0

Currently in the process of applying for an Italian citizenship. We're having trouble because it seems there is a fault in the system and we have no way to know if we're registed or not, if it got there or not, etc. Seems like the Méxican embassy is not very well organized.

We want to have our citizenship and passport before we travel to Switzerland because it is our understanding that if we enter without an EU passport then we'd have to come out and back in after we get our EU passport in order to not expire the visa.

I was wondering if it'd be possible to go in with a Méxican passport (i.e. use the visa), get the citizenship and passport from Italy directly and stay inside the EU without having to come out and back in.

From what I understand this would mean that in Switzerland's records we went into Switzerland with a visa and we stayed that way. Unless we went out and in again from the EU with our EU passport.

Is my question clear or did I not explain it well?

Edit:

Our plan is to stay in Switzerland for more than 3 months, which is the visa period we get AFAIK, after which we gotta stay outside of the EU for another 90 days.

What we want to avoid is having to pay a flight(s) in order to get in and out of the EU in order to say that we're not going in with a visa.

closed as off-topic by Kris, Nean Der Thal, Karlson, Vince, Dirty-flow Dec 4 '14 at 7:39

This question appears to be off-topic. The users who voted to close gave this specific reason:

If this question can be reworded to fit the rules in the help center, please edit the question.

  • 3
    In my personal experience, this doesn't matter. I entered the UK on a visa before getting British citizenship - and the next time I travelled, I left UK on a British passport. The most important part is that you are always within the EU boundaries legally. – Aleks G Dec 3 '14 at 15:05
  • Also worth noting that UK doesn't stamp passports/visas on exit, therefore they couldn't track me exiting the country with my visa. The next time I entered UK - it was already on a British passport. – Aleks G Dec 3 '14 at 15:06
  • @AleksG Right, although I should have noted that our plan is to stay and live in Switzerland, well over the 3 months we're allowed. And our idea is to save some money by not having to pay a two-way ticket in order to get in and out of the country. – greduan Dec 3 '14 at 15:08
  • "if we enter without an EU passport then we'd have to come out and back in after we get our EU passport in order to not expire the visa". What's the problem with leaving and re-entering Switzerland? It's a tiny country, and leaving is really easy. – DJClayworth Dec 3 '14 at 15:36
  • @DJClayworth As we understand it, we'd have to come in and out of the EU itself, no? Or just from Switzerland? – greduan Dec 3 '14 at 15:43
4

Whether you need to go back to Mexico to pick up your passport is entirely up to Italy. Staying too long in Switzerland before you have got any proof of your Italian citizenship does seem risky. But if you really become an Italian citizen shortly after entering on your Mexican passport (or perhaps already are one) and are able to pick up a passport or ID card in Italy, I don't see why it should be a problem.

Note that no matter what your citizenship is, there would be no record of your leaving Switzerland for another Schengen country. What counts is the time you spend in the whole area and it is enforced mainly by looking at the stamps in your passport. So if you show up at a border checkpoint (entry or exit) with only a Mexican passport and a dangling entry stamp older than three months, you could get in trouble. Ditto if there is a police check for some reason (it can happen in some countries).

But if you do get your Italian passport or ID before the end of the three-month period, this should not be relevant anymore as you have the right to be in the EU and can use the Italian documents to prove that, leave and reenter whenever you want.

Importantly, most people who get a citizenship by naturalization (probably not your case but I think the example is still relevant) are already present on the territory of the country in question. Once they get their new citizenship, they simply don't need their existing visa anymore but there is no requirement to leave their new country of citizenship, let alone the whole EU.

The main issue with your plans is that you would be leaving to Italy or Switzerland hoping to get the new passport in a timely manner but could find yourself staying there with no documents because of another delay in the process.

2

In practice, if you acquire EEA citizenship whilst in a member state your existing visa becomes redundant. You do not have to leave and re-enter FOR IMMIGRATION PURPOSES.

If you lose your Italian passports and need to rely upon your Mexican passports, there's a potential vulnerability if you cannot show compliance with the terms and conditions of your visa(s).

Secondarily, some countries have tax and pension regulations that involve day counts in foreign locales, you may need to check with tax authorities to see what the impacts are (if any) for your particular case.

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