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Reader question: Can I stay more than 90 days in Italy due to travel restrictions?

Travel has been heavily restricted around most of the globe for the past year, so are immigration authorities relaxing the rules about how long visitors can stay in Italy?

Reader question: Can I stay more than 90 days in Italy due to travel restrictions?
Will Italian authorities go easy on people who overstay in Italy due to the Covid-19 pandemic? Photo: Filippo Monteforte/AFP

Reader question: We are British and travelled to our second home in Italy in December when it was allowed to do so. Since then travel restrictions have been tightened and several of our flights have been cancelled so we have holed up here. But now the 90-day rule is in force will we have to leave by the end of March or has the rule been waived because of the difficulties in travelling?

Many people’s travel plans have been thrown into disarray over the last year. For many that has made trips to Italy impossible, while others have ended up staying longer than they planned.

But however topsy-turvy the world has become, there are still limits on how long certain groups can stay in the country.

For people who are not EU citizens – which from January 1st 2021 includes UK nationals – the 90-day rule comes into play.

You can find an explanation of how it works HERE, but essentially it limits trips into the Schengen zone to 90 days out of every 180. People who want to stay longer than 90 days in every 180 must apply for a visa (find out about the visas available to Brits HERE).

READER QUESTIONS:

So have these limits been waived during the Covid crisis?

The EU has issued some general advice on this, encouraging member states to grant extensions where necessary and waive sanctions on people who have overstayed due to travel restrictions.

For nationals of visa-waived third-countries who are compelled to stay beyond the extended 90/180 days, the competent national authorities should extend the validity of the authorisations for legal stay, issue a new one or take other appropriate measures that ensure a continued right to stay on their territory,” the European Commission recommends. This includes citizens of the UK, who don’t need a visa to enter Italy for a 90-day tourist visit.

“Overstays due to the temporary travel restrictions should not be taken into account during the processing of future visa applications,” the Commission says.

As ever, though, decisions on border issues remain with national governments within the EU.

Italian authorities have extended out-of-date visas and residence permits several times over the past year to reflect the difficulties of getting immigration paperwork processed during a public health emergency. Under its current emergency rules, expired permessi di soggiorno (residence permits) are valid until April 30th 2021.

But the rules are less clear for people who entered the country without a visa for what was only supposed to be a short stay and therefore do not have immigration papers.

READ ALSO: Why some Britons will have to leave EU countries by March 31st

The Local recently put this question to the British Embassy in Rome, who told us: “Any stays beyond the 90 days in any 180-day period will be dependent on the applicable visas and immigration rules of each EU member state. This may require applying for a visa and/or permit.

“British nationals should direct any queries on possible extensions to their length of stay with the local questura and be prepared to provide any extra documentation that may be required. 

“The Schengen Borders Code governs the rules for entry and exit in the Schengen Area for third-country nationals. Member State border forces are responsible for the implementation of the rules, including in emergency cases.

“The Foreign, Commonwealth & Development Office is not in a position to comment on the enforcement or penalty policies of Schengen Area Member States. However, further information on the Schengen Borders Code is available on the European Commission’s website.  

“British nationals should discuss the specifics of their situation with their local questura (immigration office).”

Q&A: The British Embassy answers your questions about life in Italy after Brexit

If you decide it’s wisest to return to the UK, remember that Italy’s restrictions allow people to travel home if necessary.

While Italian residents are not allowed to visit the UK for tourism, people who live, work or study in the UK can travel there from Italy. The same applies to all non-EU countries on which Italy has travel restrictions.

In order to travel you will need extra paperwork and, depending on your destination country, a negative Covid test. Find more information on the rules HERE

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VISAS

What is the EU’s ‘single permit’ for third-country nationals and can I get one?

In 2020, 2.7 million non-EU citizens were issued a so-called "single permit" to both reside and work in the EU. But what is the single permit, how does it work and what could change in the future?

What is the EU's 'single permit' for third-country nationals and can I get one?

Among the recent proposals made by the European Commission to simplify the procedures for the entry and residence of non-EU nationals in the European Union, there is the reform of the ‘single permit’.

In 2020, 2.7 million non-EU citizens were issued a ‘single permit’ to both reside and work in the EU, according to the European statistics agency Eurostat. Five countries together issued 75% of the total, with France topping the list (940,000 permits issued), followed by Italy (345,000), Germany (302,000), Spain (275,000) and Portugal (170,000).

Seven in 10 single permits were granted for family and employment reasons (34 and 36 percent respectively) and just less than 10 percent for education purposes.

But what is this permit and how does it work?

What is the EU single permit?

The EU single permit is an administrative act that grants non-EU citizens both a work and residence permit for an EU member state with a single application.

It was designed to simplify access for people moving to the EU for work. It also aims to ensure that permit holders are treated equally to the citizens of the country where they live when it comes to working conditions, education and training, recognition of qualifications, freedom of association, tax benefits, access to goods and services, including housing and advice services.

Equal conditions also concern social security, including the portability of pension benefits. This means that non-EU citizens or their survivors who reside in a non-EU country and derive rights from single permit holders are entitled to receive pensions for old age, invalidity and death in the same way as EU citizens.

The single permit directive applies in 25 of the 27 EU countries, as Ireland and Denmark have opted out of all EU laws affecting ‘third country nationals’.

Who can apply for a single permit?

The directive covers non-EU nationals who apply to reside in an EU country for work or who are already resident in the EU for other purposes but have the right to access the labour market (for instance, students or family members of a citizen of the country of application).

As a general rule, these rules do not apply to long-term residents or non-EU family members of EU citizens who exercise the free movement rights or have free movement rights in the EU under separate laws, as their rights are already covered by separate laws.

It also does not apply to posted workers, seasonal workers, intra-corporate transferees, beneficiaries of temporary protection, refugees, self-employed workers and seafarers or people working on board of EU ships, as they are not considered part of the labour market of the EU country where they are based.

Each country can determine whether the application should be made by the non-EU national or the employer or either of them.

Applications from the individual are required for the Czech Republic, Estonia, Finland, Germany, Hungary, Luxembourg, Malta, Poland, Romania, Slovakia, Sweden. For Bulgaria and Italy it is the employer who has to apply, while applications are accepted from either the recipient or the employer for Austria, Croatia, Cyprus, France, Lithuania, the Netherlands, Portugal, Slovenia and Spain.

How long does it take to process the application?

The EU directive says the competent authority must decide on the application within 4 months from the date it was lodged. Only in exceptional circumstances the deadline can be longer.

Where no decision is taken within the time limit, national law determines the outcome. In some EU countries (including France, Italy and Spain) this is a tacit rejection while in others it is a tacit approval.

If the application is incomplete, the authority should notify the applicant in writing specifying which additional information is needed, and the time count should be suspended until these are received.

In case of rejection, the authority must provide the reasons and there is a possibility to appeal.

How does it work in practice?

Although the intention of the directive was to simplify the procedure and guarantee more rights, things always get complicated when it’s 25 countries turning rules into reality.

A 2019 report of the European Commission on how this law was working in practice showed that the directive “failed to address some of the issues it proposed to solve”.

The Commission had received several complaints and launched legal action against some member states.

Complaints concerned in particular excessive processing times by the relevant authorities, too high fees, problems with the recognition of qualifications and the lack of equal treatment in several areas, especially social security.

Only 13 countries allowed the transfer of pensions to non-EU countries. In France, invalidity and death pensions are not exportable to non-EU states. Problems were identified also in Bulgaria, the Netherlands and Slovenia.

In Italy single permit holders were excluded from certain types of family benefits and it was the EU Court of Justice that ruled, in September 2021, that single permit holders are entitled to a childbirth and maternity allowances as provided by Italian laws. The EU Court also rules that Italy and the Netherlands were charging too high fees.

Sweden restricts social security benefits for people living in the country for less than one year and takes too long to process single permit applications, according to the report.

Generally the report found that authorities were not providing sufficient information to the pubic about the permit and associated rights.

What will change?

As part of a package of measures to make working and moving in the EU country easier for non-EU nationals announced at the end of April, the European Commission has proposed some changes to improve the situation.

The Commission has suggested shortening the deadline for member states to issue a decision ensuring that the 4 month limit covers the issuing of visas and the labour market test (to prove there are no suitable candidates in the local market).

Under the proposal, fees should be proportionate and candidates should be able to submit the application both in the member state of destination and from a third country.

In addition, permit holders should be able to change employer during the permit’s validity, and the permit should not be withdrawn in case of unemployment for at least 3 months. These measures should reduce vulnerability to labour exploitation, the Commission says.

The Commission also suggests member states should introduce penalties against employers who do no respect equality principles especially with regard to working conditions, freedom of association and affiliation and access to social security benefits.

These proposals have to be approved by the European Parliament and Council and can be modified before becoming law.

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