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 life in France together and probably produce a certificat de concubinage.

3. For people with less than 5 years residence.
(a)If you don’t meet the conditions for any of the cards that are described in Post 2, but you are a British citizen who is a family member of someone who does, you can apply for a carte de séjour pluriannuelle marked ‘vie privée et familiale’. This is similar to the current situation, where you can piggyback onto your family member’s rights if you don’t meet the conditions yourself. The family relationship must have existed before Brexit day. Your family member’s card will have the same duration as that of the family member you’ve piggy-backed onto.

(b) If you’re a third country national of any nationality who is a family member as described above AND at the date of Brexit you were living legally in France as a holder of a ‘carte de séjour de membre de la famille d’un citoyen de l’Union’: you can also apply a for carte de séjour pluriannuelle marked ‘vie privée et familiale’. Your family member’s card will have the same duration as that of your family member.

4 For people with more than 5 years residence
If you’re a third country national of any nationality who is a family member as described above AND at the date of Brexit you had been living legally in France with your family member, you will obtain the ‘carte de résident longue durée’ if EITHER
- You hold a carte de séjour permanent as a family member; OR
- You have lived legally in France with your family member.

Popular posts from this blog

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

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

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