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Before and after Brexit: How will the rights of Brits in Italy change?

Whether there's a deal or not, here's how your residency rights as a British citizen in italy are likely to change post-Brexit.

Published: 12 February 2019 16:19 CET
Before and after Brexit: How will the rights of Brits in Italy change?
Photo: Depositphotos

Brexit Day is creeping ever closer. On March 29, 2019, British citizens will lose their EU citizenship, and with it the associated rights that have, until now, allowed them to live and work legally in Italy and other EU member states.

After Brexit though, they’ll be relying on the goodwill of individual EU member states to guarantee that they can continue to live and work in the countries they call home.

In Italy, the good news is that things won’t change as much as you might expect – at least, not in the short term.

British in Italy, the citizens’ rights group, has been campaigning to keep as many of these rights as possible.

READ ALSO: 'I am not alone' – How Brexit's Facebook groups can be life-saving therapy for anxious Britons

And Italian government officials have told the group they’re working on measures that would allow British citizens resident in Italy to keep their rights in the country post-Brexit.

Nothing is finalised yet. We don't have the full details of how Italian government legislation will look; campaigners say the legislation will be published “not long before Brexit day”.

But we do have a draft text giving some idea of what British citizens can expect to change – deal or no deal.

Photo: AFP

The transition period

The first thing to know is that the Italian government has confirmed there will definitely be a transition period after the UK leaves the EU – we just don't know how long it will be yet.

It could be six to nine months, or it could last until December 31, 2020. The length of the transition period depends on whether a deal – a ratified Withdrawal Agreement (WA) between the EU and UK – is reached or not.

READ ALSO: How to beat (or just survive) bureaucracy in Italy: the essential pieces of Italian paperwork

But the good news is that, during this transition period, your rights will remain the same.

“Importantly, the Italian government confirmed to British in Italy that UK citizens will continue to enjoy all their existing EU rights of residence, to healthcare, to work, education or study within Italy throughout either of the two possible transition periods starting 30th March 2019,” wrote British in Italy.

But then what happens?

There are two possible scenarios:

“The EU and the British Government reached an agreement in November 2018, the potential Withdrawal Agreement (WA), on the rights that will be substituted for our EU rights if, and that is a big if, the agreement is approved by the British parliament,” said British in Italy.

“There currently seems little chance that it will be approved.”

You can find British in Italy's entire text here in Italian.

FOR MEMBERS: The ultimate guide to getting residency in Italy

Anti-Brexit protesters in Rome. Photo: Vincenzo Pinto/AFP

In either case, here's what we know so far, based on the Italian government's draft Brexit plan.

Pre-Brexit: until March 29, 2019

UK citizens currently have the right to residency as EU citizens (under EU Directive 2004/38).

Although EU citizens can travel freely around European member states, anyone staying longer than three months in Italy is required to apply for a certificato di residenza (residence certificate) at their local anagrafe (registry office). 

It is something of a formality, and many people don't register for one reason or another. But if you haven't registered before the UK leaves the EU, you won't be covered by legislation being drawn up to protect the rights of British citizens resident in Italy.

After a withdrawal under agreement

If there is a deal, the Italian government intends to follow the procedure set out in the Withdrawal Agreement that recognizes the rights of UK citizens resident in Italy at the end of the transition period (In this case, that would be December 31, 2020).

UK citizens will have to follow the administrative procedure (which is still to be decided) to have their rights recognised by that date.

After a no-deal Brexit

Before the end of the transition period, from March 30, 2019, UK citizens registered as Italian residents will have to register again at the police headquarters as resident under the new status of third country nationals (CPT)

It's important to note that the government has not yet released full details of the requirements for British citizens to re-register as third country nationals in the case of a no-deal Brexit.

Currently, non-EU citizens must apply for a visa for any stays of longer than three months.

For more details on this, read our articles on the current residency requirements and current citizenship requirements. However, it's not known whether or how much these could change for Brits post-Brexit.

The Italian government has promised to treat UK citizens “generously” during this process, as advised by the EU, and has indicated that they may not need to fulfil all of the usual CPT requirements.

We'll know more when Italian officials release the final draft of their Brexit-planning legislation.

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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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