Citizens' rights after January 31, 2020

With the ratification and entry into force of the Withdrawal Agreement, during the transition period, which starts on 1 February 2020 until 1 January 2021, EU law is applicable to and in the United Kingdom, in accordance with Part IV of the Agreement and more specifically Article 127 - unless otherwise provided for by the agreement itself.

In practice, this means that during the transition period EU rules on free movement and social security coordination continue to apply to Italian citizens in the United Kingdom and to British citizens in Italy. Therefore, even if since the date of withdrawal British citizens in Italy are no longer EU citizens and to Italian citizens in the United Kingdom no longer apply the rules of EU free movement in that country, they are enjoying the same rights which they enjoyed under the EU legislation on free movement. This means that on 1 February 2020 nothing has changed with regard to the free movement rights of citizens (and their family members) living in Italy and the United Kingdom. Similarly, Italian and British citizens (and their family members) currently not resident in the United Kingdom and Italy respectively will have the right, in exercising their rights under Directive 2004/38 / EC, to move and settle in Italy during the transitional period.

At the end of the transition period, the rights of British citizens and their families will be governed by Part II of the Withdrawal Agreement (with the exception of Italian / British citizens who have never exercised their rights of free movement). The preamble of the withdrawal agreement acknowledges the objectives of the Part II, in particular the aim of protecting Eu and UK citizens (as well as their respective family members) in the event that they exercise their rights of free movement before the end of the transition period, and that their rights are exercisable and based on the principle of non-discrimination, including those rights deriving from periods of insurance covered under social security schemes, according to articles 30-36 of the withdrawal agreement.

For British citizens registered in the Italian registry (see vademecum), once the transition period has expired, Italy will guarantee the protection of acquired rights on the basis of a declarative procedure pursuant to art. 18.4 of the withdrawal agreement ("Issuance of residence documents") and under the conditions set out in Article 19 of the agreement (“Issue of residence documents during the transition period”). Registration in the Italian registry by 31 December 2020 and the provisions of the withdrawal agreement will therefore allow you to enjoy the rights provided for in this agreement.

For Italian citizens residing in the United Kingdom, pursuant to art. 18.1 of the Withdrawal Agreement there is an "EU Settlement Scheme (Settled Status and Pre-Settled Status)", which is an administrative measure introduced by the UK government to allow European citizens to continue to legally reside in the UK after its exit from the EU.

Pubblicato il: 1 Ottobre 2020
Aggiornato il: 1 Ottobre 2020