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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?
What happens if you overstay your 90 day limit in Italy? Photo by Armando BABANI / AFP.

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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BREXIT

‘So stressful’: How Italy-UK driving licence fiasco threatens couple’s Tuscan dream

One couple from Manchester found the home of their Tuscan retirement dreams, but the stalemate over a UK-Italy driving licence agreement is throwing their future into question.

'So stressful': How Italy-UK driving licence fiasco threatens couple's Tuscan dream

Iain and Lynn Gosling lived and worked all their lives in and around Manchester – at a bank, where they met, then in various schools – but had always dreamed of retiring in Tuscany.

In 2018, with the Brexit clock ticking, they decided to take the plunge, and after a lengthy Place in the Sun-style hunt, they finally found their ideal home.

The podere (farmhouse) they chose just outside the town of Pomerance, in the province of Pisa, checked all their boxes: it had an olive grove, was close enough to the beach, had a friendly local community, and the town was particularly invested in green energy, sourcing most of its power from renewables.

Most importantly, it was just over an hour’s drive from Pisa airport, meaning they could regularly go back and visit family in the UK.

READ ALSO: ‘We bought the cheapest house in Piedmont and live mortgage free’

“We’d holidayed in Tuscany for 20 years, and the views and everything were even better than where we’d been holidaying. So we kind of thought we struck gold really,” says Lynn.

“When we saw it, we just knew, and when we went into the town it was such a good, welcoming feeling.”

Iain and Lynn's podere in Pomerance.

Iain and Lynn’s podere in Pomerance. Source: Iain Gosling.

The couple began building a new life, learning Italian and befriending local residents. They were careful to take the necessary steps to secure their future in Italy before the Brexit deadline, registering with the town hall and later obtaining carta di soggiorno residency cards.

But – like many other British nationals in Italy – the pair didn’t anticipate that almost two years on from Brexit, negotiations for a reciprocal driving licence agreement between the two countries would have stalled. It’s an ongoing state of limbo that threatens to make their retirement dream unworkable.

While with hindsight the pair would have exchanged their driving licences before the Brexit deadline, they believed a deal would soon be reached – especially as the UK allows EU licence-holders to drive with almost no restrictions.

“If we cannot drive in the short term, I’m sure we can find a way round it somehow,” says Iain. “Longer term? No, not really.”

READ ALSO: Do you have to take Italy’s driving test in Italian?

A 12-month grace period granted in 2021 is due to expire in January unless an agreement is reached, forcing UK drivers to choose between taking an Italian driving exam that could well turn out to be unnecessary, or gambling on a last-minute deal that risks leaving them without a valid licence if it doesn’t materialise.

For Iain and Lynn, who live a four-minute drive from the town on hilly country roads without access to public transport or pavements, it doesn’t feel like much of a choice.

“I’d be absolutely lost without driving,” says Lynn, who judges that without a car the couple would have to make daily hour-long round walks into town to buy basic necessities.

They decided that Iain would take the exam so that at least one of them would still be able to drive in the absence of a deal, and booked his theory test for November to give him time to prepare.

As a minimum of 32 days must pass between passing the theory test and sitting the practical exam, he’ll only just secure his Italian licence in time in the event that there’s no agreement – if he manages to pass both on the first go.

READ ALSO: Some of the best learner sites for taking your Italian driving test

Iain and Lynn outside their Tuscan farmhouse.

Iain and Lynn outside their Tuscan farmhouse. Source: Iain Gosling.

“So – no pressure on the theory test,” says Iain, who plans to fly back early from Christmas holidays in the UK to sit his practical exam if he succeeds in passing the former.

The couple know they could have begun the process earlier. But the test requires answering the same theory questions as a native Italian speaker and a taking mandatory six hours of practical lessons, and it isn’t cheap – Iain and Lynn estimate the total cost to be just under €1,000.

What’s more, those who pass an Italian driving test are classed as new drivers (neopatentati) for three years, which comes with a range of restrictions on speed limits and vehicle engine size, and a zero tolerance policy on alcohol.

READ ALSO: Driving licences: Are the UK and Italy any closer to reaching an agreement?

All this has made taking the test a last resort for people who believed the UK and Italian governments would have reached an agreement by this point – or have at least issued clear guidance as to what action UK licence-holders should take.

The UK’s ambassador to Italy stresses that negotiations continue – though has encouraged British residents to book an Italian driving test.

A spokesperson for the British Embassy in Rome told The Local in October: “Since August we have continued and intensified further our work with our Italian colleagues and have made progress towards our shared objective.”

Lynn says: “Over the last six months it was very optimistic, everything we were hearing. It’s just in the past two months that we’ve thought, well, wait a minute.”

If Iain doesn’t manage to pass the test before the deadline and no deal is reached, “we are stuck,” he says.

“This situation is so stressful.”

READ ALSO: How UK drivers in Italy face new problems after passing Italian driving test

The couple fear that without the ability to drive, their current lifestyle would be unsustainable.

“You wake up thinking about it, and you go to bed thinking about it,” says Lynn. “Anxiety, that’s how it makes you feel.”

“Someone will turn around and say, well why didn’t you take your driving tests 12 months ago so you’re not in this situation?” says Iain. “But if all the signs were encouraging from the ambassador, we thought well OK, we can keep our benefits here and we don’t want to lose them.”

While the embassy insists that negotiating the agreement is its top priority, Iain worries that the recent political upheaval in both the UK and Italy has pushed the issue on to the back burner.

“We have no choice but to have faith in our British representatives to deliver and soon too, because the previous regulation extension was far too late,” Iain says. “We need to know now so we can make definite plans and contingencies.”

Despite the stress, Iain and Lynn are determined to do all they can to find a way to remain in Pomerance, where they say they’ve been embraced by local residents and have become good friends with their Italian neighbours who occupy the other half of their semi-detached property.

“We don’t want to give this up,” says Iain. “We love it here and we want to stay.”

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