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UK expats challenge voting block in EU referendum

A legal challenge will be launched on Wednesday, which could see voting rights in the Brexit referendum granted to British expats in France who have lived abroad for over 15 years.

UK expats challenge voting block in EU referendum
Photo: AFP

Currently, expats who have not been resident in the UK for over 15 years are ineligible to vote in general elections. Despite hope that the restriction would be ditched for the referendum, it remains in place, much to the anger of long-term expats.

This group is estimated to number 2.2 million – almost half of the 5 million Britons currently living abroad. There is no exact figure on the number of Brits living in France who will be unable to vote, but unofficial estimates put the number around one third of the 130,000 expats, officially registered in France.

Lawyers will lodge the claim at Britain's High Court on Wednesday, acting on behalf of a group of expats, which includes pensioners’ rights campaigner Brian Cave, who lives in France, and 94-year-old war veteran Harry Shindler, who lives in Italy and has previously petitioned the European Court of Human Rights (ECHR) about the law.

The group argues that the EU Referendum Act, which gives votes to groups who are not normally permitted to vote in UK general elections including Irish and Commonwealth citizens living resident in Gibraltar, but excludes long-term expats in Europe, is a breach of their rights.

“Our clients are being penalized for exercising their EU free movement rights,” said lawyer Richard Stein from firm Leigh Day. “The people it arbitrarily excludes are those UK citizens who are among those most likely to be affected by the decision taken by voters in this referendum.”

“Not to allow them to vote on the decision whether the UK remains part of the EU is unlawful and we have asked the court to deal with the issues urgently so that the act can be amended before the June date, to include all UK citizens residing in the EU for however long.”

The case if successful could have a huge impact on preparations for Britain’s EU referendum on June 23rd.

At the last general election in 2015, 106,000 Brits who had been resident abroad for less than 15 years registered to vote.

While expatriates who have lived abroad long-term may not be significantly affected by the results of general or local UK elections, the Brexit referendum would have a huge impact on their lives.

At the last UK general election, David Cameron’s Conservative Party pledged to “introduce votes for life, scrapping the rule that bars British citizens who have lived abroad for more than 15 years from voting”. However, this change will not come into force before the referendum.

Christopher Chantrey, who heads the British Community Committee of France (BCC) said all hopes were pinned on Wednesday's legal challenge.

“This appears to be our last shot. It's so important that we should have the vote on a question that affects the livelihoods of so many British people.

“The truth is the government should have sorted this already. They have had time and it should have been done.

“But they're attitude towards the millions of expats living abroad is “out of sight, out of mind”.

If successful, the referendum scheduled for late June may have to be delayed while the extra names are added to the electoral register.

If you are a British expat and have been living in France for less than 15 years, you can vote in the EU referendum on June 23rd. To register CLICK HERE.

Alternatively if you've been abroad for 15 years and are disenfranchised, then you can sign the petition to give all expats the vote.

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LIVING IN FRANCE

5 things Brits in France need to know about swapping driving licences

Now that the dust has settled from the somewhat chaotic post-Brexit period, the system for swapping a UK driving licence for a French one seems to be running fairly smoothly. There are, however, some things that UK licence holders need to know.

5 things Brits in France need to know about swapping driving licences

This article is aimed at holders of a UK or Northern Ireland driving licence who are living in France – tourists, visitors and second-home owners can continue to drive in France on a UK licence and do not need an international driving permit.

British students who are studying in France on a student visa can continue to drive on their UK licence during their studies – if however they settle in France afterwards, they need to follow the below process for swapping their licence. 

1 You’re special

Well, maybe special is over-stating it, but the system for holders of UK and NI licence holders is different to that of other non-EU nationals, and also different to the system for EU licence holders.

The reason for this is that a pragmatic post-Brexit agreement was (finally) reached between France and the UK, in order to avoid the chaos that was triggered when thousands of Brits in France all tried to swap their driving licences at once.

Unlike almost all other post-Brexit agreements, this one applies both to people who moved to France before the end of Brexit transition period in 2021 and those who have moved here since. 

The below terms apply to everyone who has a UK or NI licence, regardless of their nationality or when they moved to France. 

2 But you still have to swap

It was technically always the case that Brits who were living in France should have swapped their licence for a French one, just as other EU licence holders do now, but in reality many people lived here for years or decades without ever exchanging their licence and there was little or no enforcement of the rule.

That has now changed and you must swap according to the following timetable;

If your UK licence was issued after January 1st, 2021 – you must swap within one year of moving to France.

If your UK licence was issued before January 1st 2021 – you only swap when you meet one of the following conditions;

  • The licence itself or the photocard is within six months of its expiry date. For more people the photocard expiry will come around first, but UK licences also require renewal when the holder reaches the age of 70
  • Your licence has been lost or stolen
  • You have been ordered to exchange your licence by a gendarme after committing a driving offence

For people who are exchanging because the licence is about to expire, it is important that you don’t start the process until your licence is within six months of the expiry date – early applications will simply be rejected.

3 It might not be as much of a nightmare as you think 

Unlike the old days when licence swaps were done by préfectures, the whole process has now moved online and is run through a single, central system.

The online portal for requesting a swap is known as ANTS and you can find it HERE.

If you haven’t used it before you will need to create an online account, or if you already have online accounts for French government services such as Ameli or tax declarations you can login by clicking on the France Connect button.

Once logged in, select Je demande l’échange ou l’enregistrement de mon permis de conduire étranger (I request the exchange or registration of a foreign driving licence) and fill in the details requested on the form such as name, address etc.

You might be pleasantly surprised by the fact the form itself is relatively straightforward (as French admin forms go), asking basic questions such as your personal details and the details of your driving licence.

You will have to upload supporting documents, but these are likely to be things that you already have to hand including

  • Proof of ID (passport or carte de séjour)
  • Proof of address (a recent utility bill or attestation from your utility provider)
  • If your driver’s licence is in a different name to your passport, you will need to supply your full birth certificate

You will also need to supply a photo – you can either use the internet-enabled Photomaton booths – find your nearest here – to create a digital photo with the required security code, or you can use the normal photo booths to print out a physical photo and send it by post after you have made your application. 

Once completed, you can use the ANTS site to track the progress of your application and upload any other documents that are requested.

4 But don’t leave it too late 

If you’re applying because your licence is about to expire then you cannot apply until you are within six months of the expiry date.

But it’s a good idea not to leave it until the last minute as the whole process does take time – things have improved massively since the dark days of 2020 and 2021 when people were waiting for years and their licences expired while they waited.

But it still takes time – the current average for a straightforward application with no extra documents required seems to be between four and five months, although processing times can vary, especially over holiday periods.

It’s therefore a good idea to make the application fairly soon after you enter that magic six-month window.

Once you make the application you should get an automated response acknowledging receipt – this is usually sent by SMS and/or email, it’s a good idea to check your spam folder if you don’t get the email.

Don’t panic if you don’t then hear anything for the next few weeks or even months, this appears to be normal. If your application is complete and there are no outstanding queries or other documents required, the next step will be a request to send in your old UK licence.

You send this by post (recorded delivery with a signature is strongly recommended) and at the same time you can download an Attestation de Depot de Permis de Conduire (certificate of deposit of driving licence) – you can use this to prove your continued entitled to drive in the period between sending in your old licence and receiving your new one.

Your French licence is then sent by registered post, and the window between posting the old licence and receiving the new one is usually not more than a month, you 

5 Help is out there 

If your application runs into problems or you have an untypical situation or find the ANTS website hard to use, don’t panic – help is available.

The Facebook group Driving in France – French Licence Applications is a good place to start with comprehensive guides and knowledgeable admins who are quick to respond to questions.

You can also chat to others in your situation and get updates on how long processing times seem to be.

If you have problems using the online system, your local France Services office may be able to help.

You can also head to The Local’s reader questions section, or email us at [email protected] if you have questions.

Digital licences

You might have heard about France’s new digital driving licence – unfortunately this is only available to people who have French citizenship (including dual nationals).

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