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BREXIT

How long will Britons be able to stay in France after Brexit without becoming a resident?

For British people living in France Brexit has thrown up plenty of administrative challenges, but what about those who enjoy spending time here but don't want to make the move on a full-time basis? Well things will change for them too after December 31st.

How long will Britons be able to stay in France after Brexit without becoming a resident?
Photo: AFP

From people who do short-term stints of work in France to those who want to spend a few months working on that dream restoration project in the French countryside or just those who enjoy long visits, plenty of Brits take lengthy stays in France.

Up until now EU freedom of movement has made this a fairly simple process with no need to watch the clock on your visit or engage in complicated form-filling.

But from December 31st, when the Brexit transition period ends, there will be more restrictions on visits to France for British nationals.

The below applies only to people who are not residents in France and have no intention of making the move – if you are already living in France or plan to be by the end of the year then click here to see what you need to do.

Many people believe that owning property in France gives you extra rights on staying here, but in fact that is not the case.

The time you can spent in France could be limited from 2021. Photo: AFP

The rules on visits are one of the (many) things yet to be negotiated but if nothing new is agreed then non-resident Brits in France will be subject to the 90-day rule.

With still no trade deal agreed and a lot of really quite pressing concerns that need to be addressed in the next three months it seems likely that the 90-day rule will become the rule from January, even if a separate bilateral agreement is reached at a later date.

So what does the 90-day rule mean?

At present the majority of EU countries operate the 90 day rule for people who do not have residency or a work or study visa.

So Americans, Australians, Indians and other non-EU nationals in France will already be familiar with this rule – people who are not resident here can spend up to 90 days out of every 180 in the EU (with or without a visa depending on the country you are visiting from) but after that must either apply for residency or a work or study visa.

The rule states that over a year you can spend 180 days in total in France but not consecutively, you would have to spend time outside the EU (such as back in the UK) in between.

You can do your 90 days as one block or as several shorter trips, but in every 180 days the total number of days must not exceed 90.

It's worth pointing out that the 90 day rule applies to the total number of days for all countries in the Schengen area.

So if you have a three-month stay in France you wouldn't be able to – for example – go and spend a weekend with George Clooney in his Italian lakeside villa during the same 180-day period.

The EU offers this Schengen Area calculator to allow you to calculate your stay.

If you want to spend longer than 90 days at a time in France you really only have two options – get a visa or become a resident.

If you go for the visa option be prepared for a lot of paperwork. Photo: Unsplash

Visa 

There are lots of different types of visa available – see more on the topic here – but for people who intend to just take long holidays in France the best option is likely to be the visitor visa. You will need to give assurances that you will not be undertaking any professional activity while in France though, so this won't be suitable for people who want to work.

You will need to provide a lot of personal documentation including details of your financial situation to show that you can support yourself and will not become a burden to the French state, as well as paying for the visa, which is between €80 to €99 depending on the type.

The visitor visa lasts a year and while you are free to come and go between France and the UK during that year, you will need to apply for a new one each year that you wish to spend more than 90 days in France.

Working visas are a little more complicated and depend on the type of work – see more here.

READ ALSO: How much money do you need to get a visa for France

 

Residency

If you really want to spend long periods in France you may be looking at taking up French residency.

This is more than simply declaring 'I'm a resident'. To become resident in France you will need to apply for a carte de séjour residency permit – which comes with its own conditions (depending on whether you move before or after December 31st). You can read more on those here if you plan to be resident in France before 2021 and for those who plan to move after Jan 1st 2021 can find out more here.

You will also need to become a tax resident in France, which means filing annual tax returns with French authorities, even if all you income comes from the UK, and registering with the French healthcare system.

You cannot be resident of two countries at once, so if you become a French resident you have to give up your British residency which has an impact on things like tax and access to the NHS.

Could you just slip under the radar?

For British people who have got used to coming and going with minimal paperwork or checks this can seem like an attractive option.

For non-EU nationals like Americans and Australians France has earned itself a reputation as being not too fussy about the exact exit date of people who aren't working or claiming benefits in France, as long as it's fairly close. It's also true that there is likely to be a 'bedding in period' for the new rules.

However we would suggest that people don't rely on this. Unlike the pre-EU days, passports are now automatically scanned when you enter and leave the country, which makes it easy to spot over-stayers.

If you are caught over-staying your allocated 90 days you can end up with an 'over-stay' flag on your passport which can make it difficult to enter any other country, not just France, and is likely to make any future attempts at getting visas or residency a lot more difficult.

Member comments

  1. Judging by the latest figures of deaths from the virus in the UK, do we really want these diseased people roaming France.

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EES PASSPORT CHECKS

How will the new app for Europe’s EES border system work?

With Europe set to introduce its new Entry/Exit biometric border system (EES) in the autumn there has been much talk about the importance of a new app designed to help avoid delays. But how will it work and when will it be ready?

How will the new app for Europe's EES border system work?

When it comes into force the EU’s new digital border system known as EES will register the millions of annual entries and exits of non-EU citizens travelling to the EU/Schengen area, which will cover 29 European countries.

Under the EU Entry/Exit System (EES), non-EU residents who do not require a visa will have to register their biometric data in a database that will also capture each time they cross an external Schengen border.

Passports will no longer be manually stamped, but will be scanned. However, biometric data such as fingerprints and facial images will have to be registered in front of a guard when the non-EU traveller first crosses in to the EU/Schengen area.

Naturally there are concerns the extra time needed for this initial registration will cause long queues and tailbacks at the border.

To help alleviate those likely queues and prevent the subsequent frustration felt by travellers the EU is developing a new smartphone app.

READ ALSO: What will the EES passport system mean for foreigners living in Europe?

The importance of having a working app was summed up by Uku Särekanno, Deputy Executive Director of the EU border agency Frontex in a recent interview.

“Initially, the challenge with the EES will come down to the fact that travellers arriving in Europe will have to have their biographic and biometric data registered in the system – border guards will have to register four of their fingerprints and their facial image. This process will take time, and every second really matters at border crossing points – nobody wants to be stuck in a lengthy queue after a long trip.”

But there is confusion around what the app will actually be able to do, if it will help avoid delays and importantly when will it be available?

So here’s what we know so far.

Who is developing the app?

The EU border agency Frontex is currently developing the app. More precisely, Frontex is developing the back-end part of the app, which will be made available to Schengen countries.

“Frontex is currently developing a prototype of an app that will help speed up this process and allow travellers to share some of the information in advance. This is something we are working on to support the member states, although there is no legal requirement for us to do so,” Uku Särekanno said in the interview.

Will the 29 EES countries be forced to use the app?

No, it is understood that Frontex will make the app available on a voluntary basis. Each government will then decide if, when and where to use it, and develop the front-end part based on its own needs.

This point emerged at a meeting of the House of Commons European scrutiny committee, which is carrying out an inquiry on how EES will impact the UK.

What data will be registered via the app?

The Local asked the European Commission about this. A spokesperson however, said the Commission was not “in a position to disclose further information at this stage” but that travellers’ personal data “will be processed in compliance with the high data security and data protection standards set by EU legislation.”

According to the blog by Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP the Frontex app will collect passengers’ name, date of birth, passport number, planned destination and length of stay, reason for travelling, the amount of cash they carry, the availability of a credit card and of a travel health insurance. The app could also allow to take facial images. It will then generate a QR code that travellers can present at border control.

This, however, does not change the fact that fingerprints and facial images will have to be registered in front of a guard at the first crossing into the Schengen area.

So given the need to register finger prints and facial images with a border guard, the question is how and if the app will help avoid those border queues?

When is the app going to be available?

The answer to perhaps the most important question is still unclear.

The Commissions spokesperson told The Local that the app “will be made available for Schengen countries as from the Entry/Exit System start of operations.” The planned launch date is currently October 6th, but there have been several delays in the past and may be another one.

The UK parliamentary committee heard that the prototype of the app should have been ready for EU member states in spring. Guy Opperman, Under-Secretary of State at the UK Department for Transport, said the app will not be available for testing until August “at best” and that the app will not be ready in time for October. The committee previously stated that the app might even be delayed until summer 2025.

Frontex’s Särekanno said in his interview: “Our aim is to have it ready by the end of the summer, so it can then be gradually integrated into national systems starting from early autumn”.

READ ALSO: How do the EES passport checks affect the 90-day rule?

Can the system be launched if the app is not ready?

Yes. The European Commission told The Local that “the availability of the mobile application is not a condition for the Entry/Exit System entry into operation or functioning of the system. The app is only a tool for pre-registration of certain types of data and the system can operate without this pre-registration.”

In addition, “the integration of this app at national level is to be decided by each Schengen country on a voluntary basis – as there is no legal obligation to make use of the app.”

And the UK’s transport under secretary Guy Opperman sounded a note of caution saying the app “is not going to be a panacea to fix all problems”.

When the app will be in use, will it be mandatory for travellers?

There is no indication that the app will become mandatory for those non-EU travellers who need to register for EES. But there will probably be advantages in using it, such as getting access to faster lanes.

As a reminder, non-EU citizens who are resident in the EU are excluded from the EES, as are those with dual nationality for a country using EES. Irish nationals are also exempt even though Ireland will not be using EES because it is not in the Schengen area.

Has the app been tested anywhere yet?

Frontex says the prototype of the app will be tested at Stockholm’s Arlanda Airport, in Sweden. Matthias Monroy’s website said it was tested last year at Munich Airport in Germany, as well as in Bulgaria and Gibraltar.

According to the German Federal Police, the blog reports, passengers were satisfied and felt “prepared for border control”.

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