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Can Brits still move to Italy after Brexit day?

For British people already living in Italy, the last three years have been filled with uncertainty over their rights to stay - but what about those still hoping to make the move in future?

Published: 23 January 2020 11:09 CET
Can Brits still move to Italy after Brexit day?
Thinking of selling up and moving to Italy? Here's what you need to know. Photo: AFP

Many British people have been nursing a long-term dream of moving to Italy one day, perhaps as a retirement plan or simply to start a new life in the sun.

But if you haven't made the move by the time the UK leaves the EU on January 31st, have you left it too late?

Let's have a look at the rules for moving countries without the benefit of EU freedom of movement.

Transition period

Assuming that the UK leaves the EU with a deal on January 31st, which at present is looking likely, there then begins a transition period.

This currently runs until December 31st, 2020, although it is possible it could be extended.

Brexit countdown: What do Brits in Italy need to do before January 31st?

During these 11 months, the Withdrawal Agreement states that both British and EU citizens keep the rights that they currently have, including the freedom to move to another EU country.

So not only can you move to Italy during this period, you probably should if it's possible and if that's been your aim of course, because afterwards things are set to get a lot more complicated.

Brits wanting to move to an Italian town like Perugia, Umbria, will need to meet certain criteria after the transition period. Photo: Alberto Pizzoli/AFP

The Withdrawal Agreement provides that British people who are already lawfully resident in an EU country have the right to remain there, and that includes people who move between Brexit day and the end of the transition period.

Many rights will be guaranteed for people who are legally resident in a country before December 31st, 2020 (or later if the transition period is extended).

The phrase “legally resident” is important though. It applies also to people already resident and means that certain criteria – including being financially self-sufficient – must be met.

READ ALSO: The ultimate guide to getting residency in Italy

Be careful to keep all paperwork relating to your arrival date in Italy – you may need it when you come to apply for residency.

UK citizens will still have the right to apply for the certificato di residenza, also referred to sometimes as the attestazione di residenza until the end of December 2020, a British Embassy spokesperson has confirmed.

The old permesso di soggiorno document no longer exists for UK nationals.

After the transition period

Once the transition period ends things get more complicated.

Exactly what the rules will be for people who want to move to Italy after this date we don't yet know – it's one of the many issues that needs to be negotiated during the transition period.

This period was originally scheduled to last for two years, but repeated Brexit delays have whittled it down to just 11 months.

In that time, a whole host of issues relating to citizens' rights need to be be agreed – as well as thrashing out a trade deal. It's an ambitious timetable by anyone's standards.

READ ALSO:

What could happen after the transition period?

As far as what kind of deal that will be agreed, we're really moving into guesswork here, but given the UK wants to end freedom of movement it seems likely that the rules will end up being similar to those already in place for American or Australian people who want to move to Italy.

And there are plenty of them living here, so clearly it's not impossible. It is a lot more complicated though – and expensive.

Photo: AFP

People who don't take up permanent residency are restricted to spending only 90 days out of every 180 in the Schengen zone – something that will have a big impact on British second-home owners in Italy.

People who want to make the move permanently need a visa. 

Most non-EU citizens have to apply for a long-stay visa in their home country before making the move, and have it validated as a residency permit within three months of arriving.

Often visas are linked to work or study, so people who want to move to Italy, live off savings for a while or set up their own business could find themselves being rejected for residency.

Any exceptions?

Once the UK leaves the EU, British people will cease to be EU citizens, with all the rights that go with that.

However there are a couple of ways that British people could still benefit from EU rules. One of these is to become the citizen of an EU country.

Thousands have applied for Italian citizenship, while others have moved to safeguard their EU citizenship by applying for Irish or another EU nationality. Both these routes come with conditions, of course.

The other is to apply as a family member of an EU citizen, for example if you are married or are a dependent child – you can 'piggy back' on their rights. However this is still more complicated than travelling under freedom of movement, and you would still need to apply for residency within 90 days of arriving in the country.

Check out The Local's Brexit section for more details and updates. And if you have questions, please send them to us here and we will do our best to answer them.

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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.

 
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