Post Brexit - The Decree In case of No Deal

For these post-Brexit Cartes we will focus on The Decree in Case of No Deal as right no we have insufficient clarity on which cards would be applied in case of a deal.

 

 

This is the Decree 

​

​

Decree No. 2019-264 of 2 April 2019 adopted for the implementation of Ordinance No. 2019-76 of 6 February 2019 on various measures relating to entry, residence, social rights and professional activity, applicable in case of absence of agreement on the withdrawal of the United Kingdom from the European Union

 

NOR: INTV1907962D

ELI: https://www.legifrance.gouv.fr/eli/decret/2019/4/2/INTV1907962D/ jo / texte

Alias: https://www.legifrance.gouv.fr/eli/decret/2019/4/2/2019-264/jo/texte

 

Public concerned: British nationals who, at the date of withdrawal from the United Kingdom from the EU, resided regularly in France and continue to reside there; administrative services in charge of residence, social rights and foreign labor.

Subject:for implementingProceduresOrdinance No. 2019-76 of 6 February 2019 on various measures relating to entry, residence, social rights and professional activity, applicable in the absence of an agreement on the withdrawal of the United Kingdom from the European Union.

Entry into force: the Decree enters into force on the date of the withdrawal of the United Kingdom from the European Union without an agreement based on Article 50 of the Treaty on European Union.

Notice: The decree specifies the conditions for the issue of residence permits to British nationals who, on the date of withdrawal from the United Kingdom of the EU, resided regularly in France and continue to reside there.

References: the decree can be consulted on the Légifrance website (https://www.legifrance.gouv.fr/).

 

The Prime Minister,

On the report of the Minister of the Interior,

Considering the code of the entry and stay of foreigners and the right of asylum ;

Given the code of work ;

Considering theordinance n ° 2019-76 of February 6th, 2019 bearing various measures relating to the entry, the stay, the social rights and the professional activity, applicable in case of absence of agreement on the withdrawal of the United Kingdom. Union of the European Union;

Having regard to the opinion of the Government of New Caledonia of 19 March 2019;

Having regard to the opinion of the Government of French Polynesia of 22 March 2019;

Considering the opinion of the community of Saint-Barthélemy of March 21st, 2019;

Considering the referral to the executive council of Saint-Martin carried out on March 8, 2019,

Decrete:

• Chapter I: Maintenance of the right of residence and filing of applications for residence permits of British nationals and members of their family residing regularly in France on the date the withdrawal of the United Kingdom from the European Union
  Article 1 Read more about this article ...
  
  The provisions of this decree apply to applications for residence permits made by British nationals and members of their family present in France which, at the date of the withdrawal of the United Kingdom from the European Union, regularly reside in France and continue to reside there.
  The date mentioned in the first sentence of Article 1 of the order of 6 February 2019 referred to above, which determines the end of the period during which the British national lawfully residing in France at the date of withdrawal from the United Kingdom of the European Union is not required to hold a residence permit and retains its right of residence, is set one year after the date of withdrawal.
  The date mentioned in the last sentence of the same article, which determines the date before which the application for a residence permit of the British national who regularly resided in France on the date of withdrawal from the United Kingdom of the European Union must be lodged. six months after the date of withdrawal.

• Chapter II: Right of residence of British nationals and members of their families holding the permanent residence permit provided for in Article L. 122-1 of the Code of Entry and Stay of Foreigners and the Right of Asylum
  Article 2 More about this article ...
  
  For the purposes of 1 ° of I and 1 ° of III of article 3 of the order of 6 February 2019 referred to above, the British or third-country national other that British member of his family, holders of the permanent residence card provided for inArticle L. 122-1 of the code of entry and stay of foreigners and asylum and applying for the resident card mentioned in the Article L. 314-8 of the same code, must present in support of its application:
  1 ° A valid passport;
  2 ° The residence permit which he previously held.

• Chapter III: Right of residence of other British nationals and members of their family lawfully staying in France for less than five years on the date of the withdrawal of the United Kingdom from the European Union
  Article 3 Read more about this article ...
  
  British national or third-country national other than British family member who has been resident in France for less than five years and applies for the first issue of one of the residence permits referred to inArticle 2 of the Ordinance of 6 February 2019 referred to above, must submit in support of its application the following documents:
  1 ° A valid passport;
  2 ° A front view, bareheaded, 3.5 × 4.5 cm, recent and perfectly similar;
  3 ° If he is a holder, the residence permit he holds;
  4 ° If he has never been the holder of a residence permit, a document proving the date of his installation in France;
  5 ° The supporting documents provided for in articles 4 to 10 of this decree establishing that it satisfies the conditions for the issue of the residence permit applied for.
  Article 4 To know more about this article ...
  
  For the application of 1 ° of I of article 2 of the order of 6 February 2019 referred to above, the British national who applies for the multi-year residence permit marked "student "for inProvidedArticle L. 313-7 of the code of entry and residence of foreigners and the right to asylum or the multi-year residence permit marked" student - mobility program "provided for in Article L 313-27 of the same code must present:
  1 ° A certificate of enrollment in a public or private institution of education or initial training, or a certificate of enrollment in a vocational training organization within the meaning of Title II of the book IX of the Labor Code;
  2 ° If he has been engaged in the same cycle of study for more than one year, the justification of his diligence and the real and serious nature of the studies;
  3 ° If he applies for the multi-year residence permit bearing the mention "student - mobility program", any document issued by the institution in which he is registered justifying that he belongs to a program of the European Union, d a multilateral program involving mobility measures in one or more Member States of the European Union or an agreement between at least two higher education institutions located in at least two Member States of the European Union.
  Article 5 Read more about this article ...
  
  For the purposes of 2 ° of I of Article 2 of the order of 6 February 2019 referred to above, the British national who applies for the multi-year residence card marked "employee "for inProvidedArticle L. 313-17 of the code of entry and residence of foreigners and the right of asylum must present:
  1 ° the employment contract of indefinite duration;
  2 ° A pay slip of less than three months.
  Article 6 More on this article ...
  
  For the purposes of paragraph 3 of I of article 2 of the order of 6 February 2019 referred to above, the British national who applies for the temporary residence permit marked "worker" "temporary" provided for in 2 ° of Article L. 313-10 of the code of entry and stay of foreigners and the right of asylum must present:
  1 ° The fixed-term employment contract;
  2 ° A pay slip of less than three months.
  Article 7 Find out more about this article ...
  
  For the purposes of paragraph 4 of I of article 2 of the order of 6 February 2019 referred to above, the British national who applies for the multi-year residence permit marked "entrepreneur" / liberal profession "provided for in 3 ° of Article L. 313-10 of the code of entry and stay of foreigners and the right of asylum must present:
  1 ° The proof of registration either in the directory of trades or in the commercial and companies register, or proof of affiliation to the social security of the self-employed;
  2 ° The justification that it has sufficient resources for its maintenance, regardless of the benefits and allowances mentioned in 4 ° I of Article 2 of the order of 6 February 2019 referred to above. The sufficiency of the resources is appreciated taking into account the personal situation of the person concerned. In no case may the amount required exceed the lump sum of the active solidarity income referred to inArticle L. 262-2 of the Code of Social Action and Families. Where the applicant's resources are not sufficient, a favorable decision can be taken if the applicant justifies owning or enjoying his / her home.
  The condition provided for in the previous paragraph is not required of the foreigner holding the allowance for disabled adults mentioned ininArticle L. 821-1 of the Social Security CodeArticle or the supplementary allowance referred toArticle L. 815-24 of the same code.
  Article 8 Find out more about this article ...
  
  For the purposes of paragraph 5 of I of article 2 of the order of 6 February 2019 referred to above, the British national who applies for the temporary residence permit marked "search "employment or business creation" provided for inArticle L. 313-8 of the code of entry and stay of foreigners and the right of asylum must present the supporting documents under the following conditions.
  If he is a former student, he must present a diploma, obtained in the year preceding the application, in a nationally accredited higher education institution.
  If he is unemployed after having been in employment, he must submit the following proofs:
  1 ° a certificate of registration on the list of jobseekers;
  2 ° pay slips justifying at least three months of activity during the year preceding his application;
  3 ° The justification that he has health insurance.
  Article 9 Read more about this article ...
  
  For the purposes of paragraph 6 of I and II of article 2 of the order of 6 February 2019 referred to above, the British or third-country national other than British family member who applies for the multi-year residence permit bearing the mention "private and family life" provided for inArticle L. 313-11 of the Code of Entry and Residence of Foreigners and the Right of Asylum must present :
  1 ° Proof of the family relationship;
  2 ° For dependent family members, the supporting documents proving the material and financial support provided by the host;
  3. The passport of the British national accompanied.
  In the event of a family relationship formed before the date of withdrawal from the United Kingdom of the European Union and broken after that date, he must submit, in addition to the proof of the family relationship:
  1 ° proof of the breakdown of the link;
  2. The copy of the passport of the British national accompanying him.
  Article 10 Find out more about this article ...
  
  For the purposes of paragraph 7 of I of article 2 of the order of 6 February 2019 referred to above, the British national who applies for the temporary residence permit marked "visitor "for inProvidedArticle L. 313-6 of the code of entry and stay of foreigners and the right of asylum must present:
  1 ° The justification that it has sufficient resources for its maintenance, regardless of the benefits and allowances mentioned in 2 ° of Article L. 314-8 of the code of entry and stay of foreigners and the right of asylum. The sufficiency of the resources is appreciated taking into account the personal situation of the person concerned. In no case may the amount required exceed the lump sum of the active solidarity income referred to inArticle L. 262-2 of the Code of Social Action and Families. Where the applicant's resources are not sufficient, a favorable decision can be taken if the applicant justifies owning or enjoying his / her home.
  The condition provided for in the previous paragraph is not required of the foreigner holding the allowance for disabled adults mentioned ininArticle L. 821-1 of the Social Security CodeArticle or the supplementary allowance referred toArticle L. 815-24 of the same Code;
  2 ° The justification that he has health insurance.

• Chapter IV: Right to stay of British nationals and members of their family lawfully staying in France for at least five years
  Article 11 More about this article ...
  
  For the purpose of applying 2 ° of I, II, 2 ° of III and IV of Article 3 of the order of 6 February 2019 referred to above, a British or non-British third-country national who is a member of his family and has been residing in France for at least five years and applying for the first time the resident's card mentioned in article L. 314-8 of the same code, must present in support of his application the following documents:
  1 ° A valid passport;
  2 ° A front view, bareheaded, 3.5 × 4.5 cm, recent and perfectly similar;
  3 ° If he is a holder, the residence permit he holds;
  4 ° If he has never been the holder of a residence permit, a document proving the date of the installation in France;
  5 ° The justification that it has sufficient resources for its maintenance, regardless of the benefits and allowances mentioned in 2 ° of Article L. 314-8 of the code of entry and stay of foreigners and the right to asylum. The sufficiency of the resources is appreciated taking into account the personal situation of the person concerned. In no case may the amount required exceed the lump sum of the active solidarity income referred to inArticle L. 262-2 of the Code of Social Action and Families. Where the applicant's resources are not sufficient, a favorable decision can be taken if the applicant justifies owning or enjoying his / her home.
  The condition provided for in the previous paragraph is not required of the foreigner holding the allowance for disabled adults mentioned ininArticle L. 821-1 of the Social Security CodeArticle or the supplementary allowance referred toArticle L. 815-24 of the same Code; it is not required of a third-country national holding a residence permit bearing the endorsement 'Union citizen's residence permit / EEA / Switzerland - All professional activities' or 'Private and family life' family ".
  6 ° If he does not hold a residence permit, the proof that he has health insurance.

• Chapter V: Tax provisions
  Article 12 More about this article ...
  
  The amount of the tax provided for inArticle 5 of the order of 6 February 2019 referredabove tofor the first issue of a residence permit is 100 euros .

• Chapter VI: Final Provisions
  Article 13 More on this Article ...
  
  The provisions of this Decree shall enter into force on the date of the withdrawal of the United Kingdom from the European Union without an agreement based on Article 50 of the Treaty on the 'European Union.
  Article 14 More about this article ...
  
  I. - The provisions of this decree are applicable to Saint-Martin and Saint-Barthélemy.
  II. - The provisions of Article 1 of this decree are applicable in the Wallis and Futuna Islands, French Polynesia and New Caledonia.
  For the application of these provisions in the communities mentioned in the first paragraph of this II, the references to France are replaced by the reference to each community.
  Article 15 Read more about this article ...
  
  The Minister of the Interior and the Minister of Overseas are responsible, each for his own part, for the implementation of this decree, which will be published in the Official Journal of the French Republic.

​