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Are Italy’s British residents still getting their passports stamped?

UK residents of Italy protected under the Withdrawal Agreement reported having their passports wrongly stamped at border checks following Brexit. Has that issue now been cleared up, or are some Brits still experiencing issues?

Published: 22 May 2024 15:53 CEST
Updated: 23 May 2024 09:08 CEST

Are Italy's British residents still getting their passports stamped?

Are British citizens resident in Italy still wrongly having their passports stamped? Photo by Annie Spratt on Unsplash

In the months after the Brexit Withdrawal Agreement was finalised, many UK citizens in Italy with permanent Italian residency reported having their passports wrongly stamped on leaving and entering Italy.

Italy is one of a handful of “declaratory” countries in the EU where getting a post-Brexit residency card was optional, rather than compulsory, though UK authorities advised obtaining the card as “evidence of your rights”.

The lack of clarity caused widespread confusion, with many Italian officials wrongly insisting that the carta di soggiorno elettronica was the only valid proof of pre-Brexit Italian residency.

Meanwhile, many travellers initially reported that border officials in Italy were not clear on the purpose of the card and had stamped their passports regardless – leading to concerns about erroneous stamps causing problems on future trips.

The issue appears to have been largely resolved for British citizens who finally gave in and applied for the document, with most cardholders saying they no longer have issues with their passports being stamped at the country’s major airports.

However, some UK nationals resident in Italy say they’re still wrongly having their passports stamped at smaller airports in Italy, especially when travelling alongside large groups of British holidaymakers.

And others report routinely having their passport stamped when entering the Schengen zone via a different EU member state to that of Italy – for example, when travelling by car from the UK via France.

UK national David Prince commented in response to a recent article on passport stamping that a border official had stamped his passport on arriving in Calais, despite his presenting an Italian residency permit.

“When I asked why he simply said “Article 50,” Prince said, “which I knew was rubbish but I couldn’t be bothered to argue.”

According to European Commission rules in place since 2022, Schengen border agents have been told that they shouldn’t stamp the passports of anyone with a valid EU residence permit – but there’s no EU law stopping them from doing so.

Even if your passport is stamped, it doesn’t carry any official weight.

“The Commission recommends – notably as regards beneficiaries of the Withdrawal Agreement – that Member State border guards refrain from stamping,” the rules say.

“In any case, should stamping nevertheless take place, such stamp cannot affect the length of the authorised long-term stay.”

If you arrive at any Schengen border, it’s advisable to hand over your passport already opened to the photo page, with your residency card on top, and say that you’re resident in Italy.

If you’re at an Italian border checkpoint, you might want to say ‘sono residente in Italia’ – I’m an Italian resident – and be prepared to answer questions about your reasons for being in Italy.

One additional source of confusion for some residents has been the difference between a carta d’identità and a carta di soggiorno.

The carta di soggiorno elettronica is the post-Brexit residency card which proves your status as a legal resident in Italy, wheres a carta d’identità is simply your Italian ID card.

The ID card is valid for ten years, but that doesn’t automatically give you the right to stay in Italy for all that time. Some non-EU citizens on certain visas might have a ten-year ID card, but a one-year Italian residency permit.

For that reason, your Italian ID card isn’t considered proof of your right to be in the country; as a British citizen resident in Italy and covered under the Withdrawal Agreement, you’ll need to show your carta di soggiorno elettronica to a border agent to stand the best chance of avoiding having your passport stamped.

Member comments

Anonymous - 30 May 2024 at 16:57 CEST

I’m a pre-Brexit UK resident in Italy. I applied for the permesso di soggiorno in September last year in Perugia. It was finally ready in May…and they got my name wrong. Now I have to start the whole process again. The price you pay for living in Italy.

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INTERVIEW: 'A lot of people think Brexit is done, but it's not for Brits in Europe'

In the early days of 2021, after the United Kingdom had left the EU and completed the final stage of Brexit, many British citizens returned to their home countries in Europe only to face a grilling at the border.

Though the Withdrawal Agreement (WA) technically guaranteed their right to live and work in the countries they’d settled in before Brexit, there was widespread confusion about these fundamental rights and many were treated like new arrivals.

Over time, the chaos at the airports subsided as border officials and airlines were given clearer guidance on the treatment of Brits. But three years later, a number of Brits who live on the continent still face problems when it comes to proving their post-Brexit rights.

This was the reason campaign group British in Europe decided to set up their new EU-funded ICE project. Starting this year in March, it aims to build valuable connections between UK citizens abroad and mentor the next generation of civil rights advocates around the continent. The acronym stands for ‘Inform, Empower, Connect’ and the project’s organisers describe it as “the first project of its kind”.

“It’s a completely innovative project – especially the fact that it’s across so many countries,” Jane Golding, chair of British in Europe and one of the project’s founders, told The Local.

Bringing together groups from 11 EU member states, the project aims to train up volunteers to understand both the Withdrawal Agreement and EU Charter of Fundamental Rights, as well as learning skills like advocacy and communication, using real-life civil rights cases that are referred to British in Europe.

“The ultimate goal is to amplify the messages across the wider group,” said Golding. “You start with the volunteers, they go back to their groups, then the people that we train, they go back and train people. Then they pass on that knowledge to the wider groups, on their Facebook accounts and through social media, and hopefully it all snowballs, not just in their countries but across the EU.”

‘Far-reaching repercussions’

So many years after Brexit, it’s hard to believe that there’s still a need for a project like ICE that empowers Brits to protect their rights. Indeed, the future of groups like British in Europe and regional groups like British in Germany and British in Spain felt uncertain just a year or two ago.

But Golding says there are still serious issues cropping up for Brits in several countries around Europe – they just have a different quality to the problems that arose at the start.

“In some ways it’s needed even more because as we predicted right at the beginning, at the first stage of implementation, you’ve got the more routine cases,” she explained.

“What we’re seeing now is not as many cases, but when the cases come up, they’re complex. They can have such far-reaching repercussions on people’s lives. And of course, memories start to fade. A lot of people think Brexit is already done, but it’s not.”

Volunteers in British in Europe ICE project

The volunteers of the British in Europe ICE project pose for a photo at the kick-off meeting in Brussels on May 21st, 2024. Photo courtesy of Jane Golding

Though the rights set out in the Withdrawal Agreement apply across the continent, different countries have taken different approaches to implementing them.

That means that while in Germany, for example, UK citizens simply had to declare that they lived in the country, people in neighbouring Denmark had to apply for their rights.

This led to a notorious situation in Denmark in which as many as 2,000 Brits were threatened with deportation after not applying in time or completing the right application process. According to Golding, this had a lot to do with the fact that people who arrived in 2020 weren’t given the same information as other UK migrants who arrived before.

In Sweden, meanwhile, the situation is still difficult for many Brits who lived there prior to Brexit.

“There have been issues with an anomalously high numbers of refusals compared to other countries, and they seem to be taking a very strict approach on late applications,” Golding explained.

Portugal has been another difficult case. Although the country opted for a declaratory system where Brits could simply exchange old residence documents for a new ID card after Brexit, reports suggest that the authorities have taken years to issue these cards, leaving many of the some 34,000 Brits in the country in limbo.

“While people are still waiting to have their status confirmed and have their card in their hand, it’s difficult to access a whole range of services, like health services, or applying for jobs or dealing with the authorities, or even going to the bank,” Golding said. “All of these problems just affect people’s lives.”

A French border guard checks a passport at the border

A French border guard checks a passport at the border. Photo by DENIS CHARLET / AFP

There are also concerns about the EU’s new exit and entry system (EES), due to come into force in October, which is based on biometric documentation.

“We still do not have clear data on how many people in declaratory countries like Germany, where it wasn’t compulsory to apply for the card, don’t actually have a card,” Golding said. “How is that going to play out if it’s a document-based digitalised system?”

A lack of support

In the immediate aftermath of Brexit, funding from the UK’s Foreign, Commonwealth and Development Office (FCDO) was still available to support NGOs in Europe helping Brits with their migration and civil rights issues. But that temporary funding soon expired, leaving groups like British in Europe largely on their own.

“The whole point is people’s lives change at very different paces,” Golding said. “And now this project is really going to start to pick up some of those cases and report on those issues, which is really crucial and exciting for the precedent that it sets, and it’s very clearly necessary still, because people don’t just sort their lives in the 18 months that the FCDO chose to supply that funding.”

This feeling of being left alone and increasingly isolated from the UK is one that many Brits in Europe have felt in the aftermath of Brexit. But the upcoming UK election on July 4th could be a game-changer.

This time, following a change in the law, Brits who have lived abroad for more than 15 years will be able to vote for the first time.

Polling station in the UK

A polling station in the UK. Photo by Elliott Stallion on Unsplash

When it comes to the election, the message from British in Europe is clear: “Make your voice count now, make your vote count, make sure you use it,” Golding said.

With the June 18th registration deadline fast approaching, BiE is advising UK citizens abroad to apply for a proxy vote as soon as possible, rather than relying on a postal vote from abroad. Since the 15-year rule was abolished on January 16th, more than 100,000 British citizens have registered to vote, according to official statistics. It is unclear how many were registered before the change in the law.

With an estimated 5.5 million Brits currently living abroad – 1.3 million of whom are in the EU – this could have a significant impact on the electoral landscape, Golding says. But most significantly, the change is creating a feeling of connection and belonging that wasn’t there before.

Nurturing this sense of belonging is one of the main goals of ICE.

With these bridges being built, British in Europe hopes to create a network of support that spans across borders.

“Now we’ve met. We’re going to meet,” said Golding. “We know we’re going to meet again in Berlin in October and then we’ll meet again in the new year in 2025 as well. It means a huge amount because even British in Europe, our steering team, we’ve only met physically three times.”

This opens up the possibility of people sharing their knowledge from country to country, Golding explained.

“There is crossover and the reassurance of having that EU wide view and knowing that you’re not alone and knowing that in this country, we managed to get this solution,” she said. “And then you can go back and say to the authorities in your country, well, in that country they did that – all of that helps. It’s really good.”

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