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Brexit: issue of residence card for British Citizens with residence in Italy

New guidelines available for the issuing process of digital residence cards for British citizens with residence in Italy.

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Available the new guidelines about the issuing process of the digital card of residence.

The Ministry of Interior declared that all British citizens with an Italian residence since before December 31, 2020, shall request, at the police headquarters in charge in the territory, a digital residence card. This obligation is in force since January 1, 2021 and in line with the Agreement of February 1, 2020, ruling the withdrawal between the United Kingdom and the European Union.

The document grants the British citizens the same right of the EU Citizens and their relatives to freely move and stay in the territory of the Member States, therefore allowing an easy identification of their rights, as included in the Withdrawal Agreement.

Who can benefit from the Withdrawal Agreement?

The Beneficiaries of the Withdrawal Agreement are the UK citizens with an Italian residence since before December 31, 2020, along with their relatives that travel with them or join them after said date.

Which is the validity of the residence document?

The electronic document of residence, also called ‘Residence Card’, is valid for 5 years for citizens already resident since before December 31, 2020: 10 years (‘Permanent Residence Card’) in case of legal and uninterrupted residence in Italy for 5 years. In order for said right to take place, the periods before and after December 31, 2020 are both considered for the overall calculation.

What are the consequences in case of no personal subscritpion by December 31, 2020?

The personal certificate released by December 31, 2020 or its self-certification are the natural requirements to obtain the Residence Card. However, British citizens still not subscribed to the Registry Office, but able to prove a legal residence on the national territory (i.e. through a valid document like an employment contract, certificate of subscription to a study course etc),  will still be able to apply for the Residence Card.

What are the implications for frontier workers?

Following Article 9 of the Withdrawal Agreement, citizens of the United Kingdom are to be considered frontier workers if they carry out economic activities complying with Article 45 or 49 of the TFEU, in one or more States where they do not have residence. Starting from January 1, 2021, said workers will be able to apply for an electronic document, certifying the status of frontier workers, at the Police Headquarters of the Province of the workplace.

In all the other cases, from January 1, 2021, to all the other British Citizens and relatives, non-EU citizens, the provisions as included in the T.U. Immigration D.Lgs.286/1998 shall apply.

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