Second residence Brexit

SECOND HOME:

Britons with second homes do not fall under the Withdrawal Agreement, but the future relationship between the European Union and the United Kingdom which is being negotiated.

If no agreement comes into effect at the end of the transition period, their situation will be covered by a regulation adopted at European Union level, which provides that British travellers will not need short-stay visas (shorter duration to 3 months), subject to the United Kingdom granting reciprocal short-stay visa exemption to all citizens of the European Union. For stays beyond 3 months, however, British citizens will need a long-stay visa.

Regarding short stays, British nationals can stay in France for 90 days over a period of 189 days without applying for any residence permit (provided that the United Kingdom accepts this possibility for European nationals).

For British nationals who wish to make a long stay in France beyond 90 days in any period of 180 days, they will need to hold a residence permit or a long-stay visa.

PRINCIPAL RESIDENCE ASSUMPTION:

In order to obtain a French residence permit, the British national must reside in France.

It is considered a main residence, in accordance with 1 ° of II of Article 150 U of the CGI, as the usual and effective residence of the owner.

Article 2 of the Law of July 6, 1989, defines the main residence as accommodation occupied for at least 8 months per year, except for professional obligation, health reasons or force majeure.

In order to be considered as having your tax residence in France, the household must either be in France, the national must work in France or the individual’s centres of economic interests are in France.

The main place of stay is, in accordance with Article 4 A of the CGI, subject to “the rule of 183 days”. Thus, when an individual has resided in France for a period of more than 183 days during a year, that year is deemed to have his main place of stay in France.

RIGHT OF RESIDENCE IN CASE OF PRINCIPAL RESIDENCE:

The Withdrawal Agreement includes provisions for the right of residence of European citizens living in the United Kingdom before December 31, 2020.

The application for a residence permit can be made on the site before July 1, 2021.
The title must be held before October 1, 2021.
Residence permits issued under the withdrawal agreement will be issued free of charge.

British people wishing to settle in France must file this application on the basis of the provisions of common law with the prefecture of residence.
Nationals who have legally resided in France for a period of more than 5 years are eligible for a 10-year permanent residence permit.
However, when British nationals have resided in France for less than 5 years, the residence permit will be for 5 years.

CONDITIONS TO OBTAIN A RIGHT OF RESIDENCE:

British nationals must be in one of the following situations:

• Carry out a professional activity or have carried out an activity and be registered as a job seeker
• Have sufficient resources to meet their own needs and that of their family, associated with health insurance
• Carry out professional studies or training, associated with health insurance
• Be a family member of a British national with a residence permit and installed in France before December 31, 2020