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RESIDENCY PERMITS

Brexit: How Brits in France can secure residency rights for their children

British adults who were living in France before the end of 2020 should all now have residency cards, but for families the situation is slightly different - here's how to secure legal residency status for your children.

Brexit: How Brits in France can secure residency rights for their children
Photo by Olivier HOSLET / POOL / AFP

We’re talking about a very specific group of people here – British families who moved to France before December 31st 2020, and whose children were under 18 on that date. 

British families who want to move to France in the future will need a visa, and children can be included on parental visas – click here for more detail.

British adults who were living in France before the end of the Brexit transition period had until the end of 2021 to get themselves the special post-Brexit carte de séjour (residency card) and all Brits (with the exception of dual nationals who have citizenship of an EU country) should now be in possession of the card.

However, their children are in a slightly different position; legally they are covered by the Withdrawal Agreement in the same way as their parents, but the carte de séjour is only available to over 18s. 

Before turning 18 

Under 18s take their parents’ residency status, so as long as a parent or legal guardian has a residency card then their kids have the right to live in France and go to school here.

A residency permit is not required to either live in France, or to travel in and out of it for children.

However some parents have opted to get the special travel document known as the DCEM for their children, especially if the children are travelling without their parents.

“A foreign minor residing in France is not obliged to hold a residence permit. However, to facilitate their travel outside France, they can obtain a Document de Circulation pour étranger Mineur (DCEM),” reads the French government website.

This isn’t a Brexit-specific thing, it’s always been available for any non-EU children living in France with their parents. It’s not compulsory, but it just avoids any lengthy explanations are the border by providing clear proof that the child’s parents are legal residents in France.

Find out how to apply HERE.

When they turn 18 

Once the children turn 18 they will need to get their own carte de séjour in order to be legal residents in France.

The terms are covered by the Withdrawal Agreement in exactly the same way as their parents, but the process to get the card is slightly different.

When parents applied there was a special website set up to facilitate the post-Brexit cards, but this has now closed down. Instead, the application must be done via your local préfecture.

It’s advised to start this a couple of months before the child turns 18 and you will need to book an appointment with the préfecture’s immigration department – some préfectures have an online booking system, in other areas you will need to call or visit for an appointment – and then take along a dossier of information including your own carte de séjour and information relating to the child including a birth certificate, passport and school records to prove residency in the country.

Readers who have been through the process tell us that it has been pretty straightforward, but of course the experience can be different depending on the préfecture. 

The child will then be issued a carte de séjour in their own name, which gives them the legal right to live and work in France. 

Working in France 

Once the card has come through, the child has the legal right to work in France, but there is a bit of a grey area regarding working for children before they turn 18.

Technically the Withdrawal Agreement gives this right – and children can work in France from the age of 16 with their parents’ consent – but some employers ask for a carte de séjour and if this cannot be supplied they may be turned down for the job.

Often the more casual jobs that youngsters do won’t ask for the paperwork, but if you’re working for a national chain such as a shop or supermarket you may need paperwork. 

Once you have had the interview at the préfecture you should get a récépissé – a kind of receipt – and this can be used to provide proof of legal status for employers.

Citizenship

Of course, the way to avoid the hassle of residency paperwork is to become a French citizen.

If your children were born in France, you can apply for citizenship on their behalf once they turn 13 (citizenship for those born in France is not automatic unless one of the parents is French).

If they were not born in France they have to wait until they become an adult and then apply in their own right through residency, unless one of the parents is naturalised as French citizen.

Full details on citizenship for children can be found HERE.

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For members

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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