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I'm a non-EU citizen about to become an Italian Citizen by descent. My wife, also non-EU citizen is with me but has already overstayed her 90-day Schengen visa-free entry.

We would like to permanently settle in the EU, but in Sweden rather than Italy.

Is there a way for us to legally move to Sweden and request the residence for her there? Taking into account that she is in an irregular Schengen situation right now.

Clarifications:

  • We're currently located in Italy. I'm a registered resident but she's not. She only has the dichiarazione di presenza with the same address as me.
  • The question obviously refers to after I become a full EU citizen.
  • I have already applied and handled the process for the citizenship, this question does not refer to that process, only to my wife's situation.
  • She can't request the citizenship by marriage yet, that would be our definitive plan, but we still have to wait a couple of years for her to be eligible.
  • We have researched the permesso di soggiorno per motivi familiari but even though it would regularize her situation, we have two problems: First, it would take many months without us being able to leave Italy. And also, it would make her an Italian resident, not the outcome we are looking for.

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Is there a way for us to legally move to Sweden and request the residence for her there? Taking into account that she is in an irregular Schengen situation right now.

Once you become an Italian citizen and have obtained an Italian passport or national ID card, your wife can accompany you to Sweden with only a passport and some documentary evidence of your marriage. She doesn't need to regularize her situation in Italy before going to Sweden.

She can however do so, in which case she should not apply for the permesso di soggiorno but for a carta di soggiorno di familiare di un cittadino dell'Unione.

Doing so would relieve her from the requirement to get a short-stay visa to enter Sweden. However, this requirement only exists of she is a citizen of a country whose citizens require visas for normal short visits to the Schengen area (for example, Morocco). If she is from another country (for example, Japan), this doesn't matter. Furthermore, she only needs a visa to enter Sweden if you would be flying through a non-Schengen country. To travel there from Italy without leaving the Schengen area, her passport should be sufficient along with the marriage certificate.

See

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