What’s going on in the background? The embassy says it’s ok but to be honest, I’m concerned?
Where did you read that?
Can’t say I’m hugely concerned, still leaves 9 months.
I havent’ heard, have they put back the opening date again?
It’a apparently coming from France Rights: British in Europe - France
IMO hardly surprising given the UK’s stance on disrespecting International Law and the WA.
This is what the embassy are saying in Paris
But less time for anyone to be able to lodge a complaint, if needed, following a refusal for a CdS before the 31/12/20 deadline. Hopefully that isn’t an issue for anyone who is here before Jan 1st, but it’s worrying nonetheless. I really, really want to just have the reassurance that I’m not going to be forced to return to the UK.
I can’t see FB at all (dh has blocked them).
just for you…
The deadline for application for a Withdrawal Agreement CdS is 30th June 2021.
Yes, I know. But there are differences, in terms of recourse of action available, for applications submitted before or after 01/01/21 as explained, here:
If you apply for your new residence status and your application is refused before the end of the transition period, you can reapply within the grace period (ie up until June 30th 2021). If you need to make certain changes to your situation in order to meet the conditions for residence, you would need to do this before the end of the transition period as it is your circumstances at that point which would be assessed when you reapply.
If you apply for your new residence status and your application is refused after the end of the transition period, you can no longer reapply as in the previous bullet point, but you have the right to appeal either administratively to the Préfet, or legally to the judicial court.
You said “less time to lodge a complaint” which I take as appealing against a decision. Which is possible after 31/12/21.
The conditions are pretty clear, so to me it would be a bit daft to apply if you really don’t meet them? And once you have been here legally 5 years it’s pretty difficult not to meet conditions anyway as no financial threshold. Maybe it will be an issue for those who think they can turn up in December and claim WA rights despite no solid income, or those who have been living under the radar for years so can’t prove themselves - but I have little sympathy in those cases.
Perhaps if you are Rom, Albanian or Maghrébin then a bit more worrying, but I don’t see that France is going to be rushing through forced expulsions. And even if some are given OQTF notices these can be appealed with their own procedures.
To be entitled to residence you must prove you have sufficient resources. This interesting case holds that a Union citizen fulfils the requirement of having sufficient resources even if those resources come from unlawful employment . Good news for all those living under the radar & working on the black
I’m not so sure it’s that easy when considering the case in question…
The case refers to:
- insufficient resources
- unlawful employment
- Union Citizenship
The question is whether the decision is impacted by the UK having left the EU and the applicant in such a future case being a third country national, not a Union Citizen
In this case the man was only working illegally in so far as he had no work permit. The article makes clear that taxes were paid. France has stringent labour laws and working illegally, as in for cash, without proper legal structure, with irregular qualifications, etc is a reason for a residence card to be removed (if you have one) or denied. Indeed as is employing someone who is working for cash.
Yes, I misunderstood initially and you’re correct that anyone can contest a refusal regardless of when it was submitted. Happy to admit I was wrong, and it’s only if you need to resubmit an application following a refusal that the date of the submission is relevant, i.e. if it is after the WA has ended then you’re unable to resubmit an application - but you’re right that you’re still able to contest the decision so I stand corrected.
My circumstances are slightly unusual and it’s not something I’m keen to disclose in public other than to say URSSAF, whilst aware that I’ve been here several months, are unable to collect my taxes due to various issues on their end. This puts me in a precarious position, and I’m concerned that this is going to cause a problem for the CdS. As such, I’d rather have as long a window as possible to resolve any potential problems. This is the 3rd time I’ve relocated to France so am aware how long things can to take get resolved when you slip through the cracks of their system regardless of nationality or race.
If Brits have been working on the black while living under the radar then it’s been as EU citizens or de facto EU citizens until 31st December 2021.
There has been no need for an EU citizen to have a residence card for over 15 years.
This case means that at the very least the spouse & children of someone living under the radar & working on the black can’t be kicked out on the grounds that they didn’t have sufficient resources.
If certain resources have been used to support an individual over a period of time such that s/he has not been an unreasonable burden on the social assistance system of the member state, it would be inappropriate to later decide that those resources are in fact inadequate.
I agree but would hope that they would be asked to fill in their back dated tax declarations and be prepared for a nice fat tax bill at the least.
@PeterJ is spot on the money IMO.
Be careful what you wish for as the fisc will wish to drain you dry for as long as they can go back for.
I still remain unconvinced about using the case as a valid argument; wasn’t there a time when numerous builders working on the black in (IIRC) the Dordogne were herded up and deported, their assets confiscated and the people for whom the work was done fined in respect of the illegality?
I don’t recall any challenges in the French courts (remembering that the referenced case was in NI)
I doubt I would want to rely on such a foundation in the event I was implicated in this way…
The man was Albanian… it was 2 of the minor children that are EU citizens.