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MOVING TO FRANCE

How can British second home owners spend more than 90 days in France?

While Brexit has thrown up many complications for British people who live in the EU there is another group who are impacted by the changes - second home owners.

Second-home owners are now limited to 90 days in France.
Second-home owners are now limited to 90 days in France. All photos: AFP

Thanks to its proximity, climate and relative affordability (not to mention the good wine and cheese) France has long been a favoured destination for British second home owners.

Some intend that eventually their second home will become their main residence – often by retiring to France – while others just enjoy spending prolonged periods of time in their French bolthole but want to keep their main home in the UK.

We’ve covered how Brexit affects those who plan to retire here, but what about people who want to just carry on enjoying long breaks in France?

READ ALSO How to retire to France

For non-residents the 90-day rule now applies.

This has been in place since January 1st, but Covid-related travel restrictions for the first half of the year have meant that many people are only now being impacted by it.

The rule – the same one previously in place for all non-EU citizens wanting to spend time in EU countries – states that you can spend 90 out of every 180 days in the EU without needing to get visas or residency.

So people who like to spend long, relaxed summers in France, or those who enjoy spending the ski season whizzing down the French Alps, are finding that their plans are curtailed by Brexit.

This site has a fuller explanation of how the 90-day rule works, as well as a calculator to allow you to work out your visits.

A few things to note are;

  • The rule allows for 90 days in every 180, so in total in the course of a year you can spend 180 days in France, just not all in one go
  • It is a rolling clock, so the 90 days are always counted from the previous 180 days, not from the start of the year
  • The rule applies to the whole of the EU, so if you have three months in France you can’t then go to Turin for the Eurovision Song Contest within the same 180 day period
  • The clock only stops once you leave the EU and head to a non-EU country (which now includes the UK).

READ ALSO How British second-home owners can properly plan their 90 days in France

But are there ways round this to allow for longer trips?

Deal/lobbying

The 90-day rule is an EU rule but it is possible that France and the UK could come to a separate bilateral deal here. The UK operates the 180 day rule, where people can spend 180 days per year in the country without a visa or residency and they don’t have to divide them into two 90-day blocks.

This has raised hopes that a similar deal could be put in place for France and several campaigns are running to push for this.

While it could become a deal eventually it’s unlikely to be a priority for either government ahead of the many other Brexit-related issues, as well as the little matter of an ongoing pandemic, not to mention the fact that relations between France and the UK appear a little strained at present.

READ ALSO Current rules for Brits in France ‘as good as they’re going to get’ says ex UK ambassador

Visa

As things stand now, there are two options to spend more than 90 days at a time in France – residency or a visa.

There are lots of different types of visa available – see more on the topic here – but for people who intend to just take long holidays in France the best option is likely to be the visitor visa.

You will need to give assurances that you will not be undertaking any professional activity while in France, so this won’t be suitable for people who want to work remotely from their French cottage for a few months.

You will need to provide a lot of personal documentation including details of your financial situation to show that you can support yourself and will not become a burden to the French state, as well as proof of medical insurance and paying for the visa, which is between €80 to €99 depending on the type.

For the full guide on getting a visitor visa, click HERE.

The visitor visa lasts a year and while you are free to come and go between France and the UK during that year, you will need to apply for a new one each year that you wish to spend more than 90 days in France, or register for a visitor’s carte de séjour.

READ ALSO How much money do you need to get a visa for France

Residency

If you really want to spend long periods in France you may be looking at taking up French residency.

This is more than simply declaring ‘I’m a resident’. To become resident in France you will first need a visa, and then apply for a carte de séjour residency permit.

You will also need to file annual tax returns with French authorities, even if all your income comes from the UK, and register with the French healthcare system.

READ ALSO French tax declaration – what you need to know

You cannot be resident of two countries at once, so if you become a French resident you have to give up your British residency which has an impact on things like tax and access to the NHS. It’s worth pointing out that ‘residency’ in immigration terms is not the same thing as tax residency.

Hoping to slip under the radar/cheat the system

For British people who have got used to coming and going with minimal paperwork or checks this can seem like an attractive option.

For non-EU nationals like Americans and Australians France has earned itself a reputation as being not too fussy about the exact exit date of people who aren’t working or claiming benefits in France, as long as it’s fairly close.

However we would suggest that people don’t rely on this. Unlike the pre-EU days, passports are now automatically scanned when you enter and leave the country, which makes it easy to spot over-stayers.

If you are caught over-staying your allocated 90 days you can end up with an ‘over-stay’ flag on your passport which can lead to you being deported and fined, as well as making it difficult to enter any other country – not just France – and is likely to make any future attempts at getting visas or residency a lot more difficult.

Member comments

  1. on the 90 day max stay in france, can you split into 2 x 21 days for exemple in the 90 day period ? stay for 21, leave for 40, come back again for 21 etc ? anyone know pl ?

  2. As far as I understand it you have 180 days after the clock starts ticking from your first arrival in France to spend up to 90 days, however you wish. You have to wait until 180 days after your first arrival to start another 180 day period. I am no expert so please, anybody, tell me if I am wrong!

  3. @JohnE, As far as I can tell you’re right. On the day of your first arrival in 2021 the clock starts and you are allowed any 90 days in the following 180. It is also important to remember that a) this applies to the whole Schengen area and b) in a year or so’s time you will also need to get a travel permit online in advance (like the US ESTA) to travel from the UK to anywhere in Schengen. These will last three years and cost 9€.

    Additionally if you spend less than 90 days in the Schengen area (not just France) during any 180 day period you can’t carry over the remaining unused days to the next 180.

    And, given that the UK currently appears to be governed by a gang of pathological liars, narcissists, fantasists and psychopaths I would not hold out much hope for alternative arrangements either EU wide or specifically for France. Don’t blame me, I voted Remain.

  4. Note that while becoming a French resident means giving up UK residency this now has minimal effects on your right to access the NHS. The UK has recently moved to a position in common with most EU countries. As long as you remain a UK *citizen* you have a right to free access to the NHS for planned treatment even if you are resident elsewhere. GP services and A&E are, of course, open to everyone regardless of citizenship or residency.

  5. I am a second home owner and therefore have this problem.
    To get a visa for extended stay one must provide proof of medical insurance cover for the duration of the visa – 1 year.
    I am 79 years old and obtaining medical cover is almost impossible. Any suggestions for sympathetic insurance companies.

  6. What I want to do is have a French residency permit (Titre de Sejour) and have two houses; one in France and one somewhere else and spend about 6 months in each residence.

    I just learned today that if you have a Titre de Sejour and are outside France more than 3 months, then the Titre de Sejour is invalidated and you have to start all over again with the Visa.

    So I am not sure how to make this work, other than just use a tourist visa and live in my French house 3 months a year.

    Any angle I am missing here?

  7. The Uk actually allows many people to be out of the country for more than 180 days and still keep their status as tax residents (through the Statutory Residence Test – see https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt). France, however, will regard anyone staying for 183 days or more as a resident for tax purposes. It is therefore possible that you can go to France for, say, 270 days in any particular year (not every year for ever, under the SRT) but will find yourself obliged to fill in a French tax return and be taxed. The France-UK Double Taxation Convention (2008, but still in effect) is very clear, however, that you should, as a UK resident, only be taxed in one place (unless you already have dual citizenship) but the paperwork to claim this and get your money refunded may be just too much to make the longer stay worthwhile.

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For members

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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