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Setting the record straight: What post-Brexit rights do Brits have in Italy?

Citizens' rights groups in Italy have moved to set the record straight regarding the rights of British citizens in the country post-Brexit following numerous divisive and simplistic reports in the British media.

Setting the record straight: What post-Brexit rights do Brits have in Italy?
Photo: John Thys/AFP

“British in Italy found profoundly depressing the recent spate of copycat articles in the pro-Brexit British press about problems experienced by UK nationals in the EU,” read a statement from the citizens rights group British in Italy.

The articles, which included ones published in the pro-Brexit newspapers the Daily Mail and the Sun, were accused of being factually wrong as well as confusing British citizens living in the EU with British tourists or second-home owners.

“The quality of journalism in these articles was very poor with errors including confusing the position of those who are protected by the EU/UK Withdrawal Agreement with that of tourists or illegal stayers, and multiple errors about our rights,” British in Italy said.

“The theme of the articles is best summed up by the Sun’s headline saying that these problems were the result of “Brexit revenge rules” introduced by various EU governments. 

“As we pointed out in our letter to the Sun (which of course they never published) “Italy has been slow to update its public computer systems …. and slow to issue the card which proves that we are resident, and these failures have led to some people losing work, being unable to buy or rent a home or get benefits. 

“This has caused them devastating problems which British in Italy is campaigning to get sorted, but none of it is “Brexit revenge” and nobody who knows Italy or Italians would dream of calling it that.”

READ ALSO: 

The same sentiments were echoed by Clarissa Killwick from the group Beyond Brexit – British citizens in Italy, who said: “Unfortunately, in some of the UK press, unrelated bureaucratic problems in Italy got “hijacked”, sharing the same, sometimes inflammatory, headlines. It is important to keep things in proportion. 

“In our group, which provides support and information on post-Brexit citizens’ rights issues, yes, we are still having problems reported almost on a daily basis. To add balance though, many individuals are managing to resolve difficulties, with say a house purchase, renewing a health card or getting a work contract.”

“Whilst some carta di soggiorno residency cards have now been issued, there remain delays because of technical issues with fingerprinting and lead times for getting appointments.

“It must also be said, hats off to the staff in the immigration offices all round the country for their patience and helpfulness that many of our members are reporting.”

Following the coverage and subsequent confusion, British in Italy gave the following information to set the record straight regarding the rights of British citizens in the country:

  • Those who were resident in Italy (or frontier working) before December 31st 2020 are protected by the Withdrawal Agreement.
  • This means that they retain all their old EU citizen rights in Italy other than the right to vote and the right to apply after 31/12/20 for a qualification to be recognised. Outside Italy we have lost EU freedom of movement and some other rights to initiate activity in the EU institutions.
  • It is not just those with permanent residence (soggiorno permanente) that have retained these rights.  Anyone who was resident at 31st December and continues to be so thereafter has them. Permanent residence is a status which we are entitled to after 5 years residence: this was true before December 31st and remains true now under the Withdrawal Agreement. The rights of permanent residents are in some respects better than those of people with less than 5 years residence.
  • Being obliged to register as resident is nothing new and has nothing to do with Brexit. In Italy everyone, whether Italian national, EU citizen or extracomunitario, is obliged to register their residence.
  • Italy is in the process of issuing a carta di soggiorno to those of us covered by the Withdrawal Agreement.  It is not obligatory but British in Italy is strongly advising people to apply for it, as it is the best proof of our status when we are asked by any official for a ‘documento’.
  • None of this is to be confused with the situation of those who arrived in Italy after December 31st, or were not regularly resident at that date. Like all other non-EU citizens they are subject to the Schengen visa rule that they can only visit for up to 90 days in any period of 180, unless of course they have a visa to work, settle, study etc.

Anyone in Italy who needs help regarding their rights post-Brexit is advised to contact the British Embassy via their Living in Italy website

You can also contact the International Organisation for Migration by emailing [email protected] or calling 800 684 884.

Find more information on the British in Italy website and Beyond Brexit page.

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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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