I hope someone can point me in the right direction.
My cds application is in and pending, I’m half expecting to be given a quitte territoire notification and I’m doing the best I can to plan for the worst although I’m hoping for the best!
In the worst case scenario I would arrive in the UK (probably Scotland) having been ordered to leave France. I have no friends, family or any ties whatsoever in UK having spent 20 years in France. I would have enough money to get myself to Scotland with no reserves.
Could somebody advise me who I might contact for advice or any steps they might think I should take.
Since you give us no hint of why you feel your application might be denied…
(or even which category of CdS you are applying for) it is difficult to advise…
So I suggest you seek Legal Advice… a situation where you will be able to voice your fears and give your reasons in total confidence… and then receive informed advice/guidance.
In the first instance you could go and speak with someone at your Mairie and ask their advice on who to approach.
Thankyou for taking the time to reply Sunbeam. My question isn’t about the reasons why I think my application might be refused, it’s more about what I can plan for should the worst happen.
My understanding was that if you have been in France for enough time (10 years ?) you acquired the right of residence - even if you haven’t been living “régulièrement”.
Assume that you won’t be coming back to France?
Seriously, without some clue I don’t think anyone can advise you - there’s going to be a world of difference between struggling to prove you’ve been here 20 years, or to prove you were here before Jan 1st or a late CdS application (and I’m not clear you’d be asked to remove yourself from French territory for those) and having, say, committed a crime on French soil.
Ditto, you can go through things in confidence and get sound advice on what you redress (if any) might be.
If you get required to leave France then that actually helps the possibility of getting support when you arrive back in the UK (presuming you are British) as you won’t have the problem of being considered to have made yourself intentionally homeless, which would make you ineligible for support. However, as a young’ish (?) male with no dependants (?) you are also unlikely to be a priority.
If you return to the UK after living abroad, you could be habitually resident as soon as you arrive if either:
you return to resettle after living here previously
you’re deported or removed from another country
You can show an intention to resettle by looking for work, arranging school places and registering with a GP. The council will decide if you’re habitually resident.
The DWP will also look at this if you need to claim universal credit (around £260/month)
Stay with friends of friends or anyone you know on return to UK if you can… You may not qualify for emergency housing.
You can usually apply for universal credit and get some homeless help within 3 months of arrival.
This is a starting point for help in Scotland (which I believe is kinder than in England)
This side, there are organisations that will help with your CdS application and possibly support further legal follow-up - others will have links to them to hand (@toryroo ).
If you wash up in Scotland with no money and nowhere to go my guess is you’ll need to rely initially on the voluntary sector - state support tends to take time, and be less user-friendly - in addition to Jane’s link above you should research voluntary sector bodies local to the area you land in that support people in need, including immigrants (as - I assume - a British citizen you maybe don’t quite fit their brief, but my guess is they’ll help anyway).
Being asked to leave within the 48hr window
whereby the legal bit comes in about the land of your birth having to accept you. (presumably Scotland as you have suggested it would be…)
Being told to leave and given 1 month to do so:
which means you can plan now which country you wish to head for…
Of course, the “reason” for your expulsion/being asked to leave… might well play a part in your options…
It would be incredibly unlikely that you would not be allowed to stay if you have been here for 20 years. I recently helped a homeless person get his card. A VERY serious crime would be about the only thing that could block you. Do get in touch with the association for your area, even if just to put your mind at rest.
Thankyou for all of your replies, the effort you have taken to help is very much appreciated.
No I’m not a criminal, just a late middle aged chap who decided to change lifestyles and live on the margins of society. Although I have carte vitale, my fiscal number, siret number, French driving licence, fluency etc I’ve been off the radar for several years now preferring a very simple but rich life. I’m not sure I’d approve my cds if I were the prefet!
I agree with Billy, honestly you are more in the system with all those French documents than many I have dealt with! Stop worrying you will be fine honestly!
The thing is now that it has been left open (normally only for those that have a reason they didnt’ make the deadline) there is no way they can get all cards out on the 01/10 - even those applying now unlikely to have them in hand!
My words which you have quoted, were posted on 28th June 2021… and correctly reflected my thoughts/experience at that time…
My experience has broadened… since the end of June.
I can now attest that Dementia is a good reason for not applying in time…
one local was found to be in such a situation…
All done and dusted … and simply waiting the call from the Prefecture… as are so many who did manage to get their Applications in on time.
EDIT: We know nothing of the Application by the OP… on time, late… ??? merely that, for some reason, he fears his application will be rejected… after 20+ years in France…
My application was on time but I only submitted the form with copy of passport and date of issue of siret number from 2003. I knew my application was ambiguous and more would be required of me but having been travelling for 4 years now I didn’t have the required documentation. All is now submitted.
I just hope no-one asks me where I’ve been as I’ve travelled to 20+ countries and hadn’t been back to France for two years just before the first confinement. I haven’t submitted tax returns for five years. I deeply love my life as a barouder, sharing a lifetimes skills and lessons and learning as well…but the French tend not to have a box for people like me, hence my angst.
Your situation sounds fine to me as you only have to have been in France for one day just prior to the 31st December 2020 You won’t be expected to have submitted a French tax return if you haven’t been living in the country and as far as I understand it, the Prefectures are not even looking at tax status for these particular Carte de Sejours, so that’s something to talk to the tax people about separately.
The only problem you are likely to have in the future is that, if they give you a 5 year Carte rather than a 10 year one, you won’t be able to maintain residence and live somewhere else for another 2 years stretch - I think there is a 6 month limit in one go . With a 10 year one I think I’m right in saying you can be absent for several years and maintain residency rights. If I’m wrong, someone is bound to correct me!
Please don’t worry. There are lots of entirely inappropriate people who have been successful in their applications and you are very appropriate…
You won’t be expected to have submitted a French tax return if you haven’t been living in the country and as far as I understand it, the Prefectures are not even looking at tax status for these particular Carte de Sejours, so that’s something to talk to the tax people about separately.
. With a 10 year one I think I’m right in saying you can be absent for several years and maintain residency rights. If I’m wrong, someone is bound to correct me!