Italy: Brexit – What are the current provisions in Italian residence and employment law?

Immigration and residence

All British citizens who are registered as residents in Italy by the end of the implementation period will be able to stay in Italy without the need of a visa. However, from 01.01.2021, they may be asked to show a proof of residence when re-entering, such as an identity card, a registration certificate or a utility bill in their name. Also, UK Nationals registered as residents after 31.12.2020 will retain their right to stay in Italy. Those who have not yet resided continuously and lawfully in Italy by the end of the transition period will also be able to stay until they have reached the five-year threshold, at which point they will qualify for the right to reside permanently. Until this five-year threshold has been met, continuity of residence is necessary, which will be broken by a period or periods of more than six months in total in any 12-month period.

After 31.12.2020, British citizens who are not registered as Italian residents will be allowed to stay in Italy for no longer than 90 days within any period of 180 days. This applies to a person who travels as a tourist, to visit family or friends, to attend business meetings, cultural or sport events, or short-term studies or training. NB: Visit to Schengen countries within the previous 180 days before another travel counts towards the period of 90 days! At the Italian border control, British citizens may be asked to show a return ticket, to have enough money for the stay and to have their passport stamped on entry and exit.

Business trips

Except all the actions that travellers need to take (such as having a valid passport), UK Nationals should be aware of extra requirements if they travel to Italy for business purposes. They are obliged to get a visa, work permit or other documentation if they plan to stay longer than 90 days, unless any of the following applies:

• transferring from the UK branch of a company to a branch in Italy;
• carrying out contracts to provide a service to a client in Italy when their employer has no presence there;
• providing services as a self-employed person.

Employment

Regarding work privileges, British people who will want to start working in Italy after the Brexit, will be required to apply for a work visa or another resident permit granting work privileges. They will be obliged to satisfy several requirements, such as having an employment contract and keeping it for the entire duration of the stay in Italy.

Autor: Florian Bünger