During the first five years you are allowed absences of no more than six months a year except for certain exceptional circumstances (up to 12 months absence for maternity or military service).
Up to two years absence before losing permanent residence is the norm for an EU CdS. The possibility of five years absence is a special provision in the Withdrawal Agreement. It applies just as much to EU citizens in the UK as to Brits in the EU. If the ordnance is published with only two years then it will have to be modified to five years as the Withdrawal Agreement is an international treaty the whole EU has signed up to. Where provisions in national law conflict with the Withdrawal Agreement then the national law must change.
I’m pretty sure that it’s just an error on the flowchart.
I think that you need to be resident to apply even if briefly. Here is what the EU Guidance Note says
2.6.3.4. Out-of-country applications
Applications for the new residence status may also be made from abroad, for example by persons who are temporarily absent but considered as lawful residents in the host State (see guidance to Article 15(2) and (3) of the Agreement).
Out-of-country applications can also be made by family members who are not yet residing in the host State (see guidance to Article 10(1)(e)(ii) and (iii), 10(1)(3) and (4) of the Agreement).
Just attended our rendezvous for CDS.
Well done France!
So simple and the sweetest young lady that dealt with us.
10 minutes and all done.
10 years in the bag and auto renewal in 2030 which I hope to be still around for🤣
Sorry but the flowchart is wrong. If the ordnance states 2 years then it is in conflict with the Withdrawal Agreement & will have to be changed to 5 years. The WA is not a Directive that the French can drag their heels on implementing. This is an EU International Treaty & as such overrides French law.
Thank you Nigel. I had read that and also the guidance which clarifies that the WA is concerned with “right of residence in the host state” not “presence in the host state”. Thst being the case’I think it shoukd make no difference whether a resident is absent on a weekend in Spain or a 4 year 11 month break in the UK, they are still classed as resident. Do you agree?
Agreed. However they need to become resident again in that last month in order to reset the 5 year clock. This is simple if you already have a house in France.
Resetting the clock is not an immediate concern.
I lived in France until 2018 so I presume I can simply come back at any point until 2023? I am fairly certain that if I have not felt a compelling wish to return before 2023 I never will. My main interest in this is retaining the right to work in France and by the time I am 70 I think my days of taking people up mountains will be over. Perhaps they already are.
Please correct me if you see a hole in my reasoning. But I really don’t want to go through the motions of switching residence, especially with all the tax hassles that come with moving half way through the uk tax year, for no useful purpose.
Thank you Nigel for taking an interest in this, it is very helpful to me.
If you lived in France until 2018 then you do have until 2023 to re-establish residence. It depends how much time you want to spend in France & whether you will reside there long term & want your S 1 & pension uprating.
Unfortunately I left France in 2012 the year that my 10 year permanent card expired. If I were unscrupulous I suppose I could just apply to swap my expired permanent card for a new WA CdS permanent card.
I had not though of the state pension upgrade. That is something to consider certainly. Although probably not a deal breaker.
I do not think the S1 matters much because am I correct in thinking that pensioners are exempt from cotisations? I will have varios pension inclding a very small French pension.
as you say… lovely staff… so helpful and calming… even when my fingers would not reveal their prints…
We were early… to find parking… no problem but maximum wait is 90 minutes (before you get towed) so don’t turn up too much in advance…
Got to the building with about 10 mins to spare… and very pleased to find there is a waiting area with seats (well spaced) for about 8 people ( and there was only one chap waiting…).
I was especially pleased to observe the cleaning processes between clients… very thorough… and there was a pen on the desk and that got cleaned too…
One of the two clerks came over to us… I explained we were a little early for OH’s appointment … and I mentioned that my own appointment was not for a further 40 mins… whereupon this charming lady waved us both over to her desk…
One thing… you will be asked for Father’s christian names… and Mother’s too…
My mind went a complete blank when it came to Mum… and all I could recall was her first christian name… but that was ok… phew…
I was a nervous bundle on the way to Perigueux but felt absolutely great on the journey home… yippee.
That is great to hear! It will be interesting to see when the appointments start coming through for those of us that only applied with the new portal. I’ll be sure to report when mine does. I’m not sure if other departments (with lower numbers of Brits) have set up as well as Perigueux. I know they have put on a few staff and office just to deal with it.
Finally getting an S1 reduced our taxes significantly. Pensions are taxed here, both income tax and if your RFR is above a certain threshold a reduced rate of social charges.
And if the proportion of your overall pension from your French pension is more than a miniscule fraction you will be the responsibility of the French state and not eligible for an S1.
Hi Stella,
Yes I noticed the problem you had with your dabs as we were the next in line sat waiting.
The list of people due that was on the desk by the handwash by the entrance door confirmed it was you!
You had disappeared into the ether when we had finished so didn’t have the chance to say Hello.
They were so accommodating, my wife has a hand tremor and as soon as the lovely lady realised she said not to worry, disappeared upstairs with her passport for a minute and on her return said all was fine, no need for dabs.
If we plan a bank raid in the future it will be my wife who will do the safe cracking, I’ll drive the getaway car🤣
All the worry so many people have had has certainly proved unfounded, great system.