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Italy – State of Emergency Extended through April, Travel Restrictions Continue

IT – State of Emergency, Travel Restrictions

On 14 January 2021, Italy’s government approved further law provisions amending the current emergency legislation regarding the ongoing COVID-19 situation to extend the state of emergency until 30 April 2021. The changes affect travel by extending the restrictions on movements within Italy and for individuals coming to Italy. New restrictions apply to the United Kingdom and Brazil. The changes also affect resident and work permits.

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On 14 January 2021, Italy’s government approved further provisions in a decree-law amending the current emergency legislation regarding the ongoing COVID-19 situation to extend the state of emergency until 30 April 2021.1 The changes affect travel, as well as resident and work permits.

As a result, Italy remains divided into zones according to the level of risk in order to reduce and prevent unnecessary movements within and between regions. As before, certain reasons for movement are permitted. (For prior coverage, see GMS Flash Alert 2020-503 (22 December 2020).)

WHY THIS MATTERS

To deal with the ongoing emergency, the new laws extend the restrictions on movements within Italy and for individuals coming to Italy. In view of the potential fines in place and the need to quarantine, individuals and their employers should familiarise themselves with what zone their region of residence is in, and the restrictions pertaining to travel in and out of the zone.

For travel outside the country, the latest decree continues to be based on lists of countries for which different measures are in effect depending on the country of departure and countries visited immediately before coming to Italy. Notably new restrictions apply to the United Kingdom and Brazil. 

Extension of State of Emergency and for Resident Permits

The state of emergency has been extended to 30 April 2021, to give the government time to legislate as necessary to address the evolving COVID-19 situation.  

Generally, existing resident permits, work permits and documents providing for the right to stay in Italy that would have expired have been extended until 30 April 2021. This applies to work permits and resident permits issued for highly specialised and high-skilled workers (including European Union (EU) Blue Cards and intra-company transfers). Expiring family authorisations and resident permits for family reasons have been extended until 30 April 2021 as well. (For prior coverage, see GMS Flash Alert 2020-488 (9 December 2020).)

The terms for applying for and obtaining the work permit and conversion of resident permits from seasonal work to subordinate work, and from study reasons to subordinate work are extended to 30 April 2021. Extensions also apply to the conversions of resident permits, when these are possible.

Mobility Across Regions

Italian regions are still divided into zones based on the level of risk from a low (yellow), to moderate (orange), to a high level (red). Some activities may be reopened in less affected areas. Red zones include Lombardy (including Milan), Sicily and the autonomous Province of Bolzano.

Until 15 February 2021, movements between different regions (regardless of whether orange or red, and including those to or from the autonomous provinces of Trento and Bolzano), are prohibited, except for travel motivated by proven work needs, situations of necessity or health reasons. Movements within red zone regions remain restricted. It is possible to move from municipalities with a population not exceeding 5,000 inhabitants and for a distance not exceeding 30 km from the relative borders, excluding in any case movements to the provincial capitals.

Stricter laws may be applied locally and it should always be possible to return to one's residence or domicile.

A 10:00pm to 5:00am curfew remains in force in all regions until 5 March 2021.

The self-certification regime remains in force for necessary journeys and documentation is being checked by the authorities.

Travel Restrictions

Entry into the Italian territory is generally not allowed for travellers coming from non-EU countries, with exceptions for travellers from Australia, Japan, New Zealand, the Republic of Korea, Rwanda, Singapore, Thailand and Uruguay (countries having a more stable pubic health situation). Also, trips for proven important needs might be possible, with self-certification. In some cases, entry to Italy from non-EU countries is limited to those who live permanently in Italy (documentation may be required).

Until 5 March 2021, those who have stayed or transited in the previous 14 days in any non-EU countries must undergo self-isolation and health surveillance for 14 days. In some cases, a negative swab test is necessary and local health-care authorities need to be informed in advance.

Limitations to Flights and Entry from the U.K. and Brazil

Generally speaking, flights from the U.K. to Italy are suspended and entry from the U.K. to Italy is not possible until 5 March 2021. Some exceptions may apply, such as for those who can prove they were resident in Italy as of 23 December 2020.

When entry into Italy is possible from the U.K., requirements include having a self-certification about the trip as well as negative results of a swab test taken within 72 hours before boarding, taking a further test once in Italy (at the airport, when possible), self-isolating for 14 days, and informing the health-care authorities about the entry.

An additional law provision valid until 31 January 2021, also stops flights from Brazil and entrance into Italy to people who have stayed in or transited through Brazil in the 14 days prior to their entry in Italy. Travellers who have reached Italy in the 14 days before the entry into force of this law provision, must self-isolate for 14 days, inform the local health-care authorities, and take a PCR test.2

FOOTNOTES

1  Decreto-legge n.2 del 14 gennaio 2021. For the text (in Italian), see: https://www.gazzettaufficiale.it/atto/stampa/serie_generale/originario.

Decreto Del Presidente Del Consiglio Dei Ministri del 14 gennaio 2021. For the text (in Italian), see: http://www.governo.it/sites/new.governo.it/files/Dpcm_14_gennaio_2021.pdf.

2  Ordinanza Del Ministero Della Salute del 16 gennaio 2021. For the text (in Italian), see: http://www.salute.gov.it/imgs/C_17_notizie_5273_0_file.pdf.

*  Please note that KPMG LLP (U.S.) does not offer immigration services or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

 

The information contained in this newsletter was submitted by the KPMG International member firm in Italy.

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