How can my non EU girlfriend stay in Italy more than 90 days?

Question

My girlfriend wants to come to Italy with me (an EU citizen). She is not an EU citizen and wants to stay for more than 90 days in Italy. She is 19 years of age and has a grandaunt (who is an Italian citizen) that is willing to let her live in her house, and declare that she is taking care of my girlfriend. What laws, if any, would allow such a person to stay more than 90 days in Italy?

Answer 1

Unfortunately, there are no EU visa’s for non-family members on the basis of a romantic partnership or relationship.

The EU recognizes family members to be facilitated entry and residence as follows:

Article 2

Definitions

For the purposes of this Directive: 1. ‘Union citizen’ means any person having the nationality of a Member State; 2. ‘family member’ means: (a) the spouse; (b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State; (c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b); (d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b); 3. ‘host Member State’ means the Member State to which a Union citizen moves in order to exercise his/her right of free movement and residence.

Some Member States, potentially Italy included, recognize domestic partnerships as equivalent to marriages.

Maybe you and her are able to come to peace with this idea that for a longer stay, you two would have to make deeper commitments. Maybe that is a non-question, and can work well if that is the case in Italy.

Other than that merely on this basis, there is not much room to consider.

If there are other facts that may be relevant, for e.g., she may apply to a university and get a student visa; maybe the familial tie you mentioned or other familial ties or ancestry may entitle her to naturalization and citizenship, but these questions vary from state to state; if she’s from a widely recognized less democratic country where she was subjected to or has a well-funded fear of persecution as a member of a social, ethnic or “racial” group or for political opinion or faith, asylum may be another option.

Answer 2

The easiest way would be to marry your girlfriend, which would qualify her for a spousal visa (in some E.U. countries, this would automatically give her citizenship). Whether or not this is a reasonable solution would depend upon the relationship.