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BREXIT

Brexit: What can Italy’s British residents do about passport stamps?

British nationals resident in Italy have become concerned in recent months as their passports have been incorrectly stamped when returning home from abroad. Here's the latest update for those travelling.

British passports are causing confusion at EU border controls.
British passports are causing confusion at the Italian border. Photo by Anthony WALLACE / AFP

Since Britain left the EU, Brits living in Italy have faced new complications when travelling to the UK.

The main issue is that presenting a British passport at the border has caused confusion for border control officers. Based on a passport alone, there’s no way of telling who is a British tourist and who has residency in Italy.

For visitors, the 90-day rule now meaning that British citizens can no longer spend more than 90 days out of every 180 in the Schengen zone.

READ ALSO: How long can Brits stay in the UK without losing their EU residency?

Border guards keep track of how long people have spent inside the bloc by scanning passports and stamping them, which establishes a record of exactly when the person entered the Schengen zone and when they left.

But the 90-day rule applies to visitors rather than residents. British citizens who are resident in Italy should not have their passport stamped at the border.

In practice, though, concerned readers continue to contact The Local to say their passports are being stamped on both entry and exit – even when they can prove they are residents.

Raymond Antonelli is one dual national who travelled back to Italy from the UK in September and got his passport stamped by Italian border control at Treviso airport.

He has residency in Italy, but authorities still stamped his passport – four times in total, for the outward and return journeys across two trips.

A sign at Heathrow Airport which says 'Welcome to the UK Border'

Photo: Ben FATHERS/AFP

When he planned another trip to the UK in October, he said: “I prepared myself for the passport control in Trieste airport, but they still stamped my passport regardless of my claims that I was an Italian and had residency.”

He told The Local that he provided plenty of documentation on each of the four occasions that border guards stamped his British passport, including his Italian identity card confirming Italian citizenship, residency documents from his comune (pre-Brexit) and his British passport.

Citizens’ rights groups have raised concerns that passport stamps may cause problems the next time British citizens leave the Schengen area if they are over the 90-day limit.

So what are the rules?

The British authorities insist that this should not be happening.

“UK nationals who were living in Italy before January 1st 2021 should not have their passport stamped when entering or leaving the EU. UK nationals should proactively show their residence document or other evidence of residence status at border control,” a UK government spokesperson told The Local.

READ ALSO: How British citizens in Italy are overcoming bureaucratic problems

“If a passport is incorrectly stamped, the stamp is considered null and void when you can show evidence of lawful residence to a border guard.”

The Local also spoke to the EU Commission earlier this year, who confirmed that the passports of British residents whose rights are protected by the Brexit Withdrawal Agreement should not be stamped.

EU officials have tried to get that message across to border police in all member states, they added..

How can you stop border guards from stamping your passport?

When approaching passport control going either in or out of the country where you live, you should present both your passport and proof of residency.

The British Embassy advises UK nationals who are resident in Italy to obtain the new carta di soggiorno elettronica from their local questura.

This is not mandatory, but the embassy explains that this is the clearest evidence of your rights in Italy under the Withdrawal Agreement.

READ ALSO: ‘What I learned when I applied for the Brexit residence card for Brits in Italy’

If you don’t yet have the carta di soggiorno elettronica, you could show your attestazione di iscrizione anagrafica’, EU residency document, or frontier worker permit issued under the Withdrawal Agreement.

If you have applied for, but not yet received, your residence document, carry your certificate of registration (the receipt issued when registering your residence).

The UK government advises that other forms of evidence could include your tenancy agreement or a utility bill in your name dating from 2020.

The Local’s members (and writers) have found that, just as the UK government advises, you have to be very proactive about proving your residency.

Don’t wait to be asked for it: at busy borders, officers may just presume that anyone presenting only a passport is a tourist.

You might think proof of residency is only needed when entering the country, but in fact you should show it when leaving as well, as passports are regularly stamped on both exit and entry.

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

If you are travelling within the Schengen zone it is a lot less likely that documents will be required when crossing the border, but if asked, you should present both your passport and residency documentation.

If you cannot prove that you are a resident in Italy, you may be asked additional questions at the border to enter the EU. Your passport may be stamped on entry and exit. But UK authorities insist that this “will not affect your rights in the country or countries where you live or work”.

What happens if my passport is stamped in error?

The EU Commission has previously stated that: “a wrong stamp in a passport can never put into question the right to reside in the host Member State”.

The Local has so far not received any reports of travellers who have later run into problems after an incorrect stamp.

British nationals can ask border guards to cross out stamps, as some have done, according to reports we have received.

The advice from all official bodies is to carry with you at all times the documentation that proves your right of residency in the EU.

So, while proving your residency status might mean delays and questioning while travelling, it seems unlikely that it will cause bigger problems down the line.

Further information can be found on the UK government’s Living in Italy website. The Living in Europe page gives details on the European Commission’s assistance service and how to resolve issues or submit a complaint.

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

Member comments

  1. I also just returned to Italy from the UK, despite showing my carta di soggiorno elettronica, I was stamped in both directions. I hope this doesn’t cause issues later in the year… I’m a little worried about entering the EU into another country other than Italy.

  2. If one’s passport is wrongly stamped on entry into the Schengen zone, is it better to have it stamped as well on exit, or to try to insist that it isn’t stamped? A possible problem with the latter is that it might then look as if has overstayed. I’d be interested to know what others think

  3. I’m an Irish citizen but had my Irish (EU) passport stamped on arrival in Sardinia in September because I had arrived on a flight from the UK. When I protested the agent just put a line through it.

  4. What’s to stop us putting a line through an incorrect stamp ourselves? My passport was recently stamped returning to Italy even though I spoke to the guard and showed him my residence card.

  5. So, after a ‘lull’ when border staff at Catania and Palermo airports ceased incorrectly stamping our passports when properly supported by a valid carta di soggiorno elettronica, they’re at it again….. My Wife got stamped both on exit and entry at Palermo airport a week or so ago and I had the same fate leaving from Catania and returning to Palermo last weekend! Pity the bureaucracy isn’t at the same finely honed levels of efficiency for the things that actually help with living in Italy!

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For members

RESIDENCY PERMITS

How to check the status of your Italian residency permit application

Getting a residency permit is a necessary rite of passage for non-EU nationals intending to spend more than 90 days in Italy. But how can you check the status of your application? Readers have shared their own experiences below.

How to check the status of your Italian residency permit application

Obtaining an Italian permesso di soggiorno is a necessary hurdle for non-EU nationals planning to stay in Italy for more than 90 days, and is also one of the very first things you’ll have to deal with in the country as the request should be filed within eight working days of your arrival. 

The permesso essentially connects your visa and passport information to your biometric data and place of residence, giving you legal grounds for remaining in the country.

There are several categories of permit depending on the reasons for your stay. For most permits, you’ll need to start the process by going to a post office with a Sportello Amico desk and requesting a ‘yellow stripe form kit’, or kit a banda gialla. You’ll then need to complete the forms within the kit, attach the required documents, and file the application at the same desk.

Some types of applications however (for instance, for permits for reasons of sport or medical care) cannot get filed at the post office, and must be filed at the local police headquarters, or Questura, instead. 

But, whether you’ve filed your application at a post office or at the police headquarters, how can you check the status of your request?

Polizia di Stato website 

There are two options available to foreign nationals wishing to check the status of their permit application, with the State Police (Polizia di Stato) website generally being the more popular one.

If you’ve filed your permit application at a post office, you’ll need to enter your personal file number (numero di assicurata) in the homepage box. This is a 12-digit alphanumeric code you’ll find on the application receipt (ricevuta) released by the post office (it’s usually located on the top-left corner, right above ‘password’).

If you’ve filed your application at the Questura, you’ll need to enter the registered mail code (numero di pratica). This is a 10-digit alphanumeric code figuring in the application receipt issued by the Questura (again, this is usually located in the top-left corner).

Screen grab of the homepage of the Polizia di Stato residency permit online portal

Screen grab of the homepage of the Polizia di Stato residency permit online portal. Source: Polizia di Stato

After entering the relevant code, you’ll access your personal profile page, which will display the current status of your permit. 

There are four possible messages you may get on your screen: ‘invalid number of characters’; ‘not present in the archive’, ‘under discussion’; or ‘ready for delivery’.

Invalid number of characters

The numero di caratteri non validi message means that the code entered is incomplete or invalid. 

READ ALSO: How many people get Italian residency every year?

Make sure that the code has 10 digits if you’re entering the numero di pratica, or 12 if entering the numero di assicurata.

If the issue persists, it’s advisable to get in touch with the local Questura.

Not present in the archive

Non presente in archivio could mean different things:

  • Your application hasn’t been registered in the portal yet (this may be the case for very recent applications, which haven’t been digitalised by officials)
  • The application has been rejected
  • The permit has already been delivered 

If you get this message, it’s strongly advisable to contact the relevant Questura and ask for clarification.

Under discussion 

Documento di soggiorno in trattazione means that your permit is being processed and it’s not ready yet. 

Ready for delivery

Pronto per la consegna means that your permit is ready to be collected. This message will also generally show where you’re meant to pick it up (see below).

Immigration Portal

If you’ve filed your permit application at a post office, besides the Polizia di Stato website, you can also check your application’s status via Italy’s Immigration Portal (Portale Immigrazione). 

You’ll need to click on Area Riservata Stranieri (personal area for foreign nationals) in the bottom-right corner and log in by typing in your user ID (top-right corner on the postal application receipt) under nome utente and your 12-digit numero di assicurata (top-left corner on your receipt) as password.

The status messages are the same as those on the Polizia di Stato page.

Where to collect the permit

If the permit is ready for collection, the Polizia di Stato or Immigrazione website will generally indicate the address of the office where you’re meant to pick it up.

In some cases, a text message including details on where to collect the permit is also sent to the applicant’s mobile.

READ ALSO: Can you travel abroad while waiting for an Italian residency permit renewal?

If the online portal shows that your permit is ready, but doesn’t specify where to collect it, it’s advisable to get in touch with the relevant Questura.

You can find the contact details for all Questure in Italy here.

How long does it take before I can collect the permit?

People applying for (or renewing) a permesso di soggiorno have long faced lengthy wait times, with some applicants describing the process as “the most frustrating experience ever”.

International residents in Italy have previously told The Local they faced wait times of up to ten months just to get an appointment at the local Questura (this is when officials review applicants’ documents and process their fingerprints). 

Following the appointment, authorities have between 60 and 180 days to finalise the application and issue the permit.

According to Italian lawyers, applicants can contact their local Questura to ask for an earlier appointment but authorities are under no legal obligation to grant the request. All requests are evaluated on a case-by-case basis. 

READ ALSO: Is it worth paying for legal help to get your Italian residency permit?

Things are slightly different if you’ve already had your appointment. 

Following 180 days (six months) from the date of the appointment, applicants can ask a lawyer to send an official email (PEC) to the relevant Questura, asking them to speed up the process (this is known as sollecito). If the issue persists, they can take up legal action.

Share your own advice, experience or questions on the subject of getting an Italian residency permit in the comments section below.

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