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Carte de séjour: What we know so far about residency after Brexit

The issue of residency in France after Brexit has been a thorny one for British people with contradictory advice over the years. Here citizens' rights expert Kalba Meadows of France Rights looks at your rights to residency under the Withdrawal Agreement.

Published: 18 February 2020 15:53 CET

Carte de séjour: What we know so far about residency after Brexit

The system is moving almost entirely online. Photo: AFP

Ever since we began providing information to British people in France over three years ago, the most frequently asked question has been 'how do I apply for a carte de séjour', and our website pages on that subject have been consulted hundreds of thousands of times.

We're in a period of transition in more ways than one right now: the old system for applying for a carte de séjour is no more, but the new one isn't yet up and running.

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Every British citizen living in France will have to apply for a new residence status and a new carte de séjour under the Withdrawal Agreement, and there will be a new online application platform, though full details of the process haven't yet been made public by the French government.

But everybody hates a vacuum, so in this article I’ll bring you up to date with what we know so far about how things will work under the new system so that you can begin to prepare for what's to come. The information here is taken both from the text of the Withdrawal Agreement itself, and from the French government. Remember that the Withdrawal Agreement is binding and France must follow it.

Will I need to apply for a carte de séjour?

France will be applying a constitutive system for registration under the Withdrawal Agreement. This means that – as with settled status for EU nationals in the UK – everyone will have to apply for a new status instead of it being granted automatically to those who meet the conditions.

All British residents will have to apply for this new status, and for the carte de séjour which evidences it, as a condition of continuing to live in France – no exceptions! This includes all those who already hold a carte de séjour (see below).

This will be a special carte de séjour, issued under Article 18(1) of the Withdrawal Agreement, which will prove that you have a right of residence under that agreement. It will carry the mention 'accord de retrait' and will be invaluable for travel, work and other purposes.

What conditions will I have to meet to qualify for a new card?

The Withdrawal Agreement says that the conditions to qualify for a carte de séjour under the Withdrawal Agreement will be as they are at present for us and for all EU citizens.

This means that unless you already hold a CdS permanent (see below) you'll have to apply under one of four categories – employed/self-employed, student, retired or otherwise non-economically active, or a family member of someone meeting the conditions under one of these categories.

How will the system work, and how will I get my new card?

Obviously with over 150,000 cards to issue this will be a major operation for France and its préfectures. The Ministry of the Interior will be introducing a new online application platform (similar to that piloted for a no deal scenario). The platform is due to go live at the beginning of July 2020.

Under this new platform applications will be made via an online form, and documents must be uploaded at the same time. Applications are then forwarded to individual préfectures for processing; once the form is received and processed, you'll be offered an appointment for fingerprinting and verification of your passport. Your new carte de séjour will then be sent by post – meaning that only one visit to the préfecture is needed.

If you already hold a carte de séjour permanent, the Withdrawal Agreement says that you can exchange this for a new card with few formalities. You'll need to prove your identity and continuing residence. You may also be subject to a criminality check, although France hasn't yet indicated whether it will implement this.

If you qualify for permanent residence rights but don't hold a current carte de séjour, you'll have to make a full application for permanent residence status and provide evidence that you've met the conditions for legal residence for five years.

We don't yet know whether people with less than five years' residence who hold one or five-year initial cards will be able to exchange those, or whether they will have to make a completely new application.

If you haven't been resident for five years when you apply for your new card, you'll still be able to build up your years and then apply for a carte de séjour permanent once you've reached five years. Years both before and after brexit/the end of transition will be counted.

You'll have until at least June 20th 2021 (based on transition ending on December 31st 2020) to apply for your new card. This may be extended if there are 'administrative difficulties'. But if the new online platform goes live in early July this year as planned we will have almost 12 months to apply.

The Withdrawal Agreement tells member states that that administrative procedures should be 'smooth, transparent and simple'; that any unnecessary administrative burdens should be avoided'; that 'application forms shall be short, simple, user friendly and adapted to the context of the Agreement'; and that 'applications made by families at the same time shall be considered together'.

You should receive a 'certificate of application' immediately, which will act as your récipissé until you receive your new card, even if this is after 30 June 2021.

The Ministry of the Interior has advised that all cartes de séjour issued under the Withdrawal Agreement will be free of charge.

If you have already made an application for a carte de séjour either on the new online portal or at your local préfecture, we've been advised that this will remain 'in the system' pending the start of the new application process, and that you won't be asked to reapply.

If you haven't yet made an application for a carte de séjour, you should now hold fire until the new online platform is available in July 2020.

What don't we know?

Although we know what the Withdrawal Agreement says about documentation, there are some important things that we don't yet know.

We don't yet know precisely which documents the French authorities will ask for in different situations to prove our rights to residence.

Here's what the Withdrawal Agreement says:

Everyone will have to present a passport to verify their identity.
If you’re employed, you’ll need a certificate of employment or confirmation of engagement from your employer.
If you’re self-employed, you’ll need proof of your self-employment.
If you're economically inactive you'll need evidence that you're 'self-sufficient': that your resources are enough to live on without being deemed to be a burden or potential burden on the social assistance scheme of your host country. You’ll also need evidence that you have ‘comprehensive health cover’, which may be via France's own health system or via private health insurance which gives equivalent cover. An S1 form is sufficient for those who receive a UK state pension or other qualifying benefit.
If you’re a student, you’ll need proof that you’re enrolled in a registered educational establishment. You’ll also need proof of comprehensive sickness insurance, and a declaration or equivalent means of proof that you have sufficient resources to live on without being deemed to be a burden or potential burden on the social assistance scheme of your host country.

These are broadly the same things that have been asked for over previous years, when we have applied for a CdS as an EU citizen. We do know, though that France loves la paperasse and has always asked for more proofs than some other countries.

Under its no-deal legislation, simplification was planned and we hope to see this carried forward into the new system, especially as the Withdrawal Agreement specifies this.

The old and thorny question of sufficient resources

We also don't know what guideline figures will be used in France to determine whether someone has 'sufficient resources'.

If you're not economically active (whether you're retired or not) the need to prove that you're 'self-sufficient' – that your resources are enough to live on without being deemed to be a burden or potential burden on the state – has been for many people one of the most worrying parts of applying for a carte de séjour. In this section we revisit what it all means and what we're hoping to see under the Withdrawal Agreement.

What does current legislation say about 'sufficient resources'?

The EU Directive 2004/38/EC, which covers residency rights for EU citizens, says that 'the adequacy of your income will be determined taking into account your personal situation' and that countries should not simply apply the same fixed income thresholds to everyone.

Most countries though have income guidelines, and France is no exception: the official government website quotes an income level equivalent to RSA (or to ASPA for over 65s, which is higher than RSA). RSA and ASPA are top-up benefits for those on low incomes.

Current rates of RSA (until March 2020) are: €559,74 a month for a single person, €839,62 for a couple. If you have a child or children, the figures are increased – see here. Current rates of ASPA (from January 2020) are: €903,20 a month for a single person, €1402,22 for a couple.

If your income is higher than these figures, you will automatically be considered to have 'sufficient resources'.

However, Article 8(4) of the Directive prohibits Member States from laying down a fixed amount to be regarded as 'sufficient resources', either directly or indirectly, below which the right of residence can be automatically refused (see this guidance from the European Commission).

The EU Directive is transposed into French law by CESEDA (Code de l'entrée et du séjour des étrangers et du droit d'asile). Article R121-4 states that 'the sufficiency of resources is assessed taking into account the personal situation of the applicant' and that 'in no case can the amount required be higher than the level of RSA / ASPA'.

All of this means that préfectures cannot systematically refuse a carte de séjour to everyone whose income is below the guideline figures – they should assess every case individually and should also take into account whether you own your own home or live rent free.

However, we know from our experience of the last four years that these things are not always done.

Brexit and the guideline figures

France's 'no deal' legislation – the ordonnance and the decree (both now defunct as the Withdrawal Agreement is in place) – prescribed that the RSA guideline figures should be applied across the board to everyone, whatever their age. This was good news for those over 65 as the ASPA rates that were applied to us as EU citizens are considerably higher, meaning that more people struggled to meet them.

However, we don't yet have any confirmation whether this will also happen under the Withdrawal Agreement. So at this point we can't tell you which guideline figures the French government will be using.

We have made the point that people should not be worse off under the Withdrawal Agreement than they would have been in a no-deal scenario. But for now we, like you, wait for an update.

We also have no confirmation as to how savings will be assessed in looking at whether you meet the self-sufficiency condition.

We are in regular touch with the Ministry of the Interior and with the British Embassy and we'll update you as new information comes in.

You can also find the information in this article on the France Rights website.

Kalba Meadows works with British in Europe and France Rights, groups working on securing citizens' rights for British people living in the EU. For more information, visit their website.

For more information on drivig, healthcare, travel and pets after Brexit – head to our Preparing for Brexit section.

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'I feel exiled': How Brits in Europe are locked abroad with foreign partners

Europe is home to hundreds of thousands of British nationals, many of whom have foreign partners and children. But if they want to move to the UK to live and work it will soon become more difficult.

When it comes to getting a partner visa, the UK has some of the strictest rules in Europe. In addition to hefty fees and a healthcare surcharge, the Home Office requires British citizens and long-term residents who bring their foreign partner to the UK to have a minimum income showing they can support them without relying on the social security system.

The minimum income up until now was set at £18,600 (€21,700), or £22,400 (€26,100) if the couple had one child, plus another £2,400 (€2,800) for each other child.

But these income requirements will rise steeply from April 11th 2024.

How it works: What Brits in Europe should know about UK’s new minimum income rules

From this date the minimum a British national or long-term resident will need to earn if they want to return home will increase to £29,000 (€33,800) and up to £38,000 (€44,313) by spring 2025, although there will no longer be an additional amount for accompanying children.

Alternatively, families need to prove they have at least £62,500 (€72,884) in cash, which from 11 April will increase to £88,500 (€103,207).

‘Family life has been destroyed’

To put this in context the Migration Observatory at the University of Oxford suggests that around 50 percent of UK employees earn less than the £29,000 threshold and 70 percent less than £38,700. The Observatory also says that while the number of people affected by the policy is small compared to the overall UK immigration (family visas represent 5 percent of all entry visas), the impacts on concerned families can be “very significant”.

The Migration Observatory notes that other European countries apply income thresholds to sponsor foreign partners. Spain, for instance, requires sponsors to have an annual income equal to the social security salary. In Denmark, sponsors must not have claimed social benefits in the three years before the application. But in Spain and the US, the partner’s foreign income also counts towards the threshold.

So what does this mean for mixed British and international families living in Europe who might want or even need to return to the UK to live?

Campaigners have complained that many Britons with foreign partners have simply been “locked abroad” or families have been separated while they try to meet the minimum income or savings requirement.

Reunite Families UK, a non-profit organisation supporting people affected by the UK spouse visa rules, says this policy causes distress, especially for children.

Some 65 percent of respondents in research carried out by the group said that their child received a diagnosis of a mental health condition due to the separation of their parents.

“Since its introduction, this policy has destroyed the family life of countless people and children,” Matteo Besana, Advocacy and Campaigns Manager at Reunite Families UK said.

“Women have been forced to become single parents to their children and live away from their partner and the father of their children only because they didn’t meet the threshold.

“As shown by our research on the mental health impact of the policy, these are scars that, particularly for children, will be carried for the rest of their lives,” Besana said.

The people most likely to be affected are women, who tend to earn less or not work because they took on caring responsibilities. Also heavily impacted are people under 30 and over 50 years of age, people living outside London and the Southeast of England where wages are higher, and those belonging to specific ethnicities, according to the Migration Observatory.

The Local spoke to two British women, in Italy and Sweden, struggling to return to the UK with their families because of these rules.

More savings needed

Sarah Douglas, who has been living in Italy since 2007, was planning to return to Scotland with her Italian husband and three children.

“It was always our long-term goal to move back to the UK after we had our children and once we’d have saved enough to buy a home in the UK,” she said.

“In hindsight, we should have gone after the Brexit referendum, but in the beginning it wasn’t clear what the final deal would be and I naively assumed that situations like mine would be taken into account and we would have the right to return… Once it did become clear, we were in the middle of the pandemic and it wasn’t the time to move,” she said.

Having stayed home to take care of the children, Sarah will find it hard to land a job near her family in Scotland that meets the minimum income required to sponsor a foreign partner for a UK visa.

Her husband, a computer programmer, has been trying to get an employment visa, “but most of them state that you must already have permission to work in the UK,” Sarah says. And applying for British citizenship is not an option for a non-UK resident spouse.

‘People need to be aware’

Sarah and her husband are trying to save as much as they can, an alternative to the income requirement, but the amount they need is rising to almost £90,000, meaning it may be a long time before they have enough to move home.

While the aim of the UK’s policy is to ensure families moving to the UK are not a burden on the taxpayer, the reality is that people arriving on a family visa are not able to claim any benefits from the UK government.

“They should judge the overall financial viability of the family unit, rather than just the earning potential of the sponsoring partner,” Sarah says.

“We could live well with my husband’s salary and he could work remotely. We are stable and financially secure, but because I don’t earn any money, they say we are not able to support ourselves.”

Sarah says that most of the British public are unaware of the minimum income requirement.

“People think if you are married, your husband is allowed to come to the UK, but when I say no, it doesn’t work like that, they are really surprised. A lot of people are not aware of how this could affect them,” she said.

Looking for a job from abroad

Another British women who lives in Sweden with her South African husband and two children and plans to move to the UK told The Local how the minimum income requirement had put them in a “precarious and stressful situation”.

The woman, who preferred to remain anonymous said: “After having the two children, I was very fortunate to find a research position and do my PhD, which is a salaried position in Scandinavia, and now that I finished, we are looking to leave.

“But I need a job in the UK to sponsor my husband, and as a new graduate with limited work experience, it is not easy. It is even more difficult when you are not in the country and I missed out on opportunities because they wanted an immediate start. I really don’t want to move without my whole family,” she said.

She says the UK’s policy is “gendered and geographically discriminatory” because it makes life harder for women and also harder for anyone who is planning to move to a part of the country that isn’t in London, where salaries are higher.

“I feel exiled from my country and separated from my family there,” she said.

Her husband, she argues, has his own company and could continue working remotely from the UK, earning well above the requirement. He would also pay taxes and national insurance while having to pay the healthcare surcharge, a form of double taxation, she argues. But that would not entitle him to a visa.

“Our house is on the market now. We have booked removal companies for the 6th of June. The dog is booked for his transport. I just think this policy is so out of touch with the modern world,” she said.

Reunite Families UK has called on the government to recognise the right for British or settled citizens to bring their close family members to the UK and scrap the minimum income requirement. Alternatively, the group says the rules should take into consideration the earning potential of both partners and consider “the best interests of children”.

A petition on the UK parliament website asks the government to reconsider the minimum income policy. If it reaches 100,000 signatures, it will have to be debated in parliament.

This article has been produced by Europe Street news.

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