I have a pre-brexit 5 year residency permit that is due to expire in 2026. I have almost been out of France for 6 consecutive months and therefore risk losing my residency. If I return to France temporarily (eg 2 weeks) before the 6 months is up will this mean I can keep my residency or do I have to return permanently?
Apparently as long as you return for at least 24 hours that is likely to be accepted. Unfortunately no one knows what will be required to renew a WARP card at the moment as it hasnāt yet happened. However the text of the withdrawal agreement itself seems ro allow for this.
But donāt leave it too long!
I will try to find the text. This provides some background
Thanks so much for your response! Iām not so concerned about the possibility of later renewing my titre de sejour yet, just more concerned over whether mine will remain valid by just returning to France briefly before the 6 months is up. Which as I understand you think should be okay. However I still have a few qualms ā¦
According to the link you sent : "ā¦those with under 5 years of residence can leave France for up to 6 months per year (the year runs from your first day of residence NOT January 1) "
So does that mean that on top of the 6 consecutive months rule you also canāt be out of France for more than 6 months a year as well? In which case, even if I returned briefly to break up the 6 consecutive months I would have still been out of France for more than 6 months of my year (aka if I returned to France before my 6 months was up but then left again for another 2-3 months I would have been out of France for at least 7 months in that year, even if not consecutively). Or does that 6 months/year rule apply for those with residencies of LESS THAN 5 years (mine being a 5 year one).
Thanks so much for your help, really appreciated! Iāve found it hard coming by this information
Unfortunately, unless the surrounding text adds caveats, thereās no ambiguity in that phrase. It could be reworded as āyou must spend at least 6 months in Franceā
You were confusing two different sets of rules.
For those with under 5 years residence, permitted absences cannot exceed 6 months per year in total, apart from exceptional situations. The clock resets at the end of each 12 month period.
For those with over 5 years residence, permitted absences cannot exceed 5 years continuous. The clock resets each time they return to France.
Even if you have exceeded your permitted absences your card remains valid until expiry. If you have met the conditions, France is obliged by EU law under the Withdrawal Agreement to renew it on expiry. If you have not met the conditions France is not obliged to renew it. But there is a good chance that they will be lenient.
Yes, that is a better explanation! The resetting of the clock is only for people who already have permanent residency rights.
However for OP despite what it says on the card you may already have permanent residency rights. Some people got 5 years cards having already been in France for quite a few years, when did you actually arrive.
Thanks for sharing this document ! I moved to France in September 2020 and was granted a titre de sejour that will expire in September 2026 (I think because I didnāt receive it until September 2021). I had assumed that my residency permit would remain valid until its expiry regardless of absences.
Yes it will.
The only issue is renewal and we have no idea what the process will be yet.
Do you actually want to live in France?
thanks for this clarification
okay thanks for all your help
Yes I had only intended to leave for 3 months but got caught up looking after a family member for longer than expected
I believe this is one of the special circumstances for being away longer, up to 12 months.
I wonder if the French Embassy can help/advise @otto about thisā¦
ā¦ as you suggest, health issues (dealing/helping with) might well be a āspecial circumstanceā and it would be useful to know ā¦