Freedom of movement in France post-Brexit: What you need to know

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View of Martignes: Freedom of movement in France post-Brexit

Please note that this article is over six months old. While Blevins Franks takes care to make sure that information is accurate on the date of publication, some content may change over time. You should not rely on the accuracy of legislation and tax information in this article; take professional advice for your circumstances.

If you want the freedom of movement to come and go in France as a UK national, make sure you know your options.

On 1 January 2021 the UK fully left the EU, bringing an end to over four decades of automatic freedom of movement for UK nationals. While this is a big change, Britons have chosen to visit and make their home in France long before the UK joined the EU and will continue to do so after Brexit. And, of course, France will continue to welcome UK citizens to their communities, albeit under different rules.

So how do things work now, and what can you do to continue enjoying time in Spain?

If you were already living in France before 2021

UK nationals who can demonstrate that they were lawfully settled in France before the transition period ended can enjoy uninterrupted freedom of movement and citizens’ rights under the UK/EU Withdrawal Agreement. You don’t need to have been physically present in France as at 31 December 2020 to qualify, but you do need proof that it was your permanent home at that time (such as utility bills and French bank statements).

If you hold an existing residence document from France, this will become invalid on 1 October 2021, so you must exchange it for the new carte de séjour.

You need to apply for this online in the first instance, followed by a personal appointment at your local préfecture.

You must register for residence or exchange your existing paperwork before 30 June 2021 to qualify for the significant benefits offered under the Withdrawal Agreement.

If you have a French holiday home or plan extended stays in France

Unless you have French residence or EU citizenship, UK nationals can no longer come and go as they wish. As a ‘third country’ visitor post-Brexit, you can now only spend up to 90 days in any 180-day period without a visa.

This 90-day limit applies across the EU (within the Schengen zone), so you cannot pause or reset your days by crossing the border to spend time in another country. Once you have used up your allowance you will not be permitted to enter another Schengen country without a visa until you have spent enough time outside the area.

Anyone caught overstaying could risk deportation, fines and a record in their passport that can complicate future travel and visa applications.

If you want to spend more time in France, you have two general options: you can apply in advance for a visa for each extended stay; or unlock unlimited freedom of movement by becoming French resident.

Acquiring French residency in 2021

If you want to enjoy uninterrupted access to France as a UK national, you will need to apply for residence under the relevant post-Brexit immigration rules. In order to gain residence if you are not working in France, you will need to:

  • Demonstrate you have “sufficient” annual income to support yourself and any dependents without relying on the state.
  • Have adequate health insurance cover for France (this will have to be private as you are only eligible for state cover once resident).
  • Apply at the relevant embassy or consulate in the UK with the relevant documentation in advance of moving.
  • Commit to spending a certain amount of time in the country (generally 183+ days in a year).

You will also be expected to register as a tax resident in France and meet your tax obligations, as required.

Note that you will need to provide similar proof/documentation each time you renew your permit.

Making the most of France

If you do decide to move to France so you can enjoy unlimited time here, make sure you adjust your financial affairs to suit your new situation. By becoming French resident, it is highly likely you will also be deemed tax resident, so you will benefit from planning ahead. A locally-based adviser with cross-border expertise is best placed to help you meet your obligations in the most tax-efficient way and take advantage of suitable opportunities in France.

Arrange to speak to a France-based adviser

All information is based on Blevins Franks’ understanding of legislation and taxation practice, in the UK and overseas at the time of writing; this may change in the future.

Tax rates, scope and reliefs may change. Any statements concerning taxation are based upon our understanding of current taxation laws and practices which are subject to change. Tax information has been summarised; individuals should seek personalised advice.