Where to start family proceedings post-Brexit
Up to the end of December 2020 the jurisdiction rules for cross-border family cases in the UE had been clear and predictable in 28 member States, for almost two decades. The term jurisdiction refers to the ability of the courts in a particular country to deal with a legal issue. The EU Regulation of 2003 known as “Brussels IIa” set out a list of possible alternative forums for a claim of separation or divorce, or cases involving custody of children, where there is an international or “cross-border” element, for...
read moreNew Residence Document (carta di soggiorno) for British Citizens
We have had a number of enquiries from our clients in relation to the new residence document (carta di soggiorno) that is now available for those British Citizens who were legally resident or who had commenced the process of registering their residence in Italy before the end of the transition period i.e. 31st December 2020. This is not an obligatory document, but we believe it will be very useful to have it when travelling in and out of Italy. British citizens who do not apply for a carta di soggiorno can equally use the...
read moreUK Immigration Bill
On 11th November 2020, the UK government’s Immigration and Social Security Co-Ordination (EU Withdrawal Bill) more commonly referred to as the ‘Immigration Bill’ received Royal Assent turning the bill into an official act of parliament. This bill does what Priti Patel was boasting about all year, i.e. that it officially ends the free movement of people between the EU and the UK and will be effective as of the end of 2020. Background to Free Movement: Free movement is a fundamental element of the EU ensuring that citizens are able to...
read moreDecreto Flussi 2020
The following article is written in both an Italian and English language version. Decreto flussi 2020, pubblicato in Gazzetta ufficiale (G.U. Serie generale, n.252, del 12 ottobre 2020) Dalle ore 9 del 13 ottore 2020, è disponibile l’applicativo per la precompilazione dei moduli di domanda per i premessi di soggiorno in Italia. C’è quindi la possibilità di fare entrare in maniera regolare per attività lavorativa tutti gli stranieri che abbiano a che fare con l’attività dell’autotrasporto merci, dell’edilizia e...
read moreReduction of decision time for Italian citizenship applications
Following the Decreto Legge dated 21st October 2020 n.130. the period for the Ministero dell’Interno to make a decision on citizenship applications has been reduced from 4 years to 3 years from the point of submission of the application. This new law amends Decreto Legge dated 4th October 2018 n.113 that extended the decision time from 2 years to 4 years. Please be advised that this is not retrospective for applications already...
read moreMental capacity from an international law perspective
British citizens owning property overseas may have difficulty dealing with those assets should they lose legal capacity due to illness or old age, as a Lasting Power of Attorney made in the UK will not necessarily be recognised in another legal jurisdiction. A recent article published in the Law Society’s Private Client Section, “The New Frontier”, includes case studies considering cross-border mental capacity laws across four European jurisdictions, and a contribution on the Italian perspective by Charlotte Oliver. Link...
read moreUpdate: travelling to Italy from overseas in Covid-19 pandemic
The latest update to the current travelling restrictions imposes blocks on those arriving in Italy from certain countries. These new rules are in place from 22nd September to 7th October 2020. Link to updated rules on Ministry of Health website: http://www.salute.gov.it/portale/nuovocoronavirus/dettaglioContenutiNuovoCoronavirus.jsp?id=5411&area=nuovoCoronavirus&menu=vuoto Non EU countries Travellers from some specific countries are now allowed to enter Italy for tourism, although they are obliged to quarantine for 14...
read moreTribunale di Roma, guidelines September 2020
The Civil Court of Rome at Via Giulio Cesare is tentatively resuming normal service, but much of its previous routine work has been moved to virtual hearings or applications for copies of courts orders being made by PEC certified email. Where possible visits by the public are now avoided. The Court recently published news on how each section is operating, see link below. This is much welcomed, even before the pandemic a move to an appointments based system to avoid queues starting at 6.30am, or use of email rather than the...
read moreRight to maintenance for adult “children”
Historic ruling no. 17183/2020 of the Italian Supreme Court: adult children must find mandatory work after completion of their studies. A recent ruling of the Italian Supreme Court no. 17183/2020 has radically changed the concept of the right to maintenance, especially for children of separated parents. Facts: The judgment was issued in relation to an appeal of a decision made by the Court of Appeal in Florence on 29th March 2018, made by a mother on the revocation of maintenance paid by her ex-husband in favour of her son (33 years old in...
read moreCourts to open in August in Le Marche
Usually the Italian courts are “suspended” for the traditional Italian holiday month, from 1st to 31st August, and this period does not count in calculating any time limits for service or filing of court pleadings or defences and no hearings are listed. The Court of Ancona in Le Marche has announced this week that it will instead list more than 300 cases for hearings in both criminal and civil proceedings, on application by the parties, in an attempt to clear the backlog of work mounting up due to lockdown period adjournments. ...
read more“Sanatoria 2020” – Amnesty for undeclared foreign workers (D.L. n. 34 Maggio 2020)
The following article has been posted in Italian with an English translation below: ARTICOLO 103 DEL DECRETO – LEGGE 19 MAGGIO 2020, N.34 – EMERSIONE RAPPORTO DI LAVORO 2020 E’ stata prorogata fino al 15 Agosto 2020 la SANATORIA 2020. La legge ha previsto la possibilità di far emergere i rapporti di lavoro irregolare in essere con cittadini stranieri, nonché di rilasciare permessi di soggiorno temporanei ai cittadini stranieri che ne erano già in possesso, scaduti dal 31 ottobre 2019 non rinnovati né convertiti in...
read moreNew immigration lawyer joins Oliver & Partners
We are pleased to announce a new addition to the Immigration and Citizenship department. Liliana Petrolo is an Italian lawyer with extensive experience in applications for visas for entry to Italy, in particular from non-EU countries, including: visas for re-entry into Italy, for family reasons, study, or elective residence (visto per reingresso, motivi familiari, residenza elettiva e studio); “blue card” applications for skilled workers (carta blu); permits for family re-union (permesso di soggiorno per ricongiungimento familiare);...
read moreExecuting a will in times of social distancing
The EU Succession Regulation 650/2012 (Article 27 (1)) provides that an English form will is valid even if made in Italy, in relation to Italian assets or any property situated in a member state which is a party to the Regulation. According to the EU Regulation, any will or codicil to a will (described as a “disposition of property on death”) is valid, as long as it is made in accordance with the national law of the testator, or the testator’s place of domicile or residence, either at the time of the will or the time of...
read more“Virtual” execution of documents during lockdown
UK qualified Solicitors are frequently being asked during this emergency period to advise on the virtual execution of documents, as well as to witness signatures or certify identity by video conference. Charlotte Oliver and Aleksandra Broom, the Solicitors of this firm, are both available and equipped to use “virtual” or electronic means to carry out the following procedures at a distance: certification of copy documents; certification of identity for UK banking procedures/conveyancing; witnessing signature on Statutory...
read moreUK post-Brexit immigration law
The new post-Brexit immigration bill for the UK has received initial approval by Parliament. The House of Commons approved the general principles of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2019-21 at a second reading of the Bill on 18 May 2020. The aim of the new legislation is to force EU and EEA citizens to meet the same requirements for a grant of entry clearance as third country national applicants. The idea is for all migrants to be ‘highly skilled’. To meet the threshold of a ‘highly skilled’...
read moreTravelling to Italy from overseas
The Italian government has issued new guidelines relating to travelling to Italy from overseas, lifting the restrictions in place due to COVID-19. These are effective from 3rd June 2020. The new rules were published in Article 6 of the Presidential decree no. of 17th May 2020 (see link below to full text of the new law). DCPM 17th May 2020 Article 6 provides that from 3rd June 2020 there is no restriction on travel to or from the following countries: a) Member States of the EU;b) Member states of the Schengen Agreement;c)...
read moreResidence in Italy during transition period
This post sets out the rules for British citizens already resident in Italy, and also aims to give some guidance for those hoping to apply for residence in Italy during the post-Brexit transition period. The UK ended its membership of the EU on 31st January 2020, under the terms of the Withdrawal Agreement concluded on 19th October 2019. We are currently in the transition period, during which time all EU law is still binding in the United Kingdom and applies to British citizens resident in Member States. The transition period is due to...
read moreDecreto Flussi – when are we likely to know the 2020 quota?
Every year the Ministero dell’Interno issues the Decreto Flussi, which is the quota of how many non-EU citizens are allowed to enter Italy to carry out seasonal subordinate work, self-employed work and non-seasonal work from eligible countries. In 2018, the Decreto Flussi quotas were already available in January, with the application being submitted on 31st January 2018. In 2019, they were released on 24th April 2019. 30,850 workers were allowed to enter of which 18,000 were seasonal workers. Many of these worked in agriculture. Among the...
read moreSuspension continues of courts and administrative procedures
By way of update to our previous articles, we confirm that the suspension of Italian court deadlines and all administrative procedures, has been extended by a further month, to further contain the spread of the COVID-19 epidemic (Link to legislation Decreto Legge n. 23 of 8th April 2020.) The suspension was previously ordered up to 15th April 2020. The period of suspension of deadlines in all court proceedings, whether civil, criminal, administrative, tax, or military, now continues up to the date of 11th May 2020....
read moreParental rights in a time of national emergency
The enforced distance between separated parents and their children has obviously been problematic for many families in this emergency situation. The Court of Bari ruled on 26th March 2020 that visting rights of a father with his child, who is resident in another Comune in Puglia, should be suspended. The court observed that the national lockdown measures which had been imposed by the government on movement around Italy in Article 1(b) of D.P.C.M. 22nd March 2020, should be applied rigorously and universally, even if this meant sacrifices...
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