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Brexit: Applying for Italian Residence and Attestazione di Iscrizione Anagrafica.

Brexit: Becoming an Italian residentBecoming an Italian resident: The UK government has said it has no intention of extending the transition period, due to end on 31st December, 2020.

Downing Street has insisted that an extension would, “prolong the delay and uncertainty” around Brexit.

As a UK national, you still qualify for the same rights as an EU national until 31st December 2020. If you plan to reside in Italy after 31st December 2020, you will need to take action with your local municipal registry office before the end of 2020. To be precise:

  • UK nationals who are not currently resident in Italy, have the right to apply for Italian residency until 31st December 2020.
  • UK nationals who have been resident in Italy for at least 5 years, are entitled to apply for a document called an “Attestazione di Soggiorno Permanente“.
  • In line with the terms and conditions of the UK Withdrawal Agreement, which came in to effect when the UK left the EU on January 31st 2020, UK nationals who become resident before 31st December, 2020 should apply for a document called an “Attestazione di Iscrizione Anagrafica“.

You can apply for Italian residency, Attestazione di Soggiorno Permanente and Attestatazione di Iscrizione Anagrafica at your local municipal registry office (Anagrafe di comune).

The COVID-19 (Coronavirus) health emergency has closed many Italian municipal registry offices over the past few months. However, as some COVID-19-related restrictions are eased, most municipal registry offices across Italy are now open again.  Contact your local comune and/or check your local comune website for details.

Apply for Italian Residence

As an EU national, if you wish to remain in Italy for longer than three months, you are required to register as an Italian resident. To do this, supporting documents required could include:

  • Proof of identity
  • Evidence of employment or self-employment
  • If you are living in Italy funded by other means than work, then you need to demonstrate that you have sufficient financial resources (see table below) and valid health insurance so as to not become a burden on the state
  • If you are a student, you will need to provide evidence that you are enrolled in an educational establishment and have sufficient financial resources (see table below) and valid health insurance so as to not become reliant on the Italian state.

 Attestazione di Soggiorno Permanente

As an EU national, you automatically acquire the right of permanent residence in another EU country if you have lived there legally for a continuous period of 5 years. To evidence this, we recommend that you obtain an Attestazione di Soggiorno Permanente before 31st December 2020.

To do this, you will need to submit proof that you have been legally resident in Italy for 5 years. The same rights apply to your family members. They are also entitled to an Attestazione di Soggiorno Permanente if they have legally resided in Italy with you for a continuous period of 5 years.

Having an Attestazione di Soggiorno Permanente can facilitate dealings with Italian authorities and be useful for administrative formalities. For example, having an Attestazione di Soggiorno Permanente means that Italian authorities may no longer require you to prove that you have a job or sufficient financial resources. Or, if you move from one Italian municipality to another, you have proof that you are already a permanent resident in Italy.

You will need to provide supporting documents with your application for an Attestazione di Soggiorno Permanente. The type of supporting documents will depend on your local comune and your situation.

If you are employed, supporting documents could include:

  • last pay slip
  • receipt of payment of contributions to INPS
  • employment contract containing INPS and INAIL identifiers
  • notification of employment to the Employment Centre
  • receipt of notification to INPS of an employment relationship
  • prior notification to INAIL of an employment relationship

For the self-employed, supporting documents could include:

  • certificate of registration with your local Chamber of Commerce and/or Chamber of Commerce certificate of VAT registration
  • copy of your registration with a professional organisation

If you are living in Italy funded by other means than work, you will need to provide proof that you have sufficient financial resources to support yourself and your family members without using the Italian welfare system. The type of support documentation you require might include:

  • utility bills
  • rental contract
  • bank statements
  • tax returns
  • evidence that you have annual income or accumulated capital, approximately equivalent to:
Number of people in household Amount required to support household (p.a)
1 € 5.818,93
2 € 8.728,39
3 € 11.637,85
4 € 14.547,31
5 € 17.456,77
6 € 20.366,23

In accordance with Italian law (artt. 46 o 47 del d.P.R. n. 445/2000), you may be able to make a self-declaration (Dichiarazione Sostitutiva). This will state that you have sufficient financial resources from legitimate sources to maintain yourself, and members of your household, without having recourse to the Italian welfare system.

It should be noted that the Italian authorities may check your self-declaration and that it is a criminal offence to make a false statement. Some municipalities may have self-declaration forms available to help applicants.

Withdrawal Agreement: Attestazione di Iscrizione Anagrafica application processes vary from Comune to Comune.

Many Italian municipalities have made provisions to deal with applications for Attestazione di Iscrizione Anagrafica from UK nationals. Some already have processes and systems in place, others do not.

An Attestazione di Iscrizione Anagrafica document is linked to the Withdrawal Agreement. The Italian government has issued a decree, which includes a template for local municipalities to use for this particular purpose.

An Attestazione di Iscrizione Anagrafica provides a legal right to live and work in Italy and assures that you will be protected under the terms of the Withdrawal Agreement; it confirms your right to live in Italy without any conditions, even though you already live here permanently.

In order to obtain an Attestazione di Iscrizione Anagrafica, you may be asked to submit proof that you are legally resident in Italy. The same rights apply to your family members. They are also entitled to a Attestazione di Iscrizione Anagrafica.

An Attestazione di Iscrizione Anagrafica is a document that you should obtain in addition to your existing residency paperwork. You should not relinquish any residency-related paperwork in exchange for an Attestazione di Iscrizione Anagrafica.

Finally…

We understand that Italian residency matters can be confusing and daunting.  If you have any questions about what action you should take or if you need help registering as an italian resident, applying for an Attestazione di Soggiorno Permanente or obtaining an Attestazione di Iscrizione Anagrafica, get in touch with us and we can assist you.

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