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 lived legally in France for 5 years but haven’t yet got your EU CdS permanent. In this case you’ll have to prove both sufficient resources and health cover. Note that this applies to you whatever category you fall into: worker, self-employed, student, retired/inactive.

2. The amount of the resources required will be specified in a separate decree. We don’t yet know what they will be.

3. As you see, if you have more than 5 years residence, it’s important for you to apply for a CdS permanent if at all possible before Brexit day as this will make the changeover much simpler and you won’t have to prove your resources.

4. I’ll write a separate post at some point with all the information about the ‘long term residence’ status for TCNs as this will be our default status in the case of a no deal Brexit.

5. Once again, we’ll look at family members separately.

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