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BREXIT

How many British nationals has France ordered to leave the country?

France ordered 100 Brits to leave the country in the first nine months of last year, according to figures from Eurostat.

How many British nationals has France ordered to leave the country?
The logo badge of a French customs officers (Douane) is pictured (Photo by FRED TANNEAU / AFP)

Countries across Europe ordered more than 1,000 Britons to leave their territories in 2023, according to recent data from EU stats agency.

In total EU countries plus Schengen area countries including Norway and Switzerland ordered 1,040 British citizens to leave their territories in the first nine months of 2023, according to data published at the end of December by the EU statistical office, Eurostat.

As for France, the country demanded 100 British citizens leave the country between January and September 2023. This reflects an increase from 2022, when 75 Brits were ordered to leave France. Overall since the end of the Brexit transition period some 215 Brits have been ordered to leave France, according to figures from Eurostat.

Over 200,000 Britons registered to live in France following Brexit.

Figures for pre-Brexit were not recorded given the UK was a member of the EU.

When comparing the UK with other English speaking countries, India comes out on top with 1,575 citizens ordered to leave France during the first nine months of 2023. The UK came in second place, and the US came in third with 70 Americans ordered to leave.

There were also 35 Canadians and 15 Australians ordered to quit France over the same period.

READ MORE: What happens when someone is given an ‘order to leave France’?

What about other European countries?

Despite having one of the highest populations of UK nationals in the EU – estimated around 200,000 based on the number of post-Brexit residency cards handed out – France fell behind other European countries when it came to issuing Brits orders to leave.

According to provisional data from Eurostat, the EU countries that issued the largest number of orders to leave to UK citizens in the first nine months of last year were the Netherlands (275), and Sweden (135).

Whilst the number for the Netherlands is far higher than elsewhere authorities have previously said that when a residency application is rejected or a permit is withdrawn, the person ordered to leave can still apply for a residence permit or appeal the decision, so the final number is likely to be lower than the figure given.

Sweden’s figure of 135 for the first 9 months of 2023 compares to 385 leave orders to UK citizens in the whole of 2022, so quite a big drop.

According to research from our sister site The Local Sweden, the high number in 2022 may have been due to the fact that large numbers of Brits were either denied the right to stay after Brexit or were ordered to leave if their post-Brexit paperwork was not in order.

But Norway, which is not a European Union member but is part of the free movement area with the EU, saw a rise in the number of reported orders to leave issued. Oslo ordered 215 Britons to leave in the first nine months of 2023 compared with 130 in the whole of 2022.

As such, France came in fourth place behind the Netherlands, Sweden, and Norway with its 100 orders to leave.

After France came Denmark (55), Belgium and Latvia (40), Finland (35), Malta (25), Germany and Greece (15), and Austria (5).

Spain, which hosts the biggest UK community in the EU, has not reported any Britons being ordered to leave last year, nor did Italy or Switzerland, according to the Eurostat data.

Eurostat data is pulled from member states own reporting which may differ widely and explain some of the differences between countries. Eurostat’s data is sometimes disputed with a country’s own figures. For example last year Swedish authorities claimed the numbers presented by Eurostat were far higher than the real number of orders to leave handed out to Britons.

The trend shown by the latest Eurostat data suggests a slight decrease in the number of Britons ordered to leave EU countries compared to 2022, when the total was 1,270. But the figure for the full year of 2023 will be available only later in the spring.

Why were people told to leave?

Eurostat data does not specify the reasons why Britons were given the orders so it is not clear why exactly all these British nationals were asked to leave. It also doesn’t make clear the residency status of those subject to the orders.

READ MORE: Overstaying, working without a permit and polygamy – what can get you deported from France?

Overall, according to the EU statistical agency, more than 324,000 non-EU citizens were ordered to leave EU countries between January and September 2023, the largest number (over 102,000) being recorded in France.

Separate Eurostat data revealed that following an order to leave, some 470 British citizens were returned to the UK or another country between January and September last year.

Of these, 125 were deported by Sweden, 55 by Denmark and the Netherlands, 45 by Austria (provisional figure), 35 by France and Latvia, and 20 by Finland.

Norway returned 65 British nationals and Switzerland 5, while Germany, Italy and Spain did not return any.

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For members

BRITS IN FRANCE

6 pension questions British people should ask before retiring to France

If you're British and thinking of retiring to France there are some important questions to think about before you make the move, and before you make any decisions about your UK pension.

6 pension questions British people should ask before retiring to France

Retiring to France is a dream for many, but before turning that dream into reality there are some serious financial questions that you need to ask yourself to ensure that your retirement is a financially comfortable one.

For most retirees, their main or only income will be a UK pension, so it’s important that you understand how your pension will work once you make the move. 

There are some specific rules and restrictions on taking pensions out of the UK, while there is also the question of how UK pensions interact with the French tax system.

Financial adviser, Maeve Hoffman, from Spectrum IFA Group, emphasised that people should not take these decisions lightly, telling The Local: “Figuring out what to do with your pension should be part of your wider financial plans for your life.

“This may be your most important asset, besides your home, and the best answer for what to do with your pension is highly individual. There are no sweeping generalisations when it comes to advice on private pensions. Everyone’s situation is different,” she said.

This article is intended as an overview of how the system works for UK pensioners and is not intended as a substitute for individual financial advice. The article is aimed at people who have worked most or all of their career in the UK and then intend to retire in France – the situation is slightly different for people who work in France and then retire here.

You can find an overview on French tax rules for pensions HERE.

Long-term or short-term

The first thing you need to carefully consider is whether or not your move to France will be for the long-term or short-term. 

When it comes to your UK pension, there are some options that may be advantageous for French residents looking to stay here permanently, but they could make your life very complicated if you end up returning to the UK in the future. 

Do not be afraid to ask yourself the tough questions – is there any chance you will have grandchildren in the future that you will want to be geographically close to? Have you ever spent a significant time in France, aside from short holidays? Do you have roots in France, such as friends, family or a home? If your health deteriorates, will you want to be cared for in France or the UK?

If are unsure about the answers to these questions, then take some time to really think about them. There are alternatives to permanently moving to France if you are unsure – for example, you could spend a few months a year here on a short-term visitor’s visa.

READ MORE: Reader question: Can I retire to France and open a gîte?

Understanding the different tax rules

British retirees should be aware that the UK and France have very different tax systems.

Once you become a tax resident in France, you have to file a yearly declaration, including your global income. The country that gets to tax that income is determined based on the tax treaty between the UK and France, which seeks to eliminate double-taxation. 

READ MORE: EXPLAINED: The rules on tax residency in France

As for your UK-based pension, the treaty states that if you have a UK government or civil service pension (eg a state school teachers’ pension), then this will remain taxable only in the UK. Some old NHS pensions were considered ‘government pensions’, but modern ones might not be. You can check if your pension is classified as ‘government’ here.

You still have to declare this income to the French tax authorities, but you will not be subject to tax in France on it. That being said, it will count towards your total household income, and could end up pushing you into a higher tax bracket which is something you should carefully consider, particularly if you want to take a large sum at once. 

The same is not true of private pensions: these are taxed in France, not the UK, as soon as you become a tax resident here. Confusingly, the UK state pension is also considered a private pension, even though it is paid by the government.

You can find a complete guide to how UK pensions are taxed in France HERE.

As a result, you will want to think about whether your previous plans for your private pension were only advantageous to you as a UK resident. Once you become a French tax resident, they could have unforeseen implications.

You can find more information about tax rates in our tax guide. 

Get reliable, expert financial advice before doing anything

If you have decided you want to be in France permanently, then you will need some expert tax and pension advice – but you need to be careful who you take advice from, this is a highly specialist area and it’s unlikely that high street financial advisers will have the knowledge that you need. 

Brexit has also made getting financial advice more complicated, with fewer experts available.

Maeve told us: “Because of Brexit, you cannot use a UK-based financial adviser anymore – you have to use an EU-registered one. This has made things more complicated. When picking an adviser, seek out someone who has expertise on the local taxation rules in France. They should also be regulated with the financial regulator where you live and where they work.” 

It can be especially complicated to parse out who you can and cannot take advice from – for example, some UK-based advisers have continued to give advice to EU-based clients, even though this can be particularly risky if the investments they recommend do not follow EU regulations.

There are also expat-oriented financial advice services that are located outside of France, but seek to offer tax advice to people in France.

She added: “Be smart and sensible. If you choose an adviser in Dubai or Spain for example, you will now be adding another regulatory organisation into the mix, plus another language.

“There are free, government-based services in the UK that can help you understand your private pension – Pension Wise and Money Helper. Before doing anything, you should consult the free services. Any financial adviser worth their salt would recommend this too. 

“These services have begun to have longer wait times, so be sure to book well in advance of when you plan to draw from your pension.”

Deciding whether to transfer your pension

Another question that is important for Brits to think about is whether or not to transfer their pension into either a UK-based SIPP for non-residents, or a QROPS (Qualifying Recognised Overseas Pension Schemes).

The SIPP will keep your pension in the UK, while the QROPS moves it out of the UK, to Malta specifically. 

These options can be helpful for French residents, but you need to familiarise yourself with their benefits and drawbacks.

“The QROPS is not for someone who is unsure of their future in France, as if you return to the UK within five years of the pension transfer HMRC will seek their tax back as if it was a full encashment,” Maeve said.

In France, a QROPS is considered a trust, you may also have additional reporting requirements to fill out along with your annual declaration (more info here).

You should beware of scams on this subject, as the post-Brexit period saw many scammers seeking to persuade Brits that it was now mandatory to transfer their UK pension – always be wary of any cold-calling or unsolicited financial advice.

READ MORE: Ask the expert: How to avoid pension scams when you retire to France

Determining how you will want to draw from your pension

The next question is how you want to receive your pension – either as regular income or as a lump sum. The option that you chose will have tax implications in France.

If you receive it as a regular income, when doing your yearly French tax declaration, you will add up your pension income for that year and you will be taxed at the normal marginal rates for income (the barème). These rates go up to 45 percent (for the highest earners only) plus social charges if they apply (more on this below).

Pension income can also benefit from a 10 percent tax deduction, as long as it does not exceed €4,123 or fall below €422 per household.

Lump-sums are more complicated. Technically, French tax authorities would allow a return of once off pension capital to be taxed at a flat rate of 7.5 percent. 

But in reality, Hoffman explained that anyone seeking to do this would need the express, written confirmation from French tax authorities that this rate will be applied.

She also explained that the type of private pension matters when seeking to get the lump-sum flat rate.

“There are plenty of different types of private pensions in the UK, but the old ‘defined benefit schemes’ have been the gold-plated standard. These are the types of pensions that give you a portion of your salary for the rest of your life. 

“In principle, you should be able to take out lump-sum of 25 percent of your ‘defined benefit scheme’ pension and be taxed at the 7.5 percent flat-rate. That being said, some people get refused, so you cannot make any assumptions and you need clarification from the French tax office.

“As for all of the other types of private pensions in the UK, like the money purchase or personal pension schemes, these are considered to be ‘funds’. If you want to benefit from the lump-sum then you would have to take out the entire pension. You would not be able to just take out 25 percent and get the lump-sum rate.

“For anyone considering taking their whole pension and seeking to use the 7.5 percent rate there are conditions to be met, so I advise people to write to their French tax office and explain their own situation in detail. Be sure to clarify the tax rate you are seeking to have applied and ask what documents they would need from your UK pension company to confirm that the contributions to this pension have been tax deductible.”

Healthcare and social charges

Deductions in France come in two types – impôts (income taxes) and prélèvements sociaux (social charges).

People who retire to France (and have never worked in France) and have already reached the state pension age can apply for the S1 – this means that the UK continues to pay for their healthcare costs and they would not be charged prélèvements sociaux. Non-working spouses of an S1 holder can also benefit from this.

People who take early retirement and make the move before they reach state pension age may have to pay social charges in addition to taxes until they reach the state pension age and can apply for their S1. However, there are several exemptions to social charges, so even if you expect a bill, you may not end up being charged. More information in our guide.

Social charges help pay for a lot of services from the French government, including access to healthcare. In France, you can access the state healthcare system (and get a carte vitale) after three months of residency. 

READ MORE: Why you might get an unexpected French health bill
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