MOVING TO FRANCE FROM JANUARY 2021
It seems that events are leading many people to think about moving to France in the near, or slightly more distant, future. On this page we look at what it means to move after the end of the transition period on 31 December 2020, and what you now have to do in order to be allowed to do so. This page is designed for those who want to make a permanent move, or at least to be resident for more than 3 months.
Moving to France as a British citizen after the end of the transition period
Now that the UK has left the EU and the transition period has come to an end, it has become a ‘third country’ – a country which is not a member of the EU. This means that:
- freedom of movement has ended for British citizens;
- you no longer have the right to live in any EU country unless you go through the full immigration process as a third country national;
- unless you have already become legally resident in France by the end of the transition period you will not be covered by the Withdrawal Agreement;
- you will be treated exactly the same as nationals of the United States, Australia, Syria, Turkey, Bangladesh and most other non-EU countries, and you will become an étranger rather than a citizen of the EU;
- if you want to stay more than 90 days in France you will have to apply for a long stay visa before you travel;
- to become legally resident you will have to meet conditions that are in most cases stricter than those for EU citizens, and you may well be subject to language and other integration requirements. Some may not be able to meet these conditions;
- if you want to come to take up employment, your employer or company would first have to request authorisation from the French authorities.
Plenty of people from non-EU countries do successfully navigate the immigration process – 4.4 million immigrants (forming 6.7% of the overall population) from outside Europe live here so it’s by no means impossible. But it is more complicated, more costly, and more time-consuming.
Dual nationality and other stories
- If you are a British citizen who also holds nationality of an EU/EEA state or Switzerland – let’s use Ireland as an example – you can move to France using your ongoing free movement rights as a dual Irish national. You need to meet the conditions for legal residence as an EU citizen, and you’ll also need to use your Irish passport every time you arrived in or left France to avoid being caught in the ETIAS scheme.
- If you are a British citizen who is moving to France to join a close family member who is already resident here under the Withdrawal Agreement, you will be able to do so under the family reunification provisions of the WA, for as long as your family member in France remains covered by the WA. This applies to spouses, registered partners (for both of these the relationship must have existed on 31 December), dependent children or grandchildren and dependent parents or grandparents. If you are in a durable partnership which is not registered but which existed on 31 December 2020, the WA says that France must ‘facilitate’ your move to join your partner. For more information about the family reunification provisions, see here.
- If you are the spouse, partner in a durable relationship, dependent child/grandchild or dependent parent/grandparent of an EU citizen from another EU/EEA state or Switzerland – let’s use Germany as an example here – you will be able to move to France under the EU citizens’ rights directive, piggybacking on your partner’s free movement rights. Your German family member would have to meet the conditions for legal residence as an EU citizen and apply for a carte de séjour under EU rules; you would apply for a family member’s card. You would be permitted to enter France at passport control as a UK citizen under the Schengen rules for up to 90 days, so the applications for cartes de séjour would need to be made during this time.
Short stays in France
- As a third country national, you are able to spend no more than 90 days at a time in the Schengen area.
- This can be in a single country, like France, or split between a number of different countries – but under no circumstances will you be able to stay for longer than 90 days in France without going through the immigration process.
- For repeat visits, you are limited to spending 90 days in every 180 days in the Schengen area. So if you arrive in France on 1 March, you can stay here until the end of May. Then you must return to the UK for another 3 months before you can travel again, so you would not be able to return before September.
- During the ‘home’ period between June to September, you won’t be able to take any short trips to any of the other Schengen countries, as the 90/180 day rule applies to the entire Schengen area, not just to any one country within it.
- All British citizens living in the UK and wanting to travel to the Schengen area will need to register under the ETIAS scheme – the European Travel Information and Authorization System. This means that your travel back and forth (including dates of arrival and departure) will be logged on a central computer system.
- This is a new and completely electronic system, expected to be in place in 2022, which allows and keeps track of visitors from countries who do not need a visa to enter the Schengen Zone.
IMPORTANT: the Schengen rule doesn’t apply to every type of stay. Under the Schengen 90/180 day rule you can come as a tourist, to visit friends or family, to attend cultural or sports events or exchanges, business meetings, for journalistic or media purposes, medical treatment, for short-term studies or training and any similar activities. However, the rule does not apply to persons travelling for the purpose of carrying out a paid activity – you would need to apply for a visa for this even if it’s for less than 90 days.
A QUICK SUMMARY
2. On arrival you will need to have your long stay visa validated as a residence permit within 3 months (or in some cases apply for a residence permit within 2 months).
3. Holding a residence permit (or visa validated as a residence permit) is compulsory.
4. There are various different categories of residence permits, each with its own set of conditions. On this page we look only at three primary categories: retired or otherwise not economically active, self-employed, and employed.Continue reading for more information on each category.
Note that the information which follows applies ONLY to those who are moving to France after 31 December 2020. If you were legally resident in France on 31 December 2020, and you remain legally resident after that date, you will be covered by the Withdrawal Agreement.
Applying for a long stay visa – who, when and how?
After transition all British citizens (unless you’re one of the exceptions above) who are moving to France for the first time, or returning after a gap of more than 2 years away, will have to begin the process by applying for a long stay visa from the French Consulate in the UK. Since December 2018, this is done via an online portal, https://france-visas.gouv.fr/en_US/web/france-visas. Most long stay visas now also double up as your first residence permit and are known as VLS/TS.
Here’s a basic summary of the process – for full details go to the link above:
- Begin your application no more than 90 days before your travel date, but at least 20 working days before this date.
- Use the visa wizard on the site to check out the precise requirements for your situation, the fee, and the supporting documents you need. You can use the wizard at any time to simulate an application, so if you’re planning a move in the future it’s a good idea to do this in advance so you’re prepared.
- Decide which of the 3 visa processing centres in the UK you want to attend – London, Manchester or Edinburgh.
- Complete the visa application form online. Print the application form and your receipt of application – you’ll have to take these documents, together with all supporting documents, to your application appointment.
- You’ll then be transferred to the website of TLScontact, the service provider responsible for processing applications in the UK, to make an appointment for your interview.
- Attend your interview in person. You must attend your appointment with all the required documents. Also take a copy of each document, including the passport and its ID pages. The service provider will receive you, review your application, collect the visa fee, capture your biometric data (photo and fingerprints) and retain your passport and the copies of all your supporting documents in order to forward them to the consulate. The visa application submission will take approximately 20 minutes at the visa centre.
- Track your application online. You’ll be notified when your passport is ready for collection (in some cases it can be sent to you).
Applying to move to France as a third country national: retired, early retired, or otherwise not economically active
This section applies if you want to move to France on retirement, early retirement, or in any other situation where you do not intend to work or run any form of business. You will need to show that you have enough funds to live on – this is based on the level of SMIC (minimum wage) and is currently 1230,61 euros net per month. Household income can be taken into account. The French embassy in London has confirmed that it also will use this figure for a couple seeking a visitor visa/card; if you have children, however, the minimum income level will be higher. Resources can be in the form of capital: the guidance states that you must show resources that are ‘equivalent to 12 months SMIC’ so you would need to show available capital of at least this amount. Allowance can also be made if you live rent free or own your own property – this will reduce slightly the overall amount of money that you need to have.
If your application is successful, you will receive a long term visa which also acts as a residence permit, with the notation ‘visitor’ (a VLS/TS). It will have a duration of 12 months, during which period you can enter and leave France as you choose. This permit does not allow you to work or undertake any form of professional activity (including remote working), and has to be renewed every year (see below).
You will need to provide a raft of documents with your application – full details are included in the wizard and the application form, but in brief:
- Pre-requisites: application form dated and signed; France-Visas receipt; ID photograph; travel document : national passport or official travel document issued less than 10 years ago, valid for at least 3 months beyond the planned date of return, containing at least two blank ‘visa’ pages.
- Purpose of travel/stay: promise not to exercise any professional activity in France; proof of your socio-economic situation.
- Accommodation: proof of residency in France: rental agreement or property title or, if applicable, statement signed by a host confirming the establishment in France. Any unusual situation will require an explanation letter.
- Funds: last 3 months worth of bank statements (UK current account) showing your full name and address, and proving that you have enough funds for the whole duration of the trip, or traveller’s cheques presenting the same guarantees; if you are financially sponsored by your spouse/partner : marriage certificate or other proof of rlationship, and bank statements of your spouse/partner (see above).
- Other: health insurance for the full duration of the stay. The insurance must cover the visa’s entire validity period (1 year at the most).
IMPORTANT: once you arrive in France, you’ll need to validate your VLS/TS within 3 months – if you fail to do so, your stay in France will become irregular and you won’t be able to re-enter the country. The validation process is now completely online – here is the link: https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/.
When – and only when – your VLS/TS has been validated, you will be eligible to apply to join the French health system via PUMa after 3 months of stable residence in France.
If you want to stay in France for longer than the validity period of your VLS-TS, (usually one year, although it can’t be longer than the duration of your passport) you must apply for a residence permit at your local préfecture prior to the expiry date of your long-term visa. You will apply for a carte de séjour visiteur.
Applying to move to France as a third country national: self-employed
- You will apply for a long-stay visa known as a VLS/TS – this is a visa that doubles up as your first residence permit (titre de séjour). It will carry the wording “entrepreneur/profession libérale”.
- If you want to set up a new business, you must be able to demonstrate the economic viability of your project. If you want to work in a liberal profession or in an activity that has already been created, you must be able to prove that you have sufficient financial resources i.e. the equivalent of the minimum legal wage in France for a full-time worker (SMIC).
- If your business activity or the liberal profession you are engaged in is subject to specific regulations, you’ll have to meet the requirements in terms of qualifications/diplomas as well as any other conditions. To find out more, have a look at the list of regulated professions here.
- You’ll have to submit various supporting documents with your application – you’ll find these in the wizard and as part of your online application.
- IMPORTANT: once you arrive in France, you’ll need to validate your VLS/TS within 3 months – if you fail to do so, your stay in France will become irregular and you won’t be able to work or to re-enter the country. The validation process is now completely online – here is the link: https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/.
- If you want to stay in France for longer than the validity period of your VLS-TS, (usually one year) you must apply for a residence permit at your local préfecture within the two months prior to the expiry date of your long-term visa. You will apply for a carte de séjour pluriannuelle with the wording «entrepreneur / profession libérale » .
Applying to move to France as a third country national: employees
Moving to France as a third country national to take up employment is somewhat more complex, and we can only give you pointers and the gist of things here. The procedure is different according to whether or not you’re already living in France – in this section we assume that you are not yet resident.
- The business or company wishing to recruit you must first of all request official authorisation to do so, using this form.
- If you are employed by a private individual, you must also submit this hiring form (pdf) duly signed and completed by your employer.
- Your visa will reflect the nature of your employment contract.
- If you have a permanent contract – a contrat à durée indéterminée (CDI) – you will receive the long-stay visa known as a VLS/TS; this is a visa that doubles up as your first residence permit (titre de séjour). It will carry the wording “salarié” and will be valid for a year.
- If you have a temporary contract – a contrat à durée déterminée (CDD) – you will probably receive the same visa, though its length will be determined by the length of your contract. It will carry the wording “travailleur temporaire”.
- IMPORTANT: once you arrive in France, you’ll need to validate your VLS/TS within 3 months – if you fail to do so, your stay in France will become irregular and you won’t be able to work or to re-enter the country. The validation process is now completely online – here is the link: https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/.
- At this point you’ll be asked to sign a contrat d’intégration républicaine (CIR), in which you agree to respect the principles and values of the French republic and to follow any trainings required of you. You will be asked to sit a test to evaluate your level of French, and to undertake French lessons if it isn’t at the required level (currently A1).
- If you want to stay in France for longer than the validity period of your VLS-TS, you must apply for a residence permit at your local préfecture within the two months prior to the expiry date of your long-term visa.
Long term residence in France
This page only covers the process of obtaining a visa and of arrival in France as a third country national – in other words, it covers initial residence permits that will cover your legal residence for the first 5 years of your stay.
After 5 years of legal residence as a third country national, you would be eligible to apply for long term residence status if you meet the conditions to do so. This applies equally to those who are retired or economically inactive (after 5 consecutive “cartes de séjour visiteur”) as it does to those who are working.
In brief, the conditions to qualify for a carte de résidence longue durée are:
- You have lived stably and legally in France for at least 5 years, with an appropriate residence card;
- Your 5 years in France must be continuous: maximum total absence of 10 months during the 5 year period, with a maximum of 6 consecutive months;
- You must have health cover;
- You must have regular, stable and sufficient resources to cover your needs – this must equate to the level of SMIC (minimum wage);
- You must demonstrate that you are integrated into French society (the maire of your commune will be consulted), and that if you are under the age of 65 you have A2 level of French.
Remember that these are NOT the conditions that apply to British citizens who were already living in France at the end of the transition period – if you’re one of those, your rights will be protected by the Withdrawal Agreement. The conditions listed above apply only to Britons arriving after this date.
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