With the ratification and entry into force of the Withdrawal Agreement during the transition period, which begins from 1 February 2020 to 1 January 2021, Union law will apply to and in the United Kingdom in accordance with Part IV of the Agreement, more specifically Article 127, unless the Agreement itself provides otherwise. Unless an agreement is reached by 31 December 2020, UK citizens posted to Italy or in part-time employment in Italy will be subject to Italian social security from 1 January 2021. Italian social security can only be paid by the legal employer, so a UK employer posting workers to Italy may have to register a social security institution in Italy – meaning they will have to set up as an employer for social security purposes, which can be a long and complex process. It will be worrying whether Italians will demand apostilled documents from the UK after 1 January 2021. Our priority is to reach an agreement before the end of the grace period on 31 December this year. We will seek a mutual agreement to ensure that UK nationals who are not residents of Italy can continue to buy property in Italy. We will update these guidelines as information becomes available. For UK citizens registered in the Italian register (see Vademecum), Italy guarantees the protection of acquired rights after the end of the transitional period on the basis of a declaration procedure in accordance with Article 18.4 of the Withdrawal Agreement (“Issuance of residence documents”) and under the conditions laid down in Article 19 of the Agreement (“Issuance of residence documents during the transitional period”). Registration in the Italian register before 31 December 2020 and the provisions of the Withdrawal Agreement therefore allow you to enjoy the rights provided for in this Agreement. In practice, this means that during the transition period, EU rules on free movement and coordination of social security systems will continue to apply to Italian nationals in the UK and TO UK nationals in Italy.
Therefore, even though UK citizens in Italy are no longer EU citizens since the withdrawal date and Italian citizens in the UK no longer apply EU free movement rules in that country, they enjoy the same rights as under EU free movement law. This means that as of 1 February 2020, nothing has changed in the rights to free movement of citizens living in Italy and the UK (and their family members). Similarly, Italian and British citizens (and their family members) who do not currently reside in the United Kingdom and Italy respectively have the right to move and settle in Italy during the transition period when exercising their rights under Directive 2004/38/EC. This requirement continued to apply to British nationals and their family members during the transition period. Act CXLI 2020 on the right of residence of United Kingdom citizens and their family members with a view to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union amended Act I of 2007 on the entry and residence of persons with the right to move and reside freely, a new chapter was adopted. Under the new regulation, VA beneficiaries must apply for the new residency status. 1 See Foreign & Commonwealth Office, “Guidance: Living in Italy”: www.gov.uk/guidance/living-in-italy?utm_campaign=transition_p1&utm_medium=cpc&utm_source=seg&utm_content=eut_itukns_act0. a national of a country with which Italy has concluded a reciprocal agreement and who resides outside Italy In the absence of a social security agreement between the United Kingdom and the EU after 1 January 2021, the worst-case scenario could lead to the payment of Italian contributions, involving British employers in potentially lengthy and complex social security registration procedures. 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 right to free movement). .
