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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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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”.

This article is published in cooperation with Europe Street News.

 
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