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Reader question: Why do I now have to register British visitors with the police in Italy?

After an update to the UK government's advice, there is some confusion over the rules on registering guests with the Italian police. Are these requirements new - and are they because of Brexit?

Reader question: Why do I now have to register British visitors with the police in Italy?
Photo: Filippo Monteforte/AFP

QUESTION: Is it true that we now have to register any visitors from the UK who stay with us at our house in Italy? Is this a new Brexit rule or is it Covid-related?

There were some raised eyebrows this week after an update to the UK government’s advice for British nationals living in Italy warned they must declare guests from the UK to the local police:

“If you host a UK national (or any non-EU national) as a guest, you must inform your local immigration office (questura) within 48 hours after they arrive at your property. You could be fined if you fail to comply with this Italian immigration law,” the government website states.

In fact, this is not new – it’s a rule Italy has had in place for a long time for all non-EU nationals.

Brits now join Americans, Australians, and anyone else not from an EU member state or the Schengen travel zone in being legally required to declare their presence in Italy to the local police – even if they’re only here for a brief visit.

While these rules have been in place for years, they’re not well known and, as a result, not always well followed. Foreigners resident in Italy (and many Italians themselves) are often surprised to hear that this is a requirement.

“Foreigners who stay in Italy for visits, business, tourism or study for periods of less than three months are not required to apply for a residence permit,” the Italian police website states. “Instead, they must report their presence in the country.”

Of course anyone who already has a residence permit in Italy, and is therefore already registered with the Italian police, is not subject to this rule.

Anyone who stays for longer than three months must apply for a residence permit.

READ ALSO: Can Brits stay more than 90 days in the EU if they have a European spouse?

While the British government advises people living in Italy to register guests with the questura, there is some confusion about the rules as the Italian police website appears to say that it’s enough for arrivals to get a passport stamp at the Italian border.

Those arriving in Italy from non-Schengen countries “can report their presence to the border authorities and obtain a Schengen stamp in their travel document on the day of arrival. This stamp is considered the equivalent of the declaration of presence,” according to the Italian police website.

There is also the option to “report their presence to the local Questura (central police station in the province) filling out the relevant form (dichiarazione di presenza), within 8 days of their arrival.”

For filing the form with the questura, the process can vary significantly from one province to another. You will need to contact your local office for further details of how to do this.

The Local has requested clarification on the rules from the British Embassy in Rome.

If you’re staying in a hotel however, the registration procedure will be taken care of for you.

“For those staying in hotels or other reception facilities the registration form submitted to the hotel management upon check-in, signed by the foreign guest on arrival, constitutes the declaration of presence. The hotel will provide a copy of this form to the foreign guest who can show it to police officers, if requested,” the police website states.

It’s also worth noting that the Italian rule applies depending on your nationality, rather than the country you travelled to Italy from.

Brits are only being informed about this requirement now because it did not apply when they were classed as citizens of an EU country.

As the Italian police website explains: “EU citizens who intend to stay for less than three months are not subject to the obligation of reporting their presence or to any other formalities.”

Italy is one of several European countries with similar registration requirements for visitors from third countries, as the EU’s Your Europe portal explains in its advice for UK nationals:

“Some EU countries require you to report your presence to the relevant authorities (often the town hall or local police station) within a reasonable period of time after arrival and may impose a penalty, such as a fine if you fail to do so,” it states.

“All you need to report your presence as EU national is your identity card or passport; if you are accompanied by family members who are not EU nationals, they will need a passport. You should not have to pay any fees. If you are staying in a hotel, it is usually enough to fill in a special form – the hotel will take care of the rest.”

Member comments

  1. We are non-resident Brits visiting our house in the Provincia di Terni (Umbria) and when we went to the Questura to ask about providing a dichiarazione di presenza we were met with blank looks and simply urged to consider applying for a permesso di soggiorno. This we are reluctant to do because of issues around being able to drive our UK car here and intricacies of dual UK-Italian residency that have foxed me. They implied that if the Comune knows we have a house here then the Questura aren’t really interested in our comings and goings. I’d be interested in others’ experience.

  2. Note that there is ALSO a requirement for people hosting non-EU guests to declare this to the questura. This must be done within 48 hours

    This separate from (and in addition to) the travellers needing to declare their presence

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TRAVEL NEWS

Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A 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.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear 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. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. 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 residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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