Did you take up residency in France before the end of the Withdrawal period? Were you granted a 5-year residency card (WARP)? As we approach the 5-year anniversary, for many of our readers here is what you need to know about acquiring your permanent rights and your ten-year card. There is a difference; read on to find the answer.
For those who acquired a 5-year WARP, most have an expiry date during 2025 and 2026. The Brexit Withdrawal Agreement gives those who had lived in France for under 5 years at the time of application the right to remain living here and to build up the requisite 5 years of residence, in order to obtain permanent rights. Article 16 of the WA sets out this right. Here is a link to the Agreement .
Article 15 (and 16) set out that one must have been living and continue to live in France in accordance with the Freedom of Movement Directive 2004/38/EC. ‘Resided legally’ means living in accordance with Directive 2004/38/EC. Article 7 is the relevant part of that Chapter.
Assuming you have continued to live in France in accordance with this Directive, you will acquire/have acquired permanent rights on the 5th anniversary of the start of your residency in France. This is the date you became resident and is the date you entered on the WARP application form. It is not the date written on the front of your card, which is actually the date your WARP card was issued.
If you have already passed the date that you entered on the WARP application and have been living in accordance with the freedom of movement directive, you have already acquired your permanent rights. You do not need to renew or exchange your card until nearer the expiry date on your WARP card.
The vast majority of 5 year card holders will not need to renew their cards until 3 months before their expiry date. The French government are developing an online portal through which applications can be made. Once the details of this have been issued, we will provide all the necessary information.
If you have any questions about your residency /rights please email us on info@franco-british-network.com