French Immigration Lawyer in Nice (Alpes-Maritimes): What Changed for British Nationals Since Brexit

What British nationals need to know since Brexit

Since 1 January 2021, British nationals are no longer treated as EU citizens for immigration purposes.

They are now considered third-country nationals under French immigration law, except where the Withdrawal Agreement applies.

This change has had significant consequences for visas, residence permits, family members and property owners in France.

Long-stay visas are now required for stays over 90 days

British nationals wishing to stay in France for more than 90 days (in mainland France or overseas territories) must now apply for a long-stay visa before entering France.

This requirement applies to all categories, including:

• professionals and self-employed individuals,

• students,

• “Passeport Talent” holders,

• ICT workers,

• au pairs,

• visitors,

• family members,

• spouses of French nationals.

Short stays remain limited to 90 days within any 180-day period, in line with Schengen rules.

Specific rules for owners of second homes in France

British nationals who own a second home in France are subject to a specific legal framework:

• For stays between 3 and 6 months, the property is not considered a main residence. A temporary long-stay visa (VLS-T “visitor”) is required.

• For stays exceeding 6 months, the property is considered a main residence for the year concerned, and a long-stay visa equivalent to a residence permit (VLS-TS “visitor”) is required.

These situations often require careful legal assessment, particularly in relation to the Withdrawal Agreement.

Family members of British nationals

Family members who are third-country nationals no longer qualify for a “family member of an EU citizen” visa when linked to a British national.

They are now subject to:

• the Schengen Visa Code for short stays,

• and must apply for a long-stay visa if they wish to settle in France.

Visa fees and service charges now apply, except for individuals protected by the Withdrawal Agreement.

End of recognition of UK-issued EU family residence cards

Residence cards issued by the UK as “EU family member” cards no longer allow visa-free entry into France since 1 January 2021.

A visa is now required to enter or settle in France.

Airport transit visa requirements

Certain nationalities are now subject to an airport transit visa requirement, including when travelling as family members of British nationals.

Legal assistance for British nationals

Brexit-related immigration rules remain complex and highly dependent on individual circumstances, particularly for families, property owners and long-term residents.

Maître Lou Bessis-Osty, French immigration lawyer based in Nice, advises and assists British nationals and their families in determining the appropriate visa, residence status and legal strategy under French immigration law.