Other Half and Residency....

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Other Half and Residency....

Post by Angela Fuller on Thu Dec 04, 2014 10:30 am

Can anyone tell me if I am automatically entitled to residency ?  My OH is a resident here but I am not and have been working in the UK.  Would I need to provide proof of income and health insurance ?  Any advice appreciated.....
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Re: Other Half and Residency....

Post by Admin on Thu Dec 04, 2014 11:07 am

Have a look at [url=http://www.serviziocentrale.it/file/server/file/Guida Iscrizione anagrafica - Emilia Romagna.pdf]this[/url]. It is the same all over the country so don't worry it says Emiglia Romagna
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Re: Other Half and Residency....

Post by stevegwmonkseaton on Thu Dec 04, 2014 11:49 am

Or here in English

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Re: Other Half and Residency....

Post by Flip on Thu Dec 04, 2014 2:41 pm

A word of caution Angela, no matter what piece of legislation or EU rule you wave at your local Comune, in the end it depends on the individual you are dealing with and what ''they'' deem to be required requirements. We have heard of one rule for some and one for others in different Comunes, especially where Health Requirements and income/savings benchmarks are, so be well prepared and have as much pertinent information as you can and most of all don't argue points of EU ruling and interpretation.
Also way up the benefits of obtaining Residency, it's not always the perfect solution.
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Re: Other Half and Residency....

Post by Gala Placidia on Tue Dec 09, 2014 5:43 pm

It is a complicated issue, but I would agree with Flip, think twice and do all your calculations before opting for residency.
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Re: Other Half and Residency....

Post by modicasa on Wed Dec 10, 2014 6:06 am

It depends if your other half is legally yours OH or not, and of what sex.

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Re: Other Half and Residency....

Post by Angela Fuller on Wed Dec 10, 2014 6:15 am

Married for 30 yrs modi (obviously I was a child bride) and he was the groom....
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Re: Other Half and Residency....

Post by modicasa on Wed Dec 10, 2014 8:04 am

Well, as the spouse of a resident you are entitled to residency.  Whether its a good idea is another matter.  If you have any property or business in your name outside Italy, then it probably isnt financially worthwhile.   As the spouse of a resident you can have medical care without being a resident, (unless my memory is completely shot).  Obviously if you are in Italy for more than 183 days a year you have an obligation to become a resident

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Re: Other Half and Residency....

Post by Flip on Wed Dec 10, 2014 9:00 am

It's a bit Chicken and Egg with Health Care though, even if you are married to an Italian Citizen (not Resident). To benefit from the system my understanding is that you have to have a Carte Sanititaria (the system has recently changed with everyone now having to prove/declare income) and to get this you have to be a Resident, otherwise you revert to the EHIC system with your residency Country.
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Re: Other Half and Residency....

Post by Admin on Wed Dec 10, 2014 10:30 am

You can't get health cover until you have residency. That is for sure in Marche (and probably everywhere else in theory).

Usually your husband's contributions can cover your healthcare. He has to sign a document to say you are at his expense or he will need to show his Italian tax return showing you are at his expense (carico). How it works when your husband is a pensioner (in Italy over 65) is you must get a form S1 from the UK as his dependent. You need to get this from the UK and should get it BEFORE you apply for residency. Then you will not need health insurance to support your request. You can self-certify your have the required income or apply as your husband's dependent. The details below are from a French ex-pay site but also apply to Italy:

2.4.2 'Dependent' Spouses
A 'dependent' younger spouse of someone reaching State retirement age is also granted cover under an S1.


The definition of just what is regarded as being 'dependent' includes all those in a married relationship or in a civil partnership. Thus, even though your spouse may have an independent source of income, they would be admitted as a dependent.

Only in the case of those not married, or in a civil partnership, would it normally be necessary to prove financial dependancy.

The decision as to who is dependent is not made by the French authorities, but by your country of origin. Some local health authorities in France have been known to contest dependency status, but the cases have been rare, and generally not upheld.

In the event that the holder of an S1 dies before their 'dependent' younger spouse reaches retirement age, then the surviving partner should continue to retain health cover through the S1 for 12 months."

Hope that helps.


Last edited by Admin on Wed Dec 10, 2014 10:39 am; edited 3 times in total (Reason for editing : wrong link)
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Re: Other Half and Residency....

Post by stevegwmonkseaton on Wed Dec 10, 2014 10:35 am

In many way you could be better off not being resident e.g. a bank account in your name in the UK would not be subject to Italian tax. However if you are in Italy more than 3 month, I believe it's this and not 183 days, then there is every chance the Italian tax authority will deem you resident. Being there 183 days or more would certainly have you as tax resident. On the other hand if you have no UK assets, then you may gain a little if anything is in your name e.g. house - house tax, fuel etc... Not too sure how the 5 year rule works, but if you are legally resident for that period my understanding is you would automatically qualify for permanent residence. This might also well b the case of being with a resident spouse where they are resident for the 5 years, that you too qualify. It's already been mentioned that there is a lot to consider, driving licence come to mind, but that may be an issue regardless. I'm sure having one of you resident means you can legally adjust your affairs and gain both ways e.g. having assets in whichever name suits the circumstances.


Last edited by stevegwmonkseaton on Wed Dec 10, 2014 11:15 am; edited 1 time in total (Reason for editing : Highlight)

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Re: Other Half and Residency....

Post by Admin on Wed Dec 10, 2014 10:45 am

Hmmmm. If you are resident in Italy then your UK bank account IS subject to Italian tax. In Italy you are liable to pay tax on your worldwide income. The fact that your UK bank deducts tax on the interest it pays you just means you have to use the doible taxation treaty with Italy to not pay tax on it twice. In fact on the Italian tax return there is a specific question asking if you have assets including bank accounts in the UK which you have to repond to.
If you don't want to pay tax in Italy then don't spend more than 3 months at a time here and no more than 183 days in any one tax year. I know a few people who do that. Nothing else will guarantee you don't pay tax.

I hear a lot of UK ex-pats say that they have a UK company and pay their tax in the UK even though they live in Italy. The are under the impression this is OK. It most definitely is not. I know because I paid a lot of money for a report from an international tax advisor specialising in Italian/UK cross-border tax to find out. If you live in Italy then you have to pay tax on your income no matter where it is earned.
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Re: Other Half and Residency....

Post by modicasa on Wed Dec 10, 2014 11:53 am

As an EU citizen if you are in Italy for more than 3 months continously then you are expected to ask for residency.  However a total of 183 days per year is the benchmark for fiscal residency. 
Agree with Admin totally - its worldwide income, even a paypal account is subject to Italian tax.

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