High Priority

What is the Brexit news? The Italian government has released a decree that outlines the residency rights of U.K. nationals and their non-EU family members under a no-deal Brexit.

Key points:

  • Transition period. U.K. nationals currently residing in Italy will retain their current status until Dec. 31, 2020.
  • Residence permits. During the transition period, those who have regularly resided in Italy for less than five years may apply for a residence permit “for residency” (“per residenza”), valid for five years.
  • Long-term residence permits. During the transition period, those who have regularly resided in Italy for at least five years may apply for an EU residence permit for long-term residents (Directive 2003/109/EC).
  • Dependents. Non-EU family members will also retain their status until Dec. 31, 2020 and will be able to apply for residence permits, as outlined above.
  • Noncompliance. Starting Jan. 1, 2021, U.K. citizens and their non-EU family members who do not comply with the above provisions will be subject to the same sanctions applicable to noncompliant non-EU nationals.

BAL Analysis: The U.K. is set to leave the European Union, and the U.K. Parliament has yet to pass a withdrawal agreement. Although the U.K. has postponed its exit from the EU, it is possible that it will leave the EU without a deal. The government’s decree provides some certainty to U.K. citizens living in Italy, as well as their family members, as they will retain their status during a transition period and will be able to apply for residence permits in the case of a no-deal Brexit.

This alert has been provided by the BAL Global Practice group and our network partner Mazzeschi in Italy. For additional information, please contact your BAL attorney.

Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.