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The immigration consequence of Brexit

On 29 March 2017, the United Kingdom decided to leave the European Union permanently and the “Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community” was entered into on 31 January 2020.

In terms of immigration, two situations for British nationals should be distinguished:

1. British nationals entering France on or after 1 January 2021

British nationals and their families entering France on or after 1 January 2021 will be subject to the ordinary rules for the entry and residence of foreigners and must apply for a residence permit at the préfecture of their place of residence in France. They will be subject to the French Code of Entry and Residence of Foreign Citizens and the Right of Asylum (Code d’Entrée et de Séjour des Etrangers et du Droit d’Asile - CESEDA).

2. British nationals living in France before and after Brexit

Under the Agreement of 31 January 2020, British nationals and members of their families who were residing in France before 31 December 2020 retain their rights acquired as European citizens.

But they are required to apply for special residence permits bearing the words “Agreement on the Withdrawal of the United Kingdom from the EU”.

British nationals and their families must apply for these special residence permits before 1 July 2021 and have obtained them no later than 1 October 2021.

  • An order (arrêté) dated 20 November 2020 lists the documents to be provided. It is available on the Legifrance website[click here]
  • The French government created a Brexit website to make the administrative procedure easier:

https://brexit.gouv.fr/sites/brexit/accueil.html

  • The French Home Office (Ministère de lIntérieur) has also created a Brexit site:

https://contacts-demarches.interieur.gouv.fr

  • And the European Union prepared a guide to the Withdrawal Agreement which is available here:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52020XC0520(05)&from=EN