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How to get the new piece of Brexit paperwork all Brits in Italy need

If you're a Brit who's resident in Italy, there's one more piece of paperwork you should get in order before the Brexit transition period ends.

How to get the new piece of Brexit paperwork all Brits in Italy need
Brits living in Italy should prepare for another visit to the town registry office to get their paperwork in order. File photo: Andreas Solaro/AFP

*Note: This article is no longer being updated. Please see the latest news on Brexit and the necessary paperwork here.*

The new document is called the ‘attestazione di iscrizione anagrafica‘, and all UK nationals living in Italy are advised to get it – even if they’re already registered as a resident with their local town hall.

In other words, even if you already have a ‘certificato di residenza‘ (certificate of residence), an ‘attestazione di regolarità di soggiorno‘ (declaration of legal residence) or an ‘attestazione di soggiorno permanente‘ (declaration of permanent residence), you should still get the new document as well.

READ ALSO: Just how guaranteed are the rights of Britons living in Europe?

That’s because the latest attestazione, unlike other residency documents, specifically states that you are covered by the Withdrawal Agreement between the UK and the EU.

That makes it the simplest way to prove that you are entitled to keep all your current rights in Italy after the Brexit transition period ends on December 31st 2020.

The good news is that requesting the new document is fairly straightforward. Here’s how to do it.

Step 1: Register for residency

You must be a registered resident of Italy before you can get the Withdrawal Agreement residency document, so the first thing to do is go to your local comune (town hall) and register with the anagrafe (registry office). 

You’ll need to demonstrate that you’re living lawfully in Italy, have the means to support yourself and an official address. British nationals can continue to apply for residency in Italy on the same terms as any other EU national until the end of 2020.

Find a detailed guide to registering your residency in Italy here.

Step 2: Ask the anagrafe

If you’re registering in Italy for the first time, you can request the Brexit residency document at the same time as you apply for residency and receive your ‘certificato di residenza‘.

If you’re already a resident, you should go back to the anagrafe where you’re currently registered and ask them to provide your ‘attestazione di iscrizione anagrafica‘.

Some comune may provide a special form to request the document, or ask you to make an appointment in advance. Call ahead or check your town hall’s website first.

You will need:

  • Your British passport or Italian ID card;
  • Two ‘marche da bollo’ (revenue stamps) of €16 each, available at a newsagent;
  • Administrative fees (‘diritti di segreteria‘) of 0.52 cents, payable at the comune.

You are not required to show additional proof of residency or any other documents.

You should be given a form that looks like this, stating when you were registered in your comune‘s official residency records:

Make sure that the document includes a reference to to Article 18.4 of the Withdrawal Agreement (in Italian: ‘articolo 18.4 dell’Accordo sul recesso del Regno Unito e dell’Irlanda del Nord dall’Unione Europea‘).

Note that it only shows how long you’ve been resident in your current comune, so if you originally registered in a different town in Italy it will not show how long you have been a resident in total.

That could be a problem if you’re seeking to prove that you’ve lived in Italy for five consecutive years or more in order to get permanent residence. In that case you’ll need to show all your previous residency certificates, if you still have them, or request historic residency certificates from your former comune/i or via a private document service. 

Find more information about claiming permanent residence here.

The new attestazione does not replace any of your current residency documents, so you should keep hold of all the records you already have. The anagrafe should not ask you to hand them over in exchange for the new document.

Watch the British Embassy’s video guide to requesting your attestazione:

What if my comune refuses to issue the new attestazione?

Some residents have reported difficulties obtaining the Brexit residency document due to confusion over who needs it and how to issue it.

It might be helpful to take a copy of the instructions with you to the anagrafe. The following resources are available in Italian:

If you continue to have problems, you can contact the International Organisation for Migration’s support service for UK nationals in Italy by calling 800 684 884 or emailing [email protected].  

Do I have to get a new attestazione if I change address?

According to the British Embassy: “Our understanding is that you do not need to obtain a second attestazione. However, we are seeking clarification from the relevant Italian ministry.”

Further updates will be posted on the UK government’s Living in Italy online guide. 

In the meantime, you should inform the relevant comune of your new address as usual. 

What about dual nationals and non-British family members?

Dual Italian-UK nationals do not need to request the new document in order to keep the right to live and work in Italy. (The same goes for any UK national with dual EU citizenship, including from a country other than Italy.)

But they may choose to do so if they have moved to Italy from the UK and wish to protect additional rights such as transferring social security contributions, claiming an uprated UK state pension and keeping reciprocal healthcare cover.

READ ALSO: 

People who are living in Italy as the family of a British national, and are neither a UK or EU national themselves, should request the new attestazione. You will tick for the option that asks if you’re the family member of a British citizen registered as a resident in Italy and covered by the Withdrawal Agreement. 

If that’s your case, don’t forget to get all your other paperwork in order too, including applying for a new ‘titolo di soggiorno‘ (residence permit) if necessary. 

Find all The Local’s Brexit updates here.

Member comments

  1. I just went to the comune today and obtained the attestazione. They did ask me for proof of medical insurance. I pay voluntary INPS so just showed them my Tessera Sanitaria which did the trick. They did not charge me the 52 centesimi!

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EUROPEAN UNION

Non-EU family members of EU citizens can obtain long-term residence, court rules

The Court of Justice of the European Union has ruled that non-EU citizens who have residence rights in an EU country as family members of an EU national can acquire EU long-term residence.

Non-EU family members of EU citizens can obtain long-term residence, court rules

EU long-term residence is a legal status that non-EU citizens can obtain if they have lived continuously in an EU country for at least five years, have not been away for more than 6 consecutive months and 10 months over the entire period (although the rules are different for Britons covered by the Withdrawal Agreement), and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as knowing the language.

Long-term residence status grants equal treatment to EU nationals in areas such as employment, self-employment or education, as well as the possibility to move to other EU countries under certain conditions. 

But the procedure to get this status is not always straight-forward.

In this case, a Ghanian national who had a residence permit in the Netherlands because of a ‘relationship of dependency’ with her son, a Dutch citizen, saw their application for EU long-term residence refused.

The Dutch authorities argued that the residence right of a family member of an EU citizen is ‘temporary in nature’ and therefore excluded from the EU directive on long-term residence.

The applicant, however, appealed the decision and the District Court of The Hague referred the case to the EU Court of Justice for an interpretation of the rules.

On Wednesday the EU Court clarified that non-EU family members of EU citizens who live in the EU can indeed acquire EU long-term residence.

The EU long-term residence directive excludes specifically third-country nationals who reside in the EU temporarily, such as posted workers, seasonal workers or au pairs, or those with a residence permit that “has been formally limited”.

A family member of an EU citizens does not fall into this group, the Court said, as “such a relationship of dependency is not, in principle, intended to be of short duration.”

In addition, EU judges argued, the purpose of the EU long-term residence directive is to promote the integration of third country nationals who are settled in the European Union.

It is now for the Dutch court to conclude the case on the basis of the Court’s decision, which will apply also to the other EU member states.

The European Commission proposed in April to simplify the rules on EU long-term residence, especially when it comes to obtaining the status, moving to other EU countries and the rights of family members. 

These new measures are undergoing the legislative procedure have to be approved by the European Parliament and the EU Council. These rules also concern Britons living in the EU as family members of EU citizens.

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