Handling the consequences of Brexit
Published on : 19/01/2021 19 January Jan 01 2021
December 31, 2020 marked the end of the transition period following the United Kingdom’s withdrawal from the European Union.
An agreement was found at the eleventh hour, and it comes on top of a host of decrees. This all has important consequences for British nationals working and residing on the French territory. This means that it’s vital that businesses and workers in France prepare for the coming months.
Employers in France have a responsibility to ensure that their staff possess the appropriate documentation to be employed in France.
Individuals must ensure that they are legally allowed to reside and work in France.
There are criminal and administrative sanctions for failure to comply with such rules.
British nationals living in France since before 31 December 2020 can benefit from the withdrawal agreement and can continue to reside in France. They are entitled to a ‘withdrawal agreement’ residency permit of either 5 years (if they have lived in France for less than 5 years) or 10 years (if they have lived in France for more than 5 years).
All British nationals in France have until July 1, 2021 to apply for a residency permit.
They will need to prove that they have the appropriate permits starting on October 1, 2021.
The process is carried out exclusively online at https://contacts-demarches.interieur.gouv.fr.
No paper files are handled by the administration.
All this means that HR departments should reach out to their employees who are British nationals to remind them of their obligations and the options available to them.
It is quite likely that these employees will also need assistance from HR and payroll in assembling the appropriate and relevant paperwork for their residency permit application.
Of course, there are other possible situations. For example, British nationals married to a French citizen will see specific rules and processes apply to them.
Also, British nationals who move to France after January 1, 2021 cannot benefit from the withdrawal agreement and the common laws on the entry and residence of third country nationals apply. They will therefore need to submit an application for a Long Stay visa if they are staying more than 90 days in France.
Through the withdrawal agreement, Britons who resided in France before December 31, 2020 do not need a work permit, even if they change employers.
Only those who moved to France on or after January 1, 2021 will be required to apply for a work permit.
Flichy Grangé Avocats can assist you with the employment law and immigration matters raised by Brexit.
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