French Court Rejects Law Allowing British Expats in France to Stay Longer Without Visa

Key Takeaways:

• French Constitutional Court rules an amendment allowing longer stays in France for British expats unconstitutional.
• British expats in France must adhere to visa rules, including a 90-day limit within any 180-day period.
• Some British second-home owners are selling properties due to the complexities of visa applications and restrictions.

For many British expats in France, the dream of enjoying long stays at their Gallic retreats has been dashed. A recent French court decision has reinforced the post-Brexit anxieties that now feature in the lives of UK citizens owning property abroad. The potential for prolonged periods of residence, without the hassle of visa applications, has been shut down. Let’s delve into the implications of this French Constitutional Court ruling, its background, and what it means for British expats in France.

The Legal Setback for British Second-Home Owners

In what could have been a significant legislative modification, an amendment to a French immigration bill sought to make it easier for British second-home owners to remain in France for longer than the current 90-day limit without a visa. Specifically, it would have offered an automatic long-stay visa, a change that had already garnered approval from the two houses of the French Senate.

However, the amendment ran afoul of the French Constitutional Court, which deemed it “unconstitutional” and unrelated to the immigration bill itself. Notably, “there are no appeals in France’s Constitutional Court,” consequently cementing the ruling as final.

Current Visa Requirements for UK Citizens in France

In essence, British expats in France are now designated as third-country nationals within the EU following Brexit. Here are the critical points to note about their ability to stay:

• British expats cannot remain in France for more than 90 days within any 180-day period unless they secure a visa.
• To stay beyond the 90-day threshold, British nationals must apply for a temporary long-stay visa, which can last for up to six months, or achieve permanent residency.

Failing to adhere to these stipulations may result in severe outcomes, including the risk of a ban and expulsion not just from France, but the EU at large. The rejected amendment has undoubtedly disheartened numerous British second-home owners, estimated to be around 86,000, who find these visa requirements burdensome.

The Effect of Visa Rules on Property Interest

In the aftermath of Brexit, the restrictions have influenced how often UK citizens with second homes in France and Spain choose to visit. Some have even felt it necessary to sell their properties, given the added complexities of visa applications and their consequences. It is perhaps telling that Kyero, a UK-based international property portal, reported a staggering “582 per cent increase in people inquiring about properties in France” in the mere three weeks after the amendment proposition.

Political Perspectives on the Residence Amendment

Why did this amendment come to the fore? French senator Martine Berthet revealed the motivation behind the proposal, emphasizing the economic impact of British contributions to French communities.

“Preventing Brits from contributing to local economies in the country would add to the growing number of empty properties in tourist areas,”

Berthet expressed this after receiving complaints from British citizens in regions such as Savoie in the French Alps.

The Bigger Picture for British Expats in France

For a broader context, approximately 177,000 British citizens reside in France with a residency permit. This group represents about “24 per cent of foreigners living in the country,” as indicated by an InterNations survey.

Looking Ahead

The refusal of the French court to facilitate easier residency for UK second-home owners in France means that staying compliant with visa regulations is more vital than ever. British expats in France, who have been closely watching the developments, must now continue to navigate the existing frameworks as third-country nationals.

For those planning to purchase property in France, or who already own and are considering their options, official immigration websites and resources provide authoritative guidance. Consulting the French Visa Application Guidelines on France-Visas, the official visa website for France, is advisable to stay up-to-date with the latest information and requirements.

The post-Brexit landscape has posed challenges, but with proper planning and understanding of the visa process, British expats can continue to enjoy what France has to offer—even if it’s in 90-day increments.

Learn Today:

Glossary or Definitions

1. Expats: Short for “expatriates,” this term refers to individuals who reside outside their home country, typically for employment or other personal reasons. In the context of this content, “British expats” refers to British citizens living in France.
2. Gallic: Relating to France or the French people.
3. Post-Brexit: Referring to the period after the United Kingdom’s withdrawal from the European Union.
4. Visa: A document or endorsement issued by a country’s government that grants permission to enter and stay in the country for a specified period.
5. French Constitutional Court: The highest constitutional authority in France, responsible for ensuring that legislation complies with the French Constitution.
6. Legislative modification: A change or alteration made to existing laws.
7. Amendment: A modification made to a bill or proposed law.
8. Immigration bill: A bill that deals with matters related to the entry, stay, and settlement of foreign nationals within a country’s borders.
9. Long-stay visa: A visa that allows individuals to stay in a country for an extended period, usually exceeding 90 days.
10. Third-country nationals: Individuals who are not citizens of the European Union.
11. Brexit: An abbreviation of “British exit,” referring to the United Kingdom’s departure from the European Union.
12. Permanent residency: The status of a foreign national who is granted indefinite permission to reside in a country.
13. Stipulations: Conditions or requirements that must be met.
14. Ban: A prohibition or prohibition order preventing an individual from entering or staying in a country.
15. Expulsion: The act of forcibly removing a person from a country.
16. EU (European Union): A political and economic union of 27 member countries in Europe.
17. Visa requirements: Mandatory conditions that must be fulfilled to obtain a visa.
18. Second homes: Residential properties owned by individuals in addition to their primary residence.
19. Complexities: Difficulties or complications associated with a particular situation or process.
20. Amendment proposition: A proposed addition or modification to existing legislation.
21. Senator: An elected representative in the French Senate, the upper house of the French Parliament.
22. Local economies: The economic activities and businesses operating within a specific geographic area.
23. Residency permit: A document granting legal permission to reside in a foreign country for an extended period.
24. InterNations: A global network and community for expatriates.
25. Frameworks: The established principles, guidelines, or systems that govern a particular process or situation.
26. Visa regulations: Rules and requirements governing the issuance and validity of visas.
27. Official immigration websites: Websites authorized and maintained by government immigration authorities, providing information and resources related to immigration processes and requirements.

So, for all you British expats in France, it looks like the dream of extended stays in your French getaway may have hit a snag. But hey, don’t get discouraged! Although the recent court ruling has put some limitations on your stay, there’s still plenty of ways to make the most of your time there. And if you want more information on visas, residency, and all things immigration, head on over to visaverge.com for a wealth of helpful resources. Happy exploring!

This Article in a Nutshell:

A recent French court ruling means British expats in France can no longer stay longer than 90 days without a visa. Failure to comply may result in a ban and expulsion. The rejected amendment, which aimed to offer automatic long-stay visas, disheartened many Brits who now find visa requirements burdensome.