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VISAS

Reader question: Can I stay more than 90 days in Italy due to travel restrictions?

Travel has been heavily restricted around most of the globe for the past year, so are immigration authorities relaxing the rules about how long visitors can stay in Italy?

Published: 25 February 2021 11:29 CET
Updated: 31 March 2021 14:55 CEST
Reader question: Can I stay more than 90 days in Italy due to travel restrictions?
Will Italian authorities go easy on people who overstay in Italy due to the Covid-19 pandemic? Photo: Filippo Monteforte/AFP

Reader question: We are British and travelled to our second home in Italy in December when it was allowed to do so. Since then travel restrictions have been tightened and several of our flights have been cancelled so we have holed up here. But now the 90-day rule is in force will we have to leave by the end of March or has the rule been waived because of the difficulties in travelling?

Many people’s travel plans have been thrown into disarray over the last year. For many that has made trips to Italy impossible, while others have ended up staying longer than they planned.

But however topsy-turvy the world has become, there are still limits on how long certain groups can stay in the country.

For people who are not EU citizens – which from January 1st 2021 includes UK nationals – the 90-day rule comes into play.

You can find an explanation of how it works HERE, but essentially it limits trips into the Schengen zone to 90 days out of every 180. People who want to stay longer than 90 days in every 180 must apply for a visa (find out about the visas available to Brits HERE).

READER QUESTIONS:

So have these limits been waived during the Covid crisis?

The EU has issued some general advice on this, encouraging member states to grant extensions where necessary and waive sanctions on people who have overstayed due to travel restrictions.

“For nationals of visa-waived third-countries who are compelled to stay beyond the extended 90/180 days, the competent national authorities should extend the validity of the authorisations for legal stay, issue a new one or take other appropriate measures that ensure a continued right to stay on their territory,” the European Commission recommends. This includes citizens of the UK, who don’t need a visa to enter Italy for a 90-day tourist visit.

“Overstays due to the temporary travel restrictions should not be taken into account during the processing of future visa applications,” the Commission says.

As ever, though, decisions on border issues remain with national governments within the EU.

Italian authorities have extended out-of-date visas and residence permits several times over the past year to reflect the difficulties of getting immigration paperwork processed during a public health emergency. Under its current emergency rules, expired permessi di soggiorno (residence permits) are valid until April 30th 2021.

But the rules are less clear for people who entered the country without a visa for what was only supposed to be a short stay and therefore do not have immigration papers.

READ ALSO: Why some Britons will have to leave EU countries by March 31st

The Local recently put this question to the British Embassy in Rome, who told us: “Any stays beyond the 90 days in any 180-day period will be dependent on the applicable visas and immigration rules of each EU member state. This may require applying for a visa and/or permit.

“British nationals should direct any queries on possible extensions to their length of stay with the local questura and be prepared to provide any extra documentation that may be required. 

“The Schengen Borders Code governs the rules for entry and exit in the Schengen Area for third-country nationals. Member State border forces are responsible for the implementation of the rules, including in emergency cases.

“The Foreign, Commonwealth & Development Office is not in a position to comment on the enforcement or penalty policies of Schengen Area Member States. However, further information on the Schengen Borders Code is available on the European Commission’s website.  

“British nationals should discuss the specifics of their situation with their local questura (immigration office).”

Q&A: The British Embassy answers your questions about life in Italy after Brexit

If you decide it’s wisest to return to the UK, remember that Italy’s restrictions allow people to travel home if necessary.

While Italian residents are not allowed to visit the UK for tourism, people who live, work or study in the UK can travel there from Italy. The same applies to all non-EU countries on which Italy has travel restrictions.

In order to travel you will need extra paperwork and, depending on your destination country, a negative Covid test. Find more information on the rules HERE. 

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EES PASSPORT CHECKS

EES border checks could undergo ‘soft launch’, UK says as app concerns mount

The UK government is preparing for a "soft launch" of the new EU border system – the Entry/Exit (EES) system - in October but authorities are still waiting for European Commission to confirm the start date, amid concerns over the delay of a new app.

Published: 4 May 2024 09:30 CEST
EES border checks could undergo 'soft launch', UK says as app concerns mount

The government is working on the assumption that the system will go live on October 6th, ministers told a hearing at the House of Commons European scrutiny committee this week.

But the European Commission is expected to confirm the exact launch date of the new biometric checks for non-EU travellers entering the Schengen area at some point this summer, they added.

“We are very much working on a basis whereby this policy will go live on the 6th of October. It is important that we plan for that eventuality. We are expecting to hear definitively from the European Union that ‘go live’ arrangement in the summer,” Tom Pursglove, UK Minister for Legal Migration and the Border told the committee.

The parliamentary committee is conducting an inquiry on the disruptions the system will cause in the UK.

Pursglove also said that “precautionary measures” have been agreed by the EU, that will be put in place in certain circumstances after the start of EES, for example if delays at the borders exceeded a certain length of time.

Guy Opperman, Under-Secretary of State at the Department for Transport, said that in practice this meant a “soft launch” of EES for 6 months before “a full go live”. During that soft launch EU member states and the UK could deploy flexibility measures should problems occur.

“The likelihood is, after multiple delays, that the 6th of October will proceed” and the implementation looks “very different” compared to previous scenarios considering the flexibility allowed in the first 6 months, he argued.

No details were given on what these “flexible” measures would involve however. 

READ ALSO: Your questions answered about Europe’s EES passport checks

He conceded that “a lot of work” still needs to be done but the UK “should be as ready as everybody” and “better be at front of the queue”.

App not ready

During the meeting, it also emerged that a much-anticipated app that would allow remote pre-registration of non-EU citizens subject to the checks will not be available for testing until August “at best”, prompting concerns about the EES launch date.

“You don’t need to be a sceptic about future projects to think that the provision of the app in August for going live in October is optimistic,” Opperman said.

Ministers confirmed that the app will not be ready in time for October and the committee previously stated it might be delayed until summer 2025.

The app will facilitate pre-registration, but photo and fingerprints will still have to be taken at the border in front of a guard, the committee heard.

READ ALSO: How do the EU’s new EES passport checks affect the 90-day rule?

Several MPs asked whether the entry into operation of the EES should be delayed again if technology is not ready. But Under-Secretary Opperman said the app “is not going to be a panacea to fix all problems”.

The main aim of EES is to increase security and to ensure that non-EU nationals visiting the Schengen area for a short-term do not stay more than 90 days in any 180-day period.

The entry into operation of the system has already been delayed several times and there have been calls from certain travel companies and national authorities to delay it again.

Under the new scheme, non-EU/EFTA travellers who do not need a visa will have to register their biometric data (finger prints and facial images) in a database that will also record each time they enter and exit the Schengen area.

Instead of having passports manually stamped, travellers will have to scan them 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 concerns the extra time needed will generate long queues, especially in Dover, Folkestone and St. Pancras station in London, where there are juxtaposed French and UK border checks.

Progress in preparations

Minister Pursglove also updated MPs on ongoing preparations. He said some testing of the system will take place within days, 5 kiosks have been installed at St. Pancras station and are available for testing. “You are beginning to see the physical infrastructure appear,” he said.

Kiosks and extra lanes are also being created at the port Dover and it was agreed with the EU passengers travelling by coach will be checked away from the Eastern dock, where controls usually take place, allowing to gain space. The vehicles will then sealed and drive on the ferries.

MPs also discussed the infrastructure cost linked to the introduction of the EES. Opperman said all EU countries will have to make “huge investments” in their ports. In the UK, he argued, this will help “address problems that have existed for some time”. Because of this “massive investment”, in a few years time “Dover will be totally transformed,” he said.

This article is published in cooperation with Europe Street News.

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