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Everything you always wanted to know about the carte de résident longue durée (but were afraid to ask)

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As you know, under the ordonnance that defines our future rights if there’s a no deal Brexit, all those who’ve lived in France for 5 years or more will apply for a carte de résidence longue durée. Over the last couple of weeks there has been a lot of half truth, untruth and misunderstanding flying around about this status and the card that goes with it. In this article I want to set the facts straight, so everyone knows where they’ll stand in a worst case scenario. (Clue: it really ain’t too shabby).





1. What is long term residence status?

In 2003, the EU published a Directive providing that the status of long-term resident should be awarded to a third country national after they have lived legally in an EU State for an uninterrupted period of five years. The aim of the Directive was to ‘facilitate integration and promote social and economic cohesion’ by giving non-EU nationals who have lived legally in an EU State for a certain period of time a set of uniform rights, almost identical …

What rights for the British in France if there's no deal? Part 5: health care

As we expected, the ordonnance covers the situation of those whose health care is covered by an S1. It is good news, and means that if you’re one of them you can rest assured that your health care will continue without a break. The Article covering health care tells us that

1.  If you are covered under the S1 scheme and are legally resident in France on Brexit day, you will continue to benefit from health cover for yourself and your dependents for a period of 2 years ‘under the same conditions as a person covered under the French régime’.

2.  The period of two years may be reduced if a bilateral health care agreement is concluded with the UK that would continue a reciprocal health care system between the two countries.

3.  If at the end of the two year period there is no bilateral agreement between France and the UK, then the means of access to the health care system for S1 holders will be re-examined.

4. What the ordonnance doesn’t tell us is whether cotisations would be due (à la PU…

What rights for the British in France if there's no deal? Part 4: family members

There are three paragraphs in the ordonnance dealing with family members. Please make sure you’ve read Posts 1, 2 and 3 before you read this one as to understand this post you need to understand those first! As with the entire ordonnance, much of the information needs to be understood in the context of other legislation, so, as they say … it’s complicated!

1. A ‘family member’ is defined as follows: a direct descendant who is under the age of 21 years or is dependent on you; a direct ascendant who is dependent on you, your ‘conjoint’ (see next paragraph), an ascendant or direct descendant who is dependent on your ‘conjoint’.

2; In ‘droit commun’ - the normal régime that applies to TCNs - your conjoint can be the person you’re married to, or it can be the person you’re PACS’d with. If you’re PACS’d you’re expected to show evidence of your life together in France before your application, usually for I year. If you live together without a PACS you need to show even more proof of your lif…

What rights for the British in France if there's no deal? Part 3: residence of 5 years or more

This is the third of today’s posts looking at what the ordonnance says on residence rights. In this post we’ll focus on people with more than five years legal residence. Please make sure you’ve read Post 1 before you read this one.

This is the shortest and most straightforward post.

1. If you have been legally resident in France for 5 years or more, you will be entitled to obtain a ‘carte de résident longue durée’. This is the ONLY TCN card that is regulated by the EU and not national law - it comes under the Long Term Residence Directive. It’s like the EU carte de séjour permanent in that in order to get it for the first time you have to prove health care and sufficient resources for the previous 5 years, but once you have it, you have it and no further proofs of these are required. There are two conditions to obtaining this card: either

You already hold an EU carte de séjour permanent. In this case you won’t be required to prove resources as you’ve already done this; or
You have liv…

What rights for the British in France if there's no deal? Part 2: residence of less than 5 years

This is the second of the posts looking at what the ordonnance says on residence rights. In this post we’ll focus on people with less than five years legal residence.

Please make sure you’ve read Post 1 before you read this one.


1. There are a number of different cards and you will have to apply for the one that is appropriate for your circumstances.

2. No long stay visa, normally required for TCNs applying for an initial card, is needed.

3. Students will apply for the carte de séjour pluriannuelle marked ‘student’. The length of this will be determined by the length of their studies.

4. Salaried workers on a CDI will apply for the carte de séjour pluriannuelle marked ‘salarié’. This will be issued for 4 years.

5. Salaried workers on a CDD will apply for the carte de séjour temporaire marked ‘travailleur temporaire’. This will be issued for one year.

6. Self-employed people will apply for the carte de séjour pluriannuelle marked ‘entrepreneur/profession libérale’. This will be issued…

What rights for the British in France if there's no deal? Part 1: general provisions

On 7 February the long awaited ordonnance that will govern our rights if the UK leaves the EU without a deal was published.

We spent a manic 24 hours beavering away at the Articles in the ordonnance, cross-checking all the legislation it refers to (and there's a lot of it!) and translating into English the main provisions that affect us all: residence, and health care.

There is a lot to understand, so I’m going to break it into bits, as this is important stuff. In this post we’ll look at some general information; the next post will look at what the ordonnance says about people with less than 5 years residence; and the one after that will look at what it says about people with more than 5 years residence. Then finally in this series we'll explore the rights of family members, and lastly the ongoing health care rights of people currently covered by an S1.

So take a deep breath .... and here we go.


General provisions of the ordonnance


1. There will be a transition period of betwee…