Read news from:
Austria
SHARE
COPY LINK

BREXIT

Before and after Brexit: How will the rights of Brits in Italy change?

Whether there's a deal or not, here's how your residency rights as a British citizen in italy are likely to change post-Brexit.

Published: 12 February 2019 16:19 CET
Before and after Brexit: How will the rights of Brits in Italy change?
Photo: Depositphotos

Brexit Day is creeping ever closer. On March 29, 2019, British citizens will lose their EU citizenship, and with it the associated rights that have, until now, allowed them to live and work legally in Italy and other EU member states.

After Brexit though, they’ll be relying on the goodwill of individual EU member states to guarantee that they can continue to live and work in the countries they call home.

In Italy, the good news is that things won’t change as much as you might expect – at least, not in the short term.

British in Italy, the citizens’ rights group, has been campaigning to keep as many of these rights as possible.

READ ALSO: 'I am not alone' – How Brexit's Facebook groups can be life-saving therapy for anxious Britons

And Italian government officials have told the group they’re working on measures that would allow British citizens resident in Italy to keep their rights in the country post-Brexit.

Nothing is finalised yet. We don't have the full details of how Italian government legislation will look; campaigners say the legislation will be published “not long before Brexit day”.

But we do have a draft text giving some idea of what British citizens can expect to change – deal or no deal.

Photo: AFP

The transition period

The first thing to know is that the Italian government has confirmed there will definitely be a transition period after the UK leaves the EU – we just don't know how long it will be yet.

It could be six to nine months, or it could last until December 31, 2020. The length of the transition period depends on whether a deal – a ratified Withdrawal Agreement (WA) between the EU and UK – is reached or not.

READ ALSO: How to beat (or just survive) bureaucracy in Italy: the essential pieces of Italian paperwork

But the good news is that, during this transition period, your rights will remain the same.

“Importantly, the Italian government confirmed to British in Italy that UK citizens will continue to enjoy all their existing EU rights of residence, to healthcare, to work, education or study within Italy throughout either of the two possible transition periods starting 30th March 2019,” wrote British in Italy.

But then what happens?

There are two possible scenarios:

“The EU and the British Government reached an agreement in November 2018, the potential Withdrawal Agreement (WA), on the rights that will be substituted for our EU rights if, and that is a big if, the agreement is approved by the British parliament,” said British in Italy.

“There currently seems little chance that it will be approved.”

You can find British in Italy's entire text here in Italian.

FOR MEMBERS: The ultimate guide to getting residency in Italy

Anti-Brexit protesters in Rome. Photo: Vincenzo Pinto/AFP

In either case, here's what we know so far, based on the Italian government's draft Brexit plan.

Pre-Brexit: until March 29, 2019

UK citizens currently have the right to residency as EU citizens (under EU Directive 2004/38).

Although EU citizens can travel freely around European member states, anyone staying longer than three months in Italy is required to apply for a certificato di residenza (residence certificate) at their local anagrafe (registry office). 

It is something of a formality, and many people don't register for one reason or another. But if you haven't registered before the UK leaves the EU, you won't be covered by legislation being drawn up to protect the rights of British citizens resident in Italy.

After a withdrawal under agreement

If there is a deal, the Italian government intends to follow the procedure set out in the Withdrawal Agreement that recognizes the rights of UK citizens resident in Italy at the end of the transition period (In this case, that would be December 31, 2020).

UK citizens will have to follow the administrative procedure (which is still to be decided) to have their rights recognised by that date.

After a no-deal Brexit

Before the end of the transition period, from March 30, 2019, UK citizens registered as Italian residents will have to register again at the police headquarters as resident under the new status of third country nationals (CPT)

It's important to note that the government has not yet released full details of the requirements for British citizens to re-register as third country nationals in the case of a no-deal Brexit.

Currently, non-EU citizens must apply for a visa for any stays of longer than three months.

For more details on this, read our articles on the current residency requirements and current citizenship requirements. However, it's not known whether or how much these could change for Brits post-Brexit.

The Italian government has promised to treat UK citizens “generously” during this process, as advised by the EU, and has indicated that they may not need to fulfil all of the usual CPT requirements.

We'll know more when Italian officials release the final draft of their Brexit-planning legislation.

READ ALSO:

For members

EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

Published: 7 May 2024 10:29 CEST
How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
SHOW COMMENTS