Non-EEA UK citizens have lost the right to free movement in Europe from January 2021, however family members of European nationals do not. Under European law, EEA citizens may be accompanied or joined by non-EEA family members if they fulfil the right of residence requirements.
Thus, non-EEA (‘third-country’) family members have a right of residency derived from European citizenship. They have the same residence permit privileges as EEA nationals. Family members of EEA citizens may enter and remain in France with their spouse with a valid passport or identification card.
A stay of up to three months requires:
- Required documents: passport, visa (if applicable), or residence card issued by a Member State with the phrase “carte de séjour de membre de la famille d’un citoyen de l’Union/residence card of a family member of a citizen of the Union”.
- For French spouses or civil partners, the residency permit is a carte de séjour vie privée et familiale.
- Family members from other countries must apply for a residence permit for stays beyond three months.
A carte de séjour must be applied for within three months after admission, but no visa is needed. Late applications cannot prevent residence permit approval. Apply online before visiting France using the usual France-Visa website.
They must verify familial ties to the European citizen. Must be either:
- Included are the spouse, children under 21, children over 21 who are dependents of the European citizen, and parents or grandparents if the European national is responsible for their care.
- Others having a connection may be evaluated.
- An unmarried partner of the European national will be considered if they can show a long-term, meaningful connection. This requires at least one year of living together for a registered civil partner and five years for a free union partner.
- The European national may also consider family members who require care and those who are critically sick.
French law requires agencies to provide permits ‘dans les meilleurs délais and dans le framework d’une procédure accélérée’ under European law.
Applications may only be denied for fraud or public order threats if the spouse is French. Similar procedures apply to other EEA nationals.
If the EU national does not work, they must show they have’sufficient resources’ (at least the minimum labour pay of €1,200 net per month) to avoid social security and health insurance issues.
A short-term policy should cover the first health insurance needs, but if the spouse is working or in business, no specialised health insurance is needed. However, holding an insurance until the spouse gets State health care is wise.
If they are salaried or manage a company, they must produce evidence of employment or a plausible business proposal, unless they are joining an established firm with their spouse/partner.
The residency card reads ‘Carte de séjour de membre de la famille d’un citoyen de l’Union/EEE/Suisse -Toutes activités professionnelles’ and lasts five years, matching the host family member’s right of residence. The card is free if applied for within three months after entering France.
Prefectures typically take too long to process applications, causing delays. Thus, you must always preserve a duplicate of the temporary permission, termed a ‘récépissé de demande de titre de séjour’. This certificate lets you stay in France until your application is approved.
A five-year legal residency might lead to permanent residence.
Death, divorce
The non-European national retains rights after divorce or death of the EEA national. A year of French residency is usually needed for death, however it might be excused. Before filing for divorce, authorities usually demand three years of marriage. This provision may be waived if the non-European national gets custody of the children. Divorce due to European national violence may waive the criteria.
A third-country spouse needs a visa to visit France for more than three months if the EU citizen is French, although it’s usually a formality. A visa de long séjour/VLS-TS allows them to do so. The former must be followed by a ‘carte de séjour temporaire vie privée et familiale’ residency permit. They may seek for permanent residency later. Are you thinking of buying or selling property in France? Contact us today
