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Legal residence, a long extension, and a reality check

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As the UK approaches a 6 month Brexit extension, and in view of some of the issues being discussed and publicised on social and other media at the moment, we felt that it's time for a bit of a reality check on what it means to be able to live here in France legally, perhaps especially for those who've arrived recently, but in fact for everyone.



We've said all this before, of course, but it's time perhaps once again to dispel some received ideas that are not only plain wrong, but can put your right to stay here in jeopardy if you don't understand them. There is much more detail about all of this on the Remain in France Together website so if any of this comes as a surprise to you, please take some time to read through the links given below. This is important stuff that could mean the difference between being able to stay in France and having to leave the country.

This probably sounds rather hardline, but I make no apologies for that. We're here to do everything …

No deal - the decree and the nitty gritty of your citizens' rights in France for those with LESS than 5 years residence

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As you'll all know if you've been following our previous articles, France has been publishing its 'no deal' citizens' rights plans in stages: first the main enabling legislation, then the ordonnance which put most of the flesh on the bones, and finally - this morning - the decree which does the final polishing and tells us more about both the process and the conditions that we'll have to meet to get our new status.

This is the second of two articles looking at the decree and what it means - yesterday's article covered those with more than 5 years residence in France. In this article we'll look specifically at what the decree says and what it means for people with less than 5 years residence. It's important to read it alongside the original article covering the ordonnance for those in this situation. You'll find that article here: https://remaininfrance.blogspot.com/2019/02/what-rights-for-british-in-france-if_9.html.

The provisions in this articl…

No deal - the decree and the nitty gritty of your citizens' rights in France for those with more than 5 years residence

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As you'll all know if you've been following our previous articles, France has been publishing its 'no deal' citizens' rights plans in stages: first the main enabling legislation, then the ordonnance which put most of the flesh on the bones, and finally - this morning - the decree which does the final polishing and tells us more about both the process and the conditions that we'll have to meet to get our new status.

In this article we'll look specifically at what the decree says and what it means for people with more than 5 years residence. It's important to read it alongside the original articles covering the ordonnance and the long term residence directive. You'll find those two articles here:

https://remaininfrance.blogspot.com/2019/02/what-rights-for-british-in-france-if_92.html
https://remaininfrance.blogspot.com/2019/02/everything-you-always-wanted-to-know.html

A second article will cover the situation of those with less than 5 years residence.





I…

Citizens in waiting ... again. What's the score after the votes this week?

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We've just lived through one of the most momentous and extraordinary weeks imaginable in the UK Parliament, with plotlines, twists and turns right out of a Hilary Mantel novel. As we catch our breath, lick our wounds and reflect on what's happened, it's time to have a look at where it may all leave us in terms of our citizens' rights.



I have to say here that like you we don't have a crystal ball, and with opinions, loyalties and political relationships changing all the time a number of things could happen. But the legislative process means that we do have some idea of what those things are - and what they're not.

We know that MPs have voted on and passed two motions: one that seeks to prevent the UK leaving the EU without a deal, and another mandating the government to seek an extension to the Article 50 date until 30 June 2019 if the deal has been agreed by Parliament by 20 March.

However, just because these motions have been passed doesn't necessarily mea…

Facing up to difficulties with French administration as we approach B-day ... and breathe ....

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With just 24 days left until 29 March and Brexit day, and no clear sense where things are heading and whether there will be an extension or an agreed deal, it's not surprising that everyone is getting a bit tense.

And not just us, but the French administration system too. The centre in Nantes has, we know, stopped processing applications to exchange British driving licences for the moment and is returning dossiers. An increasing number of préfectures are effectively closing their doors to carte de séjour applications from British residents too.

 For nearly 2 years now we at Remain in France Together have been strongly recommending that everyone applies for their carte de séjour as soon as possible, and many people have done that. We know from the Ministry of the Interior though that only around 16-18% of the total number of British in France have so far got their cartes. That means that the authorities have one gigantic job ahead - and they know it.

Our understanding is that there…

Everything you always wanted to know about the carte de résident longue durée (but were afraid to ask)

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As you know, under the ordonnance that defines our future rights if there’s a no deal Brexit, all those who’ve lived in France for 5 years or more will apply for a carte de résidence longue durée. Over the last couple of weeks there has been a lot of half truth, untruth and misunderstanding flying around about this status and the card that goes with it. In this article I want to set the facts straight, so everyone knows where they’ll stand in a worst case scenario. (Clue: it really ain’t too shabby).





1. What is long term residence status?

In 2003, the EU published a Directive providing that the status of long-term resident should be awarded to a third country national after they have lived legally in an EU State for an uninterrupted period of five years. The aim of the Directive was to ‘facilitate integration and promote social and economic cohesion’ by giving non-EU nationals who have lived legally in an EU State for a certain period of time a set of uniform rights, almost identical …

What rights for the British in France if there's no deal? Part 5: health care

As we expected, the ordonnance covers the situation of those whose health care is covered by an S1. It is good news, and means that if you’re one of them you can rest assured that your health care will continue without a break. The Article covering health care tells us that

1.  If you are covered under the S1 scheme and are legally resident in France on Brexit day, you will continue to benefit from health cover for yourself and your dependents for a period of 2 years ‘under the same conditions as a person covered under the French régime’.

2.  The period of two years may be reduced if a bilateral health care agreement is concluded with the UK that would continue a reciprocal health care system between the two countries.

3.  If at the end of the two year period there is no bilateral agreement between France and the UK, then the means of access to the health care system for S1 holders will be re-examined.

4. What the ordonnance doesn’t tell us is whether cotisations would be due (à la PU…

What rights for the British in France if there's no deal? Part 4: family members

There are three paragraphs in the ordonnance dealing with family members. Please make sure you’ve read Posts 1, 2 and 3 before you read this one as to understand this post you need to understand those first! As with the entire ordonnance, much of the information needs to be understood in the context of other legislation, so, as they say … it’s complicated!

1. A ‘family member’ is defined as follows: a direct descendant who is under the age of 21 years or is dependent on you; a direct ascendant who is dependent on you, your ‘conjoint’ (see next paragraph), an ascendant or direct descendant who is dependent on your ‘conjoint’.

2; In ‘droit commun’ - the normal régime that applies to TCNs - your conjoint can be the person you’re married to, or it can be the person you’re PACS’d with. If you’re PACS’d you’re expected to show evidence of your life together in France before your application, usually for I year. If you live together without a PACS you need to show even more proof of your lif…

What rights for the British in France if there's no deal? Part 3: residence of 5 years or more

This is the third of today’s posts looking at what the ordonnance says on residence rights. In this post we’ll focus on people with more than five years legal residence. Please make sure you’ve read Post 1 before you read this one.

This is the shortest and most straightforward post.

1. If you have been legally resident in France for 5 years or more, you will be entitled to obtain a ‘carte de résident longue durée’. This is the ONLY TCN card that is regulated by the EU and not national law - it comes under the Long Term Residence Directive. It’s like the EU carte de séjour permanent in that in order to get it for the first time you have to prove health care and sufficient resources for the previous 5 years, but once you have it, you have it and no further proofs of these are required. There are two conditions to obtaining this card: either

You already hold an EU carte de séjour permanent. In this case you won’t be required to prove resources as you’ve already done this; or
You have liv…

What rights for the British in France if there's no deal? Part 2: residence of less than 5 years

This is the second of the posts looking at what the ordonnance says on residence rights. In this post we’ll focus on people with less than five years legal residence.

Please make sure you’ve read Post 1 before you read this one.


1. There are a number of different cards and you will have to apply for the one that is appropriate for your circumstances.

2. No long stay visa, normally required for TCNs applying for an initial card, is needed.

3. Students will apply for the carte de séjour pluriannuelle marked ‘student’. The length of this will be determined by the length of their studies.

4. Salaried workers on a CDI will apply for the carte de séjour pluriannuelle marked ‘salarié’. This will be issued for 4 years.

5. Salaried workers on a CDD will apply for the carte de séjour temporaire marked ‘travailleur temporaire’. This will be issued for one year.

6. Self-employed people will apply for the carte de séjour pluriannuelle marked ‘entrepreneur/profession libérale’. This will be issued…

What rights for the British in France if there's no deal? Part 1: general provisions

On 7 February the long awaited ordonnance that will govern our rights if the UK leaves the EU without a deal was published.

We spent a manic 24 hours beavering away at the Articles in the ordonnance, cross-checking all the legislation it refers to (and there's a lot of it!) and translating into English the main provisions that affect us all: residence, and health care.

There is a lot to understand, so I’m going to break it into bits, as this is important stuff. In this post we’ll look at some general information; the next post will look at what the ordonnance says about people with less than 5 years residence; and the one after that will look at what it says about people with more than 5 years residence. Then finally in this series we'll explore the rights of family members, and lastly the ongoing health care rights of people currently covered by an S1.

So take a deep breath .... and here we go.


General provisions of the ordonnance


1. There will be a transition period of betwee…

Welcome!

Welcome to the brand new news and update site of Remain in France Together.

For the last 2 years we've kept our email subscribers up to date through a newsletter, sent out as often as we could (and not often enough, because of lack of person-power!) via Mailchimp.

As we've grown beyond all imagination, that system is no longer viable for us in 2019, so we've had to think again.

Whatever happens with Brexit - whether there's a deal or no deal - there is going to be new information coming thick and fast that we need to get out there to people as quickly as we can - and often before we've had a chance to update the website.

And so this news blogging site was born. We hope everyone will find it useful during the bumpy road we'll be sharing ahead.

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