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BREXIT

Defeat for rights of Britons wanting to return from EU in future

A proposal to protect the family rights of British people in Europe returning to the UK has been voted down in the UK parliament.

Defeat for rights of Britons wanting to return from EU in future
Brits may be 'locked out' of the UK if their EU partner can't meet income requirements. Photo: AFP

While British people who move to live within the EU before December 31st 2020 are protected by the Brexit Withdrawal Agreement, this doesn't cover family reunification rights if they want to return to the UK.

So if British people now living in the EU and married to an EU national want at some point to return to the UK, their EU spouse will be subject to the UK's strict new immigration rules.

READ ALSO What is the Brexit Withdrawal Agreement and does it cover me?

 

These include language and income requirements and mean that some British people face having to make a choice between their family in the UK and their European partner or spouse – those who return to the UK to care for family members for example may struggle to meet income requirements.

The citizens' rights group British in Europe has been supporting an amendment to the Immigration Bill that would allow Britons established in the EU before the end of the Brexit transition period to maintain the right to return to the UK with their European family members without them being subject to strict immigration rules and means tests.

However the amendment was defeated by a vote in the House of Commons on Wednesday.

A spokesman for British in Europe said: “We are of course disappointed by the result, and appreciated the support of all the peers who spoke up for us and especially Baroness Hamwee, who put the arguments so well and the amendment to a vote again.

“Obviously the government recognises the unfairness of this change, otherwise they wouldn’t have agreed to a grace period at all, although a three-year grace period that starts before the rules have changed is a nonsense!

“We simply don’t understand why the rules could not remain unchanged for a finite group of people for a finite and fair period and only for pre-existing family members as we asked.

“But this is also a wider issue about the fairness generally of the minimum income requirement for all those affected and we are very glad that Baroness Hamwee alluded to that too.”

Unlike most new Brexit rules, which come into force at the end of the transition period on January 1st 2020, the new immigration rules for the EU family members of British people living in the EU have a grace period – they will not come into effect until March 2022.

It means that many British people living in the EU, especially those with ageing family members back in the UK, may now need to have serious conversations about where they see their long-term future.

Although the Brexit Withdrawal Agreement gives many guarantees for people to be able to stay in the country they are currently living in, it doesn't cover any onwards moves to another EU country and it in effect 'locks out' many Britons from returning to the UK, unless their EU partners can fit the new immigration criteria.

READ ALSO 'Doors will close for Brits in the EU' – why the UK's immigration proposals sparked alarm

 

 

 

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VISAS

‘Be ready to wait’: Your tips for getting a French visa post-Brexit

Now that Britain is out of the EU, just how much harder is the process of moving to France from the UK after Brexit? British readers share their experiences of applying for visas as 'third country nationals’.

'Be ready to wait': Your tips for getting a French visa post-Brexit

Whether you’re moving to France to live, or you’re a second-home owner wanting to spend more than 90 days out of every 180 in France, if you’re British you will now need a visa.

You can find more on how to apply for a visa, and how to understand what type of visa you need, in our visa section HERE.

But how these systems work in practice is not always the same as the theory.

To learn more about the process of getting a visa as a UK national, The Local asked British readers for their experiences of going through the system.

The consensus among respondents was that the whole thing was bureaucratic, though there were notable differences in experiences that ranged from the “easy” to the “complicated” and “time-consuming”, while the advice for future applicants was, routinely, have all your paperwork ready – and be prepared for a lengthy wait at one of the UK’s TLS centres

Appointments

Like most visas, French visas for UK nationals must be applied for before you leave home. You can find a full explanation of the process here, but the basic outline is that you apply for the visa online, and then have an in-person appointment in the UK in order to present your paperwork. 

Sue Clarke told us: “As long as you get all your paperwork together correctly and in the right order, the time it takes to receive your passport back with the visa in it once TLS has sent it off is only a few days.

“TLS – the centre which works on behalf of the French Embassy to collate your application – is so very busy,” she added. “That part of the process took hours even when you have an appointment.”

READ ALSO EXPLAINED: What type of French visa do you need?

“The visa process itself was fairly well run, and a decision for the initial visa was quick,” wrote Ian Sheppard, who successfully applied for a visa in July 2022. 

“Although getting the follow up residence permit was a pain, [and] took longer than expected, and there was little to no communication with severely limited ways to get in touch about the application.”

Sheppard thought that, biometrics apart, the process could have taken place online, and wondered whether the follow-up residence permit application could be more closely linked to the initial visa application, “rather than effectively submitting the same application twice”.

Georgina Ann Jolliffe described the process as “stressful”. 

“A lot of the initial stage was unclear and I needed a lot of reassurance about the visa trumping the Schengen 90 days. (The Local helped on that one),” she wrote. 

“[The] lack of ready communication was very stressful. It could be slicker, however staff at Manchester TLS were excellent.”

Jacqueline Maudslay, meanwhile, described the process as “complicated”, saying: “The waiting times for the appointment with the handling agent (TLS in the UK) are long and difficult to book online. We applied for a long-stay visa and were given a short-stay visa, with no reasoning and no option of talking to anyone.  

“We had met every criteria for the long-stay visa. There needs to be a contact link with the French Consular website directly for discussing visa applications.”

Handling agent TLS’s website – the first port of call for applicants from the UK – was a target for criticism.

“The TLS system is probably the most user unfriendly system I have ever used,” wrote Susan Kirby. “It throws up errors for no legitimate reason and even changes data you have keyed in. Dates are in American format so you have to be very careful and it can be very difficult to edit.”

Bea Addison, who applied for a visa in September 2021 with a view to retiring in France, agreed that it was complicated and believes the French system is chaotic and badly organised compared to other countries. “Even staff in the French Embassy in London were not knowledgeable of the process and documentation,” she wrote.

“The renewal in France was applied for in July 2022 … we have received an attestation that we will be granted renewal visas, which expired in October 2022, but we have not yet received a date to attend the préfecture due to a backlog.

Second-home owners

Many of our survey respondents were not moving to France, but were instead second-home owners who did not want to be constrained by the 90-day rule.

They have the option of remaining residents of the UK and applying for a short-stay French visitor visa – which must be renewed every year.

Second-home owner Peter Green told us: “Our appointment with TLS was delayed by two and a half hours and the whole experience was chaotic.

“We now have to go through exactly the same process again to get a visa for 2023. With second-home owners there should be a fast track that just involves proving financial viability, nothing else has changed. The system needs to be fully computerised.”

Second-home owner Alan Cranston told us his application met with no problems, but came with “unwanted cost and effort”. 

“Our six-month visa was for our first stint at our house in France in the spring, and that then overlapped our second visit in the autumn which was under Schengen. How that is handled seems to be a muddle (we did not leave the country for a day at the end of the six months, as some advise),” he said. 

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