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BREXIT

Brexit: No, France doesn’t want to inflict ‘maximum pain’ on Brits living here

Reports in the British press that France and its president Emmanuel Macron had concocted a bill that in the event of a no-deal Brexit would force British tourists to have visas to cross the Channel and "cause maximum pain" for UK nationals in France are wrong.

Brexit: No, France doesn't want to inflict 'maximum pain' on Brits living here
AFP

On Wednesday the press in Britain all jumped on reports that fist emerged on Twitter about the French government's draft bill that would be pushed through in the event of Britain crashing out of the EU without an agreement

The bill was actually published on or shortly after October 3rd when the country's Europe Minister Nathalie Loiseau presented it to the cabinet.

So even though it was published two weeks ago it was presented in the British press on Wednesday as France ramping up the pressure on Theresa May just as she headed off to Brussels for a crucial EU summit on Wednesday.

“France was the first to ratchet up the tension yesterday, publishing guidance on the Senate website,” said the Daily Mail.

Whereas The Sun said: “France last night published their doomsday No Deal scenario planning just hours before Theresa May’s arrival at the EU Council.”

But the big problem with the reports wasn't only the mistaken timing of the bill's publication, it was the whole interpretation of the legislation.

Much of the bill laid out the factual and fairly dramatic consequences of a no-deal Brexit such as the fact Britons would become third country nationals and therefore need residency permits to be able to stay, visas to enter France and how companies could be in trouble if they employed British workers without the necessary permits.

But the legislation printed on the Senate's website was interpreted by some as what France intends to do if there's a no-deal.

The anti-Macron Daily Express headlined on: “Macron to introduce plans for UK tourists to need visas to visit France if no-deal exit”, while The Sun's Westminster Correspondent Harry Cole focused on the fact that British nationals in France would lose their automatic right to remain in France as EU citizens.

“An explosive draft law published in Paris seems designed to cause maximum pain to Brits living in France short of kicking them out,” wrote Cole, comparing the perceived plan to a very different statement by Theresa May “to automatically protect the rights of French people living in the UK.”

“Brits would automatically become third party nationals that bars them from holding jobs reserved for EU citizens and restrict their access to healthcare and welfare,” read The Sun's article as if France was planning to close hospitals to British patients after Brexit.

“If President Emmanuel Macron approves it Brits would be barred from jobs reserved for EU citizens as well as restrict healthcare and welfare.”

And this was the Metro's front page:

Emmanuel Macron's government has “proposed that Britain's living in France instantly be deemed illegal if there's no deal”, the paper said.

But it's simply not true.

The purpose of the French bill is actually to allow the French government to quickly pass decrees without debate in parliament in order to prevent upheaval to the lives of Brits living and working in France, tourists who just want to visit and to enable the ports to be able to cope with the extra checks on trucks that would need to be carried out.

The bill was not a list of threats from Paris designed to shock Theresa May into accepting the EU's offer of a deal.

It simply listed the real consequences of a no-deal (just as the UK government has been doing in recent weeks) on the rights of Brits to remain and work in France as well as the impact on their access to social welfare and health cover and importantly the areas where France would need to pass urgent legislation to deal with the resulting impact.

READ ALSO: What France's draft bill actually means for Brits living in France

France's Europe Minister Nathalie Loiseau has already stated that Brits already living in France would be looked after in the event of a no deal. 

“We must make sure that in the absence of a deal on March 30, 2019, Britons living in France do not find themselves suddenly with irregular (immigration) status,” she added. 

Indeed the French bill states that Brits in France could be given more preferential treatment than third country nationals (citizens of EU member-states) following Brexit.

The Europe Minister reiterated that position in a Senate debate on Wednesday.

It's also worth pointing out that even if there is a deal it's like Brits will have to apply for a residency permits and are currently being urged to do so already by the British embassy and France's interior ministry.

The really important caveat is that the French government has repeatedly said that everything still depends on London and the future of Brits living in France will only be guaranteed if London acts likewise to protect the French living in the UK. Minister for Europe Nathalie Loiseau has said that the French citizens residing in the UK are the priority for Paris.

The bill states France would retain the right to cancel any decree it takes to allow Brits to stay legally in France if London does not put in place a similar measure.

But given that Theresa May has already stated this would happen it seems likely that in the event of no deal a bilateral agreement would be made between Paris and London to ensure each country's citizens can carry on with their lives almost as before.

One important point to add is that while this sounds like a safe fall-back option, campaigners are concerned about any reciprocal deal because if London downgrades the rights of EU citizens in Britain then Paris and other EU governments will do the same.

Kalba Meadows, from the Remain in France Together Campaign group told The Local: “The only moral and secure outcome for our rights and those of EU citizens in the UK in the case of no deal is a legally binding, ring fenced citizens' rights agreement.

“There is already a draft agreement that could be honoured even if the rest of the deal failed, and it would show that both sides really did care about people before politics,” she said.

The campaign groups British in Europe and the “3million” which represents EU nationals in the UK have also urged London and Brussels to act by ring-fencing the current citizens' rights agreement.

“Enough is enough, we need legal certainty now, and we ask you to do the right thing by providing it,” British in Europe said.

A source close to France's Minister for Europe told The Local on Thursday they were surprised at the coverage in the British press, who had clearly mixed up the reasons for the bill with the legislation itself.

“The aim is certainly not to cause 'maximum pain' to Britons living in France in fact it's the exact opposite. We want to take action so they don't find themselves in an irregular position if there's no deal.

“However the French citizens in the UK are our priority so we would look for a reciprocal agreement if the main negotiations between London and Brussels fail.”

So while Brits in France and the French in the UK remain bargaining chips in the negotiations process, it's clear that France is not intent on ruining the lives of it's 150,000 British residents if there's a no-deal.

 

 

 

 

Member comments

  1. The Red Tops deal in lies and complete fabrication as was shown in the run up to the referendum. They, the gutter press, should be held accountable for the rubbish they print causing fear and misunderstanding. They are, to a great part, responsible for the current situation by siding with the likes of Farage, Johnson, Gove, etc and giving credence to the rubbish they touted before the referendum.

  2. It`s a well known, but sad fact, that a lie can travel around the world, and be believed, before the truth has got it’s running shoes on.
    The red tops are gutter press and distorters of the truth.
    Unfortunately the vocal majority of British xenophobics believe them and the truth does not fit with their stupid views.

  3. Years ago, a few of these “papers” were actually respected news-sheets with proper journalists working for them but now they seem to only employ children, that scourer the playgrounds of Twitter and Facebook looking for anything that justifies what they have written, then just cut & paste it.Unfortunately they don’t seem to have the brain power to actually check a story and their editors are just as guilty by sheer complacentry.

  4. This article states that “France is not intent on ruining the lives of it’s 150,000 British residents if there’s a no-deal”.
    But it also states that “The really important caveat is that the French government has repeatedly said that everything still depends on London and the future of Brits living in France will only be guaranteed if London acts likewise to protect the French living in the UK”.
    Then we read “Theresa May has already stated this would happen it seems likely that in the event of no deal a bilateral agreement would be made between Paris and London to ensure each country’s citizens can carry on with their lives almost as before”.
    What I understand from this article is simply that Macron will protect the Brits in France, IF May protects the French in Britain. And as we all know SHE’S A LIAR, we just have to hope she honours what she says.

  5. It was’t just the red-top gutter press that reported the matter in this way, the supposedly respectable broadsheets joined in. Nevertheless, setting this typical tabloid hysteria aside, it is true that a ‘no-deal’ exit is distinctly possible and that, if that happens, UK citizens living (either full-time or for part of the year) in any of the 27 who have not exercised their current EU citizen rights to take up official residence there will after Brexit revert to the status of ‘third country’ citizens. If they are still in France at that date they will be technically ‘undocumented’, that is without formal documented permission to be in the country and could, in theory at least, be arrested and deported, although this is unlikely in the immediate short term. If they leave France then they (as with any other UK visitor to France after 31/3/19) will need to have some kind of visa (either from the French embassy or the online all-Schengen system when/if it goes active later in 2019) if they return: either a tourist visa (cost €60) which allows 90 days total visit in any 180 day period (you’ll need one also for your three day Citybreak in Paris) – either a ‘single visit’ visa or a ‘circulatory’ visa which allows for repeated visits over any 180 day period. If you want to stay longer than this then you will need a long-stay visa (€90) for a year which then has to be validated at the local prefecture where you live. Taking out one of the latter means you also become fiscally resident in France and subject to French income tax (including capital gains tax and social charges of 37% if you cash in any share ISAs or SIPPs you have in the UK). Taking a train to Italy or Germany won’t help either as those 90 days cover being in any Schengen country not just France. The Remain in France website has an excellent discussion of the relevant issues. These dangers are real and people should make themselves aware of the issues.

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EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

This article is published in cooperation with Europe Street News.

 
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