On March 26, 2019, following Government approval, the Law Decree n. 22 outlining the transitory discipline in case of a Brexit-No-Deal entered into force, with the publishing in the Official Journal. The main provisions characterising the discipline are as follows:
For British Nationals residing in Italy for 5 years or more at the date of Brexit
BN can apply for an EC residence permit for long term residents until December 31, 2020. BN lose their new status if they are away from the EU for a year, or away from Italy for over 6 years. In calculating the 5 years of residence for the new long term residence status, BN are only permitted to have been away from Italy for periods not exceeding 6 months individually, a cumulative of 10 months in the 5 years.
For British Nationals who lack 5 years of residence in Italy at the date of Brexit
BN can apply for a temporary “residence permit” with valid for a 5 years and renewable.
For British Nationals who have a residence permit and 5 years of legal residence at the date of Brexit
BN can apply for an EC residence permit for long term residents until December 31, 2020. Any British National who does not apply by December 31, 2020 to change his/her status in accordance with above provisions, will be subject to the laws requiring visas, work permits, etc. applicable to all other third-country nationals.
With regard only to Healthcare, EU Regulation 883/2004 on the coordination of social security systems will apply, subject to the reciprocity condition for those Italian nationals in the UK, until December 31, 2020. Therefore BN will remain enrolled at ASL (Local Health Authority) and enjoy the benefits of the SSN (national health system). For Expats employees, the home country employer will need to procure the S1 form.