Around 45,000 Brits in France will have to renew their post-Brexit carte de séjour this year – but what should you do if you run into problems at the préfecture?

A good chunk of the Brits living in France will have an extra admin task this year – renewing their carte de séjour.

Of the post-Brexit residency permits – the Article 50 TUE carte de séjour, sometimes known as the WARP – that were issued in 2021, around 45,000 were five-year cards, which means that they are approaching their expiry date and need renewing. 

In contrast to the nationwide web portal that was set up back in 2020 to allow Brits to apply for the card, the exact renewal process is decided by the préfectures. Some have opted for an online system, others ask for applications to be made by post or in person – find the full details for each préfecture HERE.

But however the process is done, the rules on renewal remain the same. 

The rules

Brits continue to benefit from the simplified renewal terms laid out in the Withdrawal Agreement and only need to supply a limited number of documents.

Specifically, you will need;

  • Valid UK passport

  • Current proof of address (in most cases, this would be a utility bill, but if you do not have bills in your name, then an attestation written by your landlord or cohabitee, accompanied by proof of the landlord’s ID, is sufficient)

  • 3 ID photos (conforming to official standards)

  • Your old carte de séjour

  • If your personal circumstances have changed (e.g., you got married, divorced or were widowed), proof of the changes

You should not be required to show proof of financial means, nor should you be affected by recent law changes that require French language certificates for certain types of residency permits. 

The card should also be free (in contrast to the €255 renewal fee normally charged), and people renewing a five-year card should be given a 10-year one. 

Find full details HERE.

Problems

But, as ever, there’s what the law says and what actually happens on the ground. So what happens if your préfecture appears to be applying different rules, asking for extra documents, or you encounter other problems in renewing your card?

The rules on renewing the Article 50 carte de séjour are significantly different to renewing any other type of card – préfecture employees should have been briefed on this, but human error does occur, especially in places that don’t have a large British population.

If you are having problems renewing the card or are being asked for significantly different documentation than that outlined above, the person is likely dealing with you based on the standard rules for carte de séjour renewal, not the Brexit-specific ones.

Documents

To help you calmly and politely argue your case, there are two key documents that you can show.

The first is the French government’s own public information website – Service Public – which outlines what documents you should be asked for.

Find the page HERE, then scroll down to the final option – Vous avez un titre de séjour portant la mention ‘Article 50 TUE/Article 18 (1) Accord de retrait’ de 5 ans bientôt en fin de validité (you have a five-year carte de séjour saying ‘Article 50 TUE/Article 18 (1) Withdrawal Agreement’ which is nearing the end of its validity).

Open up that section and under the heading Quels sont les documents à fournir ? (What documents to supply) You will find the abbreviated list of documents listed above.

You should not be asked for extras such as a birth certificate, work contract or proof of financial situation.

This site also outlines that la carte de séjour est gratuite – the card is free.

Finally, it adds that the new card you are given should last for 10 years – Quelle est la durée de validité de la carte de séjour ? La carte de séjour est valable 10 ans. What is the validity of the card? The card is valid for 10 years.

The second key document is the Withdrawal Agreement itself, which outlines things like who is covered (e.g., people who lived in France prior to December 31st 2020 and their close relatives) and the rights of people who are covered by the WA.

A key line is this: “Withdrawal Agreement beneficiaries who have resided legally in the host State in accordance

with Union law for a continuous period of 5 years, acquire the right to reside there permanently”.

In France, this means a 10-year card – the right to residency is permanent, but the card itself has to be renewed every 10 years.

You can find that line in the document Right of Permanent Residence Under the Withdrawal Agreement – here

You can find the full text of the Withdrawal Agreement here.

The linked versions are in English, but if you need to show it to a French official, it would be better to show a copy in French – head to the top right of the page and click on the icon of the little globe with EN to change the language.

More help

Arguing with a French official can be a daunting task, especially if your French is not yet fluent. If the person is not listening and if there is no opportunity to discuss it with their manager, there are options for recourse.

The Interior Ministry has a dedicated email address for problems related to the Article 50 carte de séjour – it may be able to provide you with official guidance that you can show at the préfecture –

contact-demandeenligne-brexit-dgef@interieur.gouv.fr

If this does not work, there are dedicated rights organisations that can help to escalate your case to the Ministry if all else has failed – they include Remain in France Together (RIFT), which can be found here or on Facebook and British in Europe, which can be found here. The Franco-British Network can also provide advice and advocacy.

Are there likely to be problems?

It’s early days in the renewal process, but anecdotal evidence suggests that for most people, the process is quite smooth and renewals are being dealt with fairly quickly.

That said, there are always variations between different préfectures, and the busier préfectures are likely to take longer to renew the card.

Some issues that have been flagged so far include people being sent messages before their appointment that instruct them to bring a timbre fiscal to cover the fee – in most cases, this seems to be because the préfecture is using a generic message template. The card should be free, as outlined on the French government’s website.

Similarly, others have been sent generic document lists which are not adapted to the Brexit card – again, this seems to be an admin issue of a préfecture using a standard automated message.

There are also slow processing times in some areas, which have led to cards expiring before the new ones are ready.

This is in fact a very common issue for all foreigners in France – it’s vital to note that you do not become sans papiers (undocumented) when your card expires, provided you made the application in time. If you have not been issued with one, you can request a récépissé, which confirms your legal status in France while you wait for your new card.

READ ALSO: What to do if your carte de séjour expires while you’re waiting for a renewal✎

Any other tips?

If your préfecture has provided information on how it wants applications (e.g., online, by post, in person), make sure you follow the instructions – you are more likely to encounter problems if you are using a non-standard route.

Make friends with some Americans, Canadians or other non-EU citizens living in France – if you’re stressed about long waits, it will probably be reassuring to hear from people going through the standard carte de séjour process, who can reassure you that delays are perfectly normal and won’t affect your ability to stay in France, or to travel.

You can also keep in touch with other Brits in France, especially those in your local préfecture, via Facebook pages such as Article 50 TUE carte de séjour (Brexit).

Have you had problems renewing a five-year Brexit carte de séjour? Share them in the comments section below, or email us at news@thelocal.fr, and we will do our best to help.