Hello all. I noticed today on Connexions there is an article covering long-stay EU residency cards. Understanding EU Long-Term Residency Cards for British Citizens in France - I don’t subscribe to it to read the full article, you just need to clear the browser cache and refresh etc and you can read a full article at a time. Anyway, I noticed further down the article something concerning Withdrawal Agreement Titre de sejour:
“…It states that Britons with five year WA residency cards may apply for a ‘permanent’ (10 year) card as soon as they meet the requirements – five years’ legal residency in France – and that their ‘permanent’ rights start from this date, not when a card is issued.”
I moved here in early 2019, but only got myself in the French system on 1/7/2019 and only received my 5 year carte de sejour in July 2021 - i most likely applied upto a year before this. I was told that I can only apply for the permanent Titre de Sejour 5 years after receiving the 5 yr card - 2026. I’d like to know if i can apply now for the permanent card since, as Connexions states, I’ve been legally in France for over 5 years. I know we aren’t supposed to rush the system, but at present I think I’m only allowed to be out of France for up to 6 months a year. The issue is my folks (in the UK) are getting on a bit - both 82, and while they are still both fit and healthy there might come a point before 2026 that i need to go back over to look after them for extended periods.
I think the permanent WA card allows up to 5 years away from France in one go.
Of course, i don’t want to spend any time away from France really, but it would be great if i could fasttrack my permanent status in advance of future problems.
Can anyone shed some light on this please?
Thank you
Jon
First of all, take stuff you read in Connexion with a pinch of salt.
Secondly, at the moment there is nothing in place by the French authorities, yet, for doing what you want to do. If you tried to do it now, before the authorities open the door, then you will be wasting your time.
I suspect if you did try, the fonctionnaires at Prefecture(s) would just shrug their shoulders because they would not know how to proceed, as their is nothing in place yet.
If you apply for the EU 10 year card you loose your WA Rights.
Once you have been here legally for over 5 years you are a permanent resident no matter what your card says. So the date of arrival on your first tax return is the critical one, and after 5 years you can have 5 years outside France without loosing WA rights.
You could “try” to ask your préfecture for a 10 year WARP card, but most will ignore you. Or you could try for a 10 year EU card which is not a right, but within gift of préfecture so they can make you jump stupid hoops to get a card that is no better for you than your WARP card that you already have!
Thank you Jane, maybe I missunderstood the process then. I (wrongly) assumed that i needed to apply for the permanent Titre de Sejour (which i only call 10 year because i read that we need to update it once a decade like a driving licence) once my 5 yr CDS has completed it’s term.
So, i need to do nothing what-so-ever concerning my CDS and i’ll automatically be contacted etc by the prefecture in 2026 about the permant card? presumably they’d want a new photo etc… And in the meantime I have all the right of those who aready have a permanent Titre de Sejour?
if the above is correct, i’m amazed that there is a ‘joined-up’ process in France. Everything else seems slightly tainted with chaos .
Just to add, I tried to apply for a 10 year (WARP) card as I was a little frustrated at not already having one (I’d been resident for 1 month less than the 5 years when I got my temporary 5 year card). Needless to say, there was no system in place to upgrade it.
According to the very knowledgeable @kim , discussions are under way to establish an application process for the 10 year card. I’ll post the link when I find it.
One thing to note is that, although @JaneJones is , as far as I know, quite correct in saying that one is permanent after 5 years even without the 10 year card but the problem is how to demonstrate that if asked when the only evidence you have is your 5 year card. As for me, I’m playing safe and not pushing my luck until the 10 year card is in my hand
Thanks Angela - I was wondering that too. Say i stay in the UK for 7 months, and show my 5 yr CDS & Passport to the Gendarmes on my way back they may well not let me back in France without a fuss.
What is a WARP card by the way ? does it stand for something like ‘withdrawal agreement residence permanent’ or something along those lines? And if so, aren’t we supposed to call it a permanent card as opposed to 10 yr? Sorry to be pedantic, but it seems we need to phrase things correctly else wires get crossed.
cheers, Jon
If you check the Brexit category here on the forum, you will find lots and lots of info about these special cards which were awarded to Brits who were resident in France before Brexit …
i may well ask my friends (who already have their permanent cards) - they got theirs as I received my 5 year one back in 2021. I’m pretty sure one friend hadn’t quite been here 5 years when he got his.
thanks, i just asked ChatGPT and it said " WARP stands for “Withdrawal Agreement Residence Permit”" . it’s even faster than looking in SF help files. Incidently I used ChatGPT yesterday to complete a (returned) HMRC capital gains tax form.
I think you may have missunderstood me though Jane. I am refering to applying for the permanent WA Titre de Sejour which is often refered to the 10 year TDS (not Trump Derrangement Syndrome!) - that couldn’t lose me my withdrawal agreement rights. I’m not planning on looking at different residency cards
Hi Angela, there won’t be anyone you need to demonstrate your 5 year residency, you’ve reached permanent rights at 5 years.
The card you hold only has to be valid which your current one is.
The only time I have seen where someone needs to provide evidence of a 10 year is for some financial reason, thereby you would have extenuating circumstances for your prefecture to issue you with a 10 year card.
From the WA.
As a British citizen who was resident in France before 31 December 2020, you are eligible to acquire permanent residence if you satisfy the following conditions (Article 15 of the Withdrawal Agreement which cross-refers back to Article 16 of Directive 2004/38):
a) you must have been living in France for at least five years,
b) you were working or studying or living as a self-sufficient person in France during this five-year period, or you were the family member of an EU citizen having such a right of residence (in other words demonstrate that in those five years you have continuously met the conditions of Article 7 of Directive 20043/38), and
c) during this period, you should not have been absent from France for more than 6 months (or a single period of one year for important reasons).
Article 17 of the Withdrawal Agreement provides that the residence rights of UK nationals cannot be affected when they change status, for example between student, worker, self-employed person and economically inactive person.
The French authorities must issue a residence card when the conditions relating to permanent residence have been met (Article 18(1)(a) of the Withdrawal Agreement applies).
The gendarmes are not interested in whether you have been here 5 years or 5 months, only that you are entering with a valid card.
The ministry of the interior called it a WARP, withdrawal agreement residence permit as it was easier. It’s actual legal name is the Article 50 TUE CdS.
Thanks, It was actually me who posed the question(s). I tried to read through the long text you posted… but in simple terms, do we actually get the Titre de Sejour 10yr one? my 5 yr one has an expiry date in may 2026. I assume at some point before that I’ll need to go through some kind of application process, but others on here say that there isn’t a process in place. so what happens if the card is passed it’s expiry date. Also, how did my friends get their 10 year/ permanent cards in 2021?
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