British Citizens in France: Post-Brexit Legal Status Guide

Since January 1, 2021, the end of the Brexit transition period has radically transformed the legal landscape for British nationals residing in or wishing to move to France. Once European citizens enjoying freedom of movement, British citizens are now subject to third-country national status, with all the administrative complexities that entails. Whether you are already established in France under the Withdrawal Agreement or are planning to move here today, this comprehensive guide written by AvocatAI decodes your rights, your obligations, and the essential steps to secure your legal status on French territory.

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The Post-Brexit Legal Framework: Two Distinct Regimes

To understand the status of British citizens in France, a distinction must be made between two categories of citizens, which are governed by different legal texts.

1. Beneficiaries of the Withdrawal Agreement ("Historical" Residents)

British nationals who settled legally in France before December 31, 2020, benefit from the protective provisions of the Agreement on the withdrawal of the United Kingdom from the European Union (published in the Official Journal of the EU on January 31, 2020).

This protective status guarantees that they retain almost all of their previous rights regarding residence, work, and social security. The implementing decree (décret d'application) No. 2020-1417 of November 19, 2020, governs the issuance of the specific residence permit bearing the statement "Accord de retrait du Royaume-Uni de l'UE" (EU-UK Withdrawal Agreement). This permit is compulsory for all British nationals over the age of 18 who settled in France before the deadline.

2. New Arrivals (Since January 1, 2021)

For British nationals arriving in France as of January 1, 2021, standard French immigration law applies. They are subject to the provisions of the CESEDA (Code on the Entry and Residence of Foreigners and the Right to Asylum).

For any stay exceeding 90 days, they must obtain a long-stay visa serving as a residence permit (VLS-TS - visa de long séjour valant titre de séjour) and subsequently a temporary or multi-year residence permit (titre de séjour), depending on the reason for their relocation (work, retirement, studies, family reunification).

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Substantive Rules and Applicable Rights

The status of British citizens in France varies according to the nature of their stay and their date of arrival. Here are the rules applicable to the main areas of daily life.

Right of Residence and Right to Work

• Under the Withdrawal Agreement: Beneficiaries hold a permanent right of residence if they can prove 5 years of uninterrupted residence in France. They receive a 10-year residence card (carte de séjour permanent) which is renewable as of right. If they have resided in France for less than 5 years, they receive a temporary card valid for 1 to 5 years. This residence permit grants them the right to exercise any professional activity (salaried employment or self-employed/liberal profession) without requiring a work permit (autorisation de travail).
• Outside the Withdrawal Agreement (New Arrivals): To work in France, a British national must obtain a long-stay visa specifying their professional activity. The French employer must first apply for a work permit (autorisation de travail) from the Ministry of the Interior (except in specific cases such as the passeport talent / talent passport).

Taxation and Real Estate

Contrary to popular belief, Brexit did not modify the bilateral Franco-British double taxation treaty of June 19, 2008. The rules for determining tax residency remain unchanged (based on Article 4 B of the Code général des impôts / French General Tax Code).

However, regarding real estate taxation, British non-residents selling property in France are now subject to the CSG-CRDS (social surtaxes) at the standard rate of 17.2% on their real estate capital gains, instead of the reduced rate of 7.5% reserved for residents of the European Economic Area (EEA)—unless they affiliate with a British social security scheme under certain conditions of the EU-UK Trade and Cooperation Agreement.

Social Security and Healthcare

• For Beneficiaries of the Withdrawal Agreement: The European regulation on the coordination of social security systems continues to apply. British retirees holding an S1 form continue to have their healthcare costs covered by the French Assurance Maladie (state health insurance), which is reimbursed by the United Kingdom.
• For New Arrivals: The Trade and Cooperation Agreement of December 30, 2020, maintained a social security coordination protocol. The S1 form remains accessible for retirees of the UK system moving to France, allowing them to access the French healthcare system (PUMa - protection universelle maladie) without any waiting period.

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Step-by-Step Practical Procedures

Pathway 1: You Arrived After January 1, 2021 (New Resident)

If you wish to settle in France for a period exceeding 3 months, here is the mandatory process:

1. Step 1: Long-Stay Visa Application (VLS-TS)

You must initiate your application on the official France-Visas portal between 3 months and 15 days before your departure. You will need to book an appointment at one of the TLScontact centres in the UK to submit your application and register your biometric data. The visa fee is 99 €.

2. Step 2: Online Visa Validation

Within 3 months of your arrival in France, you must validate your VLS-TS on the online platform of the ANEF (Administration of Foreigners in France). This online process validates your visa as a residence permit and requires the payment of a residence tax (generally 225 € paid via a timbre fiscal / tax stamp).

3. Step 3: Multi-Year Residence Permit Application

Within the 2 months preceding the expiration of your VLS-TS, you must contact the préfecture (local administrative authority) of your place of residence to apply for a temporary or multi-year residence permit corresponding to your situation (e.g., "Visiteur", "Salarié", "Passeport Talent").

Pathway 2: You Hold a "Withdrawal Agreement" Permit Arriving at Expiration

The first 5-year residence permits issued in 2021 will expire in 2026.

1. Step 1: Booking an Appointment at the Préfecture

You must apply for the renewal of your card 2 months before its expiration date. This process is carried out at the préfecture of your department of residence.

2. Step 2: Preparing the Permanent Card Application File

If you have reached 5 years of legal and uninterrupted residence in France, you must provide proof of this continuity (tax notices /avis d'imposition, employment contracts, electricity bills).

3. Step 3: Issuance of the 10-Year Permit

The renewal to a 10-year permanent residence permit under the Withdrawal Agreement is free of charge (no tax stamp fee is required).

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Concrete Examples of Post-Brexit Situations

Example 1: John, a British retiree moving to Dordogne in 2024

John wants to retire in France. He is buying a house and has a UK pension of 2,200 € per month.

• Procedure: John must apply for a long-stay visa with the mention "Visiteur" (Visitor).
• Financial Conditions: He must prove stable resources equivalent to at least the net annual SMIC (French minimum wage), which is at least 1,400 € net per month (for 2024). His pension of 2,200 € is therefore more than sufficient.
• Commitment: John must sign a sworn statement (attestation sur l'honneur) promising not to engage in any professional activity in France.
• Initial Cost: 99 € (visa fee) + 225 € (tax stamp for VLS-TS validation) = 324 €.

Example 2: Sarah, a resident under the Withdrawal Agreement, wishes to move

Sarah has lived in Lyon since 2018. She holds a 5-year "Accord de retrait" residence permit issued in June 2021, expiring in June 2026.

• Situation: In 2024, Sarah changes her address to move to Marseille.
• Mandatory Procedure: Pursuant to Article R. 431-23 of the CESEDA, Sarah has 3 months to declare her change of address to the préfecture of Bouches-du-Rhône.
• Cost: Modifying the residence permit for a change of address is free of charge under the Withdrawal Agreement.

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Mistakes to Avoid

• Exceeding the 90/180-day rule without a visa: If you own a second home in France and do not have a residence permit, you cannot stay for more than 90 days in any rolling 180-day period within the Schengen Area. Any overstay exposes you to a fine, an OQTF (obligation to leave French territory), and an entry in the Schengen Information System (SIS).
• Forgetting to exchange your UK driving licence: If you settle permanently in France, the rules differ depending on your status. Beneficiaries of the Withdrawal Agreement can use their UK licence as long as it is valid. Conversely, new residents who arrived after January 1, 2021, must apply to exchange their UK driving licence for a French licence within one year of establishing their normal residence in France.
• Neglecting the annual declaration of foreign bank accounts: As a French tax resident, you must declare all bank accounts held outside of France (including in the UK) using Form No. 3916 attached to your annual income tax return, under penalty of a 1,500 € fine per undeclared account.
• Working with a "Visitor" visa: The long-stay visa marked "Visiteur" strictly prohibits any professional activity in France. Working without authorization exposes both the employer and the employee to heavy criminal and administrative penalties.

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FAQ (Frequently Asked Questions)

Can I still travel to the UK with my French ID card if I am a dual citizen?

Yes. If you hold dual British and French nationality (or that of another EU country), you can enter French and European territory simply by presenting your valid French national identity card or French passport. To enter the UK, you will need to present your British passport.

I hold a 5-year "Withdrawal Agreement" residence permit. When should I apply for the 10-year card?

You must submit your application for a 10-year permanent residence card within the 2 months preceding the expiration of your current 5-year permit. You will need to prove that you have not left France for more than 6 months per year (except for serious medical or professional reasons) during this 5-year period.

Do British second-home owners in France need a visa?

Only if the duration of their stay exceeds 90 days consecutive within a 180-day period. For shorter stays, no visa is required: a valid British passport (issued less than 10 years ago and valid for at least 3 months after the planned departure date) is sufficient. If you wish to stay for up to 6 months per year, you must apply for a temporary long-stay visa (VLS-T) marked "Visiteur".

Are my children born in France after Brexit automatically French?

No. Birth in France does not automatically confer French nationality unless one of the parents is French. A child born in France to British parents can acquire French nationality upon reaching adulthood (or from the age of 13 at the parents' request) subject to conditions of habitual and continuous residence in France for a minimum period of 5 years since the age of 11.

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Summary

• Two Distinct Statuses: British citizens settled before December 31, 2020, benefit from the Withdrawal Agreement; subsequent arrivals are subject to standard immigration law (CESEDA).
• 90/180-Day Rule: Without a visa or residence permit, tourist stays in France are limited to a maximum of 90 days per 180-day period.
• Mandatory Long-Stay Visa: For any relocation exceeding 3 months, obtaining a long-stay visa (VLS-TS) beforehand from French consulates in the UK is required.
• Free Renewal: Upgrading from a 5-year "Withdrawal Agreement" permit to a 10-year permanent permit is free of charge and must be requested 2 months before expiration.
• Unchanged Taxation: The 2008 tax treaty prevents double taxation, but social surtaxes on real estate capital gains for non-residents have increased to 17.2%.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.