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BREXIT

How long do Brits in Italy have to wait to apply for citizenship via residency?

British nationals who were resident in Italy before the end of 2021 have kept some pre-Brexit rights. But does this extend to applications for citizenship through residency?

Published: 26 September 2023 14:42 CEST
Updated: 11 October 2023 10:17 CEST
How long do Brits in Italy have to wait to apply for citizenship via residency?
Italian and EU flags at the Villa Doria Pamphili in Rome. (Photo by Tiziana FABI / AFP)

Question: “I have been able to remain resident in Italy under the post-Brexit Withdrawal Agreement. But does that make any difference to our status when it comes to Italian citizenship applications via residency? How long do we have to wait before applying if we moved here before Brexit – does the EU or non-EU timeframe apply?”

UK nationals living abroad have faced years of uncertainty and confusion about how Britain’s exit from the European Union would affect their rights and status in their adopted countries and how these changes would affect their long-held plans for life abroad.

At this point, the major questions have been resolved: British nationals who moved to Italy before December 31st 2020 have their residency rights protected under article 50 of the Withdrawal Agreement (WA), and, for the many situations in which Italian bureaucracy demands all third-country nationals must produce a residency permit (permesso di soggiorno), we have the post-Brexit carta di soggiorno to fill the gap.

But there are some situations in which the rules may remain unclear, and the timeframe for eligibility for Italian citizenship via residency is one of them.

READ ALSO: The three ways to apply for Italian citizenship

EU nationals can apply for citizenship via the naturalisation route after just four years of legal residency in Italy, while non-EU nationals must wait a decade before they become eligible to apply. 

Sadly for anyone who moved to Italy as an EU national before later losing that status, the terms of the WA don’t make a difference in this scenario.

“Unfortunately, any British citizens applying for Italian citizenship post Brexit need to demonstrate 10 years of legal residence and not 4 years as before (as EU nationals),” confirms citizenship lawyer Aleksandra Broom at the Rome-based firm Oliver & Partners.

As The Local reported back in 2020, British nationals became subject to the non-EU requirements for citizenship applications as of the Brexit deadline.

This was due to the fact that citizenship rules are set by each national government and were therefore not subject to the provisions under the EU-wide WA.

Is there a quicker way to apply for Italian citizenship?

While the minimum waiting period for most non-EU nationals hoping to apply for citizenship by naturalisation is ten years, there are some limited exceptions to this rule, including that:

  • Residents who have an Italian parent or grandparent can cut the waiting time to three years.
  • People born in Italy to foreign parents can apply after three years’ legal residency as an adult.

Italy’s laws around naturalisation are complex and eligibility depends on your personal circumstances, so if you think one of these exceptions may apply to you it’s advisable to consult a legal professional.

READ ALSO: What are the benefits of having Italian citizenship vs residency?

Some people may find they are instead eligible for Italian citizenship via marriage, which you can currently apply for after two years of legal residency in Italy; or citizenship via ancestry, without necessarily having lived in Italy at all. Find out more about these options in this separate article.

If other routes aren’t open to you, and your only option is to wait ten years before applying for citizenship via residency, prepare in advance and ensure you’ve got your paperwork ready to go when the time comes: many who apply for Italian citizenship find that gathering the required documentation – including passing a language test – can take several months, or longer, depending on how much time you’re able to devote to the process.

Once you’ve applied, the Italian government has up to three years to approve or deny your request. However, citizenship experts report that there have been cases in which it took as little as one year.

See more information in The Local’s Italian citizenship section.

Do you have a question we may be able to answer? Get in touch and let us know.

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For members

EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

Published: 7 May 2024 10:29 CEST
How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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