There is no mechanism in the Withdrawal Agreement for cards to be cancelled. But there is other legislation about legal residency independent of the WA. So I don’t think the OP qualifies as a legal resident.
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I agree that they are not currently residing regularly in France (ie in accordance with the regulations). They are not entitled to healthcare or any of the the other benefits reserved for residents. My point is simply that France cannot take away protections given under the WA. So their CdS is still valid at the border and I suppose that if they wish to return to France in 2025, get a job and resume legal residence as a WA beneficiary, they have that right. But when their WA card expires, so will the rights that go with the card, so they will have to either apply for a different type of card or leave the country. Unless France decides to be generous.
The WA sets out conditions for holding a 5 year card. If one breaches those conditions the country is not taking away protections, the person involves is doing so.
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Well I would have to reread the WA which I am not going to do. Perhaps I have misremembered. But I am pretty sure the WA states that the rights of newly arrived residents are protected for 5 years to give them an opportunity to qualify for permanent residence. It is left up to the individual whether they make full use of that opportunity or not, but either way their rights are protected for 5 years.They earned that 5 years protection by being legally resident before the end of transition. The conditions apply to qualifying for ongoing residence.
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Thanks all for the useful insights and information.
Just to clarify, I do not work remotely in France (this seemed to cause much confusion and seems to have specific regulations). I generally make 3 x 1 month trip per year to France, as a a visiting researcher (plus some holidays). My understanding is that my residency permit in Finland gives me unrestricted access within Schengen, so this is all above board, and I am not restricted to 90 days in 180, and I have access to emergency medical treatment in France via my Finnish permit.
When I am in France I live with my French partner in a rental house that we used to co-rent. I was formerly a co-tenant on the contrat de bail, but it is purely in his name since I left for Finland in 2022.
I guess my original questions should have been stated ‘have I invalidated my WARP by spending the majority of my time in another country for the last ~3 years?’
I conclude from the mixed responses that yes, I have likely invalidated my WARP by having primary residence in another country and have potentially also invalidated it by not declaring salary and taxes paid in said other country.
I would like to move back from Finland to France to be with my partner and start a family, within the next year (which is before expiration data on my WARP). I am looking for work in France, but my contract/permit in Finland might end or I might have a baby before that happens, hence my original questions about my right to healthcare etc…
And advice on whether I should go to CPAM now and explain the situation, or wait ~1 year until I plan to move back, and then apologise and feign ignorance?
Thanks
Have you checked on ameli to see what your current situation is according to them?
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My online account appears the same as before, I don’t have any messages or notifications. But I haven’t tried to use my carte vital or needed any medical assistance in France since I left in 2022.
I can still download my ATTESTATION DE DROITS À L’ASSURANCE MALADIE, but obviously this document reminds me to update my account details if my situation changes or I move.,…
Good idea!
Considering what Sandcastle has said makes me change my mind a bit.
‘To obtain permanent rights to residency in France you must remain legally resident for 5 years and during those first five years you cannot leave France for more than six months per year. There are some exceptions for special circumstances.
Once you have completed this period you qualify for permanent residence status. With this status there are no ongoing conditions related to resources or healthcare cover. Permanent residents retain their rights under the Withdrawal Agreement as long as they do not have a continuous absence of five years.’
So he is most likely correct in that you may not have lost the withdrawal agreement opportunity, but you have not fulfilled conditions to be a permanent resident. So the French may need you to start again until you have 5 years residence, or may not - préfectures are quite variable.
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Well it would be a case of using a different route to residence, visa or family reunion or whatever, the WA would no longer be relevant because it’s no longer possible to achieve a continuous period of 5 years that commenced before the end of transition
That’s an interesting link, relating to the Finnish residence permit. This page contains a condition that may be relevant to the OP:
“Your continuous residence is not interrupted if you spend less than 6 consecutive months outside Finland and if the total time you have been away from Finland does not exceed 10 months during the 5 years. You may be granted an exemption from these time limits for special reasons, such as studies, work outside Finland”
Did you apply for the exemption? If not, it may be worth doing retrospectively to keep your Finnish right of residence.
I do love a puzzle, and I think one can never reread the WA enough 
. So I dug it out, and I think Sandcastle is correct, the residence right which the card documents is not lost immediately following absence. The reason is that Article 13 of the WA which grants the right of residence does indeed set out the conditions, however the conditions do not include the “continuity of residence shall not be affected by temporary absences…” condition, which is Article 16(3) of Directive 2004/38/EC.
The right of permanent residence is granted by Article 15 of the WA following 5 years of continual residence. Paragraph 2 of Article 15 specifically mentions Article 16(3) of Directive 2004/38/EC.
So Jane / Sandcastle, you are both right. I think I’ll make a new thread to post my full reasoning as this question on validity of 5 year cards comes up lots of times.
PS, in my research I have found that the OP has arguably acquired the permanent right of residence already, which I’ll also post here.
Highlight the required post (or part of) and a pop up will appear. Click “quote” and post your reply.
As I have done to answer your query.
This equally applies to French carte de résident longe durée. And is often quoted as the type of judgement that would be made when applying for nationality - although nothing written in nationality legislation,
Hi, I may have some better news for you in that you may have already qualified for permanent residence under the WA.
WA Part 2 citizens rights -
Article 10
Personal scope
1 (b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the end of the transition period and continue to reside there thereafter;
Article 15
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.
Article 17 of Directive 2004/38/EC
Exemptions for persons no longer working in the host Member State and their family members
- By way of derogation from Article 16, the right of permanent residence in the host Member State shall be enjoyed before completion of a continuous period of five years of residence by:
(c) workers or self-employed persons who, after three years of continuous employment and residence in the host Member State, work in an employed or self-employed capacity in another Member State, while retaining their place of residence in the host Member State, to which they return, as a rule, each day or at least once a week.
So firstly, for the three year period 2018 - 2021 I’m not sure if unemployment will count - but maybe you had a three year contract?
Second, on the returning as a rule each day / once a week, if you returned to visit your partner the first week after starting in Finland, it could be argued that was sufficient to trigger the validity of Article 17 1(c) for you, assuming your three years is OK.
The retaining a place of residence to return to is grounded in the idea of frontier work, and the EU definition of frontier work, which is being argued about by not least the pressure group Remain In France Together (RIFT). Here’s what they say about the definition on their website (for WA negotiations) -
“The European Union (EU) definition of a cross- border worker, or frontier worker (known as a frontalier in French) specifies that the workers return to their country of residence on a nightly or weekly basis. This definition is very specific and limited when looking at real working patterns. As the definition is used for all EU member nations’ workers to assess eligibility to benefit from coordinated social security systems, it is unlikely to change in the ongoing EU/UK discussions.”
And -
“Many of our members’ working patterns do not fit into the neat outlines of the EU definition of a cross border/ frontier worker. UK nationals who return to the UK to work, but who have more periodic working patterns, should, however, still be able to maintain legal residence in France and have their healthcare funded on the basis of their contributions paid in the UK after the end of the transition period.”
In fact teachers working across borders are specifically identified as examples of cross border working not fitting the EU definition. Also all of these cross border ‘rules’ were suspended for some period by France during Covid lockdowns. Even the Article wording includes the phrase ‘as a rule’ - whatever that might mean.
Also, you can change status - Article 17
Status and changes
- The right of Union citizens and United Kingdom nationals, and their respective family members, to rely directly on this Part shall not be affected when they change status, for example between student, worker, self-employed person and economically inactive person.
So you could possibly argue you changed status from unemployed to frontier worker - residing in France, working in Finland (on a regular basis).
Whether France would actually consider actual working patterns in assessing WA rights remains to be seen - there does not seem to be a clear method to assess this other than requesting travel records.
What is interesting is that you have retained your France healthcare rights, perhaps you were assumed to be cross border working. Probably unlikely, however it is unclear how you are getting them if not France working, employed or unemployed. Asking them may well open up a can of worms! However, if you are a cross border worker, your country of residence is responsible for your social security rights, so that would be France for unemployment benefit.
In any case you were in France 2018 - 2022, so 4 years. That leaves 1 year, so if your 4 month periods overlapped you might have 6 months in any case - each annual period of residence starts on the day you ‘permanently arrived’. You can have a one year absence for “important reasons such as…” - the list does not include employment but it’s not meant to be exhaustive.
I hope the above argument may be of use to you - I’m sure everyone sympathises as you are a clear victim of Brexshit! As Karen suggests,
may be pragmatic - nobody has stated what will be required for 5 year card renewal but hopefully there will be no need to advance any arguments relating to change of status, frontier work etc.
“Resided legally in host state”. The OP hasn’t been residing legally in France as has not made tax declarations.
I’ve been residing legally in France for almost 5 years and I’ve never done a tax return 
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Because you’re fiscally resident in the UK where it’s not necessary, right?
But you’re on a TdSS aren’t you, not a WARP card?
I’m with Jane in this debate. (I think!)
A 5 year WA CdS holder is a declared tax paying resident of France. If they are away from France for 6 consecutive months at any time during the card’s 5 years validity, the France issued CdS rights are forfeit.
There does not seem to be a mechanism for holders to turn in their CdS when leaving France but that does not mean it should still be used.
A previously obtained 5 year, or 10 year WA CdS held by someone who is no longer currently an annual Fisc paying resident in France, ought not be presented at border entry. The CdS declares the holder to currently be resident in France. How can someone be just a ‘little bit resident’?