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BUREAUCRACY

Brexit meets Italian bureaucracy: How to deal with the ultimate paperwork nightmare

Brexit might have become reality, but Brits shouldn't experience any changes to their rights in Europe until the end of the year. Although some Italian officials might try to tell you otherwise.

Brexit meets Italian bureaucracy: How to deal with the ultimate paperwork nightmare
Getting your paperwork done in Italy is rarely straightforward at the best of times. Photo: AFP

British citizens living in Italy keep their right to freedom of movement in the EU until the end of the year – during the so-called “transition period”.

READ ALSO: How to beat (or just survive) bureaucracy in Italy: the essential pieces of paperwork

 
That period lasts until December 31st 2020 – unless it is extended on agreement by both Brussels and London. Until then, not much changes regarding the rights of Brits living in Italy.
 
But when attempting to file paperwork with government offices recently, UK nationals living in Italy have reported running into problems with some Italian offficials providing incorrect information.
 

Photo: AFP

British readers have told The Local of problems with officials insisting they are now subject to new requirements, or asking for documents that simply don't exist.

The most alarming example we've heard so far of an official getting their facts wrong was from a reader in Calabria, who reported being (wrongly) told in early January that she was now a third-country national and had to reapply for residency under different rules.

“For some reason this guy thought we'd left the EU on January 1st and he apparently had no concept of the transition period,” she told The Local. “I was very flustered trying to correct him in Italian, and he wasn't having it. I had to go back later with an Italian friend, and luckily we spoke to a different clerk.”

Of course, the transition period means nothing has yet changed regarding residency rights.

UK citizens also still have the right to move to Italy (or any other European country) during this time, and they will still have the right to apply for the certificato di residenza, also referred to sometimes as the attestazione di residenza, until the end of December 2020, a British Embassy spokesperson has confirmed.

This will either take the form oof an attestazione di iscrizione anagrafica, for temporary residents, or the attestazione di soggiorno permanente cittadini UE, for permanent residents (more than five years residency)

These documents are given to EU nationals by the Comune. The old permesso di soggiorno document no longer exists for UK nationals.

READ ALSO: The ultimate guide to getting residency in Italy

After that, things are less clear. Brits are being advised to get their Italian residency paperwork in order and exchange their driving licenses before the end of the year.

Although some readers have encountered issues doing this, too.

“My partner just went to exchange his driving license for an Italian one and they wanted the paper part of the UK license which is of course now obsolete. At a bit of a loss as to how to tackle this,” commented one British reader in Piedmont.

Italian officials are famous for each interpreting rules in their own way, meaning that the same bureaucratic process can vary quite a bit from one town to another – and some strange requests can be made at times.

But rest assured that the paper part of the old UK license is not officially a requirement when swapping your British license for an Italian one. If you're having trouble exchanging your license, local driving schools can usually help you with the process.

READ ALSO: What Brexit means for British drivers in Italy

And, at least before the end of December 2020, there will be no changes to the rules on driving licences.

Even some routine admin tasks have now become more difficult because of Brexit confusion.

“I went to register a change of address as I have recently moved to a new apartment, and the official said I might need a different form this time because the UK is no longer in the Schengen zone,” said Louise Fallon, who has lived in Italy for six years.

“I pointed out that the UK is not and never has been part of the Schengen area, but she seemed to think that was what Brexit was. I got what I needed in the end, but it wasn't very reassuring.”

READ ALSO: How the rules for Italian citizenship changed for Brits on Brexit day

No doubt Brexit-related legislation is a confusing topic for many people. But what are you supposed to do when even the bureaucrats aren't clear about what the rules are?

“Anyone who experiences problems accessing their rights “on the ground” should refer to the Italian government's website,” said a spokesperson for campaign group British in Italy, “which makes it clear that freedom of movement rights continue during transition.”

You can find the specific section on rights under the Withdrawal Agreement here (in Italian.)

“There is also the option of using the British Embassy's consular contact form if significant problems are experienced,” British in Italy said.

“We hope that the Italian government will be communicating at regional and local level over the weeks and months to come.”

Do you have any questions about life in Italy after Brexit, or have you experienced any similar difficulties with Italian bureaucracy yourself? Get in touch and let us know.

Photo: AFP

Member comments

  1. A bit confusing, all this. This article states: ‘Of course, the transition period means nothing has yet changed regarding residency rights.’ But The Local’s recent article ‘How the rules for Italian citizenship change for Brits on Brexit day’ [31 Jan] stated: ‘While many people may have thought the terms for Italian citizenship applications based on residency would remain the same after Brexit day, at least during the transition period, British Embassy officials have confirmed that this is not the case.’ They can’t both be true.

  2. ASL called Earlier this week to say our tessera was no longer valid post brexit and we needed an S1. Explained to her we were in a transition period and nothing changes until end of December. Asl person insists “ significa niente”. I repeated we don’t need an S1 as we have the PR, with more than 5 years residence and our tessera is on this basis, that Italy is the competent government for this and as uk citizens protected under the withdrawal agreement we can continue to receive our healthcare this year as nothing changes until next December, that the ASL has copies of our PR certificates and our tessera remains valid. She trots off to speak to her manager then comes back and confirms I am correct. Then says goodbye. No apologies no explanation… And so it begins.

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For members

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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