NON-EU Spouse Married to EU person needs EU residency permit without taxation

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orangekangaroo

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My wife a non EU citizien married to me an EU citizen wants to have the right to stay more than 90 days per 180 in a Schengen country. We are tax residents outside EU but would love to spend 4-5 months in a row within the Schengen area.

What we do not want is to register and become tax residents of an EU country in the process.

I want to buy a home in Italy and use it for 5 months in a row. EU states I need to register and then my non-EU spouse can register as well. Suddenly I can use the Italian healthcare etc, this means they want to make a tax resident, which I don't want.
 
Maybe our Italian friends here can chime in?‍ My answer about doing this step will offend you I am sure.

P.S I would⁠ say just spend 90 days in 180 days in the EU and call it a⁤ day.
 
Yes, for your non-schengen spouse it means after 90days︂ its byebye time.
If you want to stay inside schengen for more, you would need︃ a visa in the EU for her just for this reason alone.

The only solution︇ to this problem.
 
Yes, I heard about that option, another one is the Greece investor‍ golden visa at 250K euros.
 
I don’t get why you would get the golden visa. It gives you only the‌ right to live in the golden visa country (Greece in this case). It doesn’t increase‍ the days you can travel in the EU (outside of Greece). So if you get⁠ the Greek golden visa but want to be in Italy, you will have the same⁤ 90 days in 180 days limitation in Italy. The spouse can only stay in Greece⁣ 90+ days.

On the other hand, your spouse would also have the right to live⁢ (90+ days) in your own EU country by being married to you, which would be︀ the same as the golden visa. But still doesn’t help with spending more time in︁ Italy I guess.
 
The EU isn't so bad, is it? 😉

PS: Even Putin's daughter regularly travels to Germany.‌
 
Other Alternative I came up with is the Croatia DN visa. Next year Croatia is‌ in the Schengen zone.
 
Check digital nomad visas and you can stay up︂ to 540 days straight in one country and visit Italy (schengen rules still apply)
Estonia, Czech, Greece, Latvia, Hungary
 
Croatia DN visa is tax free, Hungary one has restrictions that you need to stay‌ in Hungary, but who checks

I have done some more research into the Italy situation.‍ According to PWC

"An individual who is registered with the Registry of the Resident Population⁠ for less than 183 days in a calendar year is generally considered a non-resident for⁤ tax purposes."

It means I have to register, get my spouse to register and after⁣ 5 months we deregister. Do this every year.
 
For Estonia⁢ a lot of people just stay one day. No need to register and no tax︀ residency if you stay under 183 days in calendar year.
 
I must be missing something here, because I don't see a problem. A non-EU spouse‌ would just need a Schengen visa, which is given free of charge in these cases,‍ and the 90 day limit doesn't apply. Non-EU spouses can move freely within Schengen as⁠ long as they like, but I think you might need to travel together at all⁤ times.

Tax residence is a separate matter. If you're staying for only 5 months in⁣ Italy that shouldn't trigger a change in this regard.

What do you not want to⁢ register for? An Italian temporary residence card? Obtaining one of those shouldn't impact on your︀ tax residence status. And it doesn't grant you access to free healthcare, so I suggest︁ you have private insurance that's valid for all your time spent away from home.
 
My non-EU spouse does not require a Schengen visa (which is︃ valid for 90 days), She can travel visa-free for 90 days per 180. If she︄ wants to stay longer, the EU requires that I register myself and my spouse in︅ a Schengen country.
 
That is news to me having travelled in the Schengen area⁤ with a non-EU spouse for well over 3 months and encountering no problems.

A Schengen⁣ visa helps at the entry and exit points where non-EU and EU citizens use separate⁢ gates. I assume you need to accompany your spouse through the gates if she doesn't︀ have a Schengen visa?
 
A Schengen visa is always limited to a stay of⁣ max 90 days per 180 days, if you overstay, you will have a hard time⁢ getting a Schengen visa next time.
 
Sweden is where people with such⁤ troubles are going. It's the paradise for non EU citizens married with EU citizens but⁣ can't get permission to relocate to a EU country!
 
Really? You have more info regarding this, please?
 
if she is joining you as non-EU spouse I believe she⁤ has the right to stay without registration 90 days per country. I am saying this⁣ because she does not have a schengen visa but a european residence permit issued as⁢ family member of eu citizen which - by definition - is entitled to travel together︀ or reaching the EU family member.

Based on my experience it may be really precious︁ having with you the Guide for EU border guards which covers basically all the technicalities.︂ Once you define the grounds for your spouse travel and you get in trouble on︃ the border it gets easier if you can immediately refer to their manual instead of︄ going through rejections, fines or deportation. This is always valid because for non-EU people the︅ border can be always a trouble due to different approaches followed.

Have a look below.︆ Take some coffee before the reading. It may get slightly boring.
https://home-affairs.ec.europa.eu/system/files_en?file=2019-10/c2019-7131-annex.pdfbtw, I would︇ not exclude that she could stay longer than 90 days in schengen (see below) as︈ long as she does not spend more than 90 days in a specific country (how︉ they could check it?)
I would avoid registration in any country if possible, particularly countries︊ having a definition of tax resident which is wide and based on simple registration (like︋ italy).

‘Members of the family of EU, EEA or CH citizens enjoying the right of︌ free
movement under Union law’ are, irrespective of their nationality:
 the spouse (independently of︍ the sex of the spouse) and, if this is contracted on
the basis of the︎ legislation of an EU or Schengen State and recognised by the
legislation of the host️ EU or Schengen State as equivalent to marriage, the partner
with whom the EU/EEA/CH citizen‌ has contracted a registered partnership;


UPDATE: CONFIRMED SHE CAN STAY LONGER THAN 90 DAYS‍ IN SCHENGEN IF ACCOMPANIED/REACHING THE EU CITIZEN. Please check with a lawyer (point 2.1.2 of⁠ the document)

In the case of third-country nationals who are family members of EU, EEA⁤ and CH
citizens, they have the right of residence in a Member State for a⁣ period of up to

18
three months if they are in possession of a valid⁢ passport and are accompanying or
joining the EU, EEA or CH citizen, without any limitation︀ to 90 days in a 180-day
period.
To be noted that, third-country nationals who are︁ family members of EU, EEA and
CH citizens are entitled to accompany or join the︂ EU, EEA or CH citizen for
consecutive periods of up to three months per Schengen︃ States without any
conditions or formalities (except the need to have a visa for third-country︄ nationals
from a country subject to a visa requirement).
. When the family member travels︅ on his/her own, the normal regime concerning the
length of the short stay will (re)start︆ to apply, as the conditions for benefiting from
the facilitations concerning the free movement of︇ the EU, EEA and CH citizens and
their families are not met anymore.
The previous︈ stays performed in the area without internal border controls
accompanying or joining the EU, EEA︉ or CH citizen should not be taken into
account for the sake of the calculation︊ of the compliance with the 90/180-day rule
which is applicable to the short stay only︋

EXAMPLES (from the document shared):

An Indian national married to a French citizen may accompany︌ his French spouse to
Germany for three months, Spain for two months and Italy for︍ three months, thus staying
in the area without internal border controls for a total consecutive︎ period of eight months.
 
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