2

To give context to the topic, I'm currently holding an EU Blue Card issued by Italy (Carta Blu) and I currently have a permanent contract (Contratto A Tempo Indeterminato) with my current employer. I have had my blue card status for 3.5 years now and been paying all the mandated contributions and taxes in Italy. My goal is to apply for the EU Long Term Resident status after staying for 5 years in Italy, however an exceptional position in Germany for another company was offered to me and I'm just waiting for the contract. The job requires me to relocate to Germany.

Now, I have doubts on how my residency period will be counted and if I have the option where to get it from (Italy or Germany).

  • If I move to Germany for at least another 1.5 years, can I still apply for the EU Long Term Resident status?
  • Will the residency period be reset as soon as I move to Germany?
  • If my residency period will be accumulated, are there any specific limitations or risk that I should be aware of?
  • If I prefer to move back to Italy after 1.5 years can I get the resident status in Italy or Germany will only be my option to get my long term residency?
  • Will my declared domicile (Permanent home location) and residence (Tax residency) matter for the determination of where I can get my long term residency?

I'm leaning towards getting my long term resident status in Italy as I also plan to continue for the citizenship application after obtaining the resident status hence I wanted to be careful with the decisions that I will be making.

2 Answers 2

0

As I answered here, you will need to stay in Germany for two years, but the remaining three years can be from residency in other EU countries.

I am afraid I don't know what the rules are if you have 3.5 years residency in Italy, 1.5 years in Germany, and then move back to Italy.

Your permanent home location is where you will be accumulating residency - but that isn't really a matter of "declaration", it is what it is. Your tax residency will (almost certainly) follow your permanent home, but it won't affect where you accumulate residency.

1
  • Let's say if I will stay 2 years instead of 1.5 years, I assume I will be able to apply for a German long term resident permit. Would this allow me to live in Italy without losing my German long term resident status? I clarified the point about domicile vs. residence because in Italy it is treated differently, also for the reason I'm looking into a cross-border commuter working arrangement which might be a good compromise but I'm not sure of its implication in relation to my application for the EU long term residence.
    – Ken T.
    Commented May 23, 2023 at 9:28
0

If I move to Germany for at least another 1.5 years, can I still apply for the EU Long Term Resident status?

Will the residency period be reset as soon as I move to Germany?

In general, yes, the residency period does kind of “reset” and you wouldn't be able to apply before spending 5 years in Germany. There are however special rules for Blue Card holders that would allow you to apply for EU long-term resident status after 2 years (not 1.5 years). For that to work, it is essential to get an EU Blue Card in Germany and not stay there under any other status like the “IT specialist” permit or a regular work permit. I would strongly advise double-checking with your prospective employer that they intend to support a Blue Card application and, if possible, avoid resigning your current job before this application has been granted (or at least submitted).

If my residency period will be accumulated, are there any specific limitations or risk that I should be aware of?

If I prefer to move back to Italy after 1.5 years can I get the resident status in Italy or Germany will only be my option to get my long term residency?

Regarding what happens if you move back to Italy, we have to consider three possibilities.

  • You move back within the first 6 months in Germany: The residency period for the purpose of EU long-term resident status should not have been interrupted, you should qualify for that status after another year in Italy (i.e. 5 years after moving there in the first place, including the 6 months spent in Germany). Note that there is also a maximum of 10 months out of the country over the whole five-year period so any long trip you may have made in the past might also jeopardize the recognition of your status.
  • You move back after 6 to 24 months in Germany: That's the worse scenario, you are back to square one, with no long-term status in either Germany or Italy, no benefit from all the time you spent in the EU, and you would need to stay another five years to qualify again.
  • You move back after becoming an EU long-term resident in Germany (so 24 months if you stay on a Blue card plus the time it takes to get your status formally recognized): You won't get a special status in Italy right away but while you wait for that (i.e. the 5 years it takes to become an EU long-term resident in Italy), you have a right to go back to Germany with minimal requirements.

Once you have the EU long-term resident status in one country, the same logic (5 year “return right”) applies to any move you make between participating countries. Concretely, that means that if, e.g., you lose your job in a country and therefore become ineligible to reside there, you have the right to come back to the country where you are a long-term resident even if you don't have a job or employer willing to sponsor a visa.

So it provides a safety net and makes moving slightly easier but it does not in and of itself allow you to live in other EU countries. You still have to qualify and apply for a residence permit based on the local rules.

Will my declared domicile (Permanent home location) and residence (Tax residency) matter for the determination of where I can get my long term residency?

In principle that's not really how it works but in practice I am not sure how the Italian authorities manage that.

I'm leaning towards getting my long term resident status in Italy as I also plan to continue for the citizenship application after obtaining the resident status hence I wanted to be careful with the decisions that I will be making.

The EU long-term resident status does have some benefits but it is not terribly protective. You shouldn't think of it as an EU-wide green card or anything like that. Citizenship from an EU country gives you much stronger rights across the whole EU.

Most importantly, EU long-term residence does not guarantee a path to citizenship. The rules for citizenship are in principle separate from the EU long-term residency rules. For example, the six month grace period may or may not apply, the definition of who is a resident (tax resident, domicile) may be different, etc.

To find out what the consequences of the move might be on a citizenship application in Italy, you should probably ask a question specifically about that. Finally, Germany has an expedited path to citizenship for Blue Card holders that may be of interest. It's doable under 2 years if you learn some German.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.