‘Admin error’ blocks Brexit students in France from rent help

An ‘administrative error’ meant British-born students legally resident in France under the Brexit withdrawal agreement may have been incorrectly denied access to a rent guarantee scheme for university accommodation.

The French government-backed Visale scheme is intended to ensure access to housing is no barrier to employment or study by standing as rent guarantor for young people living in France, who want to study at university or start a new job and who would otherwise be unable to provide such assurances to landlords.

It’s intended to be used by both French citizens and foreigners who are legally resident in France.

However one young British university student has told how she was blocked from being able to access the scheme – because of the wording on her post-Brexit carte de séjour.

The literature student who is studying at a southern French university moved to France as a child with her British parents. After Brexit, her parents obtained the post Brexit Article 50 TUE carte de séjour, and upon turning 18 the student also gained the same card.

The student – who prefers to remain anonymous – hit an administrative roadblock last month, when she reapplied for the guarantor scheme so she can remain in halls of residence throughout the final year of her degree, which begins in September.

The reason? The wording on the back of her Brexit carte de séjour.

Her previous applications for the scheme had passed without issue. But this year – after several weeks of back-and-forth, and numerous phone calls and email discussions – she was told that she was not entitled to a Visale guarantee because her carte de séjour did not feature the word ‘étudiant’ (student).

The post-Brexit carte de séjour features the words “toutes activités professionelles” (all professional activities).

The closing date for Visale applications to be accepted was May 31st. Without access to accommodation, she might not have been able to complete her literature course.

The student’s father told The Local: “It was very stressful for her. She sent and resent scans of her documents – her carte, her passport, her student card, and so on – only to be told repeatedly that her application was incomplete. It wasn’t.

“We pointed out that she’d never had any problems before, that she was legally permanently resident in France under Brexit rules, and eventually narrowed down the issue to the fact that her card did not specifically have the word ‘étudiant’.

“We were told that this was part of a new, stricter policy that had been introduced this year.”

One message to the student from Visale insisted: “The following documents are missing … from your civil status file: second reminder for your residence permit that mentions student or ‘multiannual’ or resident card or your passport and a valid visa.”

The back of her card bears the standard wording for the post-Brexit card: ‘Accord de retrait du Royaume-Uni de L’UE – séjour permanent toutes activités professionelles’.

But the intention of the Withdrawal Agreement was to guarantee Britons living in Europe – and Europeans living in Britain – the same fundamental rights they had enjoyed before Brexit.

Eventually, it was conceded that Visale had made a mistake, and the student is indeed entitled to accommodation help.

Contacted by The Local, a spokesperson for Action Logement said: “This was an administrative error, as the residence permit issued under Article 50 of the withdrawal agreement for British nationals does indeed allow them to live, work, and study in France.

“Students in question should therefore be eligible for Visale, even if their residence permit does not mention that they are a student, provided they can provide proof of their studies.”

The spokesperson added that Visale staff had been informed, and that affected students could either log on to the website or contact the call centre, on the free phone line 09 70 800 800. The phone line is staffed Monday to Friday, from 9am to 6pm.

What does the Article 50 card entitle holders to?

The post-Brexit Article 50 TUE card, sometimes also known as the WARP card, is a special type of residence permit that was issued to Brits who had been legally resident in France before Brexit.

In the main it is only available to people who were resident in France before December 31st 2020, although in some cases a spouse or family member of a card-holder is entitled to the card as well.

However, Brits moving to France since 2021 come under the general rules for non-EU nationals and need a visa.

The Article 50 card is intended to enshrine the rights laid out in the Withdrawal Agreement, and replicates many of the rights that Brits enjoyed pre-Brexit as citizens of an EU country. Among them are;

The right to live in France – there are two types of Article 50 card, a five-year card and a permanent (10-year) card. Holders of the 10-year card have the right to live in France permanently but must renew the card itself every 10 years. Holders of the five-year card can swap it for a permanent card once they have been legally resident in France for five years or more – in order to make the swap they should be required to provide proof only that they are still legally resident in France and are covered by the Withdrawal Agreement

Language test exemptions – new rules on language tests for certain types of long-term residency permits exempt Article 50 card-holders

The right to undertake any type of professional activity in France – unlike holders of other working residency permits, holders of the Article 50 card can be employees, self-employed, remote workers or unemployed and do not have to update their residency status if they change their work

The right to study in France

The right to live in France without working – eg for retirees. Unlike holders of the French ‘visitor’ visa, there is no requirement to regularly provide proof of financial means

The right to leave France – permit holders can leave France for between 10 months and two years (depending on card type) without losing residency status.

Driving – this is not specific to Article 50 card holders, but people who have a UK or NI driving licence have a slightly different process when it comes to exchanging for a French one. Full details here.

And what doesn’t it entitle holders to?

Voting – French rules state that EU citizens can vote in local or European elections, can hold elected office at a local level and can take on fonctionnaire roles. Those rights were all lost to Brits in France after Brexit

Onward migration – the carte de séjour entitles holders to live in France, but only in France. Card holders who want to move to another EU country have no special status and must follow the same rules as all other non-EU citizens moving to that country.

Citizenship – Article 50 card-holders are entitled to apply for French citizenship if they meet the criteria around residency or family ties, but they get no special privileges and apply under the sale rules as everyone else. Unlike with residency cards, there is no language test exemption for British Article 50 card-holders seeking French citizenship.

‘Admin error’ blocks Brexit students in France from rent help

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