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Getting residency before Brexit

Getting residency before Brexit

Old Sep 29th 2020, 7:56 am
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Default Getting residency before Brexit

Hi
We want to reserve our rights to stay in Italy after Brexit, thus planning to move there and apply for the residency.
We found a nice furnished apartment that we would like to rent, but the agency says that the rent is up to 1 year, i.e it's not 4+4 contract.
Can this impact our rights to stay? What is the duration of the temporary residency that Anagrafe usually issues?

Thank you
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Old Sep 29th 2020, 8:27 am
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Default Re: Getting residency before Brexit

Originally Posted by ExpIt View Post
Hi
We want to reserve our rights to stay in Italy after Brexit, thus planning to move there and apply for the residency.
We found a nice furnished apartment that we would like to rent, but the agency says that the rent is up to 1 year, i.e it's not 4+4 contract.
Can this impact our rights to stay? What is the duration of the temporary residency that Anagrafe usually issues?

Thank you
Are you planning on being here and taking up the rental contract before December 31st?
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Old Sep 29th 2020, 8:47 am
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Default Re: Getting residency before Brexit

Originally Posted by Lorna at Vicenza View Post
Are you planning on being here and taking up the rental contract before December 31st?
Of course
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Old Sep 29th 2020, 4:30 pm
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Default Re: Getting residency before Brexit

I don't think it matters. Of course, many people have had different experiences with their commune in the past (as you can probably see from various previous threads on this subject), and you might find instances where people found this to be a problem. But the law is quite clear. Anyone who stays in Italy for more than 90 days MUST register their residency with the anagrafe. We had a one year rental agreement when we applied for residency - and it was no problem for us (but then our commune/anagrafe was very friendly and helpful).
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Old Sep 29th 2020, 4:34 pm
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Default Re: Getting residency before Brexit

btw there is a really good article about this on The Local Italy website

https://www.thelocal.it/20200929/how...dency-in-italy

it is only available for members/subscribers. It might be worth becoming a member. I've found it invaluable, especially during the last year. (and no, I don't get commission from them :-) )
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Old Sep 29th 2020, 5:03 pm
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Default Re: Getting residency before Brexit

Thank you very much for your reply! Really helpful
Did your registration have any explicit validity period (limited to the duration of the contract/certain number of years etc) ?
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Old Sep 29th 2020, 8:46 pm
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Default Re: Getting residency before Brexit

Agree with C.2s - the Local.it is worth a subscription, I have found it really useful in my Italy house buying process ... lots of relevant and helpful info!
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Old Sep 30th 2020, 4:57 am
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Default Re: Getting residency before Brexit

It depends. A transitory contract was technically for people who had residency elsewhere, so a landlord is within his rights to refuse to let you take residency in an apartment with a yearly lease. Check with the agency that it wouldnt be a problem, and make sure the contract is registered at the Agenzia dell'entrate. If the contract says that is it renewable even better.
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Old Sep 30th 2020, 9:38 am
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Default Re: Getting residency before Brexit

Originally Posted by modicasa View Post
It depends. A transitory contract was technically for people who had residency elsewhere, so a landlord is within his rights to refuse to let you take residency in an apartment with a yearly lease. Check with the agency that it wouldnt be a problem, and make sure the contract is registered at the Agenzia dell'entrate. If the contract says that is it renewable even better.
Yes. This is a good point. Our landlady was willing to register everything, not try and say it was some sort of tourist contract.

We then got a 5 year residency (as normal), even though the rental contract was only 12 months.
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Old Oct 1st 2020, 7:15 am
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Default Re: Getting residency before Brexit

Looks like "annuale transitorio " is better to avoid then unless one has a job contract or is a student. Shame as it's much harder to find a good property on 4+4.
Thank you very much for your help!

Last edited by ExpIt; Oct 1st 2020 at 8:59 am.
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Old Oct 1st 2020, 9:04 am
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Default Re: Getting residency before Brexit

Speak to the agency and check if there is a specific reference in the contract to "residenza". A typical Italian short term (< 4 years) contract would mention that the tenant is not allowed to use the accommodation as their main residence. This is in theory against Italian law but it is common practice and would give the Comune good ground to deny residency. It would help if the agency added this clause "per uso di abitazione principale".

In any case, you know the drill in Italy, it all depends on whether you have friends at the Comune or not.
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Old Oct 1st 2020, 11:43 am
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Default Re: Getting residency before Brexit

The law is very outdated, and is widely abused so dont dismiss it out of hand. All you need is the landlords specific permission to allow you to get residency at the address before you sign the contract
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Old Oct 6th 2020, 7:06 am
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Default Re: Getting residency before Brexit

https://www.gov.uk/guidance/living-i...ut_itukns_act0
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Old Oct 20th 2020, 10:36 am
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Default Re: Getting residency before Brexit

Update from the DWP. Important for dual nationals, a summary of docs that can be produced in absence of a withdrawal agreement cert.
https://www.gov.uk/guidance/benefits...or-switzerland
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