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BREXIT

‘Doors will close for Brits in EU’: Why the UK’s post-Brexit immigration plan has sparked alarm

It's fair to say the UK government's planned new post-Brexit immigration system - with its language requirements and minimum salary levels for EU migrants - has sparked worry among British groups in Europe.

'Doors will close for Brits in EU': Why the UK's post-Brexit immigration plan has sparked alarm
Photo: AFP

The UK government announced its planned new immigration system this week and it immediately sparked concern for the future of those Britons who want to move to the EU in future.

The new points-based system to replace the freedom of movement which allowed EU nationals to move to freely to the UK will be implemented once the Brexit transition period comes to an end. That date is currently set for December 31st 2020, but it may be pushed back.

While Britons currently living in the EU and those who move before the end of the transition period are covered by the Withdrawal Agreement, it is unclear what the rules will be for future generations, although they will become third-country nationals.

But how easy it will be for Brits to move to France, Italy or Spain in future could depend on what kind of system the UK puts in place after Brexit, which is why many are concerned. Brits living in Europe now could face tough choices in the future and those hoping to move to the EU could find doors are closed.

The UK government said this week it wanted to take “full control” of its borders by installing an Australian-style points-based system, that would effectively close the doors to unskilled EU workers as well as those who can't speak English to the required standard.

In a statement the government said: “These new arrangements will take effect from January 1st 2021, once freedom of movement with the European Union (EU) has ended. It will treat EU and non-EU citizens equally and aims to attract people who can contribute to the UK’s economy.

“The points-based system will include a route for skilled workers who have a job offer from an approved employer sponsor. 

“From January 2021, the job you’re offered will need to be at a required skill level of RQF3 or above (equivalent to A level). You’ll also need to be able to speak English. The minimum general salary threshold will be reduced to £25,600.

And the government adds that there'll be no “immigration route specifically for low-skilled workers” or indeed for the self-employed.

There will also be language restrictions for students.

“Student visa routes will be opened up to EU, EEA and Swiss citizens.

“You’ll be able to apply for a visa to study in the UK if you: have been offered a place on a course, can speak, read, write and understand English and have enough money to support yourself and pay for your course.”

While the plans are for migrants heading to the UK, the strict rules are understandably a cause for concern for those British nationals who may want to move the other way in future or indeed move back to Britain with their EU partners.

Kalba Meadows from British in Europe told The Local that Brits living in Europe may be forced into a tough choice in future.

“For British nationals living in the EU with non British spouses or partners, it will effectively close off the possibility in future of returning to the UK to live unless they choose to leave their partner behind.

“What if they have elderly parents in the UK who need their care … do they really have to choose between partner and parents?”

While nothing has been announced by EU member states there are fears countries will follow the principle of reciprocity and it will therefore become much harder to move to the EU.

“It's inevitable that there will be knock on-effects of reciprocity,” said Meadows.

“We can expect British people wanting to move to France or other EU countries in future to have a much harder time of things.

“So many of us have moved to France, for example, over the last few years to start small businesses … with the UK now closing its doors to anyone wanting to be self-employed we might expect that door to be – if not closed completely to us – become decidedly sticky and difficult to open.”

Michael Harris from Eurocitizens in Spain said: “If Britain does decide to stop any freedom of movement from the EU after 01/01/21, this will obviously be reciprocal for Britons in the UK wanting to move to the EU – and there is very little we can do to stop it.”

Harris also points that the UK's stance will make it far less likely for the EU to agree to granting Brits already in the EU onward freedom of movement, which effectively landlocks Brits in the country they are in. 

British in Europe's Fiona Godfrey added: “This will have repercussions for UK nationals already living in the EU. We are still waiting for some countries to decide how they will register  us under the Withdrawal Agreement and this probably won’t help persuade them to choose the declaratory option rather than the re-registration option. 

“And, of course, it’s not going to help Brits who want or need to leave their host country to find work elsewhere in the EU if the member states reciprocate, which we expect them to do. 
 
“All in all, it’s more British exceptionalism, insularity and delusion. It would be embarrassing were it not for the fact that so many UK  lives and livelihoods in the EU, and EU lives and livelihoods in the UK are dependent on the UK government acting in good faith and treating EU nationals living there as assets to the country rather than units of “cheap labour.” The hostile environment has to stop.”
 
Paul Hearn from the organisation Brexpats Hear Our Voice told The Local: “I'd say that it is too early to suggest that any states would apply any different criteria to migrating UK citizens than they do to migrants from any other country.  Although the UK Government are proposing a different migration policy to that which currently exist in the UK, it is not specifically directed at the EU, but will apply to migrants from anywhere.  
 
“What is possible is that many states could review their policies to determine if there is any merit to be taken from tightening their systems along lines similar to the policy proposed for adoption in the UK from January 2021.
 
There were also concerns expressed by people on Twitter.
Much of the focus was on languages and how Brits hoping to move to the EU would struggle to meet any requirements if they were imposed by EU member states.
 
Fiona Harrison said: “Unfortunately this will also probably mean the Brits can’t work in the EU if arrangements are reciprocal. How many of us really speak languages? We rely on English being fairly universal.”
 
And Bruce Banner asked what the reaction would be if France and Spain forced all British people to speak French and Spanish before they moved. While most Britons do learn the local language it is more often than not only after they have made the move.

Over the coming months EU governments are due to announce their own criteria for post-Brexit immigration. 

Given the UK's planned system, it is no wonder so many Britons are reportedly rushing to move to the EU before the end of the transition period.

 

 

 

Member comments

  1. Funny enough most Europeans I know have a level of English good enough to meet the expected level required for post Brexit imigration into the UK, while most British people I know – back in the UK – have no second language skills and would find it difficult to meet the local language requirements (B1/B2) for imigration. Last year our daughter finished her “Bi-lingual Abi”, the entire class has English B2/C1 and French B2, on top of German naturally.

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BRITS IN FRANCE

9 things Brits need to know about moving to France since Brexit

There's no doubt that Brexit has made moving to France more complicated for Brits - but it is still possible. Here are some of things you need to know before making the move.

9 things Brits need to know about moving to France since Brexit

Brits who want to move to France now face a radically different process from those who took advantage of EU freedom of movement to make the move before Brexit. 

It’s a more complicated process – but it’s still possible and 8,700 UK nationals moved to France in 2023

Here are some of the big things you need to know before making the move.

1 Visa

The biggest post-Brexit change is that Brits moving to France now require a visa (unless they have dual nationality with an EU country).

The visa must be applied for first, and only when it is granted can you make the move – you cannot come to France and then apply for residency (unless you are covered by the Withdrawal Agreement, more on that below).

There are various different types of visas depending on what you intend to do in France – work, study, retire etc – and many of them contain conditions eg people on a ‘visitor’ visa are not permitted to work in France.

It makes things less flexible as it’s harder to change your plans once you have arrived. It also means that it’s harder to have a ‘half and half’ lifestyle – eg retire from your day job and move to France to run a gîte or B&B.

Explained: What type of French visa do you need

The best visa type is undoubtedly the ‘Talent Passport’, so it’s worth checking whether you fit any of the criteria for this visa type

2 Residency card

Once you have your visa and have moved to France this is very far from being the end of the process.

You will need to apply for a residency card after a certain period (usually three months but different visa types have different rules) and according to your personal situation you may also be required to attend a compulsory medical, language classes and ‘integration’ classes through the French office of immigration and integration (OFII) – more on that here

READ ALSO Getting a French visa – what paperwork comes next?

3 Health cover 

When it comes to health there is some good news – Brits have retained many of their pre-Brexit rights to healthcare.

While you may need to provide proof of private health cover for your visa (depending on the visa type) once you have been resident in France for three months you are entitled to register in the French health system, which covers most of your medical costs.

Full details on how to register HERE.

Brits who are retired and have reached UK pension age also retain their right to an S1 – the status which entitles you to register in the French health system, while the UK continues to pay your medical costs.

4 Remote working 

The rise in remote working means that the dream of moving abroad seems much closer for working-age people – since you will be able to work remotely in your native language, maybe even keep your existing job and simply relocate.

While this is possible, you need to do careful research in advance to ensure that work is compliant with your visa and tax situation. Unlike some countries, France does not have a ‘digital nomad visa’ or other visa types aimed at remote workers, in fact the visa rules were written before remote working became widespread, which is why there are some grey areas.

Most lawyers advise getting a working visa (salarié if you are working remotely for a French company as an employee, or auto-entrepreneur for freelancers) and paying social contributions in France. Find full details on visa and tax implications.

READ ALSO France’s entrepreneur visa and how to get it

You also need to be aware that being a remote working can have an effect on your long-term plans in France – for example if after five years of residence you intend to apply for French citizenship you will need to prove that the ‘centre of your economic activity’ in in France. If all your work is done remotely for foreign companies then this could be a reason to have citizenship refused. 

5 Working restrictions 

If you want to work in France (remotely or not) you first need to check if there are any restrictions on your profession – certain types of work are ‘regulated professions’ in France, which means you will need specific French qualifications and/or registration within a French guild or professional organisation. The number of professions that are ‘regulated’ is surprisingly wide – taking in everything from chimney sweeping to hairdressing.

The next step is whether your qualifications will be recognised in France – EU countries generally recognise most of each other’s qualifications apart from in certain specific areas like medicine, but this is no longer the case for qualifications gained in the UK – more details here.

There are also certain jobs that are restricted to French citizens only, while others – including working in the public sector in positions including being a librarian – are limited to EU citizens only.

In visa terms, the simplest way for working-age people to come to France is as a salarié (employee) but to do this you will need a job already in place and your new employers will have to act as sponsors for your visa and may also be required to get a work permit for you. All of which means that Brits are less attractive as employees than EU citizens, which makes getting a job harder.

The other option is to be self-employed as either a freelancer, contractor or running a small business – this is a more complicated visa to get, requiring a detailed business plan. Once in France you need to register yourself as a small business/self-employed and register with Urssaf.

READ ALSO Urssaf – what is it and how does it work?

6 Tax

If you are living in France, then you will need to do the annual income tax declaration – even if all your income comes from abroad and you are retired/not working in France.

Full details on that HERE.

This was in fact the case before Brexit as well but previously there was a little more flexibility for people who split their time between France and the UK. These days if you want to be here for the majority of the year then you will need a visa/residency card, which removes much of the ambiguity about who is a ‘resident’.

The main post-Brexit difference is the rate at which prélèvements sociaux (social charges, similar to National Insurance) are charged on overseas income (eg earnings from work in the UK or income from renting out a UK property).

The rate is 7.5 percent for income from an EU country and 17.2 percent for income from a non-EU country – after Brexit, UK income switched to the non-EU rate.

7 Driving licence 

Foreigners who make France their home will sooner or later need to swap their driving licence for a French one. This too was the case even before Brexit, but many UK or NI licence holders never got round to making the switch, and there wasn’t a lot of enforcement of the rule.

This has now been tightened up and UK/NI licence holders will need to swap their licences for a French one – the exact details of when you make the swap are slightly different for Brits than from other non-EU nationals due to a specific UK-France deal. Find full details HERE.

If you want to bring a car with you from the UK to France, you will also need to re-register it as French – full details HERE.

8 Banks 

Most people moving to France will want to set up a French bank account for daily life, but you may also need a UK account, especially if you are a pensioner as some pensions will only pay into a UK account.

However since Brexit some of the biggest UK high street banks have been closing the accounts of their customers who do not live in the UK.

Alternatives include specific ‘expat’ accounts or internet banks – more details HERE.

9 The Brexit Withdrawal Agreement

It’s worth mentioning the Brexit Withdrawal Agreement even though most of it will not apply to newcomers. In brief, the citizens’ rights part of the Withdrawal Agreement covered people who moved to France prior to December 31st 2020, and intended to give them an easy way to remain in France and retain at least some of their pre-Brexit rights.

In general it does not apply to newcomers unless you are a close family member of someone who is covered by the Withdrawal Agreement – either a spouse or civil partner (in which case you must have married/ registered your partnership prior to December 31st 2020) or child. These people have a different path to residency, and can arrive in France and then request residency via the local préfecture of the family member who is already living here.

It’s also worth mentioning because of how different it is to the situation for new arrivals. It’s normal to ask Brits already living in France how they found the whole process – but if someone starts to tell you that getting residency is easy, the first question that you need to ask is when they moved here.

Those here prior to 2021 did indeed get an easy process – they had a special website to apply online for (free) residency cards and received straight away either a 5-year or 10-year card. This is a totally difference process to the one for Brits moving to France now.

If you’re asking around you would be better talking to Americans, Canadians or other non-EU nationals since their process is much more similar to that now in place for Brits.

. . . And new deals/visas/residency permits for Brits

Every now and again UK media will report which great excitement the possibility of a ‘new deal’ for Brits that will make moving to France, or buying a second home here, easier.

These reports should all be taken with a pinch of salt – there are currently no negotiations underway that would affect the process of Brits moving to France, and even if something is proposed in the near future it will likely take years to come into effect because these types of international agreements usually happen slowly.

A proposal for a ‘youth mobility scheme’ from the EU was rejected out of hand by British politicians before it had even been formally offered.

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