it is the policy, have a read through the flow charts etc and you will see what they are asking for.
This is SUPER important and this misinformation is still found even on some apparently on the ball websites. THIS IS NO LONGER THE CASE - ABSENCES ARE ONLY ALLOWED UP TO 2 YEARS NOT 5.
It is thier policy to be generous. Do you intend on returning?
Yes I have looked at what they are asking for. What I was wondering was, what other routine checks they do. For instance they do not ask about convictions but I would be very surprised if they do not do criminality checks on every applicant. I thought the fact they ask applicants for so liittle info, suggested that they were following a process similar to the UK where they do the work for you and check your tax and social security records ect rather than put you to the trouble o f digging out info that they already have. The eu told member states to make the application process easy for applicants fortunately.
The permitted absence question is confusing. France normally allows 2 year absences but the WA very clearly states 5 years. I do not see how the WA can have been changed or be wrong?
I would have liked to retain the right to work in France for another couple of years. At present I am not considering moving back permanently. But it is probably academic in any case because until the virus goes away and the outdoor industry get back nearer normal there is unlikely to be much chance of work for me. If I apply the dilemma is do I apply with an electricity bill and say nothing to save hassle all round or do I add an explanation and complicate things for everyone.
There is a big difference between residency, where little is checked and nationality, where everything is checked. When we got our 10 years cards some time ago we didn’t have to provide a casier judicaire, and no suggestion that they checked either.
My feeling is that France wants to get people registered, and will deal with miscreants afterwards. If someone gets a card on the basis of having been here 5 years, and then submits a tax return next year there may well be questions about where are the returns from 2016, 17, 18 and 19. Or if there is no tax return that might also become obvious.
I know Tory feels that the CdS is the end of the process, but I find it hard to believe it will be.
I don’t think so. These personal asides are very interesting and give a window on a wider world that is heart-warming and imaginative. Add an extra dimension to my sense of the flesh-and-blood that inhabits the moniker and the snapshot. Don’t stop!
Well thank you Peter. I was mindful that on other sites such thread drift is distinctly frowned upon, and sometimes attracts severe criticism. But I do agree with you, as long as the deviation is not pushed too far.
Back to the thread, I am surprised but pleased that asthma has been ‘downgraded’ somewhat as a risk factor, as that is what I have been diagnosed with.
In fact I had it as a teenager, then in my mid 20s had a sudden attack so severe that I seriously doubted surviving the night. Then nothing till last October when, parked up in my small caravan on my way to collect a dog, I was woken by an attack just as severe which prompted me, at 1am, to pack up and go straight back home. 50 years of nothing, and then that.
Over the past year, I have felt the difference, not so much in struggling to breath as in the amount of ‘stuff’ that my lungs are producing, but I am slightly surprised that my doctor has not contacted me for a test. I do take my temp now and again though and take sensible precautions.
I dont’ think anyone knows if they’ll start digging after - even the French! I’m not saying they absolutely won’t but I’ve not read anything to say they will either. I’m just working on helping people navigate the process to get thier CDS with minimum stress (as we’ve all had for years!).
The thing is though is that the 10 year card is both permanent residency and renewable so I’m not sure really what they can do other than get people to start filing taxes etc from now on. I would hope that those that have it get their affairs in order so that they are meeting the obligations of a resident even if they perhaps have been in a grey area until now. If I was not in the system I’d certainly be looking at doing so for my own peace of mind. I think (imagine) that a lot of these are perhaps retirees where they have no financial tie to France, UK pension etc (although health care obviously a different thing) that have perhaps just been taking the easy path (and it has been) of living here for most of the year without really needing to get more integrated.
For the 5 year one to then go over to the 10 in 5 years time, perhaps they will ask more questions. As others have said they probably have access to a lot of the info regarding taxes etc.
Turning the application on its head ì wonder if everyone who applies via this online system qualifies? We certainly won’t hear of people who dont get a rendezvous for whatever reason. Hopefully they will return to their home country where they can continue their under the radar activities.
Having been here 12 years and the same number of tax returns to prove it I look forward to proudly providing my photo and passport for approval this coming Monday, and finger prints too.
I understand that is all that Is needed but I shall still take my file full of documents, just in case.
It was quite a shock on looking through my Avis to see how much cotisations I have paid over the years. Thankyou France for my forthcoming CDS I will treasure it.
They are asking for so little I think you would have to be pretty dumb to be refused! But yes, that’s what stick in my throat - all the taxes, social charges, CFE payments, cotisations to URSAFF etc. Adds up to a tidy sum.
But even permanent cards can be rescinded…I think the one that might cause hiccups is “Vous avez employé illégalement un travailleur étranger” so people might have to loose the habit of asking nearest unregistered Brit to sort out the plumbing. And there is the catch-all “Vous ne vous êtes pas rendu aux convocations de la préfecture pour vérifier que vous remplissez toujours les conditions de délivrance de votre carte de résident”…
No. The flowchart is wrong. The Withdrawal Agreement states 5 years & the EU Guidance Note on the WA states
2.3.3. Article 15(3): Residence for more than five years
Article 15(3) of the Agreement provides that the right of permanent residence should be lost only through absence from the host State for a period exceeding five consecutive years (see guidance on Article 11 with respect to beneficiaries who are absent at the moment of the end of the transition period).
Plus gives this example
As an example, EU citizens who acquired the right of permanent residence in the host State under the conditions set out in the Agreement by the end of the transition period and who leave the host State six years after the end of the transition period for a period of four years (e.g. for a professional posting abroad) can still return in the host State and keep their right of permanent residence and all attached rights under the Agreement.
Is there a difference between what will be allowed once people have their WA card, and what is required to be eligible to get one? ie if you haven’t lived here for years you can’t get one.
Probably Tory, is confusing the length of permitted absences during the five year qualifying period, with the time you can spend outside France after you have qualified. I think that is what Jane is saying and if so I agree.
the online application site… clearly says… “residing now (in France)”… “or residing (in France) before 31/12/20”
Our local CPAM office is awash with Brits coming to 2nd homes and deciding to become Resident before the end of the year… because that will be best for them…
No I’m not confused, I’m basing the 2 year thing on what is stated in the FAQ for the WA application and I’ve been told that they are using that but if this changes it will be when the decree is issued at the end of the month. This is what it says on the FAQ:
*If my stay in France for several years has not been continuous (for example, if I have returned to the UK for a year) will this prevent me from obtaining a 10-year residence permit?
No. You should prove the date of the first settlement in France. If the stay has been interrupted one or several times, this does not affect the calculation of the duration of the stay in France unless this interruption lasted more than two consecutive years*
Here is the (French government) source for this information:
I think Jane’s meaning in the sentence you quoted Stella is “if it is years since you last lived in France”. As opposed to “unless you have lived in France for years”.
That is what I was trying to say.
But it is a different situation if you have left France after living there for more than five years. See Nigel’s q uote. The conditions for acquiring a right, and the conditions for losing it once acquired, are two different things. The two year interruption applies to the qualifying period.
Allowing five years absence during a five year qualifying period would not work obviously. But once you have acquired the right, then you can be away for up to five years without losing it and that is the situation I was asking about.
I think Jane’s meaning in the sentence you quoted Stella is “if it is years since you last lived in France”.
I simply took the French Gov to mean …
Folk who are resident in France now (as in when this portal became active Oct 2020)… and folk who subsequently get here before the 31/12/20 deadline.
whatever shall we have to chew over when all this is done and dusted…
I think you are missing the point Stella.
According to the withdrawal agreement if you have permanent residence rights acquired prior to brexit you do not need to be living in France at this precise moment. You only lose those rights after five consecutive years outside France. So it is not quite as simple as Yes or No. A person who is currently resident elsewhere may be applying because they have the right to reside even though they are not currently residing.
I have no plans at present to move back to France but I would like to keep open the option of working in France next year and the year after. Under the wit hdrawal agreement it appears that I have this right and that is why I intend to apply.