SHARE
COPY LINK

PROPERTY

How long will British second-home owners in Italy be able to stay after Brexit?

For the many British people living in Italy Brexit is already complicating their lives - but what about second home owners, or people who simply enjoy extra long holidays in Italy?

How long will British second-home owners in Italy be able to stay after Brexit?
by Sophie Wrixon on Unsplash
Italy has long been a popular second home destination for British people and many of them, especially retirees, spend many months at a time at their property in Italy, while still maintaining a home in the UK.

Britain's membership of the EU has meant there is no limit on how many months of the year they can spend in Italy. But Brexit is set to change that.

Kalba Meadows from British in Europe said: “Make no bones about it. Brexit will change the life, and the lifestyle, of anyone with a second home in an EU27 country or who spends more than three months at a time in an EU27 country.”

At present we are in a transition period, and people can continue to move freely (allowing for coronavirus-related border restrictions) until that ends.

The transition period is currently agreed to run until December 31st, 2020 (although it may be extended if both sides agree before July 2020) and during that time the EU and UK will negotiate on what the rules for the future will be – in between attempting to negotiate a trade deal and many other aspects of the future relationship.

So everything stays as it is for the next six months, but after that we don't know what will happen.

READ ALSO:

This is one of the things still to be negotiated, but it seems likely that the rule will follow one of the models that currently exists for visits between non-EU countries.

Michael Harris from the campaign group Eurocitizens told The Local: “If freedom of movement for EU/UK citizens is not provided for in the future relationship agreement, which seems highly likely at the moment, Britons who do not fall under the scope of the Withdrawal Agreement because they are not resident in the EU will probably be subject to a rolling restriction of 90 days in any 180-day period within the Schengen Zone,” he said.

At present, the majority of EU countries operate the 90-day rule for people who do not have residency or a work or study visa.

Americans, Australians, Indians and other non-EU nationals in Italy will already be familiar with the 90-day rule – people who are not resident here can spend up to 90 days out of every 180 in the EU (with or without a visa depending on the country you are visiting from) but after that must either apply for residency or a work or study visa.

READ ALSO: The ultimate guide to getting residency in Italy

Over a year you could spend 180 days in total in Italy but not consecutively, you would have to spend time outside the EU (such as back in the UK) in between.

You can do your 90 days as one block or as several shorter trips, but in every 180 days the total number of days must not exceed 90.

It's worth pointing out that the 90-day rule applies to the total number of days for all countries in the Schengen area. So it's no good spending 89 days in Italy then popping over the border to France or Switzerland for a few days: the 90-day clock will only stop ticking once you leave the EU.

The group Eurocitizens provides an example from Spain of what could happen if these rules are brought in for British second home owners after Brexit.

“Sarah and Paul used to go to their villa in Alicante every Easter from mid-March and stay until the middle of October. Now they can only go from mid-March to mid-June and then they can go back from mid-September for another three months. However, any other time that they spend elsewhere in the Schengen Zone (for business or pleasure) will reduce the length of time that they will be able to stay in Spain.”

The EU offers this Schengen Area calculator to allow you to calculate your stay.

It's possible that the UK will seek to negotiate longer access to EU countries such as Italy for its citizens, but any such arrangement would have to be reciprocal and given the UK's hard line on freedom of movement in negotiations to date that may well not happen.

Michael Harris from Eurocitizens says: “On the Freedom of Movement issue in current EU/UK negotiations, it seems that the UK is not in favour of this being included in any future agreement. A recent European Parliament resolution urged the EU and the UK to strive towards a high level of mobility rights in the future agreement and regrets the fact that the UK has so far shown little ambition with regard to citizens' mobility, which the UK and its citizens have benefitted from in the past.”

Either way, it remains TBC despite several campaigns to allow a 180 day rule that doesn't require people to divide their 180 days into two portions of 90 (so that people could, for example, spend the summer in Italy and the winter in the UK).

So what happens if you overstay your allowed 90-day period in Italy?

Well there are strict rules on visa overstaying, but until now some countries have been more rigorous than others in how they apply them.

Overstaying your welcome can in one of the worst case scenarios result in a fine or deportation. You may also find that your passport gains an 'illegal immigrant' or 'illegal overstay' stamp which is likely to make it very hard for you to re-enter the country (or potentially other countries) at a later date.

But this will all likely become clearer in the coming months.

Check out The Local's Brexit section for more details and updates.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
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.

SHOW COMMENTS