Italy

    Guidance

    1.1 Has any guidance already been issued in relation to Brexit, for example on residence or work permits in the event of a no-deal Brexit?

    According to the Law Decree no. 22/2019 entered into force on 26 March 2019, UK citizens and their families who have been residing in Italy for at least five years at the date when Brexit takes effect, can ask for a long-term residence permit from the local relevant police department before 30 December 2020.

    If the five years requirement is not met, UK citizens and their families can ask for a permit called ‘for residence’ which is valid for five years and can be renewed.

    For Italian citizenship purposes, UK citizens will be assimilated to EU citizens until they take the oath for Italian citizenship, provided that they have been residing for at least four years in Italian territory at the date when Brexit becomes effective and they apply for Italian citizenship by 31 December 2020.

    As far as healthcare in the context of social security systems is concerned, in the event of ‘no deal’, on condition that reciprocity is respected, EC Regulation 883/2004 will continue to apply to UK citizens and their families until 31 December 2020.

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    Business visas

    2.1 When UK employees become third-country nationals will they require a business visa?

    No, Regulation (EU) 2019/592 of 10 April 2019 exempts UK citizens from the requirement for a Schengen visa. It will apply from the day the UK is no longer subject to EU law. When it takes effect, UK citizens will be able to enter and stay in the Schengen area for a maximum of 90 days in any rolling 180-day period.

    The Schengen exemption will apply:

    • from Brexit date in the event of no deal;
    • from 1 January 2021 if the Withdrawal Agreement (‘WA’) is ratified (under the WA, UK nationals keep their EU free movement rights until 31 December 2020).

    The border authorities can in any case ask for documentation justifying the reasons and duration of the stay in Italy.

    2.2 What documentation will be required for business travel on arrival at the border once UK citizens are considered third-country nationals?

    For stays no longer than 90 days, UK citizens will only require a valid travel document. The border authorities can in any case ask for documentation justifying the reasons and duration of the stay in Italy.

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    Permission to work

    3.1 When UK citizens become third-country nationals will they need permission to work?   

    Yes, as a general rule, they will. 

    3.2 If permission to work is needed do any quotas apply for employing third-country nationals?

    Yes, they apply. A specific decree called ‘Decreto flussi’ provides quotas for employment, seasonal work, and self-employment every year. 

    In addition to this, there are some particular cases in which entry outside quotas is allowed (e.g. highly specialised workers, executives or lecturers).

    3.3 If permission to work is needed, as of when will it be needed?

    Before starting the procedure to request a work permit, a foreign national has to ask for an entry visa for work reasons (it is the result of an administrative procedure giving authorisation to work called ‘nulla osta lavoro’). 

    Once the ‘nulla osta lavoro’ is obtained, the worker has the right to enter in Italy for work purposes. 

    After entry into the national territory, a work permit must be requested within eight days at the one-stop shop of the province where the worker has his or her domicile or where the working activities are carried out.

    3.4 If permission to work is needed, what are the most common categories?

    The main categories of work permit (which depending on the case may or may not be subject to quotas) are employment, self-employment and seasonal work. Specific types of permit for work purposes related to certain workers (executives or highly specialised employees, academics etc.) are also provided. 

    3.5 If permission to work or stay is needed, how long does the procedure take?

    It depends on the kind of permit to work requested. In any case it may last 60 days minimum. In most cases, a few months may be needed. 

    3.6 If permission to work and stay is needed, what Government fees would be due for such a permission?

    For a first work permit, the costs are as follows: 

    • 1 stamp of EUR 16 for the request form; 
    • EUR 30 for the registered letter to be sent to the competent police department; 
    • EUR 30,46 for the release EUR 80 and EUR 200 depending on the kind of permit.
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    Permanent residence

    4.1 From when can third-country nationals obtain permanent residence?

    A third-country national can obtain permanent residence if he or she has had a regular residence permit for at least five years. In addition, he or she has to meet some requirements (minimum income requirement, adequate accommodation, passing an Italian language test). 

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    Residence Status

    5.1 What steps could UK nationals still take to secure their residence status?

    For those who are already living or working in Italy, the safest path is to start the procedures to benefit from the measures explained in question 1 as soon as possible. 

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