Prepared by Davide Marco Mangano and Paolo Lucarini
Following Brexit, British citizens will no longer be considered EU citizens as of 01.01.2021.
Each Member State of the European Community, on the basis of the indications provided in the Withdrawal Agreement, has implemented different procedures in order to protect the rights of British citizens already residing in European Countries at the end of the transition period, that is to 31.12.2020.
The Italian Government, with the Circular of the Ministry of the Interior dated 03.02.2020, has established for British citizens, in order to be guaranteed the rights already acquired, i.e. the possibility of continuing to live and work in Italy, the need to proceed with the request for residence at the Registry of the Municipality of competence by 31.12.2020. In this regard, it is important to file the application within the above deadline, and not to receive its confirmation.
Therefore, the Italian Government has established that all British citizens, and their family members, residing in Italy as of 31.12.2020 or who have submitted a regular residence request within this deadline, must request, following the aforementioned registration in the Population Registry resident, the issue of the certificato di attestazione di iscrizione anagrafica, a document that will certify the right of residence in Italy.
This document can be requested by British citizens from the Municipality of residence even after the end of the transition period, i.e. after 31.12.2020.
In addition to the previous provisions, the Italian Government has recently published a new vademecum with which it clarifies the new obligations that British citizens and their family members, already residing in Italy as of 31.12.2020, will have to meet starting from 01.01.2021.
The vademecum refers to the Withdrawal Agreement relating to Brexit, where it is established that the citizens of the United Kingdom, residing in Italy on 31.1.2020, and their family members already present in Italy or who join them even after this deadline, have the right to receive an electronic residence permit. This residence permit must refer to the Withdrawal Agreement itself and will allow you to continue to enjoy the rights provided for in this Agreement.
The new electronic residence permit issued by the competent Police Headquarters based on the applicant’s residence will be valid for 5 or 10 years depending on whether the British citizen has been resident in Italy for less or more than 5 years.
The procedure for requesting the new residence permit provides that British citizens must, first of all, request and obtain the certificate of registration attesting to their residence in Italy at 31.12.2020. Having obtained this certificate, UK citizens will be able, starting from 01.01.2021, to present themselves in person at the competent Police Headquarters to apply for a residence permit and be subjected to photo identification.
In order to apply for the residence permit, the following documents must be presented:
1. Valid identity document;
2. Certificate of attestation of registration;
3. Receipt of payment of the sum of € 30.46 as the cost of the residence permit
4. A revenue stamp of € 16.00;
5. Four passport photos;
6. For family members only, documentation suitable for proving the status of family member of a British citizen.
Finally, it should be noted that each Police Headquarters will shortly communicate operating instructions such as, for example, how to request an appointment at their offices.
For a deeper discussion, please contact:
PwC TLS Avvocati e Commercialisti
PwC TLS Avvocati e Commercialisti