The Brexit transition period, which started on the 1st January 2020, ended officially on the 31 December 2020. The United Kingdom is no longer an EU Member State. U.K. citizens will therefore be treated as non- EU nationals.
In order to understand which is the new status of U.K. citizens in Italy, it is fundamental to make a distinction between U.K. nationals who were legally resident in Italy on or before the 31 December 2020 and those who wish to move to Italy during the new year, thus after the 1st of January 2021.
During the whole transition period, the Withdrawal Agreement remained in force, protecting the rights of U.K. citizens and their families who were already resident in Italy. In fact, thanks to the Withdrawal Agreement, U.K. citizens could continue to live and work in Italy as they were currently doing. They were neverthelessrequired to make some procedural steps in order to continue to live in Italy:
1. Register at the local municipality where they used to live (registrazione al Comune di residenza);
2. Obtain a new document from the municipality called “Attestazione di iscrizione anagrafica” that included the reference to the Withdrawal Agreement, under which the document was issued. Their family members were also required to obtain the same document.
The abovementioned “attestazione di iscrizione anagrafica” is a specific document that was expressly created for U.K. citizens who could benefit from by the Withdrawal Agreement.
U.K. citizens who have been living in Italy for five years or more on 31 December 2020 were also entitled to obtain a permanent residence permit.
U.K. citizens, who have instead lived in Italy for less than five years on 31 December 2020, were entitled to obtain a temporary residence permit and be allowed to accrue the five years for permanent residence permit.
What about British citizens who were not registered on the 31 December 2020?
After 31 December 2020, standard immigration provisions applicable to citizens of non-EU and non-Schengen States shall apply to British citizens who were not registered as Italian resident at the time of Brexit.
From the 1st of January 2021, it is possible to travel to Italy for up to 90 days in any 180 days period without a visa for purposes such us tourism or business, according to the normal Schengen rules. British citizens who want to live in Italy shall consequently apply for a visa through the Italian Consulate. After the visa is granted, they shall apply for a permit to stay (permesso di soggiorno) as any other third country national.
What about Italian citizenship?
The Italian Citizenship rules affected by Brexit are those regarding naturalisation. The application will be considered on the basis of EU nationality if it has been submitted before 31 December 2021.
If, on the other hand, the application for Italian citizenship was submitted after the 31 December 2020, the applicant will be considered a non-EU resident and he/she will need to prove legal residence in Italy for 10 years (instead of the 4 years required to EU citizens).
STUDIO LEGALE LIPPES
European legal professionals
Lo Studio Legale Lippes offre i propri servizi professionali in ambito prevalentemente civilistico e giuslavoristico, valorizzandone il profilo nazionale senza tralasciare la dimensione europea.
SEDE PRINCIPALE:
Piazza Don Minzoni 8
50053 Empoli - Firenze (Italia)
+39.349.0965211
+39(0)571.725196
+31.642435105
info@studiolegalelippes.com
lippes@firenze.pecavvocati.it (pec)