New Brexit requirements for UK nationals working in Italy

The Italian government provided an update regarding Brexit

Who will be affected?

UK citizens/resident who need to travel, live and work in Italy.

Background

New regulations according to Brexit were issued.

Impact

UK citizens/resident who are supposed to move or are already in Italy.

Implementation

On 16 December 2020 the Italian government issued a vademecum for UK citizens already on the Italian soil.

Starting from 01 January 2021, UK citizens officially residing in Italy by 31 December 2020 and family members accompanying or joining them even after this date, will be entitled to apply for an electronic document at the local police department of residency, according to art. 18 clause 4 of the Withdrawal agreement. The new electronic document will allow them to exercise the rights established by the Withdrawal agreement.

The electronic residence document is valid for 5 years (long-stay permit) or 10 years (permanent long stay permit) if the right of permanent residence has been acquired on the basis of legal and uninterrupted residence in Italy for 5 years, including the periods of stay before or after 31 December 2020.

UK citizens and family members (with official proof of the family bond) must firstly obtain a registration (attestazione di iscrizione anagrafica)/residency certificate by the local town hall in the city where they are officially resident, indicating the date of residency by 31 December 2020. The certificate can be obtained also after this date, but the registration must take place by 31 December 2020. Once the residency certificate has been obtained, starting from 01 January 2021, UK citizens must submit the application of the electronic document at the local police department and complete the entire procedure to obtain the final certificate.

From 01 January 2021, British students registered as resident at the local town hall by 31 December 2020, in order to stay in Italy will have to apply at the local post office, for the new electronic document within 8 working days starting from 01 January 2021. The electronic permit in this case will last one year and can be renewed until the end of the course of study if all the necessary documentation is provided (adequate financial resources for the duration of stay, health and accident insurance, University documentation…).

From 01 January 2021 frontier workers showing documentation proving that they are carrying out an economic activity in Italy according to art 45 or 49 of TFEU before 31 December 2020, can be entitled to apply for the electronic document for 5 years at the local police department where the place of work is located.

UK citizens who are not registered at the town hall by 31 December 2020 won’t be subject to the benefits of the Withdrawal agreement and will be considered as citizens of third countries.

In case the UK citizen changes residence before having obtained the electronic document, it is necessary to demonstrate the residency registration by 31 December 2020. If the change of residence took place before the application of the registration certificate, the UK national must apply for the registration certificate at the local town hall where he moves and go to the local police department. If the change of residence took place after the UK citizen has obtained the registration certificate by the town hall of the previous registration certificate, he must apply for the electronic document to the police department of the new residence place submitting an updated certificate.

In order to be entitled to enter Italy after 01 January 2021, Uk citizens must bring Eu electronic document or attestazione di soggiorno as well as the passport with 6 months validity.

Reference laws:

  • Withdrawal agreement: art. 18, clause 4
  • Directive 2004/38/CE: art. 25
  • Decision: art. 1 et seq. of the Commission Implementing Decision (2000) 1114 final

Accordingly to the Uk government, from 1 January 2021 Uk citizens will be entitled to enter Schengen countries up to 90 days in any 180-day period without a visa for purposes such as tourism/business. This is a rolling 180-day period.

To stay for longer period or for different reasons (work,study, family), you will need to meet the entry requirements set out by the Italian government that are still not defined.

Next Steps (or) Actions Required

UK citizens/resident who need to travel, live and work in Italy, must consider the new conditions.

UK nationals already in Italy has to contact Santa Fe for the needed steps.

Santa Fe Relocation Analysis

Santa Fe Relocation will update about any relevant immigration update arising considering this scenario is continuously changing.

Should you have any questions, please contact the following:

Veronica Maggioni
Immigration Specialist
Santa Fe Relocation Italy
Tel.: +393483040948
Email: veronica.maggioni@santaferelo.com

 

To read more immigration updates, click here

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