COPY LINK

For members

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.

Published: 25 January 2020 11:16 CET

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.

REMINDER: What the Brexit deal means for Brits in Italy

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.”

“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.”

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.

Member comments

Become a Member to leave a comment.

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 Spain-based group EuroCitizens 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 British In Europe

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 4.7 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.”

SHOW COMMENTS

Url copied to clipboard!