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BRITS IN FRANCE

How are Brits in France affected by new language test requirements?

France is bringing in tougher new language requirements for foreigners living here, but there are several exemption to the new rules and the situation is different for some UK nationals living in France.

How are Brits in France affected by new language test requirements?
Some Brits in France will be exempt from new language requirements. Photo by Dimitar DILKOFF / AFP

France’s new immigration bill, promulgated into law at the end of January, brings in a host of changes including one that could have a big impact on many foreigners in France – tougher French language requirements.

You can find a full explanation of exactly how the changes work HERE, but in brief the language requirement affects three groups of people;

  • Those making their first application for the multi-year carte de séjour plurianuelle (usually made after several years of residence)
  • Those making their first application for the 10-year carte de résident (usually made after five years in France)
  • Those applying for French citizenship.

The new rules affect only first-time applications – those who already have a carte de séjour plurianuelle or a carte de résident can renew them when required without taking a language test.

The new rules also affect new applications for citizenship – those who have already made their application and sent their dossier should not be affected.

READ ALSO Your questions answered: France’s new language requirements

So how does this affect Brits?

To answer this question, your arrival date is crucial – Brits who arrived in 2021 or later fall under the new post-Brexit rules, in which case they are treated the same as all other non-EU citizens arriving in France.

This means that in most cases people will need a visa, then a short-term carte de séjour residency card which is regularly renewed before you apply for one of the long-term cards. 

However, Brits who were living in France prior to January 2021 are covered by the Brexit Withdrawal Agreement, and therefore have a different system.

This group has a special Brexit carte de séjour known as the WARP or Article 50 TUE. Brits who had lived in France for more than five years were given a carte de séjour permanent (10 years) while those who had lived here for less than five years were given a five-year card.

So what happens when the time comes to renew the card?

The carte de séjour permanent needs to be renewed every 10 years – the card itself has a 10-year shelf life, but the right to remain in France is permanent. When the time comes to renew (in 2029 for most people) the only proof that will be required is the old card, plus proof of continued residency in France.

The five-year card can be swapped, once it is reaching its expiry date, for the carte de séjour permanent. When the time comes to renew (in 2026 for most people) it can be exchanged for the 10-year card. It is not possible to renew the card until it is nearing its expiry date.

The exact process for renewal has not yet been outlined, but the basic principle of the Withdrawal Agreement gives people the right to remain so long as they still fulfil the original criteria (legal residency in France). The criteria does not include a language test.

Therefore Brits covered by the Withdrawal Agreement will never need to apply for either a carte de séjour pluriannuelle or a carte de résident, which are the only two cards which have a language requirement.

What about citizenship?

If you want to apply for French citizenship, then being covered by the Withdrawal Agreement makes no difference, all applications are treated in the same way.

READ ALSO The ultimate guide to getting French citizenship

In order to gain French citizenship you will need to supply a hefty dossier of documents, including proof of French language competence.

The level required was previously B1, but the new law raises that to B2. A previous exemption to the language test requirement for over 65s was scrapped in 2020. 

QUIZ Could you pass the new French language tests?

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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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