Case: Is it possible with the residence permit of one Schengen country to reside in another country?
Description of the case.
Purpose: to obtain residence permit in Schengen for living in Italy.
Problem: receiving a refusal to issue an Italian residence permit.
Decision: obtaining status in another country in the Schengen area for the possibility of moving to Italy.
Grigory K. acquired real estate in the mountainous region of Italy, invested in business in the energy sector, which is the basis for obtaining a visa D and residence permit in the future. However, he was refused.
Formulation of the problem.
What difficulties arose during the registration of residence permit in Italy?
In Italy, one of the reasons for obtaining a residence permit status is the existence of a business and a stable income. Or the income in another country, deduced to the Italian account and necessary for a full-fledged residence of one person or family, respectively, in proportion. At that time – at least � 8 thousand per year for an adult and not less than � 4.5 thousand per child. By the way, now these figures have grown significantly – up to � 18 thousand euros per person. It was necessary to show on the account about � 21 thousand and, accordingly, to pay the necessary tax. That business project, which was proposed for consideration by the Italian consulate, was considered not very significant for obtaining residence permit. As it turned out in the future, the required amount of income was not enough.
Examination of the visa in the consulate – about 120 days. The general process is at least six months.
How many times did you need to visit the consulate and come to the country in the process of obtaining a residence permit?
When registering a residence permit for Italy, it was necessary to visit the country at least three times in preparing the case (implementing a business plan) and three times in the future to file a package of documents at the post office, handing fingerprints and obtaining residence permit after the fact. The intervals between these stages are one and a half to two months.
Have you considered the possibility of obtaining a residence permit in another country?
I did not think about it. I did not even know that I could face such a problem in Italy. I checked the information in the consulate, contacted several local companies – the grounds for registration were 100%. Therefore, at first I did not think of other options, I had no doubt about the successful outcome.
Refusal to issue the residence permit of Italy and the search for a solution.
Why did you decide to get a status in another Schengen country?
I have two children, at the time of moving they were 16 and 7 years old. We arranged for the children to go to school, the wife enrolled in the Italian language courses, because we had all the grounds for obtaining residence permit, we did not doubt the result. But, unfortunately, received a refusal for a formal reason. Then we had three options – to appeal, to apply for a new residence permit of Italy anew or to issue a residence permit in another country.
We decided on the third option, as the guarantees of a successful result, after submitting documents anew, we did not have, and the deadlines were tight – the children had to go to school. That’s why they decided to get a residence permit where it can be done with a guarantee and quickly.
For us it was very important to get a residence permit guaranteed, so first chose from investment programs. I liked the Hungarian program of permanent residence, but at that time it was just starting to work, and we had doubts whether it was worth it. After studying a few more options, we settled on the residence permit of Lithuania through business, since I had a working company in Vilnius.
How much did the process of registration of the residence permit of Lithuania take?
About 2.5 months have passed since the start of the operation. In parallel, we filed documents for the residence permit of Italy.
How long have you lived with the residence permit of another Schengen country in Italy?
About half a year, until they waited for the Italian residence permit.
You lived with the residence permit of Lithuania in Italy for 6 months. Were there any difficulties?
There were no difficulties. Children without any problems went to school, no one was interested in what kind of residence permit they had. My wife and I also had no difficulties. We bought a car in Italy, went to language courses, opened bank accounts, everywhere there was enough Lithuanian residence permit. This also had no effect on business and taxes.
What would you do now if you knew in advance about the difficulties of formalizing your status in Italy?
I would choose residence permit for investment or passport program. Italy’s residence permit is inconvenient because it is necessary to permanently live in Italy, to extend it, and I often go on business trips. Conditions in Lithuania have become more complicated, therefore it is also inconvenient to extend the status. For me it would be better to get a status that does not need to report annually, go on an extension, stand in lines. Plus, you never know if the residence permit will be prolonged.
I liked another option to buy a Cyprus passport through real estate, but it did not suit me financially.
You had two residences at the same time in Schengen, were there any problems with that?
As in Italy, and in Lithuania, no one asked me any questions when obtaining residence permit, nor during extension. By the way, since I was worried about this issue, lawyers provided me with a legal certificate.
Now I have a residence permit in Italy, already the third. Lithuanian residence permits we extended only once. There, the immigration law changed, and it became very difficult to maintain the status.
Is it possible to have two or more residences in Schengen at the same time?
The legislation of the EU does not prohibit the receipt of several residence permits in different EU countries by one citizen. If there is a residence permit for one EU country, the applicant must justify obtaining a residence permit from another EU country. In our practice, there is a case when the client had three residences of various European countries. Moreover, this fact was not hidden and even was an advantage when applying for a residence permit in other EU countries.
Is it possible to live with the residence permit of one Schengen country in another country?
The answer to this question has a legal and practical part. According to Directive 2003/109 of the EU Council of 25 November 2003 on the status of third-country nationals living on a long-term basis, a person has the right to reside permanently in the territory of the issuing State and is in the territory of other Schengen countries for not more than 90 days in half year.
What do we face in practice? A very large number of persons who have received a residence permit in one Schengen country reside in another state of the agreement. Why does this happen?
Within the Schengen zone, there are no borders; there are no facts of responsibility or deportation when living in one country with the residence permit of another country.
Important! For employment it is necessary to obtain a residence permit only in the country where employment is planned. Also, this task is solved by the EU passport. With European citizenship it is possible to live and work in any EU country. As for business, there are no restrictions on running your business in the EU regardless of status.
When choosing the design of residence permit, it is worth paying attention to the simplicity, speed and guarantee of registration. State programs (residence permits for investments) are much more effective than usual immigration options, as they do not require permanent residence, are easier to design and provide for simple or automatic extension. Moreover, the chance to get a status in this case is higher. Getting a residence permit in one Schengen country, where it is easier and faster, does not rule out the possibility later of obtaining a second residence permit in the country where the move is planned. Moreover, the risk of failure is reduced. For example, in countries such as Austria, Switzerland, Italy, etc., there is a high probability of refusal, and some programs are subject to quotas for the issuance of residence permits per year.
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