Residency rights and Brexit: French ministry's advice

The French Interior Ministry has created new information pages for Britons in France after Brexit; we have translated key sections of them.

[See bottom of article for more translated ministry information] Will it be necessary for British nationals to obtain a residency card? What will be the steps to be taken to obtain a residency card?

In the event of a withdrawal agreement coming into force

British nationals present in France before December 31, 2020 will have to apply for the new card, provided for in the withdrawal agreement. They will be able to make a request at least until July 2021, according to procedures and a timetable to be specified later.

British citizens who arrive in France after January 1, 2021, will have to apply for a ordinary third country (non-EU/EEA citizen) card.

 In the absence of a withdrawal agreement

 It will be necessary to submit an application for a residency card after March 29, 2019 in accordance with procedures to be specified later.

 

What are the official criteria for British nationals already residing in France who would like to apply for a residency card?

In the event of a withdrawal agreement coming into force

The official criteria will be the same as those currently applicable for the recognition of a right of residency for an EU national. British people will have to justify that they fall under one of the following situations:

   *Be in work (or have previously worked and be registered as a jobseeker);

   *Have sufficient financial means for themselves and their family, and be covered for healthcare;

   * Be studying in France or doing professional training, and be covered for healthcare;

   *Be a family member of a Briton living in France before January 1, 2021 with a right of residence (spouse, child, ascendant, partner, long-term partner or dependent family member or forming part of the household of a British national).

In the absence of a withdrawal agreement

You will be asked to provide proof of having resided in France before March 30, 2019 on one of the grounds of right of residence:

    *Be in work

    *Have sufficient financial means for themselves and their families and be covered for healthcare

    *Be in education or vocational training, and be covered for healthcare

    * Or be a family member of a Briton who was living in France before March 30, 2019 and with a right of residence there;

and show that you continue to meet these criteria.

Will residency cards obtained before March 2019 still be valid after the March deadline?

In the event of a withdrawal agreement coming into force

EU residency cards obtained before March 2019 (which are not mandatory) will continue to be valid during the transition period until December 31, 2020. However, they will have to be replaced beyond this period by the new card provided for in the agreement. Applications for cards will be able to be submitted according to a timetable to be specified at a later date and in any case until at least July 2021. [Editor's note: an Intrerior Ministry source told Connexion that it is well-worth obtaining one of these EU residency cards because they will simplify the process of obtaining one of the new cards].

In the absence of a withdrawal agreement

Residency cards obtained before March 30, 2019 will have to be exchanged according to a timetable to be specified later.

Is a British national who has received a residency card obliged to take steps to exchange it if he or she moves?

In all cases

A British national who received a residence card before March 30, 2019 must declare their change of address when applying for a new residency card.

 

Will the residency cards issued in France allow mobility within other countries of the European Union?

In all cases

Residency cards issued in France will allow travel to other Schengen Area states for periods not exceeding three months. They will only authorise long-term residency in France.

 

Will the British have to obtain permission to work in order to continue to work in France?

 In the event of a withdrawal agreement coming into force

British nationals who started to work in France before December 31, 2020 will not need to obtain authorisation to work. Only those who settled in France after January 1, 2021 will be required to apply for permission to work.

In the absence of a withdrawal agreement

British nationals who started to work in France before March 29, 2019 will not need permission to work. However, they will be required to apply for a residency card. This card will give them the right to work. British nationals who arrive in France after March 29, 2019, or start their work after March 29, 2019 will have to obtain permission to work.

 

What are the criteria for issuing ‘EU/EEA/Switzerland citizen (first 5 years)’ residency cards for self-employed workers?

In the event of a withdrawal agreement coming into force

A British national working in self-employment before December 31, 2020 will have to provide proof of the legal, effective and lasting exercise of their work. The supporting documents to be provided are the same as those currently indicated on the website service-public.gouv.fr for the issue of a residency card to self-employed EU citizens.

In the absence of a withdrawal agreement

A British national working in self-employment will have to provide proof of the legal, effective and lasting exercise of their work, in order to obtain a residency card corresponding to their situation, in accordance with procedures to be specified later.

Will family members (third-country nationals) of a British person have a special status?

In the event of a withdrawal agreement coming into force

Third-country nationals who are family members of a British national (who has settled in France before December 31, 2020) will continue to benefit from the special status resulting from their family relationship. As is already the case, they will have to ask for a document showing this status.

In the absence of a withdrawal agreement

Third-country nationals who are family members of a Briton (who is settled in France before March 30, 2019) will benefit from the status deriving from their family relationship. This link will take the form of a new card issued according to French common law.

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