Thank you very much @Sandcastle for this response - much appreciated.
Thank you @JaneJones !
Of note is that the same problem / issue can arise for EU spouses of UK citizens who want to move back to UK - it seems a five year absence from the UK prior to ‘freedom’ day removes the right to the UK WA rights. And probably after too.
Below is the link to one reported case - tragic. Presume they didn’t just say ‘we visited for a day or so’.
My wife took citizenship for this very reason, that and a complete lack of trust in the settled status system.
My wife very grudgingly applied for settled status when we lived in the UK (she’d been living there for 25 years). Some smart legal work by an immigration lawyer then unearthed the fact that she was in fact entitled to UK citizenship, thanks to legislation personally backed by Margaret Thatcher when PM. However my wife was so disgusted with the whole Brexit fiasco, seeing it as a final straw, that she declined to seek UK citizenship and frankly couldn’t wait to leave the UK. She told me if I ever want to return to the UK, I will be doing so on my own! I have no such plans…
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Hi all,
A few questions which people may (or may not) be able to answer.
As a person who came to France under WA, do I have to wait until the WA 5 year CdS expires (2026) to apply for permanent residency or can it be at the 5 year mark based on provable arrival in France (a rental contract from 2020, so 2025), having lived continuously since just before that date.
What are the “presumed” rules around the 6 months out of the country, namely:
1, Can you extend beyond 6 months and still be covered under WA? Thinking of the clock reset issue.
- And a thought related to the first question…You have lived in France for almost 5 years continuously. You then take an up to 6 month break of the country which you are entitled to under WA and this takes you past the 5 year point to apply for permanent residency. Does the 6 month rule still apply beyond the 5 year point or do you benefit from the 10 year permanent residency rules automatically?
Interested to get peoples’ takes.
Thanks
Firstly you can’t apply for anything as there is no process yet in place for renewal of WARP cards.
You become a permanent resident on the 5th anniversary of your official arrival date. Whether or not you have a new card doesn’t matter.
Until that time you can only be out of France for 6 months, with one longer departure for exceptional circumstances only which is in gift of préfecture. Once over 6 months but within first 5 years you risk loosing your WA benefits, but this has not been tested so may well be in theory only. As for your last scenario, the only people who could tell you would be the préfecture, and I doubt they would do so right now.
Thanks for the quick response, Jane.
Official date being that which you can prove i.e. used on residency card application back in 2020 or the date shown on the valid from section on the WARP…?
A gift from the prefecture…forgive me for not being up to speed. What does this mean in practice. You have to apply for such an exemption…
So, by my understanding, once you pass that 5 year threshold, you are (official permanent RP or not) a permanent resident and should be treated as such, assuming you have all of the backing documentation.
Just to add one further point to your answer above.
Is there any news on a WARP permanent residency process at all?
Given everything that’s currently going on and with 150k WARPs coming up to expiry in the next 18 months or so. I’m sure lots of people are worried about being eligible for rentals etc.
As I recall we had to put a date on the WARP application, which generally matched the date on our first tax return. That’s your official date I believe. My guess is that tax takes precedence in defining your legal residence.
As for the rest no-one knows. And préfectures aren’t telling. And probably don’t agree with each other anyway!
I remember reading that there are a small handful of WARP cards expiring this year, so may mean something becomes known. But not 150k due for renewal as many will be 10 year cards already so due in 2031.
I suspect the bureaucracy needs a bit of time to settle and the first few WA CdS renewals or exchange for longer ‘permanent residency’ cards system vary a bit between departments, and possibly take longer than you would have hoped. Best be prepared early regarding travel plans.
Interestingly, as SF members may recall from an earlier thread, my SIL and husband obtained 10yr WA CdS cards despite having only a maison secondaire in France and neatly avoiding stays of over 183 days p.a. so as not to incur France residency taxes. Their maison secondaire is now sold but they are keeping their CdS, using them for three trips from UK to France during the past year, neatly avoiding 90/180 restriction, visa charges and longer border queues for UK passport holders. Somehow, with supreme self entitlement they routinely use the swifter EU members queue.
Of course, they are very pleased and feel justified but I still feel they continue to commit fraud. Such behaviours will no doubt continue while the French state has more important issues to be dealing with. But somewhere along the line AI or sharp eyed border guards will start catching these anomalies. I can only hope immigration also will have a hotline to le Fisc.
You are very reliable on all things official in France but I suppose I am questioning that statement. I have heard it several times now but have seen no evidence to back it up. Do you have access to anything?
I crossed the 5 year residency mark a month after I got my temporary card but am still feeling very vulnerable until I get a 10 year card in my hand (and am obviously not holding my breath on that one!)
Just for clarification, is that a total of 6 months out of France during the whole 5 years ?. I got to 5 years on the 1st Jan this year and are nowhere near 6 months in total since 1st Jan 2019, but maybe some people will be ?
Yes I am not infallible! It’s here
Article 16(3) of Directive 2004/38/EC states: Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country. Here is this law Directive - 2004/38 - EN - EUR-Lex
I’ve not known you to be wrong yet! However, it was the idea that I automatically became a permanent resident once I’d got past the 5 year mark and your reference seems to me just to be referring to absences… Perhaps I’m reading it wrongly but I am worried that, when/if they get round to allowing me to apply for a 10 year Warp card, they don’t HAVE to give it to me…
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@AngelaR you are not the only one who worries about this… but, please do take heart… what Jane says is absolutely true… as I’m sure has been reported elsewhere on the forum over the last few years…
now then… deep breathe… take a sip of something nice… cheers 
It has indeed but I wasn’t convinced then either as I hadn’t seen it on a French site! However, your last idea is a good one - we have some bubbles in the fridge 
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Hi Jade Jones
I am 5 years WA holder, and i am still confused.
Consecutive 6 months out of stay in France is out of total 5 years or each year?
Each year