CdS being obtained by non-resident second home owners

I think Survive France has scooped them all going by the comments on this thread :wink::joy:

It’s annoying that some people haven’t stuck to the rules, and hopefully they’ll be found out not least as it could reflect poorly on the rest of us, but goodness me everyone here must have lived exemplary lives. I consider myself someone with good morals who thinks it’s important to do the right thing but still, as they say, ‘let he who is without sin…’ and all that.

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Our insurance lady asked for copies of our CdS.

Might well be so nowadays… in the past, it was sufficient to just tell 'em.

Whatever, being incorrectly insured can have consequences.

The single sign-on option for Amelie, Impots and DG Finances makes me think that ".gouv.fr” is far more joined up than many believe.

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Stella raises an interesting point regarding insurance for properties that are holiday homes. Client’s of ours used their home insurance certificate from 10 years ago as proof of residency when they made their CdS application. Whoever processed their application wouldn’t have a clue whether the property was a holiday home or not based on the insurance certificate and is likely just to have ‘rubber stamped’ the application and voila our clients have permanent residency cards, in addition their daughter was able to ‘piggy back’ off her parents residency rights and has a 5 year card.

I’m sure our resident insurance expert will be able to confirm whether the change in home occupancy length affects not only the type of insurance available but also the cost and I guess it’s therefore possible any home insurance claim could be challenged on the basis that the true residency status was not disclosed.

One important difference re Insurance…

The first time I was involved in a house-fire (totally destroyed)… it was for a Principal Residence and the Insurance paid firstly for rental of a gite for immediate occupation … and then for a mobile home put on-site for the folk to live in while their house was being rebuilt.

I can’t see that happening for a maison secondaire…

I’m just advising folk to make sure they’ve updated their information… as and when necessary.

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Grrrrrrr! If they are on a 5 year card then they are not sticking to the rules, they need to be here for 183 days / year for the first 5 years so may well find they are kicked out once that runs out. I get really mad at the people who are playing the system. It’s fraud.

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Not WA 5 year Titre de Séjour cards but the full 10 year Carte de Séjour “permanent resident” cards.

Not even the the “visiteur” model. The applications were made using a paid middle-woman and followed very quickly by delivery of the cards last autumn. Utility records from the second home going back over 10 years was all the proof required. Apparently, quite a few second home owners took advantage of an interpreted “loophole” in the French system.

In reality France immigration was kindly fast tracking the UK longterm residents in France who would have been stranded by Brexit.

It wasn’t a “loophole” but an overestimation of English integrity.

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On the flip side, there were many permanently resident Brits who had lived ‘under the radar’ for years who were now caught out and faced with the choice of being ‘legit’ here or making the UK their full time home.

And I am hoping that the French administrative tenacity will get them in the end. Maybe not this year, but hopefully before the end of the next one. And someone will join the dots and send them a tax form to complete…. As a CdS can be cancelled, or they can decide to hand it back rather than pay the tax here.

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Shop them if it bothers you so much!

Maybe the CDS usage records at the border will be analysed and those thought to be using them fraudulently will be found

There’s a lot more to being Resident in France than simply holding the CdS.

Hopefully those who have benefitted from the generous spirit of the rules for gaining CdSWA will be complying with Residency on all counts.

We might well be seeing a few interesting articles about this over the next few years.

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Which appears to exist in the same quantities as rocking horse manure these days.

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Yes, I see. Many unscrupulous Brits did this, obviously not reading in the t and c that there is up to 3 years in prison and / or €40,000 fines for giving misleading information. I have more sympathy for those who perhaps stretched the rules but are subsequently residents, and zero for those that are taking the piss! After working helping genuine people for almost a year it still makes me cross! And if I could have a euro for every call or email from people like them I’d be quite well off! Those that contacted me were gently advised of the rules and offered other options.

There is no 10 years visiteurs CDS.

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Hi @toryroo - Happy new year! Hope you’re well. I see from various posts its been both good and bad times so sympathies also along with best wishes?

I’m after peoples thoughts on WA article 15 para 2. 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 said directive allows that - 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 twelve 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.

Now Madame, ‘inactive’, is currently here in UK looking after her mum who has a debilitating medical condition. Would it be pushing it to claim a year exemption as an ‘important reason’ or even ‘one absence for serious illness’ -and who or where or how might one request or declare this?

I haven’t seen any mechanism whereby one gets to ‘5 years’ and then the sword of damocles swoops and one is parted from ones CDS - or a mechanism whereby one could pre-emptivly / declare / request an exemption for ‘such an important reason’. The prefecture?

Any thoughts?

Seems to me the whole aspect of the thread (apart from the morality) is 'Will there be compliance checks against Article 16-3 of reg 2004/38/EC when the 5 year time comes…? - the day of judgement :slight_smile:

What the hell are you on about?

Absolutely, and even if it doesn’t bother you at all. These people undermine the integrity of is all.

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The only caveat is be damn sure you are right, because without knowing the true circumstances ,as oppossed to the hearsay, you are going to end up with egg on your face.

It’s a mixture of anger and frustration that some Brits are willing to effectively break the law so they can continue to come and go as before. As for ‘the day of judgement’ who knows but I suspect that will only happen if some ‘cross-checking’ occurs between the various government departments.

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