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BREXIT

Who are the Brits in France who have not yet applied for post-Brexit residency?

From fear of rejection to a simple misunderstanding, a new survey has revealed the different reasons why a number of British nationals living in France have not yet applied for post-Brexit residency, even as the deadline looms.

Who are the Brits in France who have not yet applied for post-Brexit residency?
British nationals living in France have until June 30th 2021 to apply for post-Brexit residency. Photo: THOMAS COEX / AFP
British nationals living in France are facing a big deadline to apply for post-Brexit residency at 11:59 pm on June 30th 2021. Those who fail to apply risk losing local healthcare, employment and other rights when the new permit becomes compulsory from October 1st 2021. 
 
France has the highest number of British nationals vulnerable to a loss of rights.
 
According to the British Embassy, recent figures suggested some 135,000 out of 148,3000 Brits have applied for post-Brexit residency, leaving 13,300 at risk. Information about the application process can be found HERE.
 
A new joint survey by RIFT (Remain in France Together), a group supporting the rights of British people living and working in France, and the British embassy revealed the different reasons why people have not yet applied.
 
Firstly, there are those who are nervous about being rejected. One of the issues is that the conditions for legal residency in France is that the person has sufficient resources.
 
 
This has caused a certain amount of consternation among those living on meagre resources in France, but there is no evidence (yet) to suggest Brits are being turned down because of a lack of incomings.
 
The Local understands that out of the tens of thousands who have applied there have only been handful of refusals and they were mainly down to serious criminality on part of the applicant. However no official statistics have been released.
 
 
However, failing to apply on time could create more problems, as you will need “reasonable grounds” for having missing the deadline. Those of have applied for residency and been turned down have the right to appeal the decision – full details HERE.
 
There are others who simply still don’t know they need to apply.

Rights groups in France and the British Embassy have long been concerned about those Brits living off the radar in the country, who still might not be aware of the bureaucratic hoops they now need to jump through thanks to Brexit.

Even to this day The Local receives emails from people unsure whether they need to apply.

There has been a desperate communication drive by the British embassy, resident groups and campaigners to get the word out. However, campaigners say not enough has been done to raise awareness. More information can be found HERE.
 
All British nationals who were resident in France before December 31st, 2020 are required to apply for the residency permit known as a carte de séjour – even people who have been here a long time, who are married to a French person or who previously had a residency card.

It also applies to people who already hold a European carte de séjour, are in the process of applying for a French nationality, or are married or PACSed to French or other EU nationals.

The only group who don’t have to apply are Brits who have already obtained dual nationality with an EU country, although they may apply if they wish. Children under 18 do not need to apply.

Other respondents said they haven’t applied because they didn’t know how to apply or they need help with the application process. You can get help HERE.
 
 
There were also Britons living in France who are simply leaving it until the last minute, but do intend to apply before the deadline on June 30th.
 
Finally, a large part of respondents are relying on their dual nationality (UK/EU member state), and therefore do not need to apply, though they can if they wish.
 
 
 
 
According to British in Europe, an organisation campaigning for the rights of UK citizens in the EU, there are five key groups of British nationals in France that are at risk of falling through the cracks:
 
– Those who know what they need to do but haven’t got round to sorting out their paperwork to apply yet.
– The elderly or vulnerable who are being cared for, and who have very little access to internet and social media.
– Younger adults who have grown up in France and are fully integrated in French families who believe their EU spouse/kids mean they do not nee to apply.
– People who have lived here for decades, often in French families and who may have residency permits – some of whom don’t identify as British.
– Third country national family members who rely on a UK national for residency rights.
 
 

Member comments

  1. I have concerns for people who have made applications, received attestation and await contact from préfecture. I know 3 people who chased up and were told there was no dossier. They had to apply a second time. Two other people were told that they had not replied to an email. They had not received the email and are technology competent. So 5 errors out of 12 people that I know have applied.

  2. According to some at the Anthony prefecture some Brits are arrogant thinking the can stay whatever happens.

  3. I know exactly zero people out of dozens who applied in good time who haven’t got their cards yet.
    Funny how these things work…..

  4. You state that those in the process of applying for French nationality need to apply for the carte de séjour. What if you have a dossier/référence number for your application for nationality and the application is quite far along and you are just awaiting the call for the interview?

    1. Hi, If you are not a French citizen by September 30th (and the application process for citizenship on average takes 18 months to 2 years) you will need a carte de séjour. A dossier or reference number for a citizenship application is not proof of your right to residency

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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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