Myths & Facts about EU Citizenship

Myths & Facts about EU Citizenship

The EU includes 27 countries, and the citizens of any of these countries are also known as EU citizens. Being an EU citizen gives the passport holder right to live, work, and study in almost any EU member country and travel freely to the Schengen area. There are some misconceptions regarding the obtaining EU Citizenships which we will explore in this article:

Myth 1. A baby born in an EU member country becomes a citizen of that country

Getting the right to Citizenship by being born in a country is known as “jus soli” right for citizenship. There are countries in the world like the USA, and Canada that entitles a child born on their territory to automatically become a citizen. In the EU nations, however, the “jus soli” right does not apply. Some European countries that allow “jus soli” right have certain conditions like in Germany, a child from foreign parents will get citizenship at the age of 8 if he or she legally resides in the country.

Myth 2. You can get EU citizenship through a fake marriage

There are many fraudsters who offer a shortcut to EU citizenship through a fake marriage. E.g., if you register a marriage in France, it will be easy to get a French passport at once. However, it is not that simple, getting EU Citizenship via marriage is possible after fulfilling certain strict conditions. For example, Germany requires spouses to live together for at least three years before applying for Citizenship.

Some countries have less strict requirements. In Malta, you can apply for EU citizenship after 5 years of marriage and the spouses don’t have to live in the country. In Portugal, the term is even shorter — just 3 years, but the applicant should learn the Portuguese language.

Myth 3. One can buy an EU citizenship like any other commodity

This misconception is there because of the misinterpretations of residency or citizenship investment programs. A person simply invests money in a country’s economy, e.g. buys real estate, and gets a residency or citizenship in return.

However, obtaining EU citizenship by naturalization comes with conditions, you can obtain residency or Golden Visa by investment but to convert that to Citizenship you need to fulfill certain conditions. For example, in Portugal, the investor can apply for citizenship after 5 years after he got a residence permit and he has to spend a minimum of 14 days every 2 years of residency in Portugal and learn the basic Portuguese language, in Greece, the investor needs to stay 183 days every year for 7 consecutive years, and so on. Considering the minimum stay requirement in different EU Golden Visa programs, Portugal offers the best option.

Malta is the only EU country that offers the fastest path to citizenship by a contribution of €600,000 or €750,000. First, an investor gets a residence permit and holds it for 12 or 36 months depending on the investment sum. And only after that, he can apply for citizenship.

Myth 4. One can obtain citizenship by investment in any EU country

The vast majority of European countries do not offer citizenship by investment, since immigration is an acute problem in Europe. Only a few countries like Portugal, Greece, Malta, and Spain offer these programs, and the conditions to obtain citizenship differ, e.g.,  Maltese citizenship can be obtained after 12 months of residency and a contribution of €750,000 after 12 months. Portuguese citizenship can be obtained after 5 years of residence permit, there are multiple investment programs. The majority of investors choose a purchase of real estate that starts from €280,000.

Myth 5. If an investor’s application is rejected, the money won’t be refunded

Residency and citizenship programs by investment are regulated by the country’s legislation. The implementation of all requirements is monitored by the government of the program’s country.

An investor can apply for participation in a program only through licenced agents: financial consultants or law firms. It is not possible to apply by yourself.

The stages of the procedure for getting a passport by investment are known in advance and enshrined in law. In case of contributions, the applicant deposits funds into a special account only after their candidacy has been approved and in case of real estate, the applicant can always re-sell it. Only the initial government fees like due diligence fees or application fees are non-refundable.

It is true that an application may be declined if an investor won’t pass due diligence process: conceals a criminal record or won’t confirm the source of income.

Myth 6. A passport obtained by naturalization differs from an ordinary EU citizen's passport

An EU passport by investment is no different from any other EU passport and does not have any restrictions attached to it. The investor can freely move across the Schengen area, live, work or run a business, send children to state schools in any EU member state.

The EU member states issue only biometric passports which have a special microchip. The holder’s data is being automatically verified at customs

Each country sets its own requirements for investors. In Malta, the main requirement for obtaining citizenship is to own or rent housing for 5 years. If the investor sells or annuls the renting agreement ahead of time, the citizenship will be revoked. The investor is subject to controls from the respective government bodies for several years after obtaining citizenship.

Basic rights provided by EU Citizenship

  • Free movement across the EU territory and the Schengen area;
  • Visa-free or simplified entry to 180 countries including the USA and the UK;
  • Right to live with family in any EU member state;
  • Right to work and run a business in any EU member state;
  • Owning real estate in EU countries, leasing it, and getting income;
  • Access to the public healthcare system;
  • Passing the citizenship to children born on the EU territory;
  • Opening accounts in European banks;
  • Being under the protection of the law of the country.

Myth 7. An investor has to surrender his first citizenship

The second citizenship is when both countries acknowledge a person as their citizen independently from one another. Consequently, the person gets all the rights and obligations in both countries, including paying taxes. In Russia, the person with two citizenships is acknowledged as a Russian citizen, in France — as a French citizen.

Almost all countries with investment programs allow dual citizenship. Neither Malta, nor Portugal, nor Greece require an investor to give up his passport.

Tax residency is indirectly related to citizenship. To become a tax resident of another country, a person must live there for more than 183 days a year. He can live in the country with any status: with a residence permit, permanent residence or citizenship.

Myth 8. You have to permanently live in the country of second citizenship

No European program has such a strict requirement for the new citizens. Having received a second passport, the holder is free to live wherever they want. Moreover, EU citizenship offers the opportunity to move to any country within the EU. It only requires the passport holder to register their new place of residence within three months after moving there.

At the same time, if a person lives in the country for more than 183 days a year, he will automatically be assigned the status of a tax resident. This rule applies in all countries of the European Union.

Myth 9. Adult children can’t obtain passports with the investor

In many EU countries, the investor's adult children can obtain a residence permit or citizenship. Such rules apply to residence permit programs in Portugal and Greece. Children under 26 and the applicant's parents can apply for a Malta passport. As a rule, additional participants must be financially dependent on the applicant.

Myth 10. Children and grandchildren won’t automatically become EU citizens

This myth appeared for a reason: each country adheres to its own guidelines of inheritance of citizenship.

The Maltese citizenship is inherited regardless of where a person lives and where his children or grandchildren were born. If an investor obtained an EU passport by investment, but continues to live in his home country, the children and grandchildren born after that, in most cases, will automatically inherit both citizenships. In some EU countries, one or both parents will be required to live in the country.

How to get EU citizenship

There are three major legal ways to obtain an EU Citizenship:

Citizenship by investment: In all countries, the procedure goes through naturalization: the investor first receives a residence permit. The fastest way to get a residence permit is in Portugal and takes 6 months. Citizenship can be obtained 5 years after that.

Citizenship by naturalization: The standard path, which takes 10 years or more. It includes the following stages: obtaining a residence permit for 5 years, permanent residence for 5 years, and applying for citizenship.

As a rule, the applicant will need to prove a connection with the country, pass an exam on knowledge of language and history, and take an oath.

Citizenship by repatriation: This method is suitable for those who were forced to leave the country and their descendants. For example, Hungary has granted citizenship to one million Hungarians in Romania and Slovakia.

If someone offers to buy a passport of a European country for money, bypassing the official procedures for filing documents, then you’ve met a fraudster. You should always consult a professional if you are planning to apply for a 2nd Citizenship or Golden Visa.

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