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OPINION: Brits in Italy aren’t victims of a ‘hostile environment’ but of a bureaucratic system that wasn’t ready for Brexit

Brits living in Italy have found themselves facing pressing and sometimes serious problems after Brexit. They're not looking for loopholes, just workable solutions to a bureaucratic bind, says citizens' rights group Beyond Brexit.

OPINION: Brits in Italy aren't victims of a 'hostile environment' but of a bureaucratic system that wasn't ready for Brexit
Photo by ANDREAS SOLARO / AFP

Thank you very much for giving prominence to the various post-Brexit issues. Sadly, the problem of being “required” to have a residency card for all manner of normal activities – but not having one yet – is still ongoing.

We are in the awkward position of being a new category of third country national. Some call it a special status, but we have another status… as guests in Italy, not special but with obligations just like all other citizens.

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We are very conscious that implementation of the Withdrawal Agreement creates work, at a time when the country is still in the midst of the pandemic. 

We are not looking for “loopholes” or “sneaky” ways to play the system, just workable solutions to address immediate, sometimes serious problems. We do not feel we are victims of a “hostile environment” but of a highly devolved bureaucratic system, that wasn’t ready for us.

The new residency card is not in sight yet and there has been no clear across-the-board communication to indicate that our rights do not depend on it. This is tricky in a society which is used to documenting its residents! There will certainly be fewer headaches all round if we have it.

We understand the technical problems are being resolved and it should be a matter of weeks now before seeing the first cards. But that is for those who have already applied. The message needs to get out to everyone who hasn’t started the process yet.

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In the meantime, we are grateful to the Ministero del Lavoro for providing a workaround (not, by the way, a “cheat” or a “hack” but a legitimate interim measure).

It is important to make it clear also that this is not a general panacea for the myriad of problems arising. It is specifically for registering work contracts, to work around systems requiring residency card details. And unfortunately, even then, it is not working in all cases. News of it is not always getting through or even being accepted.

Understanding of our rights remains patchy, and in our group we hear of new problems every day. They could be serious, such as one employer’s refusal to give a new work contract which may result in loss of residency for that individual. A circular to notaries on March 15th came too late for another who could not complete on a house purchase. Yet another person cannot proceed with her citizenship application.

Being asked to produce a residency document now pervades all aspects of our lives, practically everything that requires a contract and even things that don’t. At the end of transition, all eyes were just on getting in and out of Schengen and which piece of paper to carry. How little we knew.

We in Beyond Brexit, British in Italy, the Embassy, IOM are all working extremely hard to raise awareness, share information, provide support and get speedy solutions for UK nationals covered by the Withdrawal Agreement. 

by Clarissa Killwick, Penelope Phillips McIntyre, Carole-Anne Richards
Co-founders/admins of Beyond Brexit – UK citizens in Italy

Further information on the new residency card for Brits in Italy can be found on the UK government’s website here, on the British in Italy website and Beyond Brexit page.

If you need help applying, you can contact the International Organisation for Migration by emailing [email protected] or calling 800 684 884.

Anyone who faces difficulties in accessing services in Italy is advised to contact the British Embassy via their Living in Italy website.

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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?

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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