March 29, 2019, the day of an event that will undoubtedly mark a turning point in the history of the European Union, the one known as Brexit .
It is indeed on this date that the two-year period provided for in Article 50 of the Treaty on European Union, since the United Kingdom notified its intention to withdraw from the European Union after the referendum held on its territory, will come to an end.
Despite the proximity of this deadline, the situation remains extremely uncertain regarding the terms of the United Kingdom's exit from the European Union, and the much-feared possibility of a no-deal withdrawal, the so-called " hard Brexit , is becoming increasingly serious.
This uncertainty has repercussions for the fate of British nationals living and working in France: what will become of their status the day after Brexit is supposed to take place? Will French companies be able to continue employing them normally, without any special formalities?
Two options are now open after the British government failed to get its Parliament to approve the withdrawal agreement negotiated with representatives of the European Union:
- A postponement of the Brexit , which could notably occur if, by March 29, the British government succeeds, through persistent pressure, in getting its Parliament to adopt the withdrawal agreement negotiated with representatives of the European Union;
- Brexit took place on March 29, 2019 without a withdrawal agreement between the United Kingdom and the European Union (case of a hard Brexit ).
The status of British nationals on French territory will depend on the option that is chosen on March 29, 2019.
In the event of a Brexit
During the deferral period and until its end, the situation for said British nationals would be that of the status quo: the United Kingdom would indeed remain a Member State of the European Union and would continue to be subject to European Union law.
British nationals could then continue to reside and work in France under the same privileged rules that apply to all citizens of the European Union (freedom of residence and settlement on the territory, no work permit required, etc.)
If, at the end of this deferral period, a withdrawal agreement were adopted between the United Kingdom and the European Union, this withdrawal agreement would then establish a transition period during which the United Kingdom would continue to be subject to European Union law, but would lose its status as a Member State and the political rights attached to that status.
As it stands, the draft negotiated withdrawal agreement provides for a transition period extending until December 31, 2020.
During this transition period, nothing would change for British nationals (nor for those of the European Union): they would continue to benefit from the principles of free movement and freedom of establishment in a Member State.
At the end of this transition period, relations between the United Kingdom and the European Union would then be defined by the measures provided for in this withdrawal agreement, supplemented by a possible trade agreement.
In the draft negotiated withdrawal agreement, it is currently envisaged that British nationals already established in a Member State of the European Union will retain their status: they will be able to continue to reside and work there as before.
Case where Brexit occurs on March 29, 2019
This option, which is the most feared, was recently rejected by the British Parliament.
However, it remains a serious matter, insofar as representatives of the European Union could refuse the British government's request to postpone the Brexit .
In such a situation, on March 30, 2019, without a transition period, the United Kingdom would become a third country of the European Union and relations between these two entities would be governed by the rules of the World Trade Organization.
In concrete terms, this would mean, between the United Kingdom and the European Union member states, a re-establishment of customs formalities and the end of the free movement of people and goods as well as the freedom of establishment.
However, in anticipation of a possible withdrawal of the United Kingdom from the European Union without an agreement, France adopted on February 6, 2019 an order containing various measures in favour of British nationals residing and working on its territory.
This order, which would only apply in such a situation, provides in particular that British nationals residing regularly on French territory will benefit from a transitional period of three months to one year (a decree is to specify the duration) from the date of withdrawal of the United Kingdom, during which they will continue to enjoy their rights of residence and work in France.
At the end of this transitional period, they will be able to apply for a residence permit giving them authorization to reside and work in France, which will be granted to them as a matter of right, provided that they apply for it, according to the following procedures:
- British nationals who have been legally residing in France for more than five years will be able to obtain a resident card;
- British nationals who have been legally residing in France for less than five years will be eligible for a four-year residence permit for those with a permanent employment contract (CDI) and a one-year permit for those with a fixed-term contract (CDD). These residence permits are renewable.
