EU citizenship status. Your spouse will not need to apply for a visa before entering the country, but they will need to follow the same procedures outlined above, in terms of reporting their presence and registering for residency. They will also need to obtain a residency permit from the local authorities. After five years of continuous residency, a non-EU spouse will be eligible to apply for permanent residency.
It is also useful to note that the non-EU spouse can apply for Italian citizenship by marriage after three years of marriage to an Italian citizen (if residing abroad), or after two years if living in Italy. In both cases, this time is halved if you have children. If you have children (under 18), they will automatically become Italian citizens when you do, and therefore be entitled to the same rights as a citizen of Italy and of the EU.
Services Italian citizens residing in other EU countries can access
If you are an Italian citizen living in another EU country, you can enjoy almost all of the same rights as a citizen of that country, except the right to vote.
Opening a bank account
If you are legally resident in an EU country you are entitled to open a “basic payment account”. A “basic payment account” features the services you will need in daily life, such as withdrawing cash, making deposits, receiving and making payments (by direct debit and card purchases). It should also include access to online banking services, and a payment card that you can use to withdraw cash and make purchases, both online and in shops. To open a bank account you will need ID documentation as well as a tax code, which is the codice fiscale in Italy.
Healthcare service
Once you have registered as a resident, you can also access and register with the host country’s national healthcare service. Like in Italy, many EU countries have a healthcare system that has a public model, which means it is funded through national tax income payments. As an Italian citizen in Europe, you can access health and medical care which is either free, or at lower costs.
For temporary stays in the EU, you can also obtain the free European Health Insurance Card. This gives you access to medical and state-provided healthcare during a temporary stay in any of the 27 EU member states.
Driving license
If you hold another EU license, your driving license can be converted to that of your host country.
Purchasing property in another EU country
In most cases, as Italian citizen you can purchase property in any other EU country without the restrictions that non-EU citizens might experience, and you will not need to apply for permission or encounter the same barriers that are imposed on non-EU nationals because of more stringent regulations.
Taxes as a dual citizen
Taxation in most EU countries is usually by residency and calculated based on the number of days in a year you live in the country.
In Italy, for example, Italian tax and responsibilities are determined by the number of days spent in Italy. If you spend more than 183 days during a tax year in Italy, your total income is liable to taxation. If you spend less than 183 days in Italy during a tax year, you will be taxed only on the total income earned in Italy in that period. However, it is always advised to consult a qualified tax professional depending on your situation as to be clear which taxes apply to you.
Consular and diplomatic protection
Within the borders of the EU, protection is guaranteed by The European Convention on Human Rights. If you are in a country without representation of the Italian government, EU citizens are able to utilize the embassy services of any EU member state and request support, and are required to assist.
Permanent residence
If you have lived in an EU country legally for an ongoing period of 5 years, you automatically have the right to become a permanent resident. This means that your continuity of residence is not affected by short absences that are less than 6 months per year, longer absences for mandatory military service, and for other viable reasons such as pregnancy, serious illness, work, vocational training etc.
Furthermore, obtaining permanent residency means that you no longer need to prove that you meet the requirements to live in the EU country where you reside (for instance, proof that you are employed, that you have sufficient financial means to support yourself).
With that said, you can lose your right to permanent residence if you reside outside the country for a period longer than 2 (continuous) years.
This segment has been written to inform you of the processes and rights you have living in another EU country as an Italian citizen.
If you would like more information on Italian citizenship, you can contact us directly and one of our friendly experts will be in touch to answer your questions.
