Does British wife have the same rights in France as an Irish husband?

I am Irish, living in France, and my wife is British. Does she share the same rights as me post Brexit?

Under standard EU rules, an EU citizen living in another EU state has the right for their spouse, children aged under 21, or a dependent parent to live with them in France (civil and long-term unofficial partners may obtain similar rights if you have lived together for one or five years respectively).

A spouse who has lived continuously and legally with you in France for at least five years has also gained a permanent residency right and may apply for a card based on this.

Those living with you for less than five years can, under EU rules, have an ordinary residency card. They would need to provide evidence of their continuity of residency, their relationship to you (for example, a marriage certificate) and that you, yourself, are living legally in France.

So your wife has the right to remain in France and that would be the case even if there were no Brexit deals.

However, as there is a Brexit deal in place, if she was living with you in France in 2020 your wife should have applied for a Brexit WA deal card so as to ensure the key rights she had in France before full Brexit continue. This will be the temporary card if she has lived in France less than five years or the permanent one if more than that.

However, whatever kind of card she holds, she will not have exactly the same rights that you have, such as the right to vote in local and EU elections.

For healthcare, it depends on your situation. If your wife has French healthcare via an S1 form as a UK state pensioner, then her rights continue under the deal.

If, however, you have healthcare rights via an Irish S1, then an Interior Ministry spokeswoman said your wife would benefit as your spouse.

Similarly, if you work, your wife may be attached to the same health caisse as you and she would not face any potential payments to belong to the healthcare system as long as you are paying into French social security through work and earning €9,420 a year or more from this work.

I am Irish, living in France, and my wife is British. Does she share the same rights as me post Brexit?

Under standard EU rules, an EU citizen living in another EU state has the right for their spouse, children aged under 21, or a dependent parent to live with them in France (civil and long-term unofficial partners may obtain similar rights if you have lived together for one or five years respectively).

A spouse who has lived continuously and legally with you in France for at least five years has also gained a permanent residency right and may apply for a card based on this.

Those living with you for less than five years can, under EU rules, have an ordinary residency card. They would need to provide evidence of their continuity of residency, their relationship to you (for example, a marriage certificate) and that you, yourself, are living legally in France.

So your wife has the right to remain in France and that would be the case even if there were no Brexit deals.

However, as there is a Brexit deal in place, if she was living with you in France in 2020 your wife should have applied for a Brexit WA deal card so as to ensure the key rights she had in France before full Brexit continue. This will be the temporary card if she has lived in France less than five years or the permanent one if more than that.

However, whatever kind of card she holds, she will not have exactly the same rights that you have, such as the right to vote in local and EU elections.

For healthcare, it depends on your situation. If your wife has French healthcare via an S1 form as a UK state pensioner, then her rights continue under the deal.

If, however, you have healthcare rights via an Irish S1, then an Interior Ministry spokeswoman said your wife would benefit as your spouse.

Similarly, if you work, your wife may be attached to the same health caisse as you and she would not face any potential payments to belong to the healthcare system as long as you are paying into French social security through work and earning €9,420 a year or more from this work.