7 minute read
Citizens’ rights after Brexit
Kathryn Dobson, member of British in Europe’s steering team and co-founder of France Rights, examines the latest developments for British nationals living in France
RESIDENCY REGISTRATION
The latest version of the online registration procedure was promised to launch in July but, at the last second, has now been delayed until October.
So what do we know about the process? At France Rights, part of British in Europe, we know that the website and process are based on the no-deal model that almost went live last year. The décret detailing the conditions determining residency now that the Withdrawal Agreement has been signed is currently with the Conseil d’Etat to approve and publish. So, for now we wait, scanning Légifrance, the legislation website, for news. It is important to remember that with all the talk around ‘no-deal’ at the moment, this is referring to ‘no trade deal’. The Withdrawal Agreements for Citizens’ Rights has been signed and is an international treaty that cannot be ignored. The information we have received so far reassures us that the process will be as straightforward as possible:
• if you applied on the no-deal portal last year, you do not need to reapply, your original application will be processed
• if you have an application pending with a préfecture, you will need to apply online unless you hear otherwise
• if you already have an EU carte de séjour permanent, you will need to apply on line but it will be a much simplified process
• all individuals aged 18 or over need to apply.
While the application will be online, it will then be sent to your local préfecture to process. Only one visit to the préfecture will be required in order to take fingerprints (it looks like this will still be needed even if you have had your prints taken before). We continue to ask for this to be waived for those who are medically unable to attend.
We are also assured that staff at préfectures will be generous in their application of the rules, and steps have been taken to reduce the variation in processing that we have seen to date (see the survey results below for details on applications processed by Nouvelle- Aquitaine départements so far). In the meantime everyone is recommended to prepare their paperwork and understand the changes that will take place at the end of the year. To help, British in Europe has published a series of easy-to-understand guides about the rights contained within the Withdrawal Agreement, plus new guides based on the recently-published Guidance Note. They are all free to read and download on the website at www.britishineurope.org.
Once the décret is issued, we will be publishing easy-to-understand Francespecific guides on www.francerights. org so sign up to our email newsletter or like our Facebook page to be kept in the loop.
FRANCE RIGHTS SURVEY
In preparation for the launch of the registration process, France Rights ran a survey to find out how British residents feel about the new process. Shared across several platforms, 2,727 people took part and the results are not just interesting, but sobering too ... almost half of all respondents feel nervous to half of all respondents feel nervous to a greater or lesser degree about the application process that lies ahead, rising to 57% for those who have no current residence card. The survey results can be read at bit.ly/lmfrsurvey.
UK Nationals Support Fund
Following lobbying by British in Europe to the Foreign Office for funds to help individuals gain residency in their EU host state, a fund was set up last year. A total of three million pounds was set aside for organisations that could ‘deliver practical support to UK nationals and their family members to help them
complete the process of registering/ applying for residency in their host EU / EFTA state in the context of EU Exit’. Sadly, the surrounding financial requirements meant that BiE as a voluntary organisation, having fought for the fund itself, could not apply. However, two organisations covering some of this region were successful in their bids.
• SSAFA, the Armed Forces charity, have been awarded a grant to assist veterans in France, Germany and Cyprus (see page 39).
• Dordogne-based Franco British Network (see page 21) have been awarded a grant for Dordogne residents.
The Institute of Migration (IOM), known for its work with refugees, received funding to support residents in Brittany, Normandy and Paris. But what about the rest of us? It appears there is no provision for vulnerable individuals outside these groups - you are recommended to ring the Embassy helpline. British in Europe has committed to monitoring the implementation of the Withdrawal Agreement and, as part of that, will be evaluating how this fund is helping those in need. The team is regularly called to give evidence to Parliament and will be doing so again on 30 June with an emphasis on France.
BRITISH IN EUROPE
UK Immigration BIll
Jeremy Morgan, QC and vice chair of British in Europe, recently succeeded in getting an amendment to the Immigration Bill, drafted by British in Europe, put forward by the SNP. The amendment requested the rights of non-UK family members to return to the UK to continue under the same terms as now (known as Surinder Singh rights). Currently, under free movement laws, they can return to the UK with us. However, as things stand, if we return with non-UK family members after 29 March 2022, they will be subjected to the stringent domestic immigration regulations in force at the time, such as the need for the UK citizen to be earning over £18,600 per annum which, for inactive or self-employed individuals, will be difficult. Not only is this moving the goalposts for families but it puts UK citizens in the EU at a significant disadvantage compared to EU citizens in the UK who maintain their free movement rights to return to their country of origin with family members. The amendment was rejected by the Tory minister who appeared to misunderstand the basic premise but the SNP committed to amend and re-submit.
Advocacy by Zoom - representatives from British in Europe and ‘the3million’ lobbying to ensure that David McAllister, chair of the influential UK Coordination Group, supports an important amendment to the European Parliament resolution
European Parliament Resolution
The BiE advocacy team spent some weeks lobbying hard behind the scenes for amendments to be made to the crucial European Parliament resolution dealing with the EU’s current negotiations with the UK. Reflecting the increasingly fraught state of relations between the UK and EU, initial drafts of the resolution had left out any mention of UK citizens and only focused on problems with Britain’s treatment of EU citizens. Working closely with ‘the3million’, BiE pressed for reference to be made to UK citizens and ensured that the amendment was supported by four key committees including that chaired by David McAllister. The final resolution ‘urges the Member States to fully respect and protect the rights of UK citizens living in the EU under the Withdrawal Agreement and to give them all the information they need and legal certainty about their situation and rights, including whether they are implementing a constitutive or a declaratory residence scheme’. It was adopted with 572 votes for, 34 votes against and 91 abstentions.
Given that most British citizens are not EU citizens any longer and we have no MEPs, this ability to influence at the highest levels of government is a testament to the strong relationships built over the past 4 years and the partnership with ‘the3million’.
Help British in Europe reach their fighting fund target of 100,000€ so they can continue to represent you. Donate today at bit.ly/BIEGFM .
WHERE TO FIND RELIABLE INFORMATION
The French Government site is at brexit.gouv.fr. The UK Government continues to update its ‘Living in’ guide (gov.uk/living-in-france). Several groups on social media offer help but do check their legal expertise. Immigration law is a complex subject and advice can only be given by lawyers who carry professional liability insurance. Therefore, we recommend you get your information from expert sources such as British in Europe groups before referring to a lawyer, should you need individual advice. This is not the time to rely on enthusiastic amateurs. For quality, independent information focused on France, see France Rights at www.francerights.org or visit the Facebook page at FranceRights where the latest news will be shared.
