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No-deal Brexit: What France's draft law means for Brits in France

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No-deal Brexit: What France's draft law means for Brits in France
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20:47 CEST+02:00
The French government has published a draft bill on the contingency plans it intends to rush through to avoid problems for Brits living in France and chaos at the borders if Britain crashes out of the EU without a deal. It also confirms that Brits living in France are bargaining chips in negotiations.
The French government is stepping up its preparations for Brexit and has released details of a draft legislation it plans to rush through in the event that Britain leaves the EU without a deal.
Much of the bill focuses on how British nationals living in France will be impacted by a no-deal and what the government in Paris will need to do to guarantee their status on this side of the Channel.
The country's Europe minister Nathalie Loiseau said: "We must make sure that in the absence of a deal Britons living in France do not find themselves suddenly with irregular status."
Here's a closer look at what a no-deal would mean for Brits living in France and what the French government intends to do, via the passing of urgent decrees, to avoid issues after Brexit Day on March 29th.
The draft legislation, published on the Senate's website, is confirmation, if Brits in France needed it, that they are bargaining chips in the whole Brexit negotiations process.
  • The bill depends on the ongoing negotiations between London and Brussels

While the bill presented by the Minister for Europe could be crucial, it acknowledges that the most important Brexit matter right now is the ongoing talks between the UK and the EU and their outcome.

At this moment "it's not possible to anticipate" what that outcome will be, but the bill stresses that the negotiations between London and Brussels for an agreement take precedent over the French government's contingency plans for a no-deal.

  • Guarantees depend on what Britain does

The French government states clearly on a number of occasions that all the guarantees for the rights of Britons in France mentioned in the bill depend on the UK adopting reciprocal measures first.

The UK government has already guaranteed the rights of EU citizens in the UK even if there's no deal but nothing is written down in law. Given that British politics seems fairly unstable right now with the possibility of elections or leadership challenges to Theresa May looming large all those guarantees given by the British PM could soon stand for nothing.

Until the rights of French nationals are guaranteed in law in the UK then France could in theory scrap its own contingency plan to guarantee the rights of Britons here.

  • Brits could be given better treatment than other third country nationals (if the French are)

This should be good news for Brits living in France.

The text reads that decrees could be taken that provide measures which grant British citizens in France "more favourable treatment" than people from other third countries (in other words non-EU member states).

BUT that would only happen if the British also give French nationals in the UK the equivalent status.

READ ALSO: Preparing for a no-deal Brexit - The personal matters you need to take care of

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  • Residency permits will be needed or you'll be 'irregular'

The draft bill states that: "In the event of withdrawal from the United Kingdom without an agreement, British nationals who enjoy the right of free movement and free establishment throughout the European Union, as well as members of their family, will become third country nationals and will therefore in principle be subject to common law, that is to say to the requirement to present a visa to enter French territory and to have a residency permit to justify staying here."

France's Europe Minister Nathalie Loiseau has stated the government's intention to pass a decree to guarantee Brits already in France can stay in the event of a no-deal.

"We must make sure that in the absence of a deal on March 30th, 2019, Britons living in France do not find themselves suddenly with irregular (immigration) status," said Loiseau.

Britons in France have been encouraged by France's Interior Ministry to apply their Carte de Séjour residency permit as soon as possible even if there is a deal and the draft bill states clearly that "in the case of an exit without agreement, the British wishing to enter France to stay for more than three months would be subject to this requirement."

If Britain leaves without a deal then British nationals and their families who didn't have the residency permits would have an 'irregular' status, the draft bill states.

If there is a deal Brits in France who have successfully applied for a Carte de Sejour will likely be able to swap it for whatever kind of residency permit that is brought in post-Brexit. 

READ ALSO: Key questions answered about Carte de Séjour residency permits

  • Work permits 

The French government estimates some 52 percent of the 150 Brits living in France are employed so decrees would need to be taken to allow them to continue in their jobs.

That's because the draft legislation states that "in the event of withdrawal without agreement, British nationals with employment contracts under French law with an employer in France may be required to obtain a permit equivalent to a work permit in France, as provided for in the regulations on the employment of foreigners in the Code of Employment."

The text continues: "Without the possession of such a document, the employer could be held criminally liable for the employment of foreigners."

  • Those in certain professions would be particularly affected

The text states that a no-deal Brexit could mean that those exercising certain professions such as doctors or pharmacists may have problems due to the law that states those exercising these professions must be from an EU member state, here France would need to pass a decree to allow them to continue.

  • British nationals working for French public service

A decree would need to be passed to allow any British nationals working as civil servants in France to continue their roles due to a law that states those employed in the French civil service must have French nationality or that of another EU member state.

There are an estimated 5,000 Britons working for the French state, many employed in education. 

  • Health and benefits

Legislation would be needed to allow Brits to access benefits, says the draft legislation which estimates that 3,000 Brits claim basic job seekers allowance in France known as RSA.

"In the event of withdrawal from the United Kingdom without agreement...the coordination of social security systems will no longer apply."

That means: 

"The withdrawal will therefore have consequences for the opening and determination of the social rights of British nationals and their dependents, as well as for the determination of their eligibility for social minimum."

The text says that legislative changes will be needed and may "also provide for the contribution of British nationals and their dependents to certain benefits, the assumption of which will no longer be the subject of financial compensation by British social schemes."

The impact of a no-deal Brexit would be that the "the United Kingdom will no longer be obliged to compensate France for the health care expenses of British residents who receive a retirement pension paid in France by a British scheme."

  • More measures will be taken

There's probably more to come because the draft legislation states that the French government "is also empowered to take any other measure necessary to deal with the situation of British nationals residing in France."




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Leon - 18 Oct 2018 17:07
The health benefits and pensions are the main cause of concern for us retirees.
Quote.`The UK Will no longer be obliged to compensate France for our health care`. I would suggest that legally they are.
We have all paid our contributions in full during our working lives in Britain and to refuse to pay even the 70% they do at the moment would be robbery by any other name.
Are Theresa May and her government that thick they don't understand that 100s of 1000s of us would have to return and claim our full benefit rights, across the board? Therefore costing the UK tax payer far more than if we stayed out of the country.
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