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BREXIT

How long will Britons be able to stay in France after Brexit without becoming a resident?

For British people living in France Brexit has thrown up plenty of administrative challenges, but what about those who enjoy spending time here but don't want to make the move on a full-time basis? Well things will change for them too after December 31st.

How long will Britons be able to stay in France after Brexit without becoming a resident?
Photo: AFP

From people who do short-term stints of work in France to those who want to spend a few months working on that dream restoration project in the French countryside or just those who enjoy long visits, plenty of Brits take lengthy stays in France.

Up until now EU freedom of movement has made this a fairly simple process with no need to watch the clock on your visit or engage in complicated form-filling.

But from December 31st, when the Brexit transition period ends, there will be more restrictions on visits to France for British nationals.

The below applies only to people who are not residents in France and have no intention of making the move – if you are already living in France or plan to be by the end of the year then click here to see what you need to do.

Many people believe that owning property in France gives you extra rights on staying here, but in fact that is not the case.

The time you can spent in France could be limited from 2021. Photo: AFP

The rules on visits are one of the (many) things yet to be negotiated but if nothing new is agreed then non-resident Brits in France will be subject to the 90-day rule.

With still no trade deal agreed and a lot of really quite pressing concerns that need to be addressed in the next three months it seems likely that the 90-day rule will become the rule from January, even if a separate bilateral agreement is reached at a later date.

So what does the 90-day rule mean?

At present the majority of EU countries operate the 90 day rule for people who do not have residency or a work or study visa.

So Americans, Australians, Indians and other non-EU nationals in France will already be familiar with this rule – people who are not resident here can spend up to 90 days out of every 180 in the EU (with or without a visa depending on the country you are visiting from) but after that must either apply for residency or a work or study visa.

The rule states that over a year you can spend 180 days in total in France but not consecutively, you would have to spend time outside the EU (such as back in the UK) in between.

You can do your 90 days as one block or as several shorter trips, but in every 180 days the total number of days must not exceed 90.

It's worth pointing out that the 90 day rule applies to the total number of days for all countries in the Schengen area.

So if you have a three-month stay in France you wouldn't be able to – for example – go and spend a weekend with George Clooney in his Italian lakeside villa during the same 180-day period.

The EU offers this Schengen Area calculator to allow you to calculate your stay.

If you want to spend longer than 90 days at a time in France you really only have two options – get a visa or become a resident.

If you go for the visa option be prepared for a lot of paperwork. Photo: Unsplash

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 though, so this won't be suitable for people who want to work.

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 paying for the visa, which is between €80 to €99 depending on the type.

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.

Working visas are a little more complicated and depend on the type of work – see more here.

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 need to apply for a carte de séjour residency permit – which comes with its own conditions (depending on whether you move before or after December 31st). You can read more on those here if you plan to be resident in France before 2021 and for those who plan to move after Jan 1st 2021 can find out more here.

You will also need to become a tax resident in France, which means filing annual tax returns with French authorities, even if all you income comes from the UK, and registering with the French healthcare system.

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.

Could you just slip under the radar?

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. It's also true that there is likely to be a 'bedding in period' for the new rules.

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 make 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. Judging by the latest figures of deaths from the virus in the UK, do we really want these diseased people roaming France.

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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