Brexit Withdrawal Agreement Residency Card in France: What Are Your Rights?

If you were living in France prior to the 31st of December 2020, you should have applied for your WA residency card prior to October 4, 2021.

Two types of card were issued – a 10-year residency card for those who had already been living in France for more than five years prior to Brexit and a 5-year card for those who had been living in France for less than five years prior to Brexit. Both cards afford recipients the same rights, but the 5-year card will, of course, need to be renewed sooner – upon renewal, 5-year cardholders will be issued a 10-year card.

If you hold a WA residency card, it will be clearly marked on the card:

CARTE DE SEJOUR – ARTICLE 50 TUE

or

SÉJOUR PERMANENT – ARTICLE 50 TUE

(on the front of the card)

and

ARTICLE 18 (1) ACCORD DE RETRAIT DU ROYAUME-UNI DE L’UE

(on the back of the card)

 If you moved to France or applied for a carte de séjour after Brexit, you will not have been issued a WA residency card and therefore, will not be afforded the same rights (the rare exceptions to this are spouses or direct dependant family members who applied to join their family post-Brexit and children resident in France prior to Brexit who must apply for their WA residency card when they turn 18).

Reader Q: Are My Children Covered by the Withdrawal Agreement When They Turn 18?

The good news for holders of the WARP/ Carte de séjour – Article 50 TUE is that, thanks to the Withdrawal Agreement, there are several special rights afforded to you. These rights are protected by the Withdrawal Agreement, meaning that they cannot be changed or amended.

Here are some of the most important rights to be aware of:

1. The right to free card renewals – unlike other carte de sejours and residency cards, the WARP/Article 50 card is free from administration fees. This also applies to renewals. Typically, renewing a carte de séjour in France costs €200.
2. The right to work or run a business in France – WA cardholders have the right to exercise any professional activity of their choice. No work permit is required.
3. The right to social benefits from the CAF – WA cardholders have the right to benefit from family allowance benefits in a similar way to EU citizens resident in France.
4. Unconditional renewals – recipients have the right to renew their card as often as possible, as long as they remain resident in France (exceptions are made for short periods living abroad – see below). Unlike many other types of carte de séjour, renewals will not be conditional upon work, integration, language, sufficient income, etc.
5. The right to retain permanent residency if you spend time out of France – with a 10-year WARP/Article 50 card, it is possible to spend up to five consecutive years outside of France without losing your right to residency. (Note that this doesn’t apply to the 5-year card – in this instance, you mustn’t spend more than six consecutive months outside of France or 10 months total).
6. Exemption from new rules regarding residency cards. For example, the new language requirements or the requirement to sign the Contrat d’engagement à respecter les principes de la République. These changes do not apply to renewals of WA cards.

Read more about your rights under the Withdrawal Agreement here.

There are, however, several things that WARP/Article 50 card holders do not have the right to post-Brexit, including:

1. You don’t have the right to freedom of movement within the EU – while you may travel visa-free within EU and EEA countries (and the European Commission advises not to stamp the passports of permanent residents and WARP holders on entry to the Schengen Zone), you do not have the right to stay longer than 90 days in a country other than France.
2. You don’t have the right to move to or live in another EU country – similarly, your residency card only grants you the right to live and work in France. If you wish to move to another EU/EEA country, you will have to adhere to the post-Brexit immigration laws of that country.
3. You don’t have the right to vote in local, national, or EU elections – as EU citizens, Brits were once afforded the right to vote in municipal and European elections, but this right was lost after Brexit.
4. You don’t have the right to bring a new spouse/partner to France. It is possible to bring a spouse to France under the Withdrawal Agreement, providing that you can prove that your marriage, PACS, or duly attested long-term relationship existed prior to Brexit. However, this right doesn’t extend to a new partner or spouse. For more on this or the eligibility of other family members, see here.

If you have been living in France for more than five years, are fully integrated into French life and work, you might also consider applying for French citizenship, which would afford you the full rights of a French and EU citizen. Read our step-by-step guides to applying for French nationality.