Following our previous news concerning the timing set up by the ordinance of 7th of February 2019, here is our analysis concerning the rules applicable to British citizens according to their situation in France on Brexit day:
- For all citizens legally residing in France before Brexit: exemption from Residence Permit during the lifetime of the ordinance (Article 1 of the ordinance) provided that they continue to reside in France. As explained in our previous news, this ordinance being subject to a reciprocity clause, this exemption is therefore not necessarily perennial.
- For British nationals legally residing in France for more than 5 years: automatic grant, without having to present a Long Stay Visa, provided they can prove they have health insurance, of the 10-year « EU long-term resident » card (Article 3).
- For British citizens legally residing in France for less than 5 years: a distinction must be made between employees on fixed-term contracts, who are entitled to a renewable one-year Residence Permit, and employees on permanent contracts, who are entitled to a renewable four-year Residence Permit (Article 2). These residence permits exempt their holder of a Work Authorization and their employer from verifying the latter with the Administration (Article 8).
- For spouses (married before Brexit), ascendants and descendants dependent on British nationals, whether they are themselves British (Art. 2, I, 6°) or third countries (II), the multi-year residence permit issued will be of the same duration as that of the principal applicant.
The ordinance also confirmed the maintenance of rights to unemployment insurance and RSA (Article 6) for one year from Brexit and to Social Security (Article 7) for two years.
Finally, this ordinance will be supplemented by a decree setting out the conditions of resources applicable to some of the other possible statuses (« job search, business creation, visitor, entrepreneur, liberal professions »).
Do not hesitate to contact Home Conseil Relocation to assist your population of British nationals working and residing in France, which will therefore be considered as an non-EU population (and thus require Work and Residence permits) starting 30 March 2019!