The Withdrawal Agreement (WA) laid out the legal position for the year ended 31 December 2020
From 1 January 2021 UK is a Third State …. “a country which is not party to an international treaty or agreement”
As UK is no longer an EU Member, different rules will apply to each EU country, set out by – bi-lateral arrangements, specialist programs, ….
UK will no longer benefit from the four basic EU freedoms:
- Free movement of capital,
- Free movement of goods.
- Freedom to establish and provide services.
- Free movement of persons.
From 1 January 2021 UK citizens are considered non-EU nationals.
They will need to apply for an immigration process if they want to stay to stay in Italy for more than 90 days according to Schengen agreement.
UK citizens who were registered with the Anagrafe (Register Office) of the Municipality (Comune) before Jan 1, 2021 are excluded from this limitation. They can continue to live, work and study in Italy, but they must provide evidence of their status in Italy acquired before WA ending
What should I do if:
I am a UK citizen and want to move to Italy in 2021. What rules apply now? Can I register? No. You can no longer register after the end of the transition period. The 90 days rule on a 180 days on a rolling basis applies in the EU.
I have my company formed in the UK can I move to reside in Italy and keep my business in the UK? An individual can follow the rule of residency and domicile but it does not apply to a company. A Company formed in the UK will be no more resident in the UK if it is not managed and controlled in the UK. The residence of a company can determine which tax regime principally applies to the earned profit. Go and see Company residence for tax purposes
I am a UK citizen living in Italy but I have never registered with the local Register Office If you didn’t register before 31/12/2020 you no longer can enjoy free movement.
I am a UK citizen living in Italy and I have registered with the local Register Office – Starting from January 1st 2021, UK citizens resident in Italy before December 31st, 2020 must apply for a biometric residence permit.
What about healthcare coverage?
UK citizens registered – UK citizens registered with municipality (FAQ3) by December 31st are entitled to register with the Italian state healthcare system (fees may apply)
UK citizens not registered – At the moment any UK citizen travelling to Italy on business/tourism will need private health – as for any non-EU national – at least until can register with the Italian State healthcare system (non-EU citizens need immigration paperwork to do this)
Are UK citizens able to work in Italy?
UK citizens registered – UK citizens registered in Italy before the end of the Transition Period can continue working in Italy with no restrictions
UK citizens not registered – UK citizens are non-EU nationals and any Italian company looking to hire a non-EU national needs to follow Italian Immigration Law where the employee requires a work permit, work visa and residence permit. In general, for any trip that is longer than 90 days, UK citizens will need to go through the options available in Italian Immigration Law.
How have Italian citizenship rules changed for UK citizens?
UK citizens registered – UK citizens who have applied for citizenship before 31/12/2020 will be treated as EU citizens for which requirement for citizenship through naturalisation is being registered for at least 4 years in Italy, this period must be uninterrupted and maintained until citizenship adjudication (this may take up to 3 years)
UK citizens not registered – A UK citizen applying for citizenship after 1 January 2021 would be required to have 10 years continuous residency (required for non-EU nationals applying for citizenship through naturalisation)
Should I exchange my UK driving license?
UK citizens registered – If you are a resident in Italy you should obtain an Italian licence. You will need to take a driving test. UK citizens who have applied for Italian driving license before 1 January 2021, will not have to take a driving test.
UK citizens not registered – to get the Italian license they will have to take the driving test
There is no automatic recognition for professions. UK citizens will have to seek recognition of their qualification to be able to practise it in Italy.
Cescauk can help you to organize you and your business in the move to Italy. Contact us
Our flexible structure allows us to assist clients seamlessly in the UK and throughout Italy before moving and afterwards