UK nationals who were lawfully living in Italy before January 1, 2021 may be protected by the UK–EU Withdrawal Agreement. Many received a five-year biometric Carta di Soggiorno, commonly known as the Brexit residence card.
As the first five-year cards approach expiration, holders should determine whether they need to renew their existing card or whether they have acquired permanent residence rights and can apply for a ten-year permanent residence card.
Reviewing the position before the card expires can help avoid practical difficulties with travel, employment, healthcare and proof of residence status.
My five-year Brexit residence card is expiring. What should I do?
Italy operates a declaratory system under Article 18(4) of the Withdrawal Agreement. This means that the residence card provides evidence of the rights arising under the Agreement. Holding a residence card does not, by itself, create those rights. Nevertheless, allowing the physical card to expire may cause avoidable practical problems when travelling or proving your status to public authorities and private organizations.
Therefore, if you hold a five-year Carta di Soggiorno issued under the Withdrawal Agreement, you should contact the Immigration Office of the competent Questura and review your eligibility before the card expires.
Renewal requirements and options
Depending on your residence history, you may need to:
- renew your five-year residence card; or
- exchange it for a ten-year permanent residence card if you have completed the required period of lawful and continuous residence in Italy.
Procedures and appointment systems differ among Questura offices. Our recommendation is to apply for renewal or exchange not later than 60 days before the card expires. In our practice, we noted that individual Questura offices may adopt different procedures and interpret document requirements differently. Therefore, if you are not assisted by a professional, we recommend contacting the locally competent Questura for guidance.
Can I apply for a permanent residence card in Italy?
You may qualify for permanent residence if you have completed five years of lawful and continuous residence in Italy under the Withdrawal Agreement.
Eligible applicants can request a permanent Carta di Soggiorno, generally valid for ten years for adults. The important point is that you do not need to wait for your existing five-year card to expire.
A qualifying Withdrawal Agreement beneficiary can ask the Questura to exchange a temporary five-year card for a permanent ten-year card as soon as the five-year residence requirement has been met.
The Italian Ministry of the Interior has also issued guidance to local authorities intended to facilitate:
- the issuance by the Comune of the attestazione di soggiorno permanente; and
- the exchange of five-year Brexit residence cards for permanent cards.
In our experience, the guidance above has been particularly relevant where a local office was unfamiliar with the exchange procedure or initially asked an applicant to wait until the current card expired.
Is five years of registration with the Comune sufficient?
Not necessarily in every case.
The relevant requirement is five years of lawful and continuous residence under the Withdrawal Agreement and the EU residence rules incorporated into it. An uninterrupted iscrizione anagrafica is important evidence, and often it is sufficient. However, it may not always resolve every question concerning the legal basis or continuity of residence.
Depending on the applicant’s circumstances and the records available, in some cases the competent authorities may request evidence relating to employment, self-employment, study, financial self-sufficiency, healthcare coverage or qualifying family status. The documents required should therefore be assessed in light of the applicant’s individual residence history and the policies of the competent Comune and Questura.
What documents will I need?
Requirements should always be confirmed with the competent Questura. The documents required depend on the type of application and the applicant’s circumstances. Common requirements include:
- a valid passport;
- the current Withdrawal Agreement residence card;
- recent passport photographs;
- evidence of residence in Italy;
- historical residence certificates or an attestazione di soggiorno permanente from the Comune;
- proof of €30.46 payment of the applicable government fee to produce the card (normally paid through a Poste Italiane branch, beneficiary account no. 67422402, payable to “MEF DIP.TO DEL TESORO VERS: DOVUTO RILASCIO CARTA DI SOGGIORNO”): and
- a €16 stamp (bollo), if required by the local Questura.
Possible additional requirements, based on local policies and specific personal circumstances:
- employment, self-employment, study, income or healthcare records;
- documents relating to qualifying family relationships;
- evidence explaining relevant periods spent outside Italy.
For a permanent residence application, it is advisable to reconstruct the entire five-year period before filing rather than relying exclusively on the date shown on the existing card.
Can absences from Italy affect my permanent residence application?
Yes. Periods spent outside Italy may affect whether residence is considered continuous.
Certain temporary absences are permitted under the applicable rules, and some longer absences may be accepted when supported by qualifying reasons. However, the outcome depends on the duration, frequency and reason for each absence.
Before applying for permanent residence, applicants should be prepared to show, if requested, a reliable timeline of their travel and residence history. Passport stamps, travel records, employment documents, medical records and other evidence may become important if the Questura questions continuity.
Are the procedures the same at every Questura?
No. The legal framework is national, but practical procedures can differ significantly.
Some Questura offices use the PrenotaFacile platform. Others accept appointments by email, certified email or through locally established procedures. Document lists, appointment availability and the practical interpretation of particular requirements may also vary.
For this reason, applicants should check the current instructions of the Questura responsible for their place of residence before preparing the application.
In our professional experience, understanding the practice of the specific Questura can be as important as identifying the legal rule. A document accepted by one office may need additional explanation or supporting evidence with another.
Why is it important to have a valid biometric residence card?
Although Italy’s Withdrawal Agreement system is declaratory, the biometric card provides clear and readily recognisable evidence of protected status.
A valid card can make it easier to demonstrate residence rights when:
- entering or leaving Italy;
- travelling within the Schengen area;
- dealing with an employer, bank or public authority;
- accessing healthcare or other services;
- distinguishing yourself from a short-term visitor subject to Schengen stay limits.
Under the European Entry/Exit System, a person who cannot readily demonstrate protected residence status could be incorrectly treated as a visitor or suspected of exceeding the permitted Schengen stay.
Renewing or exchanging the card before a problem arises is generally easier than having to establish the underlying residence rights during travel or an urgent administrative procedure.
What if I lived in Italy before 2021 but never obtained a Brexit residence card?
A UK national who was lawfully residing in Italy before January 1, 2021 may still be protected under the Withdrawal Agreement even if no biometric card was obtained. In our practice, we have assisted UK nationals in obtaining a Withdrawal Agreement residence card well after 2021.
In such cases it is crucial for the applicant to demonstrate that the applicable residence conditions were satisfied by the end of the transition period and continued to be satisfied thereafter. Evidence may include municipal registration, employment or self-employment records, tenancy or property documents, healthcare records and other proof of actual residence in Italy.
These applications usually require a more detailed review because the applicant cannot rely on an existing Withdrawal Agreement card as initial evidence of status.
Should I consult an Italian immigration lawyer before applying?
A straightforward renewal may not require legal assistance. However, identifying potential issues before filing may help prevent delays, requests for additional documents or the submission of the wrong type of application. A preliminary review may be useful where there are:
- substantial or repeated absences from Italy;
- gaps in municipal registration;
- incomplete historical records;
- changes in employment or economic status;
- questions concerning health insurance or self-sufficiency;
- family members with different residence histories;
- a previous refusal or difficulty with the Questura;
- uncertainty about whether to renew or apply for permanent residence;
- a preference for a professional review or assistance in preparing and organizing the application and supporting documents.
How can Studio Legale Metta assist?
The Italian immigration team at Studio Legale Metta assist UK nationals and their family members with residence rights protected by the Withdrawal Agreement.
Our lawyers can:
- assess eligibility for permanent residence;
- review periods of absence and continuity of residence;
- reconstruct and document the relevant residence history;
- identify the appropriate application;
- advise on the evidence requested by the competent Questura or Comune throughout Italy;
- assist with complications arising during the application process.
If your Brexit residence card is approaching its expiry date or if you have completed five years of lawful residence in Italy, you can book an immigration consultation to determine the appropriate next step before filing.
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