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Live Q&A – Facebook session summary

Live Q&A – Facebook session summary

Summary from British Embassy Virtual Town Hall event.

We have summarised the main issues below for those who were unable to participate. There will be further opportunities to raise a question when we continue our series of virtual town halls throughout this year.

➡️The Ministry of Interior has announced that a new attestazione is available from local town halls to evidence your rights under the Withdrawal Agreement. But I’ve heard different accounts about how to get it. What should I do?

On 11 February the Ministry of Interior issued a circular which states that UK nationals who are already registered with their comune can obtain a new attestazione based on the Withdrawal Agreement. It is also available to UK nationals who arrive in Italy this year, after they have officially registered as a resident. We recommend that you do not immediately go to collect the new attestazione as we do not yet have full details on the new document from the Italian government nor on the procedure for obtaining it. You will have plenty of time to obtain the new document as EU rules will continue to apply until 31 December 2020. We will update our Living in Guide as soon as we have more information.

➡️I am a second property owner in Italy but I am not resident here. I like to spend up to nine months in Italy every year. Will my rights change?

During the transition period until 31 December your rights will not change. From January 2021 you may be limited to the amount of time you can spend in Italy without a visa (currently the visa-free limit will be 90 days in a 180 day period). Your UK-EHIC may no longer be valid and you will need to consider private health insurance. If you wish to have your rights protected under the Withdrawal Agreement you need to be officially resident in Italy by 31 December 2020.

➡️I live in Italy but don’t receive any pension – either from the UK or from Italy. Do I have a right to state healthcare here?

If you’re living in Italy or move there permanently before 31 December 2020, you’ll have life-long healthcare rights in Italy as you do now, provided you remain resident and you meet the requirements to register with the Italian national healthcare system (SSN). You can register for free with the SSN if:

– you have a work contract, are self-employed in Italy or are an immediate family member of someone who is
– you are an immediate family member of an Italian citizen
you have been officially resident in Italy for 5 years or more and you are not entitled to UK-funded healthcare, such as an S1 form
– you are unemployed, registered on the employment lists (liste di collocamento) or registered for a professional training course
– you hold a UK social security form, such as an S1 form for pensioners

If you’re not working or paying social security contributions, you may be able to register with the national health system voluntarily by paying a fee each year. This depends on the region of Italy you live in. If you cannot register voluntarily in your region, you’ll need to take out private health insurance. Contact your local Azienda Sanitaria Locale.

If you hold an Italian European Health Insurance Card, known in Italy as TEAM (the words Tessera Europea di Assicurazione Malattia will appear on the back of your Tessera Sanitaria), you will continue to be able to use this in the UK and when traveling in the EU after the end of the transition period for as long as you remain legally resident in Italy. Please see our healthcare pages on gov.uk for more information

➡️What is the difference between temporary and permanent residency under the Withdrawal Agreement?

If you are resident in Italy by 31 December, either as a permanent or temporary resident, you and your families will be covered by the Withdrawal Agreement. As a permanent resident in Italy (those with five years or more residency) you will be able to leave Italy for up to five years without losing your residency rights and your status under the Withdrawal Agreement. Temporary residents need to spend at least six months in every 12 month period in Italy to maintain their residency status here. Under the Withdrawal Agreement temporary residents have the right to remain in Italy to accrue the five years for permanent residency status.

➡️Can my family members join me in Italy in the future?

The Withdrawal Agreement means that UK nationals who fall within the scope of the Withdrawal Agreement can be joined by close and current family members in Italy at any point in the future, on the basis of current EU rules, where the relationship existed before the end of the transition period. The definition of a close family member includes: spouses, civil partners, unmarried partners, children under the age of 21, grandchildren and dependent children, dependent parents and dependent grandparents. The Withdrawal Agreement therefore protects direct family members, including those who are third country nationals, on the basis of current EU rules, where a genuine relationship was formed before the end of the transition period and continues to exist thereafter. Children born in the future to a UK national covered by the Withdrawal Agreement will also be protected including children adopted.

➡️I am a UK national and wish to return to the UK with my Italian spouse in the future. Can I?

Close family members of UK nationals who return from living in the EU by 29 March 2022 can apply to the EU Settlement Scheme as long as that relationship existed before exit day. Future spouses and partners, where the relationship was established after exit day, of UK nationals who return from living in the EU before the end of the transition period can applyto the EU Settlement Scheme.

Dependent relatives (i.e. extended family not close family members) of UK nationals who previously lived in the EU with that family member can apply to the EU Settlement Scheme as long as they have returned to the UK before the end of the transition period.

After these dates the UK Immigration Rules will apply as it does for other UK nationals returning from abroad.

➡️I don’t know when my Italian citizenship application is considered as having been submitted?

The process for applying for Italian citizenship is governed by the Italian government and is a Member State competence. If you have a question regarding citizenship applications you should contact your local prefect and comune. Regarding the date of application, what is key is when the competent authority received the application (the ‘procedimento’ starts on the ‘istanza di parte’ – i.e. when the ‘istanza’ has arrived at the relevant public administration – see legge 7 agosto 1990, n. 241). This may not be the same date as when you submitted the application online (at this point a printout of your application can include the following line: ‘La presente non e’ una ricevuta di presentazione dell’istanza di cittadinanza ma solo dell’invio del modulo on-line”). The ‘presentazione dell’istanza di cittadinanza’ may be therefore a later date than your submission online but you should be informed of this date by the prefect (i.e. when they actually received your application). If we receive further clarification on this point we will share it online.

All updates regarding your rights and EU Exit can be found on our Living in Italy guide (www.gov.uk/guidance/living-in-italy. You can sign up to our mailing list by emailing us here: uknationals.initaly@fco.gov.uk

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