Prepared by Davide Marco Mangano and Paolo Lucarini
According to Law No. 41 of May 20th, 2019, and in particular Article 14, British citizens and their non-EU family members (with a Residence Permit as dependant of an EU citizen), who regularly reside in Italy (in other words individuals regularly enrolled to the Record of the Italian Resident Population) may request, within December 31st, 2020, to the Chief of the Police (Questore) of the Province they are residing an Italian Residence Permit, as illustrated below.
British citizens and their non-EU family members who have been staying in Italy for more than 5 years
In this case, based on Article 9 of the Italian Immigration Law, a Long -Term EU Residence Permit will be granted. Indeed, this type of document is issued when the applicant has regularly and continuously resided in Italy for at least five years at the date of the United Kingdom’s withdrawal from the European Union.
This permit will allow British citizens and their non-EU dependants to be treated similarly to Italian citizens; in this way, UK citizens will be able to maintain all the rights already acquired over the years as “EU citizens”.
British citizens and their non-EU family members who have been staying in Italy for less than 5 years
British citizens and their non-EU family members who have been staying in Italy for more than three months but less than 5 years can continue living regularly in our country provided that, within December 31st, 2020, they require a new Residence Permit called “per residenza”, valid for five years and renewable upon expired.
This Residence Permit allows the holder to enjoy the same rights guaranteed by the Italian Authorities to the holders of the Long-Term EU Residence Permit and to continue enjoying the rights previously obtained on the basis of the EU citizen status.
The Residence Permit “per residenza” allows the holder to: enter to Italy without applying for an entry Visa and to move freely on the national territory, to work in Italy (performing both employee and self-employed activities), to take advantage of social security and assistance services, as well as school and health services.
After 5 years, it will be possible to apply for the Long -Term EU Residence Permit.
As of January 1st, 2021, Residence Cards held by non-EU family members of a UK citizen will no longer be valid since the ratio of their issuance will cease to exist (the reason for the issuing was «family member of an EU citizen») and will no longer be a valid document to demonstrate the regular stay in Italy.
Family members of a UK citizen must apply for a new Residence Permit as described above.
The breach of this new provision will be punished with imprisonment up to one year and an administrative penalty up to Eur 2.000.
The same penalties will be enforced to UK citizens who will not apply for the above-mentioned Residence Permit within the end of the transitional period at the competent Chief of Police of the Italian province of domicile.
More operating instructions will be issued shortly by the competent Authorities.