Renewing a Brexit WA residency card early in France
Many five-year cards are due for renewal in 2025, with holders eligible for ten year cards
Holders of five-year WA cards should take care to renew them before expiry
BreizhAtao / Shutterstock / Diocese in Europe
Many five-year Brexit Withdrawal Agreement (WA) cards come up for renewal this year – and there are hopes that the process may be put online.
Some card holders who have already reached five years of residency have asked if they can renew early even if their card is not yet due to expire.
Key points: Renewing Brexit WA Cards
- Many five-year Brexit Withdrawal Agreement (WA) cards are due for renewal this year. Britons who had been living in France for less than five years before Brexit were initially issued these cards.
- For those residing in France for over five years, a 10-year permanent residency card was issued. These cards require renewal only every decade, provided the holder is not absent from France for more than five years.
- The French Interior Ministry stated in 2022 that holders of five-year WA cards can apply for a permanent residency card after five years of legal residency. However, it also advised that applications should be made two to three months before the card's expiry, with minimal paperwork required.
- Official EU guidelines state it is possible to apply for the 10-year card once you meet the conditions of five years of legal residency. The British Embassy advises individuals seeking to renew prior to expiry of their card to contact their prefecture. It is thought that a centralised online system for renewals may be launched in due course.
Cards with five years of validity were issued to Britons who had been living in France before Brexit for less than five years.
Those living in France for more than five years were issued with cards valid for 10 years, marked carte de séjour permanent (permanent residency).
A key benefit of these cards is that they require renewal only every 10 years.
They also provide proof of having acquired ‘permanent’ residency rights under the WA including the right to do all forms of work and to receive certain benefits on the same conditions as EU citizens.
These rights can only be lost if the holder is away from French soil for five years.
WA beneficiaries who do not yet have 'permanent' residency rights, officially, should not be absent for more than six months a year without a good reason, such as a work posting, study or training abroad.
Swapping five-year WA cards for 10-year cards
The first WA cards were issued in 2020 to people who had applied via a website that was briefly opened for Britons in the event of a ‘no-deal’.
Others applied after a website opened for WA card applications in October 2020. All applications had to be made by October 2021.
Thus, five-year cards issued in 2020 will be expiring this year.
As of 2022, France reported issuing 105,600 permanent residency cards and 48,700 five-year cards.
In 2022, the Interior Ministry told us “people holding a WA residency card with a five-year duration have the right to obtain a permanent residency card based on this agreement, after five years of legal residency in France".
A spokesman added: “They will be able to obtain this card when the five-year card expires, on presentation of the card that is coming up for expiry.”
After further inquiries, the ministry advised at the time that holders should apply to their prefecture two to three months before the card’s expiry.
They may be asked for their UK passport, three valid passport photographs and the existing card, an official said.
This is in line with France’s original decision to keep paperwork as light as possible for Britons applying for permanent cards on the basis of more than five years’ residency.
Documents required for renewals
The original French decree on documents required for a Brexit WA card referred at article seven to similar minimal paperwork, including ‘proof of living in France in 2020’.
It appears that the old Brexit WA card should now be sufficient proof of the latter. It is important that people with an expiring card apply to replace it with a 10-year card.
On application, you will receive a récépissé (receipt/ proof slip), which is valid for a set number of months.
Check it shows the card you have applied for with wording about the withdrawal agreement or ‘article 50’.
Lacking a valid card may cause administrative problems in daily life.
Expiry does not end right to stay
However, we note that the European Commission says in its guidance note on permanent residence that WA beneficiaries do not lose their rights because a card expires (see also the WA itself, articles 15 and 16, here).
The commission also states that Britons legally gain ‘permanent residence’ rights as soon as they meet the conditions for this, ie. by legal and stable residence in their host country for at least five years.
It also says they are entitled to apply for a card proving this status “as of the moment when the right of permanent residence is acquired” (see also the WA, article 18a).
The note can be downloaded in both English and French.
Ministry preparing for renewals
The ministry has not yet replied to our requests for confirmation that prefectures are accepting early applications, but, legally speaking, we understand such applications to be valid.
British lawyer Jane Golding, co-chair of the British in Europe group, which supports WA Britons’ rights, confirmed this right to apply after five years of residency to The Connexion.
BiE has more information on its site: britishineurope.org.
The British Embassy in Paris told us: “Our understanding is that people who are eligible for a permanent residence card/permanent rights have the right to apply before their current residency permit expires. Those individuals should contact their prefecture.”
A spokeswoman added: “The Interior Ministry has communicated that they are finalising the procedures for renewals, which may be a centralised online system.
“We are following up on this and will update our 'Living in France’ guide [available here] and communicate this as soon as we have more confirmed information.”
Accordingly, if you have been in France for more than five years but your existing card is not nearing expiry, you could wait and a simple online process may be available in time.
Otherwise, if obtaining proof of ‘permanent residency’ status quickly is important to you, we advise making inquiries with your prefecture. Let us know how this works out via feedback@connexionfrance.com.
