French court blocks plan to scrap 90-day visa rule for British expats (2024)

The news comes as a blow to the roughly 86,000 British people who own a second home in France.

French court blocks plan to scrap 90-day visa rule for British expats (1)ADVERTIsem*nT

A new law which would have allowed British second-home owners an automatic long-stay visa has been rejected by a French court for being “unconstitutional”.

The amendment to an immigration bill would have let British expats with a second home or holiday home in France stay for more than 90 days without needing a visa.

It had already passed through the two houses of the Senate but was rejected for being unconstitutional and having no direct or indirect link to the immigration bill.

The decision to reject the amendment is final as there are no appeals in France’s Constitutional Court.

How long can British expats stay in France?

The rejection of the amendment will come as a blow to the roughly 86,000 British people who own a second home in France.

After Brexit, UK citizens became third-country nationals to the EU and lost their right to stay indefinitely. They are now only able to stay in France for 90 out of every 180 days unless they apply for a temporary long-stay visa which lasts up to six months at a time or permanent residency.

If they stay for longer without a visa, they could face a ban and expulsion from France and the rest of the EU.

It is also tough for those who may have expected visa rules to be eased after the amendment was proposed.

In the three weeks after it was tabled, there was a 582 per cent increase in people inquiring about properties in France according to UK-based international property portal Kyero.

Why did French politicians want to let Brits stay for longer?

In November, French senator Martine Berthet said that preventing Brits from contributing to local economies in the country would add to the growing number of empty properties in tourist areas. She tabled the amendment after complaints from British citizens living in her department, Savoie in the French Alps.

Brexit has meant many Brits with second homes in France, Italy and Spain have been visiting less as extended stays now require a visa. For some, the added paperwork and visa requirements have led them to sell their properties.

Around 177,000 British citizens live full-time in France with a residency permit, making up an estimated 24 per cent of foreigners living in the country, according to a survey by expat community InterNations.

French court blocks plan to scrap 90-day visa rule for British expats (2024)

FAQs

French court blocks plan to scrap 90-day visa rule for British expats? ›

A new law which would have allowed British second-home owners an automatic long-stay visa has been rejected by a French court for being “unconstitutional”. The amendment to an immigration bill would have let British expats with a second home or holiday home in France stay for more than 90 days without needing a visa.

Is France getting rid of the 90 day rule? ›

Unfortunately, in what will be seen as a major blow by some, a French court rejected the amendment to its immigration law, ruling it to be unconstitutional.

What is the French court blocks plan? ›

French court blocks plan to allow British expats to stay in France for longer than 90 days without visa. A French court has blocked a law which would have allowed British expats to stay in France for longer than 90 days without a visa.

How to beat the 90 day rule and live in France? ›

However, if you want to stay longer than 90 days at a time, then you will need to apply for a visa. A long stay visa is basically a sticker or a stamp which is entered onto your passport by the French Consulate in your home country, which allows you to enter France and stay here for pre-determined time.

How can second home owners spend more than 90 days in France after Brexit? ›

Second-home owners resident in the UK or other non-EU countries will need a long-stay visa to stay in France for longer than 90 days. For those who intend to visit France only and not become resident, the easiest option is to apply for a visa de long séjour temporaire visiteur or VLS-T Visiteur.

Will the 90-day rule ever change? ›

Although adjustments to the 90-day rule are under consideration, the outcome is still uncertain. These changes could significantly impact travel, residence, and economic interactions between the UK and Spain if approved.

What is the tax shock for Brits with second homes in France? ›

The 17.2% tax surge post-Brexit: what it means for you

The 17.2% surge refers to an increase in the overall tax liability for non-resident property owners in France, particularly concerning social contributions on capital gains.

Is anatomy of a fall realistic? ›

Although Anatomy of a Fall excels in its realism, it's not entirely accurate.

What is the French blocking law? ›

Generally speaking, the Statute prohibits any French party from disclos- ing commercial information whether originating from France or elsewhere in foreign litigation, absent a French court order.

Is it safe to go to France at the moment? ›

Be vigilant in public places and follow the advice of local French authorities. There have been several recent high-profile terrorist attacks in France, including: in 2023, one person was killed in a knife and hammer attack in central Paris. in 2023, a teacher was killed in a knife attack in a school in Arras.

How is the 90-day rule checked? ›

Basically, count back 180 days and see how many of those days you've spent in the Schengen zone; if you're over 90 days, you've broken the 90/180-day rule. You can correctly calculate the number of days in the Schengen area by using the Schengen short-stay visa calculator.

Can Brits still move to France? ›

Since 1st January 2021, it is no longer possible for British nationals to move to France and live freely as other European citizens. The end of free movement as a result of Brexit has meant that it is now far more difficult for British citizens to move to France, although it is not impossible.

How long after 90 days can you go back to Europe? ›

What is the Schengen 90/180 rule? Under the terms of Schengen, non-EEA nationals cannot spend more than a total of 90 days within a total period of 180 days without a visa. Furthermore, once you've used up your quota of 90 days, you cannot return to Schengen until 90 more days have passed.

Will France drop the 90 day rule? ›

A new law which would have allowed British second-home owners an automatic long-stay visa has been rejected by a French court for being “unconstitutional”. The amendment to an immigration bill would have let British expats with a second home or holiday home in France stay for more than 90 days without needing a visa.

Can I get a visa to stay in France for 6 months? ›

Temporary long-stay visa: valid for 4 to 6 months

This visa lasts between 4 and 6 months maximum. It is worth a temporary authorization to stay in France.

What is the new visa for a second home owner in France? ›

France's upper house of parliament has decided to approve a bill giving British second-home owners an automatic long-stay visa right without any formalities.

Can Americans stay in France longer than 90 days? ›

For any stay in France exceeding 90 days, you are required to apply in advance for a long-stay vis. In this instance your nationality does not exempt you from requirements. Whatever the duration of your planned stay, the duration of your long-stay visa must be between three months and one year.

Is Spain getting rid of the 90-day rule? ›

However, Spain is now looking to scrap this rule for UK holidaymakers. According to Spain's Tourism Secretary Fernando Valdés, the 90-day restriction goes against Spanish interests. “Unfortunately, [the rule] is not something Spain has established by itself or can get rid of,” he said to i newspaper.

What happens if you exceed 90 days in France? ›

Whatever the duration of their planned stay, travellers will be granted a visa for a duration of three months up to a maximum of one year. In order to extend their stay beyond this period, they must apply for a residence permit at a local Prefecture in France.

What happens if an American stays more than 90 days in Europe? ›

Penalties for Overstaying Your 90 Days in the EU

All of the member states apply at least one of the following types of penalties for overstaying a Schengen visa or a permitted stay. Penalties for overstaying can include fine, deportation or entry bans. These bans range anywhere from a few months to several years.

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