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BREXIT

‘Seek legal advice’: Your advice on applying for Italian visas post-Brexit

Now that Britain is well and truly out of the EU, just how much harder is the process of moving to Italy from the UK after Brexit? British readers share their experiences of applying for visas as 'third country nationals'.

The view from the roof of the Milan's Duomo Cathedral on August 5, 2021. Moving to Italy as a UK citizen has become complicated as a result of Brexit.
Moving to Italy as a UK citizen has become complicated as a result of Brexit - but what exactly should you expect? Photo by MIGUEL MEDINA / AFP.

Freedom of movement between the UK and Italy may be over, but the desire many people have to move between the two countries to live and work remains very much alive.

To learn more about how the process of moving to Italy as a British national has changed in the past couple of years, The Local asked British readers for your experiences of applying for an Italian visa post-Brexit.

The two most common routes explored by those who responded were a spousal visa – for which you need to be married to an Italian citizen – and an elective residency visa, which requires a sizeable passive income.

A spousal visa application is generally regarded to stand a much higher chance of success than the elective residency visa, for obvious reasons – but it isn’t without its challenges, as reader Alex James found.

James was ultimately successful in his application to relocate from London to Terracina, Lazio with his Italian wife, but describes the process, which took five months in total and cost several hundred euros, as “a nightmare”.

READ ALSO: ‘Not just extra paperwork’: What it’s like moving to Italy after Brexit

“Dealing with the office workers, no one seemed to know what they were doing and had a genuine lack of interest in helping you,” he writes.

He singles out officials at the Agenzia delle entrate – Italy’s tax agency, with which all residents are required to register – as being particularly obstructive: “they were so unhelpful and didn’t allow my wife to help translate”.

Those questionnaire respondents who didn’t have Italian spouses instead opted to apply for the elective residency visa.

This option is generally only available to retirees, as you’re not allowed to work when you arrive; and requires a substantial passive income.

You'll need a generous passive income to be granted an elective residency visa in Italy.

You’ll need a generous passive income to be granted an elective residency visa in Italy. Photo by Miguel MEDINA / AFP.

The latter requirement tripped up one anonymous writer who had hoped to move to Veneto, but whose application was denied “due to insufficient income, despite substantial savings.”

The amount of supporting evidence required for the visa is “VERY onerous,” says Jan Bennett, who recently started her application process and hopes to relocate from Staffordshire to Penne, Abruzzo.

“We have to provide evidence of income and assets, to meet a threshold that does not seem to be actually documented anywhere,” she adds.

READ ALSO: Permesso di soggiorno: A complete guide to getting Italy’s residency permit

“So far, it is very complex and stressful as we keep being told different things by different people.”

Julia Hurstfield from Cheshire purchased a home in Umbria with her spouse in May 2022 with a view to moving over with the elective residency visa.

They managed to get an appointment to file their application eight weeks later – but, like our other respondent, were turned down on insufficient income grounds.

The couple then turned to an Italian legal team who believe they do meet the threshold but were mis-assessed the first time around, largely due to the requirement to apply on separate forms despite having joint bank accounts.

READ ALSO: Visas and residency permits: How to move to Italy (and stay here)

They are now making a second application, having already spent £3,000 on legal costs so far. So far, they’ve found the process “frustrating and stressful.”

“The UK and Italian websites do not provide sufficient or detailed information to make this process viable,” Hurstfield says. Her advice for those planning to make an application?

“Seek legal advice and assistance from experienced and specialist lawyers who can assist and fully advise you at the outset.”

“I was a UK lawyer and we fully researched what was required & followed the recommendations but it wasn’t enough,” she adds.

“Spend the money at the outset and pay the lawyers… as always it’s a question of presentation!”

Thanks to everyone who took the time to respond to our survey, including those who are not quoted here.

Have you applied for a visa in order to move from the UK to Italy post-Brexit? How did your experience compare? Please share your thoughts with other readers in the comments section below.

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TRAVEL NEWS

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

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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