Visa options and exemptions for British nationals travelling to Italy

Visa options and exemptions for British nationals travelling to Italy

Few years have passed since Brexit and British nationals travelling to the EU and the Schengen area for different reasons must be aware of the rules they must comply with.

In accordance with the provisions of the EU Regulation 2019/592, from the end of the transition period (1st January 2021) the United Kingdom has been added to Annex II of the EU regulation 2018/1806 (which lists the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement).

Visa exemption for short-stays for British citizens – who are they?

British citizens do not need a Schengen short-stay visa for stays in Italy of up to 90 days within a period of 180 days for tourism or business reasons.

This exemption also applies to the following categories of British citizen:

• “British National Overseas” - is a class of British nationality associated with the former colony of Hong Kong
• “British Overseas Territories Citizen” - including Anguilla, Bermuda, Gibraltar, Cayman Islands, Falkland Islands, South Georgia Island, South Sandwich Islands, Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha, Turks and Caicos Islands, British Virgin Islands, British Antarctic Territory and British Indian Ocean Territory
• “British Overseas Citizen” - holders of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its overseas territories
• “British Protected Persons” - members of a class of British nationality associated with former protectorates, protected states, and territorial mandates and trusts under British control
• “British Subjects” – individuals possessing a class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949

Visa exemption for short-stays for work

The exemption from the requirement for a short-stay visa also applies in cases where British citizens enter Italy for up to 90 days over 180 days to perform paid work, subject to reciprocal arrangements for Italian citizens in the United Kingdom.

Notwithstanding the visa exemption, British citizens entering Italy for short-term stays to undertake paid work must in any case apply for a residence permit within 8 days of entering Italy.

It must be noted that this option, even though provided for by the law, may present some practical hurdles as Italian local authorities are not used to process this type of applications.

On top of that, UK employers sending personnel to Italy for short-term stays must also comply with the obligations set forth by Legislative Decree 136/2016 in relation to the submission of posted worker declarations (PWD) prior to the commencement of the posting in Italy.

Additional visa exemptions for short stays

Art. 6 Reg 2018/1806 provides for additional Schengen visa exemptions applicable to the following traveller’s categories:

• third country nationals subject to the obtainment of a visa, who reside in the UK and who are travelling to the Schengen area as part of a school trip accompanied by a teacher;
• recognized refugees and stateless persons, who reside in the United Kingdom and who possess a travel document issued by British authorities

Long-term stays and national visa option

British citizens who plan to stay in Italy for more than 90 days over 180 days, are subject to the obligation of obtaining a national D according to the Italian immigration rules applied to any third country national.

The main categories of visa for which British nationals may apply for are:

• work (including sport related activities and research and local hiring or temporary secondment)
• family reunion and adoption
• medical reasons
• investment
• start-up
• study
• religious purposes
• mission
• elective residency
• work as digital nomad or remote worker

Each national visa category has its own specific requirements and conditions to apply for: it is important to check them and prepare in advance as the process to apply for it may take time and informed planning is crucial to ensure a successful application.

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The content of this article is intended to provide general guidance on the subject matter. It is necessary to seek specialist advice in relation to your specific situation.