French prefecture rejects Briton's long-stay EU residency card request

A British lawyer living in south-west France has spoken of his frustration about being turned down for a long-term resident’s card, which he wants due to its wide recognition across the EU. 

Nick Doherty, 64, said he was “not convinced” by the analysis given by the Tarn prefecture over the rejection. 

From emails shown to us, the reasons given include him previously holding a residency card as an EU citizen and, more recently, a card as a Briton covered by the Brexit Withdrawal Agreement (WA). 

What is EU long-stay card?

He and wife Laura, who both have permanent WA cards, had sought to obtain the carte de résident de longue-durée – UE after reading a Connexion article about how the EU says there is no incompatibility between the two. 

The card he was seeking to obtain recognises an ‘EU long stay resident’ status, which the European Commission says is intended to be “permanent and secure”, granting similar rights to EU citizens in work, education and social security, and “making it easier” to move to other parts of the EU. 

In the latter case, it is possible for holders to stay for more than three months in many other countries without a visa. 

However, they should still apply for a residency card in the country to stay longer than this. 

Most holders of ordinary French visas and residency cards are subject to the rule of not staying visa-free more than 90 days in any 180-day period in other Schengen countries. 

Read more: Does 90/180 day rule affect visiting France if I have Spanish residency?

Mr Doherty decided to apply, partly after meeting a Briton with a French WA card who had got into trouble with the Spanish police after spending several months in the country. 

“Your card only entitles you to stay in France, they said. “So that got me thinking – and then I read about the long term resident card. “I think it’s worth having and might be interesting – for example, for anyone with a holiday flat in Spain or Croatia. 

“In some countries, I believe it also enables you to work there for a short period without special permissions.” 

The EU has discussed possible further strengthening of the associated rights. 

Decision went against EU guidance

Jane Golding, an EU law expert and chair of campaign group British in Europe, said the reasons given to Mr Doherty were “clearly incorrect”, advising that he show the prefecture the guidance published by the EU on ‘multiple statuses’. for Britons 

It says WA status does not prevent holding other statuses a person meets the conditions for, such as ‘long-term resident’, and this must be recognised by the host state. 

The European directive on long-stay residency says the status is applicable to third-country (non-EU/EEA/Swiss) nationals who have resided legally and continuously within an EU country for five years prior to applying. 

‘Continuously’ does not include stays away for less than six consecutive months, or 10 months in total in the five-year period, and longer stays away for important reasons can also be borne in mind. 

Ms Golding said in her view, based on EU case law, it is not necessary for applicants to have been non-EU citizens for five years. 

We have asked the Interior Ministry for its interpretation of the rules. 

Ms Golding noted that the latest EU guidance (at the link shown above) also includes notes on ‘permanent residence’. 

It states that Britons with five year WA residency cards may apply for a ‘permanent’ (10 year) card as soon as they meet the requirements – five years’ legal residency in France – and that their ‘permanent’ rights start from this date, not when a card is issued. 

This affects, for example, rules on how long the person may be away from France without losing rights. 

It adds that that their permanent residency right is not can celled even if they fail to apply for the card before their previous card expires, but EU states have a right to impose ‘proportionate’ fines for not doing so. 

The ministry previously advised holders to apply two to three months before the first card’s expiry, so we have also queried this.

Read more: Briton applies for French residency card and finds he was adopted - and has siblings