French rules on holding both Brexit and EU residency cards explained
Britons cannot hold both Brexit and EU long-term residency cards
People are not allowed to hold both a Brexit Withdrawal Agreement card and a carte de résident de longue-durée
Media_Photos / Shutterstock
French rules do not allow a person to hold at the same time a Brexit Withdrawal Agreement card and another residency card such as a carte de résident de longue-durée (EU long-term resident’s card) – UE the Interior Ministry has told The Connexion.
This does not rule out these Britons applying for the latter, but conditions are attached.
Several readers have raised the issue since the European Commission delivered guidance on ‘multiple statuses’ last year saying nothing prevents Britons with WA rights from also having .
WA cards confer broad rights to live and work in the host country and similar social protections to citizens, however an EU long-term card, notably, is proof of a status with EU-wide recognition which can make it easier to move to many other EU countries including Spain, Germany, Belgium and Italy.
Read more: Official site updated for how to renew post-Brexit French residency cards
Exact benefits can vary country by country, but the holder may, notably, move without first obtaining a long-stay visa. They do still have to apply for a residency card in the country, : “If you hold an EU long-term residence permit issued by another EU member state, a residence permit will be issued to you in Germany allowing you to work, study or undergo training.â€
The long-term resident status is detailed in an EU directive and may be acquired by a non-EU citizen who has lived legally and without long absences in an EU country for at least five years. The rights conferred are only lost after six years away from France (compared to five for a permanent stay WA card).
We have heard reports of WA cardholders being refused these cards at certain prefectures.
A spokeswoman for the DGEF, the ministry section dealing with foreign people’s residency, said: “France only issues one residency card at a time. A British national who wishes to receive an EU long-term residency card will be able to apply for one and obtain one if they fulfil the conditions.
“Having said that, when the card is issued, they should hand in their WA card.
Read more: French residency permits: Must they be handed back when leaving?
“They will not, in doing so, lose the benefits of the WA. At any time when they no longer wish to hold a long-term resident’s card, they can apply for a WA card, which will be issued to them.â€
If considering doing this, you will need to weigh up pros and cons (read more about WA rights at the link above and brexit.gouv.fr and ).
A WA card allows, for example, for obtaining a UK S1 when you become a UK state pensioner, allows for ‘EU pension coordination’ benefits if you have both UK and French/EU pensions and easier access to certain French benefits such as Aspa pension top-up (WA cards are also free, whereas long-term EU cards cost €225 (and again in 10 years’ time, on renewal)).
You could argue you still retain your rights under the WA by showing a photocopy of the old card () but this may be less secure and convenient than having a current, valid card to show. We would also not advise changing if you are still on a five-year WA and waiting to obtain a full ‘permanent stay’ card.