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BREXIT

Will having a French or EU spouse help me in case of a no-deal Brexit?

There's a widespread belief that being married to a French person or other EU citizen is some sort of 'golden ticket' to being allowed to stay in the country, but in reality it's not as simple at that.

Will having a French or EU spouse help me in case of a no-deal Brexit?
Wedded bliss might not also mean residency bliss. Photo: AFP

We're asking readers of The Local to send us their questions about what will happen to Britons in France in the case of a no-deal Brexit, and the issue of marriage to a French or other EU spouse is one that has come up a lot.

And there seems to be some confusion about what rights this gives. While an EU spouse gives you some advantages in staying in France after Brexit, it's by no means a blank cheque and doesn't mean that you get to avoid the dreaded paperwork.

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Citizenship or residency?

There are two ways you can stay in France after Brexit as a British person – applying for French citizenship or applying for French residency and (of course, this is France) both of them involve a fairly hefty amount of paperwork.

So which is best? Well citizenship gives you the right to stay indefinitely not to mention vote in elections here, while residency has some time limits. However applying for citizenship is a more complex and lengthy process (even if you are married to a French person).

It generally takes 18 months to two years, while residency is quicker, usually about six months (but often quicker) although it varies widely from place to place.

So if you haven't started an application yet, there is no guarantee that your citizenship will be confirmed by the time the grace period following a no-deal Brexit runs out. Once you have residency in place, you can then apply for citizenship provided you meet the criteria.

What does residency involve?

The French residency card, the carte de séjour, gives you the right to stay in France and work here (depending on the type of card you have) for either five years or longer, depending on how long you have lived here.

People applying for residency alone need to make a appointment at their local préfecture (except in Paris, where applications are dealt with by the Préfecture de Police) and supply documentation proving their ID, how long they have lived in France, their work status and evidence of resources for people who aren't working.

More details can be found here.

How does being married help?

If you're married to an EU national you still need to go down to the préfecture and make the application, but the criteria you are applying on are slightly different.

If your spouse is not French but from another EU country they would need to demonstrate that they meet the conditions for legal residence in France, you could then apply for a carte de séjour as an EU family member. This doesn't have to be a spouse, it can also be a parent or a child.

When applying as an EU family member, you need to provide a passport, three ID photos, proof of your relationship to the EU person (marriage certificate or birth certificates, which will need to be translated into French by a certified translator) and proof of your partner's right to be in France (if they are French this just needs to be their passport).

After Brexit, you must make sure your application is submitted within three months of arrival, if you are late in applying you will need a 'regularisation visa' which costs €340. The first card will be valid for between one and five years depending on your circumstances and can then be renewed.

It's possible for French local officials to reject your application if they believe your marriage is one of convenience only.

It's worth noting that Ireland and Denmark have not signed up the EU directive on family reunification, so being married to an Irish person or a Dane will not help you here.

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What does citizenship involve?

Citizenship gives you a lot more rights, including the right to vote, and is consequently harder to obtain.

There are broadly two ways to get citizenship, through residency or through marriage. (Or through service in the French Foreign Legion or indeed demonstrating exceptional service to France).

How does being married help?

The first thing to note is that you can only start your citizenship application as a spouse after you've been married for four years. So if you're thinking a quickie marriage to your local barman might solve all your problems, then unfortunately it won't.

But if you've already put in the requisite number of years in your marriage you can get started straight away. 

The process is the same as applying through residency but has the major advantage that you don't need to prove length of residency in France.

Depending on your age and other circumstances you may or may not have to provide a formal certificate of language proficiency (usually to B1 level) but there is still an interview in French, so your language skills will need to be at a reasonable level.

You apply through your local préfecture and need to send in a fairly lengthy list of documents.

Once the application is processed, you will then be called for an interview where you will be asked some questions about France and French culture and must explain (in French) why you want to become a citizen. This needs to be a genuine explanation of why you love France and deserve citizenship and officials will not be impressed with the answer 'to get a passport'.

You will also be rejected for citizenship if you have ever been deported from France or have been convicted of certain types of crime. As with residency, officials can turn you down if they don't believe that your marriage is genuine.

Generally the whole process from start to finish takes between 18 months and two years.

Another thing to note is that if you get divorced within 12 months of getting French citizenship it could be invalidated. 

If you're not living in France, you can still apply for citizenship based on having a French spouse, but you need to do the application process and interview at the French consulate in the country where you are living.

What about citizenship of another country?

If you are married to a citizen of another EU country you can apply for citizenship there and then, as an EU national, you will have the right to stay in France. Different countries all have their own requirements for citizenship, but France is relatively generous so there aren't many places that will be substantially easier, although they might involve slightly less bureaucracy. Check out each country's requirements here.

So although being married does help, it doesn't solve all your problems. But at least you'll have some who is contractually obliged to listen to you complaining about French forms.

Do you have a question about your rights after Brexit? Tell us here and we'll do our best to answer it.

 

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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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