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BREXIT

Who are the Brits in France who have not yet applied for post-Brexit residency?

From fear of rejection to a simple misunderstanding, a new survey has revealed the different reasons why a number of British nationals living in France have not yet applied for post-Brexit residency, even as the deadline looms.

Who are the Brits in France who have not yet applied for post-Brexit residency?
British nationals living in France have until June 30th 2021 to apply for post-Brexit residency. Photo: THOMAS COEX / AFP
British nationals living in France are facing a big deadline to apply for post-Brexit residency at 11:59 pm on June 30th 2021. Those who fail to apply risk losing local healthcare, employment and other rights when the new permit becomes compulsory from October 1st 2021. 
 
France has the highest number of British nationals vulnerable to a loss of rights.
 
According to the British Embassy, recent figures suggested some 135,000 out of 148,3000 Brits have applied for post-Brexit residency, leaving 13,300 at risk. Information about the application process can be found HERE.
 
A new joint survey by RIFT (Remain in France Together), a group supporting the rights of British people living and working in France, and the British embassy revealed the different reasons why people have not yet applied.
 
Firstly, there are those who are nervous about being rejected. One of the issues is that the conditions for legal residency in France is that the person has sufficient resources.
 
 
This has caused a certain amount of consternation among those living on meagre resources in France, but there is no evidence (yet) to suggest Brits are being turned down because of a lack of incomings.
 
The Local understands that out of the tens of thousands who have applied there have only been handful of refusals and they were mainly down to serious criminality on part of the applicant. However no official statistics have been released.
 
 
However, failing to apply on time could create more problems, as you will need “reasonable grounds” for having missing the deadline. Those of have applied for residency and been turned down have the right to appeal the decision – full details HERE.
 
There are others who simply still don’t know they need to apply.

Rights groups in France and the British Embassy have long been concerned about those Brits living off the radar in the country, who still might not be aware of the bureaucratic hoops they now need to jump through thanks to Brexit.

Even to this day The Local receives emails from people unsure whether they need to apply.

There has been a desperate communication drive by the British embassy, resident groups and campaigners to get the word out. However, campaigners say not enough has been done to raise awareness. More information can be found HERE.
 
All British nationals who were resident in France before December 31st, 2020 are required to apply for the residency permit known as a carte de séjour – even people who have been here a long time, who are married to a French person or who previously had a residency card.

It also applies to people who already hold a European carte de séjour, are in the process of applying for a French nationality, or are married or PACSed to French or other EU nationals.

The only group who don’t have to apply are Brits who have already obtained dual nationality with an EU country, although they may apply if they wish. Children under 18 do not need to apply.

Other respondents said they haven’t applied because they didn’t know how to apply or they need help with the application process. You can get help HERE.
 
 
There were also Britons living in France who are simply leaving it until the last minute, but do intend to apply before the deadline on June 30th.
 
Finally, a large part of respondents are relying on their dual nationality (UK/EU member state), and therefore do not need to apply, though they can if they wish.
 
 
 
 
According to British in Europe, an organisation campaigning for the rights of UK citizens in the EU, there are five key groups of British nationals in France that are at risk of falling through the cracks:
 
– Those who know what they need to do but haven’t got round to sorting out their paperwork to apply yet.
– The elderly or vulnerable who are being cared for, and who have very little access to internet and social media.
– Younger adults who have grown up in France and are fully integrated in French families who believe their EU spouse/kids mean they do not nee to apply.
– People who have lived here for decades, often in French families and who may have residency permits – some of whom don’t identify as British.
– Third country national family members who rely on a UK national for residency rights.
 
 

Member comments

  1. I have concerns for people who have made applications, received attestation and await contact from préfecture. I know 3 people who chased up and were told there was no dossier. They had to apply a second time. Two other people were told that they had not replied to an email. They had not received the email and are technology competent. So 5 errors out of 12 people that I know have applied.

  2. According to some at the Anthony prefecture some Brits are arrogant thinking the can stay whatever happens.

  3. I know exactly zero people out of dozens who applied in good time who haven’t got their cards yet.
    Funny how these things work…..

  4. You state that those in the process of applying for French nationality need to apply for the carte de séjour. What if you have a dossier/référence number for your application for nationality and the application is quite far along and you are just awaiting the call for the interview?

    1. Hi, If you are not a French citizen by September 30th (and the application process for citizenship on average takes 18 months to 2 years) you will need a carte de séjour. A dossier or reference number for a citizenship application is not proof of your right to residency

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RESIDENCY PERMITS

‘Huge setback for non-EU workers’: Plan to make it easier to move around Europe fails

EU governments have failed to agree on a reform of EU long-term residence rules that would have made it easier for third-country nationals to move within the European Union.

'Huge setback for non-EU workers': Plan to make it easier to move around Europe fails

Opposition to the planned changes from France and Belgium – which holds the rotating Presidency of the EU Council this semester – proved decisive. In the end negotiations reached a deadlock and the planned reform – which would essentially have made it easier for non-EU nationals to live and work in other Schengen area countries – was dropped.

German MEP Damian Boeselager, the lead negotiator for the European Parliament,  was left angry by the failure and shared the news this week with colleagues in the home affairs committee.

“This is a huge setback for everyone who hoped Europe would finally understand the necessity to update its migration laws and become more attractive for international talent,” he said.

“The long-term residence directive… was adopted first in 2003 and has not been updated since. But the Council was not willing to accept any of the substantial improvements that the European Commission proposed… Instead, it seems that one national government, in particular, threw all its negotiation power and size to build a blocking minority,” he added.

“I am of course super sad for all the work that has been put into this… But I think the real tragedy lies outside this house and that is, in two different areas.

“First, for the millions of third-country nationals already living in Europe who would have been subject to the improvements, but also for all those who are considering to come to Europe and now might decide against it. And second, for the thousands of businesses and start-ups that hoped that there would be easier procedures and less waiting times and who have been deprived of the chance to make Europe more competitive.”

Little-known EU residence status

Under a little-known EU law, third-country nationals can acquire EU-wide long-term residence if they have lived ‘legally’ in an EU country for at least five years. They also must not have been away for more than 6 consecutive months and 10 months over the entire period. (British citizens covered by the Withdrawal Agreement benefit from different rules on absences in comparison to permanent residence, but it is not clear what impact they would have on qualifying for EU long term residence. We are seeking clarification.)

In addition, they have to prove to have “stable and regular economic resources”, health insurance and can be required to meet “integration conditions”, such as passing a test on the national language or culture.

In theory the status, which was created to “facilitate the integration” of non-EU citizens who live in the EU on a long-term basis, grants some free movement rights. However, in practice, this is not the case as different rules on residency apply in each EU country and most applicants are simply unaware the EU status exists.

In an interview with The Local last year, Damian Boeselager, a member of the Greens/European Free Alliance group in the European Parliament, said that free movement for non-EU citizens was still an “illusion”.

“The truth is that Europe needs labour migration in all areas and all skill levels and therefore, if we want to be more attractive, we should make it easier (for non-EU citizens) to move from one member state to the next,” he argued.

In 2020, 23 million third country nationals – 5 percent of the EU’s population- were living in EU member states. Of these, more than ten million held a long-term or permanent residence permit.

INTERVIEW: Why it must be made easier for non-EU citizens to move around Europe

‘Time was against us’

The European Commission had proposed in 2022 to simplify EU long-term residence rules. Under proposed measures, non-EU citizens would have been able to cumulate residence periods in different EU countries to reach the 5-year requirement, instead of resetting the clock at each move. The plan would have meant all periods of legal residence would have been fully counted towards the 5 years, including those spent as students, beneficiaries of temporary protection or on temporary grounds – which is currently not the case.

Integration tests should not have been too burdensome or expensive, nor should they have been requested for long-term residents’ family reunifications. The Commission had also proposed to extend from 12 to 24 months the possibility to leave the EU without losing the status, with facilitated procedures to re-acquire it after longer absences.

READ ALSO: What is the EU’s plan to make freedom of movement easier for non-EU nationals?

The Commission’s proposal had to be agreed by the European Parliament and Council, which is made of representatives of national governments.

The Parliament supported the Commission and sought to further relax rules, asking to cut the residency requirement to obtain EU long-term residence from five to three years.

But when it came to the EU Council it proved harder to reach an agreement.

The representatives of EU governments only agreed to cumulate residence periods of up to two years in other member states and only in certain circumstances, such as for EU Blue Cards or other permits for highly qualified employment.

EU governments also wanted to continue requiring “integration conditions” and to “assess the situation of their national labour markets.”

The Council and the Parliament had to reconcile their positions to agree the final text of the law. But after months of discussions, the Belgian Presidency said this week there was not “enough support” from EU member states to continue talks.

Belgium’s Secretary of State for Asylum and Migration, Nicole De Moor, said: “We have to realise that time is against us on this subject. We are nearing the end of the legislative term… we had a lot of discussions, but unfortunately at this point in time the water is too deep.”

A key factor of disagreement was the possibility to cumulate residence periods in different EU member states. France in particular was against it as this would have clashed with the idea of integrating long term into French society, an EU diplomat told The Local.

Other countries were concerned by the ability to exchange information to verify residence periods. Austria, on its part, was against the inclusion of family members in the scope of the directive.

Overall, The Local understands, with the European elections looming there was not appetite among EU governments to relax such measures.

What happens next

The file could now remain pending until another presidency puts it back on the Council agenda, but this is unlikely to happen soon, as the next Presidencies will be held by Hungary and Poland. The European Commission could also decide to withdraw the proposal with a view of presenting a new one, but that won’t happen until the next Commission takes office.

The article is published in cooperation with Europe Street News.

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