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Setting the record straight: What post-Brexit rights do Brits have in Italy?

Citizens' rights groups in Italy have moved to set the record straight regarding the rights of British citizens in the country post-Brexit following numerous divisive and simplistic reports in the British media.

Setting the record straight: What post-Brexit rights do Brits have in Italy?
Photo: John Thys/AFP

“British in Italy found profoundly depressing the recent spate of copycat articles in the pro-Brexit British press about problems experienced by UK nationals in the EU,” read a statement from the citizens rights group British in Italy.

The articles, which included ones published in the pro-Brexit newspapers the Daily Mail and the Sun, were accused of being factually wrong as well as confusing British citizens living in the EU with British tourists or second-home owners.

“The quality of journalism in these articles was very poor with errors including confusing the position of those who are protected by the EU/UK Withdrawal Agreement with that of tourists or illegal stayers, and multiple errors about our rights,” British in Italy said.

“The theme of the articles is best summed up by the Sun’s headline saying that these problems were the result of “Brexit revenge rules” introduced by various EU governments. 

“As we pointed out in our letter to the Sun (which of course they never published) “Italy has been slow to update its public computer systems …. and slow to issue the card which proves that we are resident, and these failures have led to some people losing work, being unable to buy or rent a home or get benefits. 

“This has caused them devastating problems which British in Italy is campaigning to get sorted, but none of it is “Brexit revenge” and nobody who knows Italy or Italians would dream of calling it that.”

READ ALSO: 

The same sentiments were echoed by Clarissa Killwick from the group Beyond Brexit – British citizens in Italy, who said: “Unfortunately, in some of the UK press, unrelated bureaucratic problems in Italy got “hijacked”, sharing the same, sometimes inflammatory, headlines. It is important to keep things in proportion. 

“In our group, which provides support and information on post-Brexit citizens’ rights issues, yes, we are still having problems reported almost on a daily basis. To add balance though, many individuals are managing to resolve difficulties, with say a house purchase, renewing a health card or getting a work contract.”

“Whilst some carta di soggiorno residency cards have now been issued, there remain delays because of technical issues with fingerprinting and lead times for getting appointments.

“It must also be said, hats off to the staff in the immigration offices all round the country for their patience and helpfulness that many of our members are reporting.”

Following the coverage and subsequent confusion, British in Italy gave the following information to set the record straight regarding the rights of British citizens in the country:

  • Those who were resident in Italy (or frontier working) before December 31st 2020 are protected by the Withdrawal Agreement.
  • This means that they retain all their old EU citizen rights in Italy other than the right to vote and the right to apply after 31/12/20 for a qualification to be recognised. Outside Italy we have lost EU freedom of movement and some other rights to initiate activity in the EU institutions.
  • It is not just those with permanent residence (soggiorno permanente) that have retained these rights.  Anyone who was resident at 31st December and continues to be so thereafter has them. Permanent residence is a status which we are entitled to after 5 years residence: this was true before December 31st and remains true now under the Withdrawal Agreement. The rights of permanent residents are in some respects better than those of people with less than 5 years residence.
  • Being obliged to register as resident is nothing new and has nothing to do with Brexit. In Italy everyone, whether Italian national, EU citizen or extracomunitario, is obliged to register their residence.
  • Italy is in the process of issuing a carta di soggiorno to those of us covered by the Withdrawal Agreement.  It is not obligatory but British in Italy is strongly advising people to apply for it, as it is the best proof of our status when we are asked by any official for a ‘documento’.
  • None of this is to be confused with the situation of those who arrived in Italy after December 31st, or were not regularly resident at that date. Like all other non-EU citizens they are subject to the Schengen visa rule that they can only visit for up to 90 days in any period of 180, unless of course they have a visa to work, settle, study etc.

Anyone in Italy who needs help regarding their rights post-Brexit is advised to contact the British Embassy via their Living in Italy website

You can also contact the International Organisation for Migration by emailing [email protected] or calling 800 684 884.

Find more information on the British in Italy website and Beyond Brexit page.

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BREXIT

Frustration grows as UK driving licence holders in Italy wait in limbo

British nationals living in Italy are becoming increasingly concerned by the lack of news about a reciprocal driving licence agreement post-Brexit, and say the current 'catch-22' situation is adversely affecting their lives.

Frustration grows as UK driving licence holders in Italy wait in limbo

There is growing discontent among UK licence holders residing in Italy who are currently playing a waiting game on the validity of their driving licences.

Those who are driving in Italy on a UK-issued permit currently have just over six months left before their licence is no longer accepted on Italy’s roads.

READ ALSO: Driving licences: How does situation for Brits in Italy compare to rest of Europe?

That is, unless a deal is reached between the UK and Italy, or another extension period is granted.

Another extension would mark the third time the authorities have deferred making an agreement on UK driving licences in Italy.

When Britain left the EU at the end of 2020, British and Italian authorities hadn’t reached a reciprocal deal on driving licences.

However, UK licence holders living in Italy were granted a 12-month grace period in which they could continue to drive on their British licences in Italy.

With just days to go before the deadline in December 2021, those still using a UK licence were granted a reprieve when it was further extended for another 12 months until the end of 2022.

But the situation from January 1st, 2023, remains unknown.

In the remaining few months, British nationals driving in Italy who hadn’t converted their licence to an Italian one before January 1st, 2021 face the same choice again: wait and hope for an agreement or start the lengthy and costly process of taking their Italian driving test.

There is still no confirmation on reaching an agreement on driving licences. Photo by Miguel MEDINA / AFP

Many UK nationals have contacted The Local recently to express their frustration, anger and concern over the situation, explaining how the possibility of not being to drive in Italy would profoundly impact their lives.

For some, it would mean not being able to get to work, losing their independence, not being to reach supermarkets for the food shop in remote areas, or not being able to take their children to school.

And in the meantime, many readers told us it means ongoing worry and uncertainty.

Reader David (not his real name), who moved to the southern region of Puglia shortly before Brexit hit, tells us he now finds himself in a “horrible catch-22 situation”.

He summed up the feeling among many of those who contacted The Local by saying: “It is highly concerning and not at all helpful for mental or physical health in a period when we are trying to settle in to a new life in Italy.”

He points out that, for him, retaking his driving test and getting an Italian licence would also mean having to sell his car and buy one with a less powerful engine.

“I realise that if I pass the Italian driving test and obtain an Italian licence, then I will be a neopatente (new driver) with three years of serious restrictions,” he says.

READ ALSO: What you need to know about getting an Italian driving licence post-Brexit

Newly administered licences in Italy carry restrictions including on the maximum engine size of the car the holder may drive, tighter speed limits on the motorway and extra penalty points for breaking them.

“In this situation, I am honestly dis-incentivised to get the Italian licence unless there seriously is a real ‘no deal’ scenario on the table,” he says.

“Because if I get an Italian licence now – and of course I could choose now to invest a lot of time and money to get it – and then an agreement is reached to exchange licenses, then I might find myself in a worse position than if I just waited to do an exchange.”

“I am sincerely hoping for an agreement to be reached for experienced drivers with a UK licence.”

James Appleton lives in Milan and says he feels “frustrated about the situation”. Although he concedes that he lives in the city with all the convenience that implies, he is worried about having a car sitting outside his flat that he can no longer drive from January.

“The frustration now is with little over six months left of the year, advice from the authorities has continued to be quite unhelpful,” he tells us.

“We keep hearing, ‘consider your options’. I know my options: I have to start the process of taking a test, which is expensive and lengthy, and which may turn out to be unnecessary, or wait until the end of the year. Those have been my options for year and a half,” he adds.

Frustration for many British nationals still waiting on a post-Brexit driving licence agreement. Photo by ANDREAS SOLARO / AFP

“I feel very much in limbo. If it gets to November and we still haven’t heard anything, I risk having a car that I can’t drive from January as my licence may no longer be valid.

My hope would be if there’s not to be a deal, let us know so there’s time to take the test,” James says. “I don’t want to find out with a week to go, like last year.”

He points to the fact that many other non-EU countries have reciprocal driving licence agreements with Italy, so why not the UK? Meanwhile, Italy is one of only two countries in the EU still not to have made a deal on driving licences.

While he said he didn’t want to sound “entitled”, the lack of clarity was simply confusing.

READ ALSO: Q&A: Your questions answered about driving in Italy on a British licence

Like many others, he tried but didn’t manage to convert his British licence in time as he moved to Italy shortly before the Brexit deadline.

James registered as a resident in December 2020, leaving little time to begin the conversion process. He admitted it was partly his fault “for not having realised the consequences of what was going to happen”.

But “there are some people in a position where it wasn’t so straightforward to convert your licence,” he notes.

This was true for another reader, who wished to remain anonymous. She tells us that she tried to begin the conversion of her UK driving licence three times in Imperia, where she lives, but was told to “wait and see what is decided”.

“No one has taken a note of my requests and attempts so I cannot prove my attempts to get this sorted or listed,” she says.

READ ALSO: How to import your car or motorbike to Italy

In her case, it would therefore be difficult to prove that she began the conversion process before January 1st, 2021.

She also faced setbacks when trying to convert her licence in time after applying for residency before Brexit.

On being told that she needed her final ID card (carta d’identità) proving her residence, she returned to her town hall but couldn’t get the card for another seven months due to no appointments being available.

“Then I couldn’t get the licence exchanged as the person dealing with this was not at work on the day I went. I had to fly back to UK then Covid restrictions kicked in, hampering travel and by then UK was out of Europe and the Italian/UK driver’s licence issues remained unsolved,” she added.

The question on a UK-Italy driving licence agreement rolls on. Photo by FABIO MUZZI / AFP

So is there any hope that an agreement will be reached and those driving on a UK licence won’t need to sit an Italian driving test?

At this point there are no indications as to whether a decision will be reached either way. The British government continues to advise licence holders to sit their Italian driving test, while also stating that they’re working on reaching a deal.

The latest update to the driving guidance on the British government’s ‘Living in Italy’ webpage in January states:

“If you were resident in Italy before 1 January 2022 you can use your valid UK licence until 31 December 2022,” however, “you must exchange your licence for an Italian one by 31 December 2022. You will need to take a driving test (in Italian).”

The guidance then states: “The British and Italian governments continue to negotiate long-term arrangements for exchanging driving licences without needing to take a test.”

So far, so much conflicting advice, as many readers point out.

Of those who have decided to take the plunge and sit the Italian driving test, some say it’s “not as difficult as it sounds” while others report having trouble with the highly technical questions in the theory test, not to mention the fact that the test has to be taken in Italian.

If you speak French or German better than Italian, the test may be available in those languages – but not in English.

READ ALSO: Getting your Italian driving licence: the language you need to pass your test

“My question is why can’t you take your driving test in English? Adding it as an option for taking the test would help,” says Njideka Nwachukwu, who moved to Italy in 2019. She failed the theory test and has to try again, at a further cost.

Even if you find taking the test a breeze, the process is known to take around six months – if you pass everything first time – and to set you back hundreds of euros.

At the time of writing, neither Italian nor British government officials have given any indication as to if or when a deal may be reached, or an explanation of why the two countries have not yet been able to reach an agreement.

Nor has any explanation been given as to why this important aspect of life in Italy was never protected under the Withdrawal Agreement in the first place.

When contacted by The Local recently for an update on the situation, the British Embassy in Rome stated: “rest assured the Embassy continues to prioritise the issue of UK driving licence validity in Italy and we continue to engage with the Italian government on this issue.”

The Local will continue to ask for updates regarding the use of British driving licences in Italy.

Thank you to everyone who contacted The Local to tell us how they are affected by this issue, including those we couldn’t feature in this article.

Find more information on the UK government website’s Living in Italy section.

See The Local’s latest Brexit-related news updates for UK nationals in Italy here.

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