Post-Brexit rights still cause problems for Britons in France

A snapshot of how Withdrawal Agreement (WA) rights are being applied to Britons in the EU, five years after Brexit, has been provided in a report by UK sociologists.

It finds that while most have successfully secured long-term rights under the WA, significant issues are still reported in relation to rights in daily life.

Much of the report reflects feedback from Connexion readers over the years – many of whom contributed after we invited them to take part – but there were also some less predictable findings in the study led by Prof Michaela Benson of Lancaster University.

One was that residents in France were among the least likely to complain of long waiting times for residency card appointments and decisions, with 26% of respondents in France citing the issue, compared with 41% in Portugal, 35% in Italy and 33% in Spain.

Case studies include one respondent in Italy who said it took two years to obtain a WA card, while in Spain it was reported to be impossible to secure an appointment without hiring an intermediary.

Gap between information and reality

A common issue across countries was discrepancies between publicly available information on requirements and what was requested in practice.

There were also cases - generally resolved on appeal - of people incorrectly receiving five-year cards when they were entitled to 10-year cards.

In France, issues were also linked to the policy of not usually issuing residency documents to minors, although it is possible to apply from age 16 if reasons are provided.

One case involved a 16-year-old who took a summer job and needed to prove legal residency. A support group helped the family cite the relevant legal provisions. “In initially denying this individual his residency card, the prefecture jeopardised his right to work as conferred by the WA,” the study states.

Another issue in several countries is refusal to issue cards for multiple statuses, such as holding both an EU long-term residency permit and a Brexit WA card. The European Commission advises this should be possible, but it is generally not permitted in France.

A further finding relates to university fees as an effect of Brexit for UK residents studying in France. Strasbourg University is threatening to strike off around 40 students, mostly from Africa, who did not pay non-EU fees.

These fees are 16 times higher than those paid by students from France and the EU.

Rules on higher fees have applied only since 2019, and many universities still exempt most or all students. However, the higher education minister has said he no longer wants universities to apply “massive” exemptions.