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MARRIAGE

No, marrying an Italian won’t save you from Brexit

If you’re worried about Brexit repercussions and wondering if marriage to a local would solve all your problems, you should probably think twice.

No, marrying an Italian won’t save you from Brexit
Wedded bliss might not also mean residency bliss. Photo: AFP

“You’d better hurry up and find an Italian to marry, or you’ll end up getting kicked out after Brexit!”

If you're a British citizen living in Italy, chances are someone you know has made this kind of comment before.

Many people imagine that marrying an Italian means you’ll automatically be handed an Italian passport and thus avoid the upheaval and stress that will come with Britain leaving the EU – if and when that happens

READ ALSO: The ultimate no-deal Brexit checklist for Brits in Italy 

The threat of potentially having to return to the wet and windy UK means even the least marriage-minded of us may be tempted to broach the topic with our Italian partners, or consider taking that amorous waiter up on his latest offer.

But, while there are plenty of good reasons to marry an Italian, sadly we’re here to tell you it’s no guarantee of Italian citizenship and peace after Brexit. 

As anyone who has already married an Italian (for non-Brexit-related reasons, of course) is well aware, we sadly don’t get handed Italian citizenship immediately after exchanging vows, but must wrestle with much the same bureaucracy as everyone else.

Unfortunately, Italy won't give you one of these as a wedding present. Photo: Depositphotos

You will still have to wait two years after exchanging your vows at the local comune to be eligible for Italian citizenship, and even then, there’s no guarantee you’ll get it.

Marriage does allow a non-Italian spouse to apply for a long-term residency permit (permesso di soggiorno) which would mean they could stay in Italy.

However, having this would not solve all the Brexit-related problems of Brits used to having the rights that come with EU citizenship.

British citizens with residency permits are still expected to face more bureaucracy after a no-deal Brexit – to say nothing of the stress and other issues caused by uncertainty about their rights. 

Needless to say, the only way to fully escape this would be to have citizenship of another EU country.

However, it’s not all bad news:  the long road to getting Italian citizenship is made a little bit shorter by marriage

What does citizenship involve?

Citizenship gives you a lot more rights than residency, including the right to vote, and is consequently harder to obtain.

It was made harder still earlier this year when Matteo Salvini’s “anti-migrant” bill became law, doubling the wait time for applications to be processed and requiring that applicants now pass a language test.

There are broadly three ways to get citizenship: through residency, through marriage, or through having Italian ancestry. Eligibility criteria vary depending on the route.

And marriage won’t mean your Italian spouse gets British citizenship, either. To do so, they’d need to live in the UK with you for three years before applying and following the British citizenship application process.

How does being married help?

The first thing to know is that you can’t apply for citizenship right after the wedding.

The spouse of an Italian can apply for citizenship two years after the marriage if the couple lives in Italy, or three years if they live abroad, and the terms are reduced by half if they have children.

You’ll then wait up to four years – increased from the previous two years by the recently-passed laws – for your application to be processed, with your fingers firmly crossed. 

In the past, applications from spouses were pretty much guaranteed to be accepted. But now, they can be rejected by authorities for any reason.

So how long would it take?

Altogether, the process of obtaining citizenship after marriage will now probably take around 5-7 years, depending on your circumstances.

This is quite a bit shorter than the possible total of ten years now faced by EU nationals applying for citizenship via the long-term residency route, or longer for non-EU nationals using the same route (again the time it takes can vary greatly depending on your circumstances.)

But if you were hoping a quickie marriage to your local barista might solve all your Brexit problems, unfortunately it won't.

Read more on the requirements for citizenship applications here.

What about citizenship of another country?

If you are married to a citizen of another EU country you can apply for citizenship there and then, as an EU national, you will have the right to stay in Italy. Different countries all have their own rules for citizenship. Check out each country's requirements here.

So although being married to an Italian does help, it won't solve all of your residency problems. But least you'll have someone who is contractually obliged to listen to you complain about Italian bureaucracy.

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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