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I have a big doubt related to the Schengen Visa immigration border process regarding double citizenship (EU + non-EU), specially with its "Out" stamp.

I entered Italy with my Brazilian passport (got "in" stamp for 90 days stay as tourist). I happened to have acquired my Italian citizenship on the same day I arrived, one month ago. Now I have double citizenship, BR and IT.

I don't plan on leaving Italy in the next 6 months and I still don't have an Italian national ID yet but I do have my new Italian birth certificate as a digital document.

My questions are:

(1) If I stay in Italy now, and my Italian national ID card takes more than 90 days to be completed, What will happen to the Schengen status since I might not have an "Out" stamp on my Brazilian passport with 90 days permit to stay?

(2) Can this give me any headache when I decide to leave (and re-enter) the EU in the far future, having my future-to-exist Italian National ID card and my Brazilian passport with me?

(3) Is there anywhere I can go or anything I can do to get an "Out" stamp on my non-eu passport without leaving Europe before the 90 days expire, in case the issuing of my Italian National ID takes longer than that?

PS: In case someone does not know, there is a weird Italian law, enforced most IT cities' Comune, that requires proof of residency before issuing national ID to an Italian citizen, which by law can take up to 6 months to be completed

Thanks in advance.

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  • Do you intend to get an Italian passport, now that you are a citizen? How long would that take? – Greg Hewgill Oct 31 '18 at 23:34
  • Hi Greg. Yes. I plan to get my Italian passport as soon as I am allowed to (which, if I am not mistaken, is after I get my proof of residency. That can take up to 6 months. So my passport can take up to 7 months to be in my hands. – Lucas Quintiliano Oct 31 '18 at 23:48
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If you are an Italian citizen, you can forget about all those Visa and stamps for Schengen - you are now a Schengen area citizen.

In the future, when you travel into the Schengen area, you should always use your Italian passport (or ID). Nobody will care about your 'never-ended' trip with the Brazilian passport, and if someone asks, you just tell them you became a citizen (and show your Italian passport) - end of discussion.

The only issue would be if you became a citizen only after the six month on the Brazilian passport / visa run out - but you said that is not the case, so you are good.

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    Hi Aganju. Thanks for the fast and very transparent answer. – Lucas Quintiliano Nov 1 '18 at 0:00
  • It sounds slightly unlikely that the OP could acquire Italian citizenship as an adult without already being a legal resident for several years. More likely he acquired Italian nationality automatically at birth, and what happened recently was simply that the Italian authorities took official note of that fact. (This means that the issue in the last paragraph here is extra unlikely to arise). – Henning Makholm Nov 1 '18 at 0:18
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    Hi Henning, thanks for your comment. My case is a bit complicated. I acquired citizenship thru a court case in Rome. Since my mother side of the family was Italian, I tried to acquire citizenship by going against an Italian law that woman born before 1948 could not pass their citizenship forward. I won the case on July of 2017. But it took until Oct 2nd 2018 to finally get the ruling decision "transcripted" in my ancestral's Comune. That is why I only got my Italian birth certificate last month. So, thanks for your answer and I think you are right about that last paragraph of Aganju's answer. – Lucas Quintiliano Nov 1 '18 at 2:01
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    Seeing as you fight for your citizenship through the Italian courts, I would guess that you have a contact for an Italian immigration lawyer - in case of any issues in the future, they would be the one to talk to. Not sure about the residency requirement as I know Italians who do not residency in Italy but still have passports. – Richard Nov 1 '18 at 6:45
  • Hi Richard. Thanks for the comment and advice. When Italians leave IT, they must register residency in the consulate near them. When it is completed, you can ask for a IDs at the consulate you just finished registration of the AIRE. Before its completion, if a new ID is needed, without emergency justification, they need to go at their previous consulate / comune of residency and issue it there. In my case, I am at a "legal limbo" since I do not have a previous residency, requiring me to, first, register for a permit before being able to get my IDs... Crazy, I know, but it is true. – Lucas Quintiliano Nov 1 '18 at 19:50
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Since proof of citizenship means you can't be penalized for an overstay, getting an exit stamp is not necessary. But if you really want one badly enough, maybe buy a cheap plane ticket to U.K., get the stamp, then go back out without getting on the plane. Use your proof of citizenship to avoid getting another entry stamp.

I don't know whether this would actually work, but …

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