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BREXIT

Visas and second homes: What are the main issues for Brits in France post-Brexit?

Since the end of the Brexit transition period, Brits have faced new requirements for visiting or living in France. Here are some of the most common problems that readers of The Local have encountered with navigating the world of visas, residency cards and the 90-day rule.

Visas and second homes: What are the main issues for Brits in France post-Brexit?
Photo by KENZO TRIBOUILLARD / AFP

Pre-Brexit, UK nationals benefited from EU freedom of movement – which meant that moving to France did not require visas, while visitors could spend months at a time here without worrying about the 90-day rule.

But since the end of the Brexit transition period in January 2021, Brits have entered the world of ‘third country nationals’ who require visas and residency permits to live here, and have restrictions on visits (the same way that other non-EU nationals such as Americans, Canadians and Australians have always had).

Over the last couple of years, The Local has received a lot of questions about how the system works and which are the best visa options for Brits in France – whether they’re moving here to work, retiring here or wanting to spend time at a second home.

Brits already living here before the end of the Brexit transition period were able to benefit from the Withdrawal Agreement. This meant that they could stay, but had to register for a special post-Brexit carte de séjour residency permit.

Although the process was a long one, it seems that most people eventually got their card with few problems and are now able to use the card whenever necessary to prove their right to stay. In general, France has not seen the same type of problems as in Sweden and Denmark – where hundreds of Brits have been expelled from the country because they did not have the correct post-Brexit paperwork.

Those who move here after that date, or with to visit for long periods, will need a visa.

Here are the most common queries that people have raised;

Under 18s – perhaps the biggest issue for people who were already living here prior to 2021 is teenage children. Children do not require a carte de séjour, but once they turn 18 they must get one. Children who were living here with their parents before the end of the transition period still benefit from the Withdrawal Agreement, but cannot use the special online portal set up for post-Brexit residency cards. Instead, the application must be made directly at the préfecture.

EXPLAINED: How Brits in France can secure residency rights for their children

Under 18s who do not yet have the card have reported issues with proving their right to residency when, for example, they start learning to drive or want to get their first job. There have also been some issues with travel – full details here.

Moving to France

Brits who move here after January 1st 2021 don’t benefit from any kind of special deal and are treated exactly the same as other non-EU citizens such as Americans, Canadians and Australians – which means visas and residency permits.

‘Be prepared to wait’ – readers’ tips on getting post-Brexit visas

Some of the most common questions we are asked is what type of visa to apply for – we address that question in more detail here. It’s important to have the right kind, as all visa types have their own rules, for example a visitor visas requires an undertaking that you will not work in France.

The other thing that frequently catches people out is the post-visa paperwork. Getting the visa is far from the end of the admin – you will usually need to validate it upon arrival and may also be required to go for a medical appointment, take language classes or register with the OFII – more detail here.

Second-home owners 

The largest volume of questions we have received have been from second-home owners struggling to understand the restrictions on the time they can spend here. 

Pre-Brexit, Brits who owned property here could spend as long as they liked here, but since Brexit the 90-day rule applies. In short, second-home owners must restrict their visits to 90 days in every 180, or get a visa if they wish to spend longer.

The 90-day rule itself is quite complex, you can find a full explanation here and the answers to some common questions below;

For many people, 90 days in every 180 is enough, but those who want to stay longer will need a visa.

The biggest confusion here is around the type of visa needed – confusingly, France has two visas known as a ‘visitor visa’ – however they are very different.

Second-home owners who want to keep their main residence in another country should take the short-term visa known as visa de long séjour temporaire visiteur – or VLS-T. This is usually valid for 6 months and you can have one per year.

The other type of visitor visa is the long-term visa de long séjour valant titre de séjour visiteur or VLS-TS. This is for people who intend to live in France without working (eg pensioners). It may seem attractive to second-home owners as it lasts for a year, but by applying for this visa type you are telling French authorities that you intend to live here. This means extra post-visa requirements (as outlined above) as well as implications for tax and healthcare. 

You can find a full explanation of the difference between the two ‘visitor’ visas HERE. 

Second-home owners who wish to keep their main residence in the UK also need to be aware that they are not entitled to the post-Brexit carte de séjour – some of these were issued in error, but having this type of card when you do not live in France can create all sorts of problems from issues with the French taxman to problems with car registration – full details here

And finally a word about tax – residency in immigration terms and ‘tax residency’ are not the same thing, and spending a large portion of the year in France can affect your tax status.

Many people also ask us if France is likely to either relax the 90-day rule for second-home owners or create a special second-home owner visa. We don’t pretend to be able to predict the future – but we put that question to the former UK ambassador to France to ask his opinion. Here’s what he said

If you have a question not covered in this article, feel free to email us on [email protected] – you can find more information in our Brexit section HERE.

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LEARNING FRENCH

Vocab guide for the French property tax declaration

With the deadline to have completed the property tax declaration approaching, here's a look at all the vocabulary you will need to fill out the form.

Vocab guide for the French property tax declaration

The property tax declaration must be completed by everyone who owns property in France – including second-home owners who live in another country.

You can find our guide to registering and filing your declaration HERE.

The form can be filled in either online or on paper and, naturally, it is in French – in fact it’s in the special kind of bureaucratic French reserved for admin tasks.

Here’s a look at how to translate it;

Personal details

It begins with asking for personal details from the property owner. If the property is owned jointly by two or more people, only one person needs to do the declaration, but you will need to list all the people who use it (more on that later).

Nom de naissance – this is your surname (family name) as it appears on official documents like a passport

Nom d’usage – this is the surname that you are known by. The reason that it’s on the form is that in France women do not officially change their names when they marry and documents like their passport or driving licence remain in their maiden names. However, they may be known in everyday life by their husband’s surname – for example the president’s wife is widely known as Brigitte Macron, but her passport will say Brigitte Trogneux (her maiden name).

For most people; their nom de naissance and nom d’usage will be the same. Correspondence will be addressed to you by your nom d’usage.

Prénom(s) – first names – if you have any middle names, include them.

Date de naissance – date of birth (in the format day/month/year)

Lieu de naissance – place of birth. This should be listed as it appears on your passport

Numéro fiscal – tax number. If you have previously paid property tax bills this number will be on the bill. If you have not yet received a bill and don’t have a tax number for any other tax tasks (eg the annual income tax declaration) the first thing that you need to do is request a numéro fiscal – full details on how to do that HERE.

Votre adresse de domiciliation – the address that you live at. For foreign second-home owners, this will be their address outside France, not the address of the French property.

– house number

Voie – street name

Complément d’adresse – any extra lines of the address, if applicable 

Code postal – postcode/ZIP code

Ville – town

Pays – country

Votre téléphone – phone number. If it is a non-French number, remember to include the country code 

Votre adresse courriel – email address

Si vous avez conservé l’usage de votre résidence principale et que vous êtes hébergé(e) dans un
établissement d’hébergement pour personnes âgées dépendantes (EHPAD), veuillez cocher la case – this probably won’t apply to many people but if you have moved into a care home or nursing home but are keeping your property as a main residence, tick this box.

Property details

The next section is about the French property that you are declaring

Cette déclaration concerne ma résidence principale – this declaration concerns my main residence (tick yes or no). This bit is important because it will determine which property taxes you pay. A property is your ‘main residence’ if you live there most of the time – for other uses (second home, holiday home, rented out property), tick ‘no’.

La nature de votre bien – Maison/Appartement – is your property a house or an apartment

Superficie – size in metres squared (this should be included in your property deeds)

Étage – number of floors

Porte – number of doors

Tick any of these that appy; Cave – cellar, Garage – garage, Parking – dedicated parking space (this doesn’t include a driveway, it’s more for city dwellers whose apartment may have a separate parking area), Piscine – pool 

Si vous possédez d’autres biens à une adresse différente, veuillez remplir une nouvelle déclaration
d’occupation – if you own more than one French property, you do a separate declaration for each one

Précisez l’adresse de votre logement (ou bien) concerné par la déclaration si elle est différente de votre
adresse principale – address of the property being declared, if different from your main residence. For second home owners, this is where you put the address of the French property. The format is as described above.

Property use

The next section is asking you what the property is used for.

Vous avez la jouissance de ce bien – you have the use of this property. You tick this if it is your main home, but also if it is a second home or holiday home. 

Vous occupez personnellement le bien depuis le – you have occupied the property since [date]. This date is the purchase date. This applies to second-home owners too, if you don’t rent out your property then you are the ‘occupier’, even if you are not always there.

Si vous occupez ce logement avec un conjoint ou un des indivisaires, veuillez préciser leur identité (ne pas déclarer les enfants mineurs) – identity of anyone that you share the property with. This would include your spouse or partner for couples who own property together, or any other co-owners or people who live with you as long-term tenants. You only need to include your children on this if they are over the age of 18.

Votre bien est occupé par une ou plusieurs personne(s) autres que vous-même – the property is occupied by someone other than yourself. You tick this if the property is rented out to someone else or someone else uses it as their main residence (even if they don’t pay rent). In this case you will be asked for their details plus the start date of their tenancy.

You will also be asked if the tenant is a personne physique or a personne morale – this has nothing to do with their physical appearance or morals, it’s whether your tenant is a private individual or a business or organisation.

Votre bien fait l’objet d’une location saisonnière ou de courte durée (contrat de location d ’un
meublé inférieur à 6 mois) [ne pas compléter l’identité des occupants] – your property is rented on a short-term or seasonal basis (contracts of less than six months) – this is what you tick if your property is rented out as a holiday home on a regular basis

Votre bien est vacant (il n’est pas occupé et vide de meuble) depuis le [date] – your property is vacant. This doesn’t apply to second homes, even if they are empty for a significant part of the year. In order to be classed as a ‘vacant’ property, it must be unoccupied and empty of all furniture. This usually applies to rental properties that are between tenants.

Je déclare ne pas avoir d’accès à internet – if you’re declaring on paper you will see this as the bottom next to the space for your signature. This is because the paper declaration is supposed to be available only to people who cannot file online, due to a lack of internet access. 

Don’t forget to sign and date your declaration before sending it back, if you are declaring on paper.

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