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Brexit: Should British second-home owners in Italy take up Italian residency?

Many of our second-home owner readers, who have split their time fairly evenly between Italy and the UK and consider both of them 'home' are having to decide which country to become resident in. And with time running out and a pandemic complicating issues, the decision is not simple.

Brexit: Should British second-home owners in Italy take up Italian residency?
Photo: AFP

Freedom of movement has until now made this sort of flexible lifestyle possible for British people, whether it's a regular 50/50 split of time or more spontaneous decisions to spend several months at a time in one place or the other.

But as the Brexit transition period ends on December 31st, Britons lose their right to freedom of movement and with it the liberty and flexibility to make these sort of choices.

READ ALSO: Italy confirms post-Brexit visa rules for British nationals

Residency must be fixed to one country and from January time limits come into place for the non-resident country.

From January 1st, British visitors to Italy will be treated as Third Country Nationals, in other words non-EU, EEA or Swiss citizens and their passports will likely be stamped with entry and exit dates so that border officials can check that they do not overstay the new limits.

Although it's not clear if a grace period will be allowed at the start of 2021.

After January 1st 2021, British nationals visiting Italy will be subject to the EU's 90-day rule, meaning they don't need a Schengen visa for stays of less than 90 days.

In total over a year you can spend 180 days in the EU, but this must be broken down into two blocks of 90, which rules out spending the summer in Italy and the winter in the UK (or vice versa) which many people like to do.

If they intend to stay beyond that time limit or indeed to work they would need a visa, with Italian authorities announcing recently that applications for post-Brexit visas are open.

So is it best to take up residency in Italy or keep your British residency status?

Of course a lot will depend on your personal circumstances, but here are some things to consider before time runs out.

Photo: AFP

Italian residency

British people who are resident in Italy by December 31st are covered by the Withdrawal Agreement, which gives them broad guarantees that they can remain – find out exactly what it says here. With the right to remain comes to the right to work and have professional qualifications recognised. 

Reasons to do it

If you are registered as a resident in Italy by December 31st 2020, you can apply for a special post-Brexit residency permit which will make you a legal resident with access to healthcare, social security and the right to work.

READ ALSO:  How to register for residency in Italy: A step-by-step guide for Brits

If you are an official resident of Italy there is of course no limit to the amount of time you can spend here. And if you want to return to spend time in the UK you won't be subject to any 90-day rule, which the UK does not impose.

Reasons to think twice

However, it's not as simple as just applying for the residency card and then settling down to enjoy your Italian home. If you are declaring yourself a full-time resident of Italy then with that comes with other responsibilities.

For a start you will need to register in the Italian healthcare system and that requires opening a Italian bank account if you don't already have one.

And then there's taxes.

“Many people are going to have to make difficult decisions in the very near future about where they are going to live for tax purposes and where their primary centre of economic interest lies,” says Ian McMonagle, a tax specialist at Russell & Russell Business Advisers in the UK.

“How can people decide where their centre of economic interest lies?” he says.

So to become resident in Italy would mean declaring your taxes in Italy.

“The waters are further muddied by the fact that many European fiscal jurisdictions have a wide variety of local and regional taxes. Spain, for instance, has some 17 autonomous tax-raising regions,” says McMonagle

 

“As an example, Italian income tax is substantially greater than in the UK, as it pays for an expensive social security system. A British person living in Italy might have a UK company, or UK employer and benefit from lower UK tax rates.

 

“What that person is effectively saying to the Italian authorities is that he is not resident in their country and, as of January 1st, the authorities will be entitled to respond to that situation with a request, or order, for the non-taxpayer to leave.”

Covid-19

The Covid-19 crisis has also added an extra complication to people's decision making.

Lockdowns and travel restrictions in the UK and Italy have essentially kept many second home owners out of Italy in 2020.

The outlook for the first part of 2021 doesn't look too optimistic either as travel restrictions have tightened in recent days.

This may have force many second home owners to make a decision about residency in Italy they had not intended to make.

Are you a second home owner in Italy? Tell us about any problems you are facing in securing your future. Email [email protected]

 

 

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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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