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BREXIT

EU agrees to three-month Brexit ‘flextension’

The EU has agreed a three-month Brexit 'flextension' until January 31st 2020, which gives the UK the option of leaving before then if the Withdrawal Agreement is ratified.

EU agrees to three-month Brexit 'flextension'
European Council president Donald Tusk with British Prime Minister Boris Johnson. Photo: AFP

The President of the European Council Donald Tusk announced the agreement on Twitter on Monday morning.

He called the extension a “flextension” – a flexible extension – meaning that if MPs in London approve the Brexit deal, then the UK could leave the EU sooner than January 31st.

If the UK parliament does ratify Boris Johnson's Withdrawal Agreement then it is believed the UK would leave the EU on the first day of the following month, so December 1st or January 1st.

The announcement of the extension had been expected on Friday but was delayed after the French objected to a longer extension unless there was a guarantee of a general election.

But on Monday morning, in a sign the French had agreed to drop their demand for a shorter extension, a diplomatic source hinted that a three-month delay was “very probable”.

The indication by a French source said that a potential three-month extension is hugely significant given that Paris was always seen as the major EU player most wary of another delay.

French president Emmanuel Macron has repeatedly expressed impatience over the repeated postponements of Brexit, saying they are getting in the way of his vision of reforming the European Union. 

“The conditions of the extension have been specified and reinforced, notably on the fact that the deal (reached between Britain and the EU) is not renegotiable,” added the French source.

“France insisted on the necessary conditions to preserve the unity of the 27 (remaining members of the EU).”

British lawmakers are due to vote Monday afternoon on Johnson's call for an early election to be held on December 12th.

The French source said that the chance of elections in Britain – which could result in a reconfigured parliament and help Johnson push through the deal – had “clearly strengthened over the weekend.”

The Scottish National Party and the Liberal Democrats, who oppose Brexit, said over the weekend they could back the snap elections under certain conditions.

Member comments

  1. So, they don’t really want the people to have their vote. They voted to leave and that should be honored. If not, the people don’t have a vote. No one is “owed” a deal. Leave now.

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BREXIT

What happens if you overstay your 90-day limit in Italy?

If you're visiting Italy from a non-EU country your time here is limited, unless you have a visa - but what happens to people who overstay and how strictly are the rules really enforced?

What happens if you overstay your 90-day limit in Italy?

The 90-day rule has long applied to non-EU nationals like Americans, Canadians and Australians and since Brexit it also applies to Brits.

However it’s not always clear what happens to people who overstay, and whether the rules are being strictly enforced on the ground. 

What is the rule?

Non-EU nationals, including Brits, can stay for 90 days out of every 180 in the EU without needing a visa or a residency permit. This can be in the form of one long stay or several short stays.

The limit is for time spent within the EU, so you cannot simply move to a different EU country, you need to leave the Bloc altogether and go to a non-EU country.

This does not apply to people who live in Italy and have a residency card. 

Brexit: How Brits can properly plan their 90 out of 180 days in Italy and the Schengen zone

If you want to stay longer than 90 days – either because you are moving to Italy full-time or because you want longer visits – you will need to get a visa.

You can find full details on the types of visa HERE, but the key thing is that visas must be applied for in advance from your home country – you cannot come to Italy and then apply in order to extend your 90-day stay.

What are the penalties for people who overstay?

If you spend more than 90 days in the EU or Schengen zone without a visa or residency permit then you are officially an overstayer. And unlike the pre-EU days when passport control consisted of a man in a booth with a rubber stamp, scanning of all passports on entry/exit of the EU makes it pretty easy to spot overstayers.

This is set to become even more stringent when the EES scheme comes into effect next year – full details on that HERE

READ ALSO: Visas and residency permits: How to move to Italy (and stay here)

The EU lists a range of possible penalties although in practice some countries are stricter than others.

Within the system, anyone who overstays can be subject to the following penalties:

Deportation – if you are found to have overstayed, countries are within their rights to either imprison you and deport you, or give you a certain number of days to leave. In practice, deportation is rare for people who aren’t working or claiming benefits, they are more likely to be advised of the situation and told to leave as soon as possible.

Fines – fines can be levied in addition to other penalties and vary according to country. In Italy, those found to have overstayed their visa as a result of border checks conducted while they are voluntarily leaving the country of their own accord are not subject to any fine, but those caught overstaying their visa on Italian soil theoretically face both an expulsion order and a fine of between €5,000 and €10,000.

READ ALSO: What type of visa will you need to move to Italy?

Entry ban – countries can impose a complete ban on re-entry, usually for three years although it can be longer. A complete ban is usually only put in place for people who have over-stayed for a significant amount of time.

Difficulties returning to the Schengen area – even if you avoid all of the above penalties, the overstay alert on your passport will make it more difficult for you to return to the EU, and this applies to any EU or Schengen zone country, not just the one you over-stayed in. People who have this alert on their passport are likely to face extended checks at the border and may even be turned back. You will also likely encounter difficulties if you later apply for a visa or residency.

People who simply stay in an EU country without securing residency become undocumented immigrants and will not be able to access healthcare or social security provisions. If caught, they face deportation.

How is Italy really enforcing these rules?

Among EU countries Italy has a reputation for being among the less strict, and deportations are rare for people who are not working or claiming benefits, unless they have been in Italy for many years without the correct papers.

If it’s a question of simply over-staying by a few weeks it’s very unlikely that police will come to your home and deport you.

However, that doesn’t mean that there are no consequences of your over-stay – what’s likely to happen is that you will be caught next time you leave Italy.

Passports are stamped and scanned on entry, which means that border officials can see how long you have been in the country – if your arrival date was longer than 90 days ago you are likely to be flagged as an overstayer.

While in Italy this shouldn’t lead to a fine, there’s a possibility you may be banned from re-entering the country. 

A re-entry ban can be either for a limited time period or indefinitely and even if you avoid a ban your passport is likely to be stamped as an over-stayer, which can lead to complications for further travel anywhere within the EU. 

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