Article 50: What the post-Brexit carte de séjour entitles you to in France
Once the dust settled after the torturous years of Brexit negotiations a distinct group emerged - Brits who were living in the EU before Brexit (and EU nationals living in the UK) and who were granted a sort of 'half and half' status by the Withdrawal Agreement.
This group gets to keep some of their pre-Brexit rights, especially around residency, but loses some others - in particular around onward migration and voting rights.
This group are in a totally different situation to Brits who moved to the EU after Brexit, who now come under general rules for non-EU nationals (sometimes referred to as third-country nationals).
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Brits who fall into this group have a specific type of residency card - in France it is the
Article 50 TUE carte de séjour
, sometimes informally known as the WARP (Withdrawal Agreement Residency Permit). In the main, it is only available to people who were resident in France before December 31st 2020, although in some cases a spouse or family member of a card-holder is entitled to the card as well.
This card proves that the holder is covered by the Withdrawal Agreement and has certain protected rights.
However, as memories of Brexit fade, the exact rights of the Article 50 card
are not always clearly understood
, especially among French administration staff who are not specialists in immigration matters.
READ ALSO
:
Brexit residency rights in France: Where to go for help✎
So here's a look at exactly what Article 50 card holders are entitled to, and what they aren't.
What can you do with an Article 50 card?
The Article 50 card is intended to enshrine the rights laid out in the Withdrawal Agreement, and replicates many of the rights that Brits enjoyed pre-Brexit as citizens of an EU country.
Among them are;
The right to live in France. There are two types of Article 50 card, a five-year card and a permanent (10-year) card. Holders of the 10-year card have the right to live in France permanently but must renew the card itself every 10 years. Holders of the five-year card can swap it for a permanent card once they have been legally resident in France for five years or more - in order to make the swap they should be required to provide proof only that they are still legally resident in France and are covered by the Withdrawal Agreement;
READ ALSO
:
What are your responsibilities as a resident of France?✎
Language test exemptions - new rules on language tests for certain types of long-term residency permits
exempt Article 50 card-holders;
The right to undertake any type of professional activity in France. The wording on the back of the card reads
Accord de retrait du Royaume-Uni de L'UE – séjour permanent toutes activités professionelles
- unlike holders of other working residency permits, holders of the Article 50 card can be employees, self-employed, remote workers or unemployed and do not have to update their residency status if they change their work;
The right to study in France;
The right to live in France without working - eg for retirees. Unlike holders of the French 'visitor' visa, there is no requirement to regularly provide proof of financial means;
The right to leave France - permit holders can leave France for
between 10 months and two years
(depending on card type) without losing residency status. It should be noted that Brits who do leave France long enough to lose their residency (eg going to university in another country) will have to go through the standard non-EU immigration channels if they want to come back;
Pension rights - people who have worked in both the UK and an EU country have the right to have their pensions combined into a single pension, as is standard practice for people who have worked in one or more EU country - full details
here
.
Driving
- this is not specific to Article 50 card holders, but people who have a UK or NI driving licence have a slightly different process when it comes to exchanging for a French one. Full details
here
.
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Professional qualifications
- the Withdrawal Agreement doesn't specifically address the mutual recognition of professional qualifications. The deal that was eventually worked out meant that Brits could apply to have their qualifications recognised before the end of the Brexit transition period. Those who did not do so in time, however, must now abide by the standard non-EU rules around professional qualifications, which may mean taking French exams in order to be able to practise certain professions.
And what doesn't it entitle holders to?
Voting
- French rules state that EU citizens can vote in local or European elections, can hold elected office at a local level and can take on
fonctionnaire
roles. Those rights were all lost to Brits in France after Brexit
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Onward migration
- the
carte de séjour
entitles holders to live in France, but only in France. Card holders who want to move to another EU country have no special status and must follow the same rules as all other non-EU citizens moving to that country.
Citizenship
- Article 50 card-holders are entitled to apply for French citizenship if they meet the criteria around residency or family ties, but they get no special privileges and apply under the sale rules as everyone else. Unlike with residency cards, there is no language test exemption for British Article 50 card-holders seeking French citizenship.
READ ALSO
:
Quick guide: Who is eligible for French citizenship?✎
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Article 50: What the post-Brexit carte de séjour entitles you to in France
Once the dust settled after the torturous years of Brexit negotiations a distinct group emerged - Brits who were living in the EU before Brexit (and EU nationals living in the UK) and who were granted a sort of 'half and half' status by the Withdrawal Agreement. This group gets to keep some of their pre-Brexit rights, especially around residency, but loses some others - in particular around onward migration and voting rights. This group are in a totally different situation to Brits who moved to the EU after Brexit, who now come under general rules for non-EU nationals (sometimes referred to as third-country nationals). Advertisement Brits who fall into this group have a specific type of residency card - in France it is the Article 50 TUE carte de séjour , sometimes informally known as the WARP (Withdrawal Agreement Residency Permit). In the main, it is only available to people who were resident in France before December 31st 2020, although in some cases a spouse or family member of a card-holder is entitled to the card as well. This card proves that the holder is covered by the Withdrawal Agreement and has certain protected rights. However, as memories of Brexit fade, the exact rights of the Article 50 card are not always clearly understood , especially among French administration staff who are not specialists in immigration matters. READ ALSO : Brexit residency rights in France: Where to go for help✎ So here's a look at exactly what Article 50 card holders are entitled to, and what they aren't. What can you do with an Article 50 card? The Article 50 card is intended to enshrine the rights laid out in the Withdrawal Agreement, and replicates many of the rights that Brits enjoyed pre-Brexit as citizens of an EU country. Among them are; The right to live in France. There are two types of Article 50 card, a five-year card and a permanent (10-year) card. Holders of the 10-year card have the right to live in France permanently but must renew the card itself every 10 years. Holders of the five-year card can swap it for a permanent card once they have been legally resident in France for five years or more - in order to make the swap they should be required to provide proof only that they are still legally resident in France and are covered by the Withdrawal Agreement; READ ALSO : What are your responsibilities as a resident of France?✎ Language test exemptions - new rules on language tests for certain types of long-term residency permits exempt Article 50 card-holders; The right to undertake any type of professional activity in France. The wording on the back of the card reads Accord de retrait du Royaume-Uni de L'UE – séjour permanent toutes activités professionelles - unlike holders of other working residency permits, holders of the Article 50 card can be employees, self-employed, remote workers or unemployed and do not have to update their residency status if they change their work; The right to study in France; The right to live in France without working - eg for retirees. Unlike holders of the French 'visitor' visa, there is no requirement to regularly provide proof of financial means; The right to leave France - permit holders can leave France for between 10 months and two years (depending on card type) without losing residency status. It should be noted that Brits who do leave France long enough to lose their residency (eg going to university in another country) will have to go through the standard non-EU immigration channels if they want to come back; Pension rights - people who have worked in both the UK and an EU country have the right to have their pensions combined into a single pension, as is standard practice for people who have worked in one or more EU country - full details here . Driving - this is not specific to Article 50 card holders, but people who have a UK or NI driving licence have a slightly different process when it comes to exchanging for a French one. Full details here . Advertisement Professional qualifications - the Withdrawal Agreement doesn't specifically address the mutual recognition of professional qualifications. The deal that was eventually worked out meant that Brits could apply to have their qualifications recognised before the end of the Brexit transition period. 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Unlike with residency cards, there is no language test exemption for British Article 50 card-holders seeking French citizenship. READ ALSO : Quick guide: Who is eligible for French citizenship?✎
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