AT LEAST four prefectures have turned down readers applying for a carte de séjour UE - séjour permanent, either because of office policy or because of their British nationality. Connexion has informed the Ministry of the Interior which has confirmed that the cards are a right if the applicants meet certain criteria. They also confirmed that there is no reason why Britons should be treated any differently at present to other EU citizens. Here are key points about the cards:
What is the card?
A carte de séjour UE - séjour permanent can be given to any person from an EU country who has lived in another EU country for five years continuously. The French government site service-public.fr says it “confirms you have the right to live in France permanently, with no further conditions”.
Is it obligatory?
No, it is not obligatory to have one. Your rights are the same whether you have one or not.
Why should Britons get one?
The Brexit vote means that all of the rights of Britons in France may be subject to the outcome of years of discussions as the UK and EU, and perhaps the UK and separate states such as France, thrash out deals.
In the meantime, this card represents official French recognition that you have met all the requirements to obtain permanent residency such as having been, as an EU citizen, employed in France during five years or otherwise having had income and not to be a burden on the state, and not having had excessively long periods of absence.
It can take months for officials to look at the documents required to prove this and issue the card, so it is clearly an advantage to have a document proving the right has been obtained.
In practice, London School of Economics professor of EU law Damian Chalmers said you will not be considered to have permanent residence if you cannot prove you have obtained the status with the card. “I strongly advise readers to get one,” he said. He said that in the worst-case scenario, where nothing is agreed between the UK and EU on expat residency rights, UK citizens who are no longer Europeans after the Brexit could seek a ‘long-term resident’s card’ for non-Europeans, who may obtain one of these (10-year) cards on certain criteria similar to those for the EU citizen’s permanent card.
However there are additional requirements for this, such as proving language skills and integration as well as healthcare cover and sufficient resources to not be a burden (which is no longer an ongoing obligation for EU citizens after five years). A ‘permanent’, unconditional, residency card for non-Europeans also exists but issuing these is discretionary. Prof Chalmers said it would be preferable to obtain the EU card now.
An international and European law specialist from Nantes University, Renan Le Mestre, also told Connexion he thought a permanent carte de séjour the best protection for Britons’ residence rights in the event of Brexit, because the permanent residence right is inscribed as a matter of French law. “Obtaining one, as a matter of caution, would be preferable,” he said.
Are there other benefits?
Generally speaking it may be useful when dealing with certain administrative formalities as officials may no longer require you to prove that you have a job, sufficient resources, health insurance etc. Furthermore, in France you are required to always carry proof of identity in the event of being stopped and checked by police, and an identity card, as it is an official document with your photo on it, is acceptable for this.
Can you lose your permanent residency rights despite having this card?
The laws establishing the rules only mention two situations where permanent residency acquired this way can be lost again: if you are a danger to the state (eg. committing serious crimes), or if you are away for more than two years. The card itself has to be renewed after 10 years, but the paperwork is simpler – you are simply asked to confirm identity and address and show evidence you have been living in France since the previous card was issued. The situation where a holder loses EU citizenship is untested legally, but Prof Chalmers said that (barring the situations mentioned above) there is no legal justification for you to lose your ‘unconditional’ right.
Where do we find the laws?
The laws setting out these rights can be found in two main places: EU Directive 2004/38/EC for the original European legislation and the Code de l’entrée et du séjour des étrangers which transposed it into French law.
You find them at:
- EU directive: tinyurl.com/EU-permanent-sejour
See Chapter IV, article 16, which states at 16.1, that EU citizens acquire a permanent residence right after five years and at 16.4, that once obtained it can only be lost in the ways mentioned above. See also article 19.1, which says “(EU) member states, after checking the length of residence, deliver to EU citizens who have a permanent residency right, a document attesting to their permanent residency”, and 19.2, which says: “the document attesting this is delivered as soon as possible”.
- Code de l’entrée et du séjour des étrangers. See: tinyurl.com/sejour-laws-france-info
The relevant sections here are articles L122-1 and L122-2, which restate the points in the EU directive, including that “a carte de séjour valid 10 years and renewable on demand, is delivered”.
A European Commission spokeswoman told Connexion that prefectures do not have a discretionary right to consider applications or refuse them. “The texts clearly impose an obligation on member states to deliver a document attesting to permanent residence to EU citizens who have this right,” she said.
Is there a card for people who have been in France for a shorter time?
Yes, the carte de séjour UE. However, this is likely to have limited legal force compared to the other because it offers no guarantee of ‘permanent’ rights.
If I am turned down for a card what can I do?
The law is on your side – the EU and French texts say if you meet the requirements you are entitled to one. If your prefecture refuses to consider your dossier, we recommend you point them to the articles of law mentioned above.
How do you apply?
It is best to telephone your prefecture for the list of documents to take. This was covered extensively in our July edition – you can buy a .pdf copy at the back issues section
How long will it take to come?
It depends on the prefecture. The Dordogne prefecture said it would take two to three weeks. If you have not had a reply within four months it means your request has been refused tacitly.
Our prefecture refused us one as we are British and they said the referendum has changed our situation…
The UK has not left the EU and cannot do so until the government starts the procedure to quit by invoking Article 50. A minimum two years of discussions will then begin during which the status and rights of Britons in France will not change.
This is stated on the EU website Europa.eu: “For the time being, the United Kingdom remains a full member of the EU and rights and obligations continue to fully apply in and to the UK” (tinyurl.com/Europe-info-cards). This also refers to the right to permanent residence cards.
The Dordogne prefecture said there had been a great increase in applications in recent months – 50 when normally there were none. Deputy Head of the Foreign Residents department Jérémy Faure said they will continue to process applications until they have notification to the contrary from the government.
If your prefecture considers your application and refuses it – or if you have a tacit refusal - you are entitled to make a réclamation (appeal) in writing by recorded delivery post with reception slip within two months, including a copy of the refusal letter (if you have received one) and any new evidence you wish to supply. If no grounds were given for the refusal, it would be advisable to ask what they were, because assuming you meet the criteria for legal residence and the time period, a card is your right.
We were turned down because we are English
WHEN Robin and Veronica Dawson went to their prefecture at Alençon, in the Orne, they were told they could not apply because they were English and the prefecture had not received clarification on the situation since the referendum.
Mrs Dawson said she thought the officials had been too hasty. “We have lived in France for 21 years. I took all the necessary documents but they said we couldn’t apply and suggested we seek dual nationality instead.
“We love France but don’t think that is the answer for us and are not sure our French would be good enough so we thought a carte de séjour might help. It is unsettling.
“We thought our future was tied up in France and we were here until we chose otherwise but now we’re not sure. If the situation can be clarified we will go back and have another go.”
