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BREXIT

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

With the fourth - and likely final - Brexit date fast approaching, we look at what preparations people need to make for the UK's planned exit from the European Union.

Brexit countdown: What do Brits in Italy need to do before January 31st?
An anti-Brexit protester in Florence wears a mask with the stars of the EU flag. Photo: AFP
Why is January 31st important?
 
This is the date that is currently set as the exit day for the UK.
 
There have been Brexit deadline days before – three of them in fact – but due to a combination of an agreement with the EU and a parliamentary majority for British Prime Minister Boris Johnson, this one looks likely to actually happen.
 
It's still not a completely nailed-on certainty. Both the UK and European parliaments still need to formally approve the exit. But it does look likely that UK will exit on this date, under the terms of the Withdrawal Agreement.
 
British Prime Minister Boris Johnson now has a strong parliamentary majority. Photo: AFP
 
So what happens on January 31st?

On that date, all UK citizens who do not have dual nationality will lose their EU citizenship.

In practical terms for British people who either live in Italy (full or part-time) or visit frequently, not a lot changes immediately.

If the UK goes out with a deal, a transition period begins and during that period British people will still be free to come to Italy to live and work.

 

In order to make sure that, whatever happens, you are in the best place to secure your rights, during the transition period Brits in Italy need to ensure that they are indeed a legal resident of Italy.

All EU/EEA nationals staying in Italy longer than three months should have applied for a certificato di residenza (residence certificate) at their local Anagrafe (registry office).

Your application must include evidence of employment, study or training in Italy, or proof that you have sufficient economic means to support yourself and any dependants.

Note that under the Withdrawal Agreement applicants will have until six months after the end of the transition period – so June 2021 as things stand to apply for residency.

Find full details of how to apply here.

If you arrive in Italy before the end of the implementation (also known as transition) period, you will be able to register as resident in Italy under the current rules, and will have your right to residence in Italy protected for as long as you remain resident.

Photo: Depositphotos

How long does the transition period last?

At the moment, the transition period ends on December 31st, 2020.

It was originally intended as a two-year period during which the UK and the EU could negotiate their future trading agreement, but repeated Brexit delays from the original date of March 29th 2019 have whittled it down to just 11 months.

There is an option to extend it up to a maximum of two years (so until December 31st 2022 at the latest) but that would need to be agreed by June 2020.

Trade experts say making a deal in just 11 months will be extremely difficult, but British PM Johnson is adamant that he will not ask for an extension (although it's worth pointing out that he also said that about the October 2019 Brexit date).

What happens at the end of the transition period?

At the end of the transition period, whenever it is, the UK then begins trading with the EU on new terms – either under the deal it has agreed during the transition period, or under WTO rules if it has not managed to make a deal.

The end of the transition period also marks the end of freedom of movement for UK nationals.

For people contemplating making the move to Italy, it may be best to do it as soon as possible.

It is still not entirely clear what the requirements will be for British people wanting to make the move after the end of the transition period, but it could be similar to the process that American and Australian citizens already have to go through.

They face much stricter requirements for residency than those offered to British people who are in the country by the end of the transition period, so if it is possible to make the move earlier that may well be the better option.

Photo: Vincenzo Pinto/AFP

What do I need to do now?

The transition period gives British people some breathing space to sort out their affairs but as Italian bureaucracy is not exactly famed for its speed, it would be best not leave everything until the last minute.

The framework of the Withdrawal Agreement gives anyone who is legally resident in Italy before the end of the transition period the right to stay. But of course, being legally resident in Italy is not the same as simply being in the country, so you'll need to have your paperwork in order.

The British Ambassador to Italy, Jill Morris, stated: “Before the UK leaves the EU, if you are a UK national living in Italy and you haven't yet registered officially as a resident, you should do so immediately. You may be able to apply for residency electronically if you have an electronic signature and a PEC address. Your comune's website should have more details as to how to do so.”

READ ALSO: The ultimate guide to getting residency in Italy

“If you are still driving on a UK driving licence, you should exchange your licence for an Italian one before Exit day. If you do not, then you may be required to re-take your test after Exit day.”

“If your UK passport is nearing the end of its validity, you should renew it now. After the UK leaves the EU, your UK passport will need to have at least six months validity remaining to travel to EU countries.”

READ ALSO: How to swap your British driving licence for an Italian one

It will almost certainly be easier to arrange these things during the transition period than as a Third Country National afterwards.

However, as always with Brexit, there are still plenty of unanswered questions.

Most of the existing Italian legislation was passed in relation to a no-deal Brexit, so if the UK exits with a deal, these will need to be revisited.

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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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?

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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