An estimated 42,000 Britons currently hold five-year Brexit Withdrawal Agreement (WA) cards in France – and the first of these will expire this autumn.
The Connexion has obtained more clarification about the process to swap for a 10-year card and, in particular, that signing France’s new ‘republican principles contract’ will be optional, and not obligatory as for other residency cards.
In addition, any ‘WA’ Briton who has lived here more than five years already has the right to request a 10-year card.
These cards confirm that a person has acquired ‘permanent residency’ rights, which can usually only be lost after five years or more away from French territory.
All WA cards are free, whereas most French residency cards cost €225.
In January, the Interior Ministry was still finalising its procedures for renewals, and - according to reports from the British Embassy - considering a “centralised online system”, however this was not officially confirmed.
In the meantime, some prefectures (for example, Calvados) have taken the initiative to offer renewals via the Démarches simplifiées portal, which state bodies may use to put certain procedures online.
Calvados has defined any application by a person already holding a WA card as a ‘renewal’, even if it will mean changing a five-year card for a 10-year one.
Others are still asking for applications by paper form, in the post.
At least one prefecture is also asking that applicants send in a ‘contract of commitment to respect the principles of the Republic’ - a new document created by the 2024 immigration law.
The 2024 law says that signing this should be standard when a foreign person asks for a residency permit.
Read more: French rules on holding both Brexit and EU residency cards explained
Do Britons need to sign 'Republican values' contracts?
This document is not the same as the more complex Contrat ’intégration républicaine that some foreigners must sign, which involves a visit to the Ofii immigration offices.
The 2024 law states that “no residency document can be given to a foreigner who refuses to take out a [principles] contract or whose behaviour shows that he or she has not respected its obligations”.
Not respecting such a contract can also be grounds for not renewing a document, the law adds.
Enforcing such a rule on WA card applicants or holders would clash with article 13 of the WA international treaty, which says “the host state may not impose any limitations for obtaining, retaining or losing residence rights… other than those provided for in this [agreement]”.
The Interior Ministry has clarified: “Signing the contract is optional [for WA beneficiaries], due to the particular dispositions which govern your residency rights, but it is a testimony to your wish to show that you, personally, wish to show that your own [residency] journey involves an attachment to the Republic’s principles and a respect for them”.
Therefore, prefectures cannot insist on this contract for issue of a WA card, though submitting one may be taken as a sign of good integration, and a plus point for those later seeking French citizenship.
Moving towards standardised WA card renewals
The British Community Committee of France’s representative for south-west France, Claire Godfrey, said she understands a standardised, national, online process should be on the way, though it will probably be after the summer.
So far, she said, feedback from Britons shows inconsistency in policies at individual prefectures, with different procedures and several reports of applicants being refused due to applying ‘early’ despite having proof of five years in France.
She said there is “no need to panic” if your card is not expiring imminently, and it is in her view best to wait.
“Based on the ease of the original online system for the ‘WARP’ [WA residency permit] cards, it is expected that the transition from five year cards to 10-year cards should be a straightforward and simple online system.
“We’re awaiting confirmation from the French authorities as to how and when it will be available,” she said.
“The whole point originally was to avoid people, many of them elderly - and now five years older - having to go to prefectures.
“The authorities are keen that the system should be as fluid and easy as possible.”
When the first cards were issued, people could only apply on a dedicated website, which in the vast majority of cases worked well.
It is possible that the ministry’s ‘Anef’ website, now used for many residency card procedures, will be used. The site for Brexit cards was a precursor to this.
Legally, under the WA, ‘permanent residency’ rights are gained once a person has been in France for five years, not when the physical 10-year card is issued to them.
What documents do you need to renew a WA card?
The prefecture of Calvados provides the following list supplied by the Interior Ministry:
All applicants:
- A valid British passport;
- proof of living in France, such as: an electricity or gas or landline internet or telephone bill, a rental contract or rent receipt, a taxe d’habitation bill, if you live free of charge a signed and dated attestation from the host plus a copy of their identity document or residency card and proof of their address if their document/card does not show their correct address;
- three recent identity photographs.
Holders of cards expiring in two months: Residency card + (if relevant) proof of any change related to birth/marriage/death, such as a death certificate or divorce judgement
Holders of five-year cards who have been in France five years but whose card is not expiring: As above + a document showing being established in France at least five years ago (rental contract, home insurance contract, tax bill, work contract or payslip, social security document, schooling certificate, or similar).
Holders of 10-year cards expiring in two months: As for expiring five-year cards + an attestation on one’s honour that you have not been absent from France for more than five years consecutively since obtaining permanent residency rights.
What is in the new Republican principles contract?
Key points include respect for:
- Personal freedom, including people’s private lives, privacy and their freedom to choose life partners
- Freedom of belief and conscience, including not forcing anyone to adhere to your beliefs and opinions
- Equality between men and women, avoiding sexism, and treating male and female state officials with the same courtesy
- Human dignity, avoiding harm to others’ physical or mental health
- The symbols of the Republic, such as the motto ‘Liberty, Equality, Fraternity’, the Marseillaise and the Tricolore
- France’s territory, including not disputing the defined borders or the government’s sovereignty
- The authority of public officials and not calling this into question due to personal beliefs.
Have you applied to exchange your five-year card? Let us know how it went via feedback@connexionfrance.com
