Guidance

Non-EU family members of UK nationals living in Italy

Published 2 August 2021

Non-EU family members

Part 2 of the Withdrawal Agreement protects the rights of UK nationals in Italy. This includes all UK nationals lawfully residing in Italy before 1 January 2021.

Close family members of UK nationals protected by the Withdrawal Agreement, including non-EU nationals, are also covered including those who arrive to settle in Italy from January 2021.

You will be allowed to join on the basis of current EU rules where the relationship existed before 1 January 2021 and where the relationship continues to exist at the time of moving to Italy.

Children born or adopted before or after 1 January 2021 to parents with rights under the Withdrawal Agreement are also protected.

Family members which are covered

• direct family members of UK nationals in scope of the Withdrawal Agreement (spouses/civil partners, dependent children and grandchildren and dependent parents and grandparents) if living in Italy before 1 January 2021. This includes non-EU nationals
• family members as defined above (including non-EU nationals) who live outside Italy if the relationship existed before 1 January 2021 and still exists when the person wishes to come join a UK national with residence rights under the Withdrawal Agreement in Italy
• children born to, or legally adopted by, UK nationals exercising their right to reside and frontier workers are in scope where:

1) both parents are covered by the Withdrawal Agreement, or

2) one parent is covered and the other is a national of Italy, or

3) one parent is covered by the Withdrawal Agreement and has rights of custody (unless the child is already a citizen of Italy)

• extended family members (including non-EU nationals) (durable partners, other family members dependent on members of the household of the UK national or where serious health grounds require the personal care of the family member by the UK national) whose residence has been facilitated or applied for before 1 January 2021
• durable partners (including non-EU nationals) who live outside Italy if the relationship existed at that date and still exists when the person wishes to come to Italy
• family members (including non-EU nationals) whose rights under the Withdrawal Agreement are obtained by virtue of their relationship with a UK national (who was living in Italy before 1 January 2021), will retain all those rights (including the right of residence) in full after the death of the UK national as long as the family member/s were living in Italy for at least a year before the death

Non-EU family members with a carta or Permesso di soggiorno

When your current ‘carta/permesso di soggiorno’ as a family member of a UK national expires, or by 3 August 2023 whichever is earlier, you should obtain the new Withdrawal Agreement ‘carta di soggiorno elettronica’ from your local immigration office ‘questura’.

You should take with you a copy of your UK national family member’s residency document and evidence of your relationship. The new biometric residency card (‘carta di soggiorno elettronica’) references the Withdrawal Agreement and is evidence of your rights.

All non-EU national family members of those in scope of the Withdrawal Agreement living in Italy with a current ‘carta/permesso di soggiorno’ should obtain the new ‘carta di soggiorno elettronica’ by 3 August 2023.

Check our Living in Italy page on gov.uk for updates.

Read:

• our detailed guidance on how to get the new biometric residence card
• the Italian government’s guidance on residency, which includes information on how to get the new ‘carta di soggiorno elettronica’ and the supporting documentation you need to provide

Non-EU family member arriving in Italy from 2021

From 2021 onwards, if you are a non-EU family member of a UK national who has rights under the Withdrawal Agreement, before travelling you should check with your local Italian Embassy or Consulate whether you need to apply for an entry visa to enter Italy. Under Article 14.3 of the Withdrawal Agreement, any entry visa must be issued free of charge as part of a fast track process.

You should request the new ‘carta di soggiorno elettronica’ from your local immigration office ‘questura’ within 90 days of arriving in Italy. You should take with you a copy of your UK national family member’s residency document and evidence of your relationship.

The new biometric residency card (‘carta di soggiorno elettronica’) references the Withdrawal Agreement and is evidence of your rights. You will not be able to work in Italy until you have obtained the new ‘carta di soggiorno elettronica’.

You should then register your residency with your local town hall (‘comune’) using your new ‘carta di soggiorno elettronica’.

The Withdrawal Agreement “Attestazione”

The Italian government previously provided a residency document for UK nationals and their family members to evidence their status under the Withdrawal Agreement. This Withdrawal Agreement ‘attestazione di iscrizione anagrafica’ refers to Article 18.4 of the Withdrawal Agreement. It is still available from the local town hall (‘comune’).

Non-EU family members of UK nationals living in Italy can obtain a Withdrawal Agreement attestazione.
When filling out the form for the Withdrawal Agreement attestazione tick ‘si’ under “Familiare di cittadino iscritto ai sensi dell’Accordo sul recesso.

Read the Italian government website for more information.

Further information and support

Check our Living in Italy page for updates and the Living in Europe page for general information if you have rights under the Withdrawal Agreement.

If you need additional support relating to your Withdrawal Agreement ‘carta di soggiorno elettronica’, read UK Nationals Support Fund guidance.