No. It confirms that a person has the right to reside. There is no obligation for the person to exercise the right for any longer than they wish to do so. But the fact of not exercising it does not mean they immediately lose it.
I’m not aware of any type of French titre de séjour that is invalidated before its expiry date due to the person is no longer residing in France. But especially not the WARP because that was an EU agreement not just national law,WA makes no provision for member states invalidating the protection given by the treaty.
I think we may well be angels dancing on the head of a pin.
I agree there is no mechanism for the host county to render a CdS void when it is in date. However, to me, the holder of that CdS can breach conditions and place themselves in an irregular situation. And being in an irregular situation can theoretically lead to one being given notice to quit France despite the CdS.
More commonly it just wouldn’t be renewed.
However,
My point is that, when the holder is not a resident of France or is absent from France for 6 months, they thereby lose the WA 5yr CdS covered right to residency in France.
This has been mulled over on SF before
The WA CdS was created for Brits to be resident in France, not for maison secondaire dwellers to have freedom to come and go. These would need to apply by tourist rules or wait for France to issue a new part time permit for second home (or boat) part time residents. I am well aware that there are more than a few users of 5 and 10 year WA CdS obtained during the period of grace that are not in fact French residents. Gaming the system does not make it legally correct.
I’m afraid I have a bee in my bonnet!
We live in hope that part of the card renewal process will be to prove the applicant is a French tax payer, ie. Submitting an annual tax declaration rather than thinking that paying tax fonciere on their maison secondaire qualifies.
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Well you have to provide an Avis each time the CSS is renewed so I would think for the CDS it will be mandatory although don’t forget all their computers are linked up so they only have to check with the Impôts anyway to see the applicant’s history. I know the CAF had all my details online from the Impots when I was on the RSA.
But that is a different situation. I was talking about a person who was genuinely resident in France before the end of transition, and who therefore qualified fair and square for 5 years protection under the WA, but who for whatever reason has moved on. I am sure that people were not required to sign an oath in blood that they would remain resident for ever or even for the full 5 years. It was sufficent to be a regular resident immediately prior to 31.12.20.
Then in your scenario, what about people who breach the resources condition? If their resources fall below the threshold, do they also immediately forfeit their rights? because it would be unfair to enforce one condition and not the others. And the forfeiting cannot be automatic, given that France has discretion on all these things.
I realise you have a bee in your bonnet about second home owners and I tend to agree with you, but that does not mean you can make the WA say things that it does not say. There is no mention of forfeiting rights within the 5 years protection. Simply that you will not qualify for full residency at the end of the 5 years.
As for the 10 year card holders, they are allowed an absence of up to 5 years before their rights are affected so it would be entirely possible for a 10 year card holder to have left France since Brexit but still retain all of their WA rights.
Indeed. No one is obliged to remain resident in France during the validity of their CdS but should they not be resident for more than 6 months during that time, the card becomes invalid and must be reapplied for.
Also true.
However, it seems that once a user is no longer resident in France, being away 6 months while holding an Article 50 TUE (WARP) 5 year CdS, or non resident for 5 years holding a 10 year CdS, the cards and residency rights they declare are no longer assured.
In the case of the OP, after being non resident in France for 2.5 years they would need to reapply for a CdS. Or, just wait for the 2026 expiry and see what happens. There is as yet no mechanism for relinquishing CdS when ceasing to be resident in France or reactivating one after a long absence.
Being a resident of France needs clear and comprehensibly stated definition of the limits of what is as well as what is not residency. I’m sure it’s spelt out somewhere but certainly well concealed!
They obviously cannot reapply for a WARP at this point. They would have to apply for a visa or possibly e.g. family reunification. But any application for a visa or a different titre de séjour would likely not be considered because they currently hold an unexpired CdS.
I really would like to see some links for all these assertions you are making.
If the intention of the agreement was to terminiate rights in anticipation of the conditions not having been met at the end of the 5 years, I am sure this would have been made clear, and mechanisms would have been put in place for all member states and the UKto follow.The wording has I am sure been carefully chosen and it does not mention the things you suggest.
Do not forget that the intention of the agreement was to give citizens certainty and protection. It was specifically not to hold a sword of Damocles over their heads. In effect it is saying that a citizen who was correctly exercising their right to FoM before Brexit, has got five years in which to adapt to their new status as a non EU citizen, before their rights either expire or are confirmed.
Do not forget that those rights extend to more than simply the right to reside. For instance, logically a person who qualified for a 5 year WARP but left France in say 2023, still has the right to work in France if they wish.
The point is that people were given a specific set of rights for a specific period. Whether or not they choose to exercise those rights continuously or sporadically or not at all during that period, is up to them, as indeed it was pre Brexit. And, as pre Brexit, if they have reside legally for 5 years they will be granted full rights. If they do not they will not and their protection under the WA ends.
To be fair,
Article 15 WA
Right of permanent residence
- Union citizens and United Kingdom nationals, and their respective family members, who have resided legally in the host State in accordance with Union law for a continuous period of 5 years or for the period specified in Article 17 of Directive 2004/38/EC, shall have the right to reside permanently in the host State under the conditions set out in Articles 16, 17 and 18 of Directive 2004/38/EC. Periods of legal residence or work in accordance with Union law before and after
the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence.
- Continuity of residence for the purposes of acquisition of the right of permanent residence shall be determined in accordance with Article 16(3) and Article 21 of Directive 2004/38/EC.
Article 16(3) of Directive 2004/38/EC
- 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.
Edit - of course this text completely ignores France resident UK nationals who work in the UK on a Frontier basis - clearly they will spend significant time outside of France if they are full time workers…
I think we are debating different points here!
That the residency protections enshrined within the WA CdS is not in doubt. Valid for the 5 years dated and automatically renewable with 10 yr CdS when the expiry date is reached, assuming all the original residency qualifications are still met.
WA CdS under Article 50 were issued to cover the rights of British people resident in France from 2021, to formalise their legal right to live here. (It was not envisaged that some might apply for these residency cards without being actual residents. )
So far, so good.
What I think you are saying is that a WA 5 yr CdS once in hand, enables the user to be resident or not be resident, and is valid without conditions until its expiry date?
This bit I would be inclined to disagree with.
The conditions of issuance are clear - the holder of a 5yr CdS loses the rights enshrined when/if they become non-residents for 6 months or more. However, a holder of a 10yr WA CdS, whether obtained in 2021 or automatically on expiry of a previously held 5yr CdS, will have a period of 5 years to be absent from residency in France before triggering Article 23 which clearly states
“In the event of absence from French territory for a period of more than five consecutive years, the residence permit issued pursuant to Articles 21 and 22 is no longer valid.”
‘Not valid’ would mean the holder having no longer the rights or protections covered by a still valid CdS.
In practice that may not mean that waving the card at border entry will not be tolerated until the card reaches its expiry date. Renewing though, might be a challenge.
Possibly covered in Article 29 + 30 of the Decree
This is the bit I’m stewing over. If I decided to head back to Oz for work reasons with the idea of returning eventually, would just coming back for a few weeks every year or so cover the entry or would I need to stay a year? I’ve got 18 years until Aussie retirement age. If I did 4 years / 1 year split for that period, would I retain my right?. Nothing is terribly clear 
To be quite certain, it might be wise to consult a professional immigration lawyer.
However, take courage! Presumably you will (soon?) be holding a 10yr WA CdS, automatically rolled over when a 5yr WA CdS expires. That will remain valid for all the WA cover for 10 years. All you will then need to do is make sure you are not living (‘resident’) and working away from France for a period of more than 5 consecutive years.
If you think that you might be away longer than 5 years, you can ‘refresh’ by spending at least 183 consecutive days (6 months) living in France during those 5 years. You will then be tax resident in France and maintain the CdS.
Sadly, popping in for brief visits to France will not count as ‘resident’, so it would need a minimum 6 month stint.
When the 10yr WA CdS reaches its expiry date, it can be renewed. Or, perhaps by then a ‘Permanent Residency’ status will be invoked. You will also have to be resident in France during any application for WA CdS.
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My 10-year card already says Permanent Resident…
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Apparently it would. Somewhere I have a link to something authoritative about this. I’ll try to find it, but seems you can reset your clock quite easily.
Edit: Here it is:
Yes Dutch, but EU is EU. Note that it mentions an absence of 2 years. For people with WARP. Ards this was extended to 5 years.
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Wonderful find, Jane! Makes a great deal of difference.
Strangely enough, my Hong Kong PR card works this way too. Not, however, planning in testing it.
Already got the 10 year, so won’t expire until Nov 2030, if I go away for a bit will be before then for midwifery registration reasons in Oz.
If I’m in Oz and have been less than 5 years?? Probably not😕
Annoying
I may be wrong about this part
and Jane may have found a good piece of news, albeit Dutch
“….the Court ruled that it is not necessary to actually come back to reside in the EU before that period elapses: a visit of a few days is enough to maintain the status of long-term resident, and therefore the unconditional right of residence.”
Assuming the CJEU ruling also covers France. May help to have a document copy to hand.
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Thanks, I’ll have a read later.