March 29, 2019, the day of an event that will undoubtedly mark a turning point in the history of the European Union, the so-called Brexit .
It is 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 organized on its territory, will come to an end.
Despite the proximity of this deadline, the situation remains extremely uncertain on the terms of the United Kingdom's exit from the European Union and the very dreaded hypothesis of a withdrawal without an agreement, the so-called hard Brexit , is becoming more and more serious.
However, this uncertainty reflects on the fate of British nationals living and working on French territory: what will happen to their status the day after the date on which Brexit is supposed to take place? Will French companies be able to continue to employ them normally, without any particular formality?
Two options are now open after the failure of the British government to have its Parliament adopt the withdrawal agreement negotiated with the representatives of the European Union:
- A postponement of the Brexit , which could notably occur if, by March 29, the British government succeeds, by dint of insistence, in having its Parliament adopt the withdrawal agreement negotiated with the representatives of the 'European Union ;
- Brexit March 29, 2019 without a withdrawal agreement between the United Kingdom and the European Union (case of hard Brexit ).
The status of British nationals on French territory will depend on the option that will be made on March 29, 2019.
In the event of a postponement of the Brexit
During the postponement period and until the end of it, the situation for the 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 the right of the European Union.
British nationals could then continue to stay and work in France according to the same privileged rules that apply to all citizens of the European Union (freedom of residence and settlement on the territory, absence of work authorization, 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 put in place a transition period during which the United Kingdom would continue to be subject to the of the European Union, losing however the quality of Member State and the political rights attached to this quality.
As it stands, the draft negotiated withdrawal agreement provides for a transition period 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 provided 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 on March 29, 2019
This option, which is the most dreaded, was recently rejected by the British Parliament.
However, it remains serious, insofar as the representatives of the European Union could refuse the request of the British government to postpone the date of 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 persons 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 ordinance on various measures in favor of British nationals residing and working on its territory.
This ordinance, which would only apply in such a situation, provides in particular that British nationals residing regularly on French territory benefit from a transitional period which will range from three months to one year (a decree must specify the duration) from of the date of withdrawal from 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 of right, provided that they request it, according to the following procedures :
- for British nationals who have resided regularly for more than five years on French territory, they will be able to obtain a resident card;
- for British nationals who have resided regularly for less than five years on French territory, they will be able to obtain a residence permit for a period of four years for those who have a permanent contract and for a period of one year for those who have a CDD. Said residence permits may be subject to renewal.
