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BREXIT

French government’s new decree for Brits in no-deal Brexit: What you need to know

The French government on Wednesday morning published a new decree laying out the rights of British people living in France in the event of a no-deal Brexit.

French government's new decree for Brits in no-deal Brexit: What you need to know
Although negotiations are ongoing, the French government has published a decree in the case of a no-deal Brexit. Photo: AFP

The government decree covers British people who are already resident in France on the date that Britain leaves the EU – which is currently scheduled for April 12, although this could be extended – and only applies in the case of a no-deal Brexit.

It is the first time the French government has laid out in detail exactly what criteria various different groups of British people – employed people, self-employed, students and family members – will have to fulfill if they want to remain in the country.

 

An ordonnance published in February gave British people in France a one year 'breathing period' after a no-deal Brexit in which they could apply for a carte de sejour.

The new decree lays out what paperwork each group will need to apply for residency.

READ ALSO

People who already have a permanent carte de séjour as European citizens will be allowed to simply exchange it for one of the new cards by providing their valid passport and their current residency card. 

If you are applying for a residency card for the first time, and have lived in France for more than five years, you will need to submit the following documents:

  • A valid passport.
  • A recent photograph.
  • A document confirming the date of your arrival in France.
  • Proof that you meet the standard conditions for a temporary residence permit.

These conditions vary for different groups of people and they are as follows;

If you are applying for a student residency permit, you will need the following documents:

  • A certificate of enrolment in a public or private school or college or vocational training organisation.
  • If you have been enrolled for more than one year, you will need to prove your attendance and also the seriousness of your studies. 
  • If you apply for a multi-year student residency permit, you need documented proof that the course you are studying is covered by a EU programme. 

If you are applying as an employee, you will need the following documents:

  • Your employment contract. It must be a long-term contract, known in France as CDI, rather than a short-term one.
  • A recent payslip from the last six months.

If you are applying for a temporary working permit, you will need the following documents:

  • The fixed term contract, known in France as CDD.
  • A recent payslip from the last three months.

If you are applying as a freelance or self-employed, you will need to present the following documents:

  • Proof of registration in the trade and companies registry or proof of a social security registration for self-employed people. 
  • Justification of sufficient resources to support yourself, regardless of benefits and allowances. Your resources will be individually assessed. If your resources are not deemed sufficient, you might still qualify for a permit if you can prove that you are the owner of your accommodation or receiving free accommodation.

*You will not be required to prove sufficient resources if you receive a disability allowance.

If you are applying as a family member to a British national who already has a permit, you will need:

  • Proof of the family link.
  • If you are dependent on the family member's income, you will need to prove they can financially and materially support you.
  • A copy of the passport of the accompanied British national.
  • If you are applying as someone who had a relationship before the withdrawal date but that broke up after that date, you must also present proof of the separation and also a copy of the passport of the British national you were connected to.

The decree does not specifically mention retired people, but anyone who doesn't fall into any of the above categories will need to apply for a residency card and supply:

  • A valid passport.
  • A recent photograph.
  • A residency permit (carte de sejour)
  • If you do not have a residency permit, documents establishing the date of your arrival in France
  • Justification of sufficient resources to support yourself, regardless of benefits and allowances.

The decree does not contain any figures as to what is deemed a “sufficient resource” but says that applications will be individually assessed.

However there is an upper limit –  in no case must this be more than the level of the French in-work benefit RSA, Kalba Meadows from the campaign group RIFT has pointed out.

The RSA limit is currently set at  €559.74 per month for someone living alone, and €839.62 per month for a couple. 

There are other figures for families with children – see the government website here for details. 

The decree adds that if resources are not deemed to be sufficient, anyone who can prove that they own their own home – or are entitled to free accommodation – may receive a favourable decision, although this is not guaranteed.

What about people who have lived in France for less than five years?

People who have lived in France for less than five years cannot exchange a carte de sejour if they already have one, but must make a new application. 

The paperwork needed for each group is broadly the same as for people who have lived in France for more than five years, with a couple of exceptions:

If you are applying as an employee you will apply for a four-year carte de séjour pluriannuelle only if you have a long-term CDI contract.

If you are on a short-term CCD contract you will apply for a carte de séjour temporaire marked ‘travailleur temporaire’, which last for one year at a time.

Anyone who is in receipt on jobseekers allowance must provide

  • proof that you're registered as a job seeker;
  • salary slips showing at least 3 months working activity in the previous year;
  • proof that you have health cover.

Anyone who is retired or otherwise economically non-active must provide

  • proof that you have resources that are 'sufficient to maintain yourself', not including social security benefits (for example RSA);
  • proof that you have health cover.

So how has the decree gone down with Britons? Is it good news or bad?

Kalba Meadows from RIFT says in a post: “It's a mixture, and there are some clarifications needed before we can properly answer that question!”
 
For those over 65, on the whole it's good, as it reduces the level of 'sufficient resources' from its current (and higher) level of ASPA down to the lower RSA level.
 
For those who are working or self-employed, it means that you'll have to justify a certain level of resources for the first time – previously you'd have been required only to show that your work was 'genuine and effective'.

The first application for any residency permit will also incur a fee of €100 so the fee will be applicable for those without a carte de sejour.

Although British people are entitled to remain in France for up to a year after the withdrawal date, applications for residency must be filed within six months of the date that Britain finally leaved – which is currently set for April 12, but may yet change again.

The decree was published on Wednesday in the Journal Officiel, where all new French laws and decrees must be published before they come in to force.

To READ more about your rights in France you can visit the RIFT website.

Member comments

  1. has anyone an idea how to prove the date they entered France over 5 years ago taking into account the inavailability of travel ticket after this time and UK passport not being stamped within EU? This seems to be a new requirement that the majority here will find it impossible to comply with.

  2. You will have to supply 5yrs. worth of tax returns to prove you have lived here and paid all your dues and not tried to fly under the radar. A certificate can be obtained from your local Tax Office, but they will probably still want to see French bank accounts, utility bills etc. for 5yrs. as well, plus note of pensions if this is applicable.

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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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