I’m sure that as it is talking about a CdS(UE) issued in France. I cannot see any European country issuing a card to somebody who has not met their residency criteria.
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I think David has the right answer…
Many Brits already hold a CdS issued here in France… and can simply exchange it without formalities… any extra documents to be provided (that sort of thing…).
I’m not sure your insertion of the extra words is correct. Each country can have its own conditions for residency, so I don’t believe that I can swan off to Germany with my carte de séjour and demand to stay. I think somewhere in the small print it says that they give you the right to visit other Schengen countries for 30 days which tends to suggest that they are country specific.
It was certainly not part of the application process to get my CdS!
I agree. Each Member State will have it’s own criteria and whilst they are mutually exclusive, there may be commonality throughout the States but not to the extent that a permit in one confers a similar right in another (without it being specifically denoted as such).
This also prompts me to comment about the CdS. There were those who poo-pooed the idea of applying for one and actively discouraged others from doing so. I think the approach now being taken by France (hopefully coming in to play in July) as mentioned by Christopher shows just how important it was (will be) to have applied in a timely fashion to ease the passage through to the WA version. Sometimes, you just have to go along with your keen sense of appreciation of the issues at stake.
@captainendeavour I think you might find you’re being over-generous with your interpretation there. The French authorities tend to take a fairly precise view of what constitutes residency for the purposes of issuing residence permits, and the notion of permanence (the fact that there are so many types is probably an indication of the bureaucracy involved). Each member state exercises its own specific sovereign authority in regard to the detail of how this is applied, notwithstanding the general framework provided for within the TFEU. Even if you had some kind of permanent residency established in another EU state, which is not the UK, then that would not necessarily equate you to being a holder of a French issued Carte de Séjour permanent UE.
Indeed, reading the page indicated below:
it clearly states that the notion of permanent residence permit applies to the country in which you qualify for such a status: " qui confirme que vous avez le droit de vivre dans votre pays de résidence actuelle de façon permanente, sans autre condition ."
It further also mentions that the status of permanent resident is potentially lost if you have been outside of the country in which you obtained that permanent resident status for more than 2 years.
The same page under “Are you affected by Brexit” talks about your “pays d’accueil” (host nation). The implication here is that “pays d’accueil” is not the nation of your passport or nationality, but the state in which you have already obtained some form of rights (e.g. because you are working there, or have lived there sufficiently long enough to qualify as a resident).
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Having written all that, it seems that the French have of course also covered (quelle surprise) the case of a third nation state national, i.e. non-EU, having acquired an EU permanent resident status in another EU country:
https://www.service-public.fr/particuliers/vosdroits/F1375
What this says is that you may enter France, on the basis of that permanent resident status, without having to apply for a long-stay visa exceeding 3 months validity, but that you must nonetheless apply for a resident’s permit within those 3 months of arrival. The resource conditions are also laid out, as well as the types of resident permit you can apply for.
For the sake of completeness, see also :
https://www.service-public.fr/particuliers/vosdroits/F1453
which indicates that at least as someone holding a French permanent UE residency card, you can go and settle in another EU country.
Timing will be everything, I fear.