SHARE
COPY LINK

EUROPE

How will Brexit affect the rights of Brits in Italy? What we know so far

What does the re-election of Boris Johnson's pro-Brexit government in the UK mean for British citizens living in Europe? Citizens' rights group British in Italy breaks down what rights Brits can expect to keep, and which ones they'll lose.

How will Brexit affect the rights of Brits in Italy? What we know so far
Under the Conservatives, the UK is set to exit the EU in early 2020. Photo: Ben Stanstall/AFP

The re-election of the Johnson government with a substantial majority effectively guarantees that the UK will leave the European Union on February 1st next year with an agreement with the EU.

Whatever our personal views about this outcome, the fact that a No-Deal exit is virtually ruled out now is a big relief. The Citizens' Rights part of the Theresa May Withdrawal Agreement remains unaffected by the Johnson renegotiation and will now form the basis upon which those of us living in Italy will continue to do so after January.

REMINDER: What the Brexit deal means for Brits in Italy

Most of us have been so worried about No Deal that we have forgotten the details of the Withdrawal Agreement. In short, from February until the end of December there will be a transition period during which our rights remain largely unchanged.

Unless the transition period is extended (which Johnson has promised he will not ask for), from January 2021 the detailed provisions of Part 2 of the Withdrawal Agreement will come into effect. These preserve most of our EU rights in Italy except for 'freedom of movement' – that is, our current right to move freely around the EU to live, work or study.

The other important right that is not preserved in the Withdrawal Agreement is that of the existing 'family reunion' right to return freely to the UK with our non-British families.

OPINION: 'Nothing can stop Brexit now, we will all feel foreign on February 1st'


Photo: Vincenzo Pinto/AFP

However, those of us who are legally resident here at the end of the transition period will keep our rights in Italy to reside, to work or run a business, our right to healthcare (including the S1 scheme) and social security, to aggregation of pension contributions made in several countries and to the recognition of any professional qualifications for which a recognition decision is made before the end of transition.

British in Italy has pressed for an early announcement by the Italian government on how these rights will be implemented.

READ ALSO: 

Most of the decreto Brexit which was passed earlier this year will not come into effect as it only applied in the case of No Deal. The one exception to this concerns applications for citizenship: the provision of the decreto which entitles UK citizens who have four years' residence at the date of Brexit – as opposed to the ten years required of third-country nationals – and who satisfy the criteria for Italian citizenship to apply at any time before the end of 2020 will still apply. 

However, both affected UK citizens and officials at all levels of the public administration do now urgently need a clear statement on how in practice our Withdrawal Agreement rights are to be protected in this country and what steps we need to take to ensure that we get them. There are less than seven weeks before this new regime comes into force.

Find more information and support from British in Italy on their website or Facebook group.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

BREXIT

Will Brits in Italy face travel problems under new EES passport system?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but will this create more headaches for non-EU nationals who need to prove their Italian residency rights?

Will Brits in Italy face travel problems under new EES passport system?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is possible) the EU’s new Entry & Exit System is an enhanced passport check at external EU borders.

You can find a full explanation of the new system and what it means for travellers HERE.

Those crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities, including facial scan and fingerprinting.

Several groups are exempt from EES, and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

A European Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

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

But there have understandably been questions about how this exemption will work in practice.

Most airports, ports or terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will now have a separate section for those who are exempt from EES.

It appears that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths.

What does this mean for travel between Italy and the UK?

It seems that nothing will therefore change for those who already have to show their Italian residency documents along with their passport when travelling to and from the UK (or another non-EU country) in order to avoid having their passport incorrectly stamped.

UK citizens who were legally resident in Italy before the end of the Brexit transition period are in a somewhat unusual position, as Italy is one of a handful of “declaratory” countries in the EU where getting a post-Brexit residency card (Italy’s is known as the ‘carta di soggiorno‘) was optional, rather than compulsory.

The British government has long recommended that British nationals who were resident in Italy before Brexit should obtain the card as it’s the easiest way to prove residency rights and avoid delays at the border.

In practice, many of Italy’s British residents have since found that the post-Brexit residency card is also necessary in order to complete various bureaucratic procedures within Italy.

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

But will the EES system mean that the card now becomes a de facto requirement when travelling between Italy and the UK?

The British government has not issued any updated guidance on the matter in light of the introduction of EES, and the British Embassy in Rome did not immediately respond to a request for comment from The Local.

Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a ‘carta di soggiorno’ than it is now.

As always, our advice is that getting the card, if you haven’t already, will probably save you a considerable amount of time and trouble, both within Italy and when travelling.

You can find our full Q&A on EES HERE.

SHOW COMMENTS