British Citizens and Right to Stay in Italy after No Deal Brexit
With the Decree n. 22/2019, issued by the Italian Government on March 2019 and based on a prospective of “Hard Brexit”, it has been regulated the status of British individual and their family living and residing in Italy, in order to prevent the worst case scenario, equal to having no rights for them.
Article 14 of the above mentioned decree is regulating the right to stay of British individuals and their family not owning any Eu country citizenship, after Brexit will take place with a No Deal.
It is to be considered that this article will be in force only if United Kingdom will leave Europe with a No Deal. In that case it will be in force from the date of withdraw.
There are Two Categories that this decree created in order to regulate different cases:
1. If the candidate has been a registered resident in Italy for more than 5 years within the 31st of December 2020.
In this case, the candidates belonging to this category can request to the Police Commissioner (Questore) of the area where they are resident, within the 31st of December 2020, the issuance of a Permit for Permanent Stay for EU citizens (Permesso di Soggiorno UE per soggiornanti di lungo periodo).
The candidates for this category are of two types:
A) British Citizens registered in the Municipality (Comune) Residence Registry as required by law, for more than 5 years within the 31st of December 2020,
B) Family Members of a British Citizen, not owning any EU country citizenship holding a permit to stay as Family member of a EU Citizen, permanent or not(which can be either: "Carta di soggiorno per i familiari del cittadino comunitario non aventi la cittadinanza di uno Stato membro dell'Unione europea", or "Carta di soggiorno permanente per i familiari non aventi la cittadinanza di uno Stato membro"), for more than 5 years within the 31st of December 2020.
2. If the candidate has NOT been a registered resident in Italy for more than 5 years within the 31st of December 2020.
In this case, the candidates belonging to this category can request to the Police Commissioner (Questore) of the area where they are resident, within the 31st of December 2020, the issuance of a Permit to Stay for "Residence" (Permesso di Soggiorno per Residenza). This is renewable and after 5 year of continuously residence in Italy, can be requested the issuance of a Permit for Permanent Stay for EU citizens (Permesso di Soggiorno UE per soggiornanti di lungo periodo).
The candidates of this category are of two types:
A) British Citizens registered in the Municipality (Comune) Residence registry as required by law, for less than 5 years within the 31st of December 2020;
B) Family Members of a British Citizen, not owning any EU country citizenship, however not holding permanent permit to stay as Family member of a EU Citizen, but the one valid for 5 years ("Carta di soggiorno per i familiari del cittadino comunitario non aventi la cittadinanza di uno Stato membro dell'Unione europea"), for less than 5 years within the 31st of December 2020.
Therefore, in case a "Hard Brexit" will take place, in relation to their right to stay, from the 1st of January 2021, British individuals and their family not owning any Eu country citizenship will be treated, from an immigration point of view, like not European Citizens. This unless they requested already to the Police, a permit to stay as above mentioned. In that case their application will follow ordinary procedures to obtain a permit to stay applied for not European Citizens.
Contact us for any queries on timing, procedure or documentation needed.