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BREXIT

The ‘Brexit election’: Why Britons in Europe should register for a proxy rather than postal vote

With a UK to hold the "most important election in a generation" on December 12th, Brits in the EU are being urged to register to vote. Here are your options for voting from overseas.

The 'Brexit election': Why Britons in Europe should register for a proxy rather than postal vote
Is Britain heading for a new election? Photo: AFP

The UK is just weeks away from another general election and this one might matter more than most to Britons living abroad, especially those in the EU.

The general view is that the future rights of Britons living in the EU – and indeed their futures in general – will depend on who wins the next general election.

That's because the outcome of Brexit is still undecided.

While PM Boris Johnson wants a big majority to get his Brexit deal through parliament, opposition parties like Labour and the Liberal Democrats favour a second referendum or even cancelling Brexit altogether.

So Britons living in the EU are being urged to make sure they are registered to vote, at least those who are eligible.

Tens of thousand of Brits will be denied a vote because they have lived outside the UK for over 15 years.

But many more are simply not registered to vote.

Although there an estimated 5.5 million Brits living abroad in December 2013 – including 1.2 million in the EU – there were only 26,000 registered to vote.

After a campaign by the Electoral Commission that figure had increased to 264,000 by 2016.

So what do I need to do?

The first step to voting in any election in the UK is to make sure you are on the electoral roll or register. You can normally register to vote up to 12 days before a general election, after which the register closes.

You can do that online by visiting https://www.gov.uk/register-to-vote

You'll need certain information like your National Insurance number and your previous address as well as your passport number. But the process only takes a few minutes.

Note you will also be expected to say when you left the UK, which is important given the 15 year rule around voting. While you might be tempted to shift the dates to be able to vote, you are warned that the information you give must be truthful.

One thing to note is that you will be registered in the constituency where you last voted (or were last registered) rather than for example your home town.

Overseas voters need to re-register on the electoral roll every year so many voters end up falling off it in between elections without realising, even though reminders are meant to be sent out.

You can contact your local electoral office to find out your status.

Proxy versus postal?

When you register as an overseas voter you will be asked whether you want to vote by proxy (in other words get someone you trust to vote for you) or by post. You can also vote in person by returning to the UK although that's unlikely to be possible for most people.

The question of proxy or post is increasingly important, as current conversations on online forums will attest.

There have been numerous problems around postal voting in recent elections not least May's European elections when scores of Brits in the EU saw their votes go uncounted.

British resident living in the EU have been warned by local councils that proxy voting would be more reliable.

“If a snap election is called, the timetable for this election will be shorter than usual. Therefore there is a risk that overseas voters will not receive their postal ballot packs with enough time to return them to us by the close of poll,” read the text of a letter sent to one British voter in France from a London council.

“We wanted to make you aware of the risks and therefore encourage you to consider arranging a proxy vote instead.”

As a result, and due to the previous unreliability of postal voting, many Britons have concluded that it's better to register for proxy vote.

What you need to be aware of for a proxy vote is that it will be cast in the last constituency you lived in, so you will need to know someone living in that constituency who is registered to vote and who is willing to cast your ballot at the correct polling station. They will be sent a card telling them where exactly they need to go.

You'll need to also make sure your proxy voter is not casting ballots for others either as one voter is only entitled to cast ballots for TWO other people.

Note that local political parties offer to organise proxy voters for you if you are struggling to find one.

Proxy vote by post

Note that if your proxy cannot get to your voting station then they can also send in the ballot by post for you, although then you are relying on the post once again.

“If your proxy cannot get to the polling station, they can apply to vote for you by post. They can apply to do this by 5pm, 11 working days before the poll. They can contact the electoral registration office for more details and to request a further application form,” reads the information from the government.

It's basically a two step process and the advice is to get in touch with your Electoral Registration Office who can help you sort this out.

To apply for a proxy vote you need to download and send in this form to your former local electoral office by either email or post.

The application must arrive six working days before the poll.

If you are registered to vote and still prefer to apply for a postal vote then you can print and fill out this form and send it to your electoral registration office. To find out more visit www.yourvotematters.co.uk

Note that your application to register for a postal vote must arrive at the electoral office 12 days before the vote and your actual ballot must arrive by polling day, which unfortunately has not always been the case.

If you have any further questions or points to make about voting from overseas please contact us at [email protected]

Member comments

  1. “Tens of thousand of Brits will be denied a vote because they have lived outside the UK for over 15 years.”
    So where’s this so called democracy the readers of the British guttersnipe press are always screaming about?

  2. Ridiculous that we, the most affected, have no vote. We have, legally, lived and worked in France (twice), Spain and Belgium (three times) and have been resident, since 1999, in France. We have long-term cartes de séjours, but still risk losing our freedom of movement within the EU.
    No idea where the two previous, illiterate, comments are coming from

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For members

MOVING TO FRANCE

The post-Brexit guide for Brits who want to move to France (and stay here)

Is it harder since Brexit? Yes. Is it impossible? Certainly not. Here's everything you need to know about navigating the French immigration system and moving to France as a UK national.

The post-Brexit guide for Brits who want to move to France (and stay here)

Moving to France as the citizen of an EU country is a considerably more straightforward experience – and that’s still the case for those Brits lucky enough to have dual nationality with an EU country such as Ireland.

For the rest, since Brexit they enter an unfamiliar world of immigration offices, visas and cartes de séjour – but this is only the same system that non-EU nationals like Americans, Canadians and Australians have always faced and plenty of them manage to move to France each year.

It’s just a question of knowing how to navigate the system:

NB – this article is for people making the move permanently to France from 2021 onwards, for second-home owners who want to spend time in France but keep their main residence in the UK – click HERE

Visas 

Brits are covered by the 90-day rule so if you want to make short visits to France you can do so without any extra paperwork (until 2023, that is), but if you want to come here to live, you will need a visa.

The only groups exempt from visa requirements are people who have dual nationality with an EU country (eg Ireland) or people who are coming as a spouse or family member of a UK national who is already living here and is covered by the Brexit Withdrawal Agreement – click here for full details.

It’s important to note that your visa has to be sorted before you leave the UK, so there’s no point coming over here as a tourist and then hoping to figure it out from France.

Almost all visas charge processing fees and you need to be prepared to create a big bundle of supporting documents, but the first thing to do is work out the type of visa that you need.

Here’s an overview of the most common types:

Spouse Visa

Contrary to popular belief, being married to a French person doesn’t exempt you from the visa process, but does make things a little easier if you decide to go for a spouse visa – you’ll be able to get a 12-month visa and you’ll have to register at the Immigration Office (OFFI) within three months of arrival. This will count as your residence card (more info on how to get residency later).

The good news is that the application is free but you’ll need a heap of documents including application forms, proof of marriage, proof of your spouse’s nationality, and a residence form. More info here.

Work Visa

If you intend to work in France then you have two options; get a work visa as a salaried employee or get an entrepreneur visa if you intend to set up your own business or work self-employed as a freelancer or contractor.

Employee visa – The toughest part of the employee visa is that you need to find a job first, rather than coming to France and then job-hunting. 

Once you find a job, you then need to have your work contract approved by the authorities at the French Labour Ministry (then again at the OFFI offices) and depending on the sector you work in your employer may have to apply for a work permit and justify why they’re hiring you and not a European.

If you’re bringing family on this visa, get the employer to start a file for them at the same time. You’ll need to fill in application forms, residence forms, and you’ll need to pay a processing fee.  

Entrepreneur – this applies for people who want to set up their own business (eg run a gîte or B&B) or work in an self-employed capacity including as a freelancer or contractor. 

The entrepreneur visa has different requirements, including a detailed business plan and proof of financial means – essentially you need to be able to demonstrate that you can support yourself even if your business idea or freelance career never takes off.

Here 2021 arrival Joseph Keen takes us through the entrepreneur visa: ‘Not too complicated but quite expensive’ – what it’s like getting a French work visa

Visitor Visa

This is for those who want to live in France but don’t have a job, a French spouse, or plans to study – it’s most commonly used by retired people and it brings with it the requirement to have a certain level of assets.

READ ALSO How much money do I need to get a French visa?

You’ll need: filled-in questionnaires and application forms, an undertaking not to work in France (not even working remotely for an employer back in the UK or setting up a gîte or B&B business in France), proof that you can support yourself in France, proof of financial means, proof of medical insurance, proof of accommodation in France, among other things. More info here

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Student visa

The good news is that the fee is around half that of the other long stay visas, at €50, and is usually shorter to process, but the bad news is that it’s no walk in the park.

You’ll need a series of documents from Campus France, financial guarantees and proof of enrolment at a French establishment of higher education. More info here

Au Pair visa

If you’re between the ages of 17 and 30, don’t mind a few household chores and quite like children, then this year-long visa could be right up your alley.

You’ll need all the usual forms, but also an “au pair contract” approved by the French ministry of labour, an invitation from your host family, and you’ll have to sign up to language courses for while you’re here. Read more about becoming an au pair here, and find out more on the visa info here

Talent Passport

If you qualify for it, there’s also the ‘talent passport’ which is really the best type of visa because it lasts for four years before you need to renew and you can bring family members on it. 

It offers a four-year work visa to people who can demonstrate certain business, creative or academic skills, or who have a provable reputation in their field – for example, scientific, literary, artistic, intellectual, educational, or sporting. The categories were recently expanded and cover quite a wide variety of fields. More info here.

Besides these options, there is always a scientist visa, an internship visa, and a diplomatic visa.

Next steps

Once you have decided which visa you need, you apply online, submitting all the required documents and a fee (usually around €80-€100). You will then need to make an in-person visit to the French consulate in London.

EXPLAINED: How to get a French visa 

Processing times for visas vary, but you should allow at least six weeks.

What else?

Once you have secured your visa you’re more or less ready to travel, but there are some other things to check.

Health insurance – some visa types, especially those for people who will not be working, require proof of health insurance and depending on the type of visa the GHIC or EHIC card is not always accepted.

If this is the case you will need to buy a private health insurance (not travel insurance) policy that covers the entire duration of your visa. Depending on your age and state of health these policies can be expensive, so you should factor this in to your financial calculations.

If you are a UK pensioner or student you might be entitled to an S1 form from the NHS – S1 is accepted as proof of health insurance for visa purposes.

Once you have been living in France for three months, you’re entitled to register in the public health system and get a carte vitale, but the process of getting the card can be quite lengthy, so it’s a good idea to have health cover for these early months even if it’s not a requirement of your visa.

Bear in mind the GHIC/EHIC doesn’t cover all types of medical expenses.

Driving licence – if you intend to drive in France then you can use your UK/NI licence with no requirement for an international driver’s permit.

The good news here is that the post-Brexit deal on driving licences also covers new arrivals, and means that after a certain period you can swap your UK licence for a French one without having to take the French driving test – full details here.

If you are bringing your UK-registered car with you, you will have to change its registration to French – here’s how.

Bank account – for everyday life in France you will likely need a French bank account, but many French banks require proof of an address, while landlords often won’t rent to you without a French bank account, creating something of a Catch 22. 

READ ALSO Everything you need to know about opening a French bank account

If you still have financial activity in the UK such as a rental property or a UK pension you will likely need a UK bank account too, but keeping UK accounts while resident in France is becoming more difficult. We spoke to a financial expert to get some tips

Taxes – this hasn’t changed since Brexit, but it’s something that often catches people out – if you live in France you need to file an annual tax declaration, even if you have no income in France (eg you are living on a pension from the UK). More details here.

If you still have financial activity in the UK – such as a property rental – you will usually also need to file a tax return in the UK, but while you have all the fun of doing two tax declarations every year, a dual-taxation agreement between France and the UK means you won’t have to pay tax twice on the same income. 

And how to stay in France

But once you’re in France, you might want to stay here. Think that getting your visa represents the end of your French paperwork? Dream on!

Depending on the type of visa you have you may be required to visit OFII (Office Français de l’Immigration et Intégration) on arrival to register and you may be required to undergo a medical examination or to take French classes if your language skills are a little basic.

Other types of visa require you to validate them at your local préfecture within a certain time period.

These ‘in country’ steps are important, so in between popping Champagne when your visa arrives, take the time to read carefully the accompanying documents and note down when you need to take the next steps.

Your visa will also need renewing, most initial visas last for one year, but there are exceptions.

The exact steps vary depending on your visa type, but the most common route is to apply for a residency permit (carte de séjour) so that you can stay longer than just 12 months – you usually apply for this two months before your visa runs out.

We look in more detail at the next steps HERE.

French administration is in the process of moving its immigration system online, but we’re now at the halfway stage where you can apply for some types of cartes de séjour online, but others require a visit to your local préfecture.

Once you’ve been here for five (continuous) years, you’re eligible for long-term residency, which does away with the annual paperwork.

And if you have been here for five continuous years (or three years if you completed higher education in France) and speak good French, then you can apply for French citizenship – if you’re game for a whole lot more paperwork.

READ ALSO Am I eligible for French citizenship?

You can also find lots more information tailored to UK nationals in our Brits in France section.

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