Dual EU/US Citizen entered EU on US Passport. Would like to stay longer than 90 days. Should I exit and re-enter EU with my EU passport or is it ok?

12/14/2022 10:25:33 AM

It’s better to respect your US passport used for entering the EU. Yes! You have the freedom to stay as long as you wish to be in the EU but it may be like the US citizen staying in the EU after their visa has expired and EU Citizen staying who has never entered the EU. It will be great for you to get advice from the US consulate.

12/11/2022 3:05:01 PM

I’ve read it isn’t possible to overstay if you are an EU citizen

True. Your right to stay in any EU country is nearly absolute if you are working, studying, seeking a job, or have a pension or otherwise enough financial resources, outside exceptional circumstances (e.g. if you have committed a serious crime).

This right cannot be abrogated based on which passport you used (even if it was in violation of some national laws requiring their dual nationals to use the EU country’s passport only).

but it would look odd on your (US) passport to not have an exit stamp.

Also true. If you show your US passport without proof of EU citizenship, you can encounter difficulties when you try to exit or enter EU again with your US passport only. But any immigration inquiry at a border (or elsewhere in the EU) must end when you show your EU passport.

If you show both passports, border officers are not supposed to stamp your passport if they know you to be an EU citizen. They will most likely simply disregard your U.S. passport and give it back.

Also when I leave the EU to go back to the US I would be using my US passport, so not sure how to handle that with it showing an overstay.

There is no requirement to show your U.S. passport when exiting or entering E.U. borders. The simplest and recommended thing to do is to show your EU passport or national ID, and show these things only. Do not make things more complicated than it needs to be.

In general (exceptions exist), there is no requirement to show the same passport or travel document to the airlines, the immigration officer of the departure country and the immigration officer of the destination country.

12/12/2022 5:39:31 PM

No, you don’t need to exit and reenter. You are an Italian citizen; you enjoy the right of free movement regardless of which passport you used to enter the Schengen area (or any non-Schengen EU country).

it would look odd on your (US) passport to not have an exit stamp.

The US doesn’t care, and neither does the EU. You will probably never have to show your US passport to an EU official, but if you do, and if they ask about your lack of an exit stamp, just tell them that you’re an Italian citizen and show them your Italian passport if they want to see it. Similarly, in the exceedingly unlikely event that a US officer ever asks about the lack of an exit stamp, just explain that you used your Italian passport when you left and therefore didn’t get one.

Also when I leave the EU to go back to the US I would be using my US passport, so not sure how to handle that with it showing an overstay.

Check in for the flight with your US passport. When you get to the exit checkpoint for the Schengen area, show your Italian passport. When you arrive in the US, show your US passport.

Can/should I go to Gibraltar and get an exit stamp, then re-enter with my EU passport?

No.

Or is this not necessary and can I just stay longer than 90 days, then show my EU passport when anyone asks about my overstay?

Yes.

Instead of memorizing complex sequences of whom to show what passport when, I keep instead to these principles:

  1. Always show the EU passport to EU passport inspectors.

  2. Always show the US passport to US immigration officers.

  3. Use the EU passport with the airline when flying into the EU.

  4. Use the US passport with the airline when flying into the US.

There is a lengthy discussion of these matters at I have two passports/nationalities. How do I use them when I travel?

Credit:stackoverflow.com‘

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Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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