Residence permit for British Citizens Post-Brexit

Brexit has significantly changed the rules applicable to British citizens who intend to live in Italy. Following the United Kingdom’s withdrawal from the European Union more than six years ago, British citizens are, as a general rule, no longer covered by the rules applicable to citizens of the European Union.

The situation is different, however, for those who were already lawfully resident in Italy before the end of the transition period. In such cases, the Withdrawal Agreement applies, safeguarding the residence rights acquired by British citizens and their family members who meet the conditions laid down therein.

Who can obtain the residence document provided for by the Withdrawal Agreement

The special regime primarily applies to British citizens who were legally resident in Italy by 31 December 2020. The same protection may also extend to certain family members, including spouses, partners, children and dependent ascendants, subject to the conditions established by the legislation referred to in the Agreement.

A particularly important aspect concerns family members: family reunification may also have taken place after 31 December 2020, without this automatically excluding the possibility of benefiting from the rules applicable to family members of British citizens protected by the Withdrawal Agreement.

A residence card that certifies an existing right

Italy has opted for a declaratory system. This means that the right of residence does not arise upon the physical issuance of the residence card, but derives directly from the Withdrawal Agreement.

The electronic residence card therefore serves essentially a certifying function: it documents and makes recognisable the status of the British citizen benefiting from the Agreement. The document is issued in electronic format in accordance with the requirements laid down by the relevant European rules on residence documents.

How to submit an application

The procedure is handled by the Questura competent for the applicant’s place of residence. The application may be initiated through the PrenotaFacile online service or by means of the so-called postal application kit available at authorised post offices.

The applicant must subsequently appear before the Questura to complete the required formalities, during which biometric data, including a photograph and fingerprints, are also collected.

Validity of the residence card

The document initially issued is valid for five years. After five years of lawful and continuous residence in Italy, it is possible to apply for a permanent residence card, whose validity is stated in the source as ten years.

When determining the period required to reach the five-year threshold, periods of residence accrued in Italy before 31 December 2020 are also taken into account.

Who arrived in Italy after 1 January 2021

The position of British citizens who do not fall within the scope of the Withdrawal Agreement is different.

As of 1 January 2021, persons who do not benefit from the protections of the Withdrawal Agreement are treated, for immigration purposes, as nationals of a third country. Consequently, for short stays, the rules applicable to stays in the Schengen Area apply, namely a maximum of 90 days in any 180-day period. For longer stays, Italian immigration rules apply, meaning that British citizens wishing to remain in Italy for a longer period must obtain an appropriate long-stay national visa and the corresponding residence permit.

Accordingly, persons wishing to settle in Italy after that date are not automatically subject to the regime applicable to British citizens who were already resident in the country at the end of the transition period.

Failure to register with the municipal population register by 31 December 2020

Failure to register with the population register by the prescribed date does not necessarily exclude the possibility of obtaining the residence document.

A British citizen who can demonstrate that they were lawfully present in Italy before 31 December 2020 may provide other appropriate documentation to establish this circumstance.

Conclusion

Brexit has created a fundamental distinction between two categories of British citizens: on the one hand, those who were lawfully living in Italy by 31 December 2020 and can therefore benefit from the guarantees of the Withdrawal Agreement; on the other, those who moved to Italy subsequently and, not falling within that regime, are subject to the rules applicable to third-country nationals.

For beneficiaries of the Agreement, the electronic residence card primarily serves as the instrument through which an already protected status is documented. Accordingly, correctly demonstrating residence or lawful presence in Italy on the relevant date, together with the documentation required for the citizen or family member, plays a central role in the procedure.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.