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Brit with Italy residence out of country >90days?

Brit with Italy residence out of country >90days?

Old Apr 7th 2021, 6:30 pm
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Default Brit with Italy residence out of country >90days?

I'd like to get some thought on the following situation.
I'm a British citizen and have Italian (permanent) residency.
In November last year I sold my Italy property with the intention to buy in Portugal. This isn't certain to happen.
So far I have been in Portugal for more than the 90 days in 180. I haven't been able to return to Italy due to travel-related restrictions.
Someone ( I think Modicasa) mentioned in another thread that if one is away for more than 6 months, they lose residency. (I had heard about this forfeiture period previously but thought it was 1 yr, - but never mind...)
I understand that the 90 days in 180d started on the 1 January '21. But the 6 mths started when I left in late November I assume...
So, returning to Italy will I likely have any immigration problems under the circumstances, and showing my various residency documents? (My passport wasn't stamped when I left, though I suppose its scanning will notify immigration of my departure date). I can try to get back within the 6 month period, if necessary, by having covid tests etc.
All input welcome.
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Old Apr 8th 2021, 6:10 am
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Default Re: Brit with Italy residence out of country >90days?

Two things, which may or may not help. Why would the 90/180 days start on Jan 1? If you arrive on 17 March, then you have to be out by 14 June and couldnt come back before 13 September and so on. Or did you mean the Brexit date? In that case the date was technically 1.jan 20 with the transtion period ending on 1 jan 21 - so whether it would be counted from november or jan 2 is anyones guess.
Secondly most of these things have been made more elastic due to Covid, with a complete pause on many things from 23 Feb 2020 to 31 Dec 2021 - which means the number of days doesnt matter in many circumstance, but obviously it would be nice to know whether it applies in your case. To be honest, I think youre more likely to have a possible problem in Portugal than in Italy about this...
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Old Apr 8th 2021, 8:49 am
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Default Re: Brit with Italy residence out of country >90days?

If you have permanent residence - ie you have been resident in Italy for more than 5 years as a UE citizen, you lose your right to residence only after 2 years absence. The months I was talking about was for people who hadnt been resident for 5 years or as EE citizens are subject to all the PdS restrictions.
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Old Apr 8th 2021, 9:19 am
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Default Re: Brit with Italy residence out of country >90days?

Thank you for the clarifications. Yes, I see your point re. Portugal and possible problems in future.

I understood the 90/180 arrangement for Brits came into effect on 1/1/21 .Maybe I've interpreted it wrongly. I found this site which seems to be referring to this - https://www.schengenvisainfo.com/new...orrow-april-1/

Could I ask - to your understanding , although I sold my Italy property, would this affect my Italy residency status in any way?
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Old Apr 8th 2021, 9:39 am
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Default Re: Brit with Italy residence out of country >90days?

How could you sell your house and keep permanent residence?
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Old Apr 8th 2021, 9:43 am
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Default Re: Brit with Italy residence out of country >90days?

Well, someone could sell a prop and then rent, or stay with someone , no?
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Old Apr 8th 2021, 10:25 am
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Default Re: Brit with Italy residence out of country >90days?

Well, if you sold you would have had to change your residency to a new address, (especially if your buyers have taken residency in the property), which presumably would start the clock ticking if you didnt do it, as you technically now don't have a residence. Are you getting residency in Portugal?
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Old Apr 8th 2021, 10:43 am
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Default Re: Brit with Italy residence out of country >90days?

Originally Posted by modicasa View Post
Well, if you sold you would have had to change your residency to a new address, (especially if your buyers have taken residency in the property), which presumably would start the clock ticking if you didnt do it, as you technically now don't have a residence. Are you getting residency in Portugal?
This was the intention but it seems likely that I might be returning to Italy, travel permitting.
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Old Apr 13th 2021, 11:48 am
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Default Re: Brit with Italy residence out of country >90days?

i have similar problem, resident in italy for more than 30 years, house owner for last 11 years, trying to sell house to move back to UK (medical reasons),stuck in UK since november until now. I was also stuck in UK from March to july 2020 (lockdown 1).
my commercialista tells me i should physically go to commune to cancel residence before mid year. i may not have sold house by then of course.
interesting entry from MODICASA (highly respected), How flexible are they regarding COVID impact on the normal way f things. At the start of this BoJo said no one would be penalised for obeying COVOD rules!
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Old Apr 13th 2021, 12:15 pm
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Default Re: Brit with Italy residence out of country >90days?

Is there a particular reason you were told mid-year? Could you not de-register by submitting a form remotely.? Seems strange this isn't possible even under normal circumstances.
Of course you could de-register but still own a prop to sell in future..
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Old Apr 13th 2021, 1:07 pm
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Default Re: Brit with Italy residence out of country >90days?

Yes, I dont understand the mid year thing either. You would have to file your Italian tax return for 2020 by June, but your 2021 liability kicked in on 1 January -and mustbe filed by June 2022. I cna see no reason wy you cant cancel your residence by email - none ofthe comune offices are open to the public anyway and they are all in 'smart' working. If you send an email to the IMU office and tell them that you have had to return to the UK and you want to be put as non resident on your IMU, tell the anagrafe that you have emigrated - thats all that really required. (The TARI will also have to be tweaked) but thats about it. I can no see no reason why the comune would require your presence to emigrate - its not a request like getting residency, its a declaration that you're leaving.
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Old Apr 13th 2021, 1:33 pm
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Default Re: Brit with Italy residence out of country >90days?

Originally Posted by modicasa View Post
I cna see no reason wy you cant cancel your residence by email - none ofthe comune offices are open to the public anyway and they are all in 'smart' working.
Depends where you live, our comune is open. Can't see why it cant be done be email though.
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