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UPDATE: How British second home owners can spend more than 90 days in Italy after Brexit

While Brexit is throwing up many complications for British people who live full-time in Italy (or plan to), there is another group who will be impacted by the changes in 2021 - second home owners.

UPDATE: How British second home owners can spend more than 90 days in Italy after Brexit
Photo: AFP

Italy’s food, weather, and attractive house prices help make it the dream holiday home location for many Brits.

Some intend that eventually their second home will become their main residence – often by retiring to Italy – while others just enjoy spending prolonged periods of time in their second home, but want to keep their main home in the UK.

For those people it’s important to note that the 90-day rule will kick in once the Brexit transition period ends on December 31st 2020.

The rule – the same one which has always been in place for all non-EU citizens wanting to spend time in EU countries – states that you can spend 90 out of every 180 days in the EU without needing to get visas or residency.

OPINION: Yes, second-home owners should be furious about the post-Brexit 90-day rule

So people who currently like to spend long, relaxed summers in Italy, or come here to avoid colder winters in the UK, will find that their plans are curtailed by Brexit.

This site has a fuller explanation of how the 90-day rule works, as well as a calculator to allow you to work out your visits.

A few things to note are;

  • The rule allows for 90 days in every 180, so in total in the course of a year you can spend 180 days in Italy, just not all in one go
  • The rule applies to the whole of the EU, so if you spend a whole three months in Italy you can’t then go for a week in Paris within the same 180 day period
  • The clock only stops once you leave the EU and head to a non-EU country (which the UK will be from December 31st 2020).

But are there ways round this to allow for longer trips?

Will you need a visa?

With the 90-day rule in place, the way for non-residents to spend more time in Italy will now be to get a long-stay visa 

After the end of the Brexit transition period, British citizens will require a long-stay visa, Italian authorities have confirmed.
 
“Starting from January 1st 2021, British citizens planning to stay in Italy for more than 90 days (‘long stay’) within 180 days, will be subject to national visa requirements, according to the Italian immigration rules applied to third country nationals,” stated the Italian consulate in London on December 17th.
 
 
The consulate advises visiting the Interior Ministry’s website for more details about the process of applying for a long-stay visa.
 
You can also find out more about the process of obtaining a visa on the EU immigration portal.
 
British citizens coming to Italy for a short stay of less than 90 days (in a 180-day period) will not require a visa, the Italian consulate confirmed.
 
This means that British citizens will therefore not need a Schengen short-stay visa to spend up to 90 days in Italy within a period of 180 days.

Should you get Italian residency?

If you really want to spend long periods in Italy you may be looking at taking up Italian residency.

This is more than simply declaring that you live in Italy. To become resident you will need to apply for a residency permit or permesso di soggiorno – which comes with its own conditions, see more on those here.

However you will also need to become a tax resident in Italy, which means filing annual tax returns with Italian authorities, even if all you income comes from the UK or elsewhere, and registering with the Italian healthcare system (which may not be free.)

These are some of the most commonly-cited reasons for people choosing not to take up Italian residency.

READ ALSO: 

You cannot be a permanent resident of two countries at once, so if you become an Italian resident you have to give up your British residency which has an impact on things like tax and access to the NHS.

Is it possible to slip under the radar?

Many British people have got used to coming and going with minimal paperwork or checks, and without having to keep track of how many days were spent where.

But passport checks are expected to become stricter from the end of this year, not least because British nationals will no longer be able tp use the EU/EEA/CH passport queue.

If you are caught over-staying your allocated 90 days you can end up with an ‘over-stay’ flag on your passport which can make it difficult to enter any other country, not just Italy, and is likely to make any future attempts at getting visas or residency a lot more difficult.

See The Local’s Brexit section for more details and updates.

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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.

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