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The myths you shouldn’t believe about Brits’ rights in Italy after Brexit

Amid misleading reports about what the UK's withdrawal from the EU has changed for Brits in Italy, the British Embassy sets the record straight about the rights of UK nationals after Brexit.

Published: 21 April 2021 17:51 CEST
Updated: 25 April 2021 11:44 CEST
The myths you shouldn't believe about Brits' rights in Italy after Brexit
What has changed for Brits in Italy after Brexit, and what hasn't? Photo: Vincenzo Pinto/AFP

In recent weeks inaccurate media reports around the new rules for UK nationals living in and travelling to Europe may have caused confusion. So the British Embassy Rome wanted to bust some myths about what our new relationship with the European Union means for you.

Please continue to refer to the Living in Italy page on gov.uk as well as the Italy Travel Advice. 

I arrived in Italy two years ago and I am a legal resident. Now the transition period has ended I’ve lost my right to access healthcare and benefits as I was doing before.

False: If you were living lawfully in Italy before January 1st 2021 your rights are protected by the UK-EU Withdrawal Agreement.

These rights are for life for as long as you remain a resident in Italy. Your rights include the right to access healthcare and benefits on the same basis as an Italian national. 

My right to access benefits and services is only protected if I get the new Withdrawal Agreement biometric residency card (‘carta di soggiorno’) from my questura.

False: If you were legally living in Italy before January 1st 2021 your rights are protected by the Withdrawal Agreement for as long as you remain a resident in Italy. If you already hold an EU residency document from your local town hall (comune) this is evidence of your status.

However, you should now obtain the new carta di soggiorno from the questura as it is the best evidence of your rights under the Withdrawal Agreement. Check the Italian government’s vademecum on the new card for more information.

Remember, however, that if you are covered by the Withdrawal Agreement you cannot have your rights denied because you don’t hold the new carta di soggiorno.

READ ALSO: 

British nationals living in Italy collect their Brexit residence cards from the questura in Milan. Photo courtesy of Beyond Brexit/Facebook

I was settled in Italy before January 1st 2021. I need the new ‘attestazione di iscrizione anagrafica’ from my local town hall which was released last year before I can get the new ‘carta di soggiorno’ from my questura. 

False: You do not need the attestazione di iscrizione anagrafica issued according to Article 18.4 of the Withdrawal Agreement to get the new biometric residency card (carta di soggiorno). You can provide your current EU residency document as evidence of living in Italy to your local questura.

Or you can complete a self-declaration form confirming your registered residency status. You can find a template of the form on our Living in Italy guide.

Book an appointment online with your local questura for your carta di soggiorno. 

I was living in Italy before January 1st 2021 but I never registered. So I’m not covered by the Withdrawal Agreement and I’ll need to leave Italy immediately. 

False: If you were lawfully living in Italy before January 1st 2021 but you never registered you are eligible to apply for the new carta di soggiorno issued under the Withdrawal Agreement. You should get in touch with your local questura to book an appointment. Once you’ve obtained the new carta di soggiorno you should register your residency with your local town hall (comune).

READ ALSO: 

If you started the residency registration process with the town hall in 2020 you should complete this with them before requesting the new carta di soggiorno with your local questura. 

In both cases, you should check with the questura what documentation you need to provide. Check the Italian government’s vademecum on the new card for more information.

I’m a resident here and I have an EU residency document. I want to visit the UK for two weeks – when I return I guess my passport will be stamped. 

False: If you were lawfully living in Italy before January 1st 2021 you are covered by the Withdrawal Agreement. As such you should not have your passport stamped at the border when returning to Italy. 

READ ALSO: ‘A stamp in a British passport does not put residency rights into question’

You should now obtain the new carta di soggiorno from your local questura. This is issued under the Withdrawal Agreement and is the clearest evidence of your rights in Italy. It will be a useful document to show at the border when returning from overseas. But if you don’t yet have one show your current EU residency document to avoid having your passport stamped or being questioned as to your reasons for travel.  

If your passport is stamped in error it will have no impact on your rights in Italy. 

passport visa
Photo: ConvertKit/Unsplash

I’m planning to move to Italy sometime in 2021 to settle. I should get the new ‘carta di soggiorno’ from the questura. 

False: The new carta di soggiorno for UK nationals and their families is issued under the Withdrawal Agreement. To be eligible you’ll need to evidence that you were lawfully living in Italy before January 1st 2021. 

If you are planning to move to Italy from January 1st 2021 you must meet the immigration requirements for non-EU nationals. You should contact the Italian Ministry of Foreign Affairs or the Italian Consulate in the UK for more information.

Make sure you also read our travel advice to understand any other entry requirements. You should also make sure you are aware of current rules on entry due to Covid-related travel restrictions. 

I’m a UK national not covered by the Withdrawal Agreement so I will need a visa every time I come to Italy.

False: Foreign holidays are currently illegal out of the UK but there will be changes to the way we visit Europe when we are able to do so again. This also applies to people who have a second home in the EU but are normally resident in the UK.

You can still visit Italy without a visa for up to 90 days within any 180-day period. However, you might need a visa or work permit if you are planning to stay longer or if you are travelling for business purposes.

READ ALSO: What Brits need to know about visas for Italy

New passport validity rules mean you may need to renew your British passport earlier than expected as it may not be valid for travel, even if it is in date. Use our passport checker to find out and renew now if you need to.

To find out what other actions you may need to take before travelling to Europe, read our guidance for visiting Europe.

Remember, always read our travel advice for your destination before you travel. Take out comprehensive travel insurance that meets all your needs, including healthcare.

Find all The Local’s updates for UK nationals in our Dealing With Brexit section. 

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BREXIT

What Labour’s UK election win could mean for Brits in Europe

The UK's new Prime Minister Keir Starmer has swept into Downing Street in a landslide victory. But how will a Labour government affect Brits in Europe? And what, if anything, will the former 'Remainer' do about Brexit?

Published: 5 July 2024 15:31 CEST
Updated: 8 July 2024 13:40 CEST
What Labour's UK election win could mean for Brits in Europe

The Labour party won a landslide victory in the UK general election on Thursday, bringing an end to 14 years of Conservative party rule.

Labour majority

The new Labour government enters office at a time of high political and economic uncertainty, stagnant growth, public services pushed to breaking point, and Britain’s international reputation tarnished after the Conservative government staggered from calamity to calamity in recent years.

Leading up to the election, the question was not if Labour would win but when, and how big the majority will be. In the end Labour won one of the biggest landslides in British political history, taking 412 seats. 

What the new Labour government does (or more likely, doesn’t) do with its massive majority could have big implications on life for approximately 1.3 million UK nationals living throughout the EU.

Writing exclusively for The Local after his party’s election win, the UK’s new Foreign Secretary David Lammy said Britain would reset its ties with the EU.

“As the new British Foreign Secretary, with our Prime Minister Keir Starmer, this government will reset relations with Europe as a reliable partner, a dependable ally and a good neighbour.”

Lammy added: “We must do more to champion the ties between our people and our culture. Holidays, family ties, school and student exchanges, the arts, and sport (I was of course cheering on England in the Euros…). Thanks to this, our citizens benefit from the rich diversity of our continent.

“If we are to fulfil our ambitions for a reset, we must also improve Britain’s relationship with the European Union… I look forward to seeing Britain reconnect with our European neighbours in the years ahead.”

For many Brits in Europe (as well as those in the UK), the elephant in the room is, of course, Brexit.

Starmer and Labour’s Brexit policy

But what, if anything, does a Labour government actually mean for Brexit and Brits in Europe?

For many, Starmer first came to national prominence in his role as shadow Brexit secretary under former Labour leader Jeremy Corbyn. He was then an ardent Remainer, and largely responsible for Labour’s eventual position on a second referendum, demanding that the British people deserve a “confirmatory vote” on Europe.

How things have changed. In the build-up to the election Starmer categorically ruled out the idea of rejoining the single market and the customs union, let alone a second referendum on rejoining the EU. He has, however, stated that he will take steps to ease trade barriers and sign a bolstered security agreement with Brussels.

Asked recently by the British press if he could envision Britain re-entering the EU in his lifetime, Starmer was unequivocal. “No. I don’t think that that is going to happen,” he said. “I’ve been really clear about not rejoining the EU, the single market or the customs union – or a return to freedom of movement.”

These comments sparked a certain amount of anger and disappointment among many Brits in Europe. Although they were made before the actual election with Starmer still in campaign mode.

In essence, despite his Remain-backing past, Starmer’s position seems to be that Labour can improve the Brexit deal signed by the Johnson government in January 2020, rather than tear it up or try and force the UK back into the EU on new terms.

For those hoping to rejoin the EU one day, this will be disappointing. Brexit became something of an internal psychodrama for the Conservative party, yet Starmer’s Labour appear to have accepted it as the political framework and don’t dare reopen the debate.

So for the hundreds of thousands of UK nationals living in Europe there will be no return of their freedom of movement and EU citizenship anytime soon.

So will Labour change anything for Brits in Europe?

Labour has been tight-lipped on what its Brexit policy will actually mean in practical terms, but of the few concrete proposals it has outlined so far there are plans to revamp a veterinary deal on animal products to ease on paperwork and border checks, as well as making it easier for qualifications to be recognised abroad.

Labour has also promised to enshrine rights to consular assistance for UK citizens abroad in cases of human rights violations, and to make reciprocal arrangements for touring artists and musicians moving between the UK and EU.

In terms of broad strokes commitments, however, it’s hardly ambitious.

Some economic experts have suggested that rejoining the single market or customs union would significantly boost the British economy, so some hold out hope that the political and economic reality may force the new Labour government to reconsider its position on Europe somewhere down the line.

What about the roll out of the the EU’s new EES border system?

Britons travelling to Europe will face likely travel disruption when the EU finally rolls out its new biometric border checks known as Entry/Exit System or just EES.

There had been much talk of the UK government trying to get the rollout delayed in a bid to avoid or at least postpone the likely chaos. Could Keir Starmer’s government put pressure on the EU to delay EES?

Well the main point to note is that it’s up to the EU when it rolls out EES, not the UK government. It is due to be launched in October or November although an exact date has not been announced. However if there is any delay it will likely be because of concerns on the EU side rather than because of pressure from the UK.

READ ALSO: When will Europe’s new EES passport system be launched?

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