ILR....do i need residence card to live in france?

[Kerry_H]

hello...i'm new to this forum. after reading other posts it seems that there are many knowledgeable people that have great information to offer! i'm hoping you might be able to help me with my situation.

i'm an american with an ILR from the UK. i'm married to a british citizen. we have a house in france and go back and forth between the UK and france for extended periods. up until now i've thought that my ILR status was enough for freedom of movement and residence with my EU husband. however, after reading other posts it appears i may need a residence card. is this correct? if i apply will it be a problem that i've been here previously without applying?

thanks in advance....kerry

[sakura]

ILR is not citizenship so does not give you any rights to live freely in the EU/EEA. It is only for the UK.

You would need a residence card/permis de sejour (under the Eurpean Directive 2004/EC/thirty-eight) to live in France, depending on how long you wish to remain in France - i.e. you might not need to apply for one.

[Kerry_H]

thanks sakura....i thought under the directive i had freedom of movement as a non-eu family member. i'm a bit confused.

i plan to be here in france for at least a year (with trips back to the UK...but not every 3 months).

[Christophe]

Kerry_H, how long have you lived in the UK? Are you eligible to apply for naturalisation? If so, that would ease your situation. And you are aware that you would be able to retain your US citizenship if you naturalised as a British citizen?

[Kerry_H]

christophe....i've lived in the UK for 7 1/2 years. and unfortunately i was not successful in my application for naturalisation. i was out of the UK 327 days in the 3 year period and the were not willing to use discretion. very, very frustrating and costly! it would certainly make life easier if i had a bristish passport.

[sakura]

christophe....i've lived in the UK for 7 1/2 years. and unfortunately i was not successful in my application for naturalisation. i was out of the UK 327 days in the 3 year period and the were not willing to use discretion. very, very frustrating and costly! it would certainly make life easier if i had a bristish passport.

That's a shame.... Do you know how long you would have to wait before being able to apply successfully?

In my first post - I meant that your ILR doesn't confer any right to reside in the EU/EEA. But you being married to a Union citizen confers right. Usually, you need to apply for a residence card to reside with your Union citizen spouse. But, it is a bit unclear (for me) whether you are legally required to apply for this or if you can remain in France without ever applying. If you are in France now, I think you can submit an application for the permis de sejour, and it should be granted.

[Kerry_H]

it's unlikely that i'll be in the UK for the required number of days anytime soon. so at this point i've given up on naturalisation to the UK.

if i'm able to stay here legally without applying for the permis de sejour, that's what i would prefer. i've never but questioned entering france and in the past 7 years i've had two other lengthy stays (9 mo and 13 mo). i plan to make sure i retain my ILR status by not being out of the UK for more than 2 years.

[sakura]

it's unlikely that i'll be in the UK for the required number of days anytime soon. so at this point i've given up on naturalisation to the UK.

if i'm able to stay here legally without applying for the permis de sejour, that's what i would prefer. i've never but questioned entering france and in the past 7 years i've had two other lengthy stays (9 mo and 13 mo). i plan to make sure i retain my ILR status by not being out of the UK for more than 2 years.

The problem is that...it might make life difficult without some sort of visa/sticker/form proving your status. Imagine if you want to work, or open a bank account, or see a doctor. If they ask you for your passport, there is no proof that you are entitled to reside in France, and most of these people won't accept a print out of the Directive. (Although maybe none of these issues apply to you.)

So, since the application is free and will cover you until you obtain permanent residency (5 years), it would probably make sense to apply for it, if you plan to be in France long-term.

[Kerry_H]

it looks like applying for residence does make sense. has anyone done this recently in france? looking at various websites...i'm not seeing an application form...but rather instructions of documents to present at the Préfecture.

from http://france.angloinfo.com/countries/f ... idency.asp

"Non EU-national family members
The non-EU spouse, children under 21 and parents of an EU citizen in France are entitled to live and work in the country but require a residence permit (Carte de Séjour). Application must be made at the Préfecture, within two months of entry in to France. A receipt (récépissé) is issued on application and a residency permit with the right to work (CE membre de famille, toutes activités professionnelles) is sent within six months of application. The permit is valid for up to five years; it must be renewed at least two months before the expiry date. It is issued at no cost.

Documents required (originals and at least 2 copies) for the application are:

* Documents allowing entry into France (passport and visa)
* Document proving the family relationship (marriage certificate, birth certificates)
* Proof of address (utility bill, deeds, rent receipt or a declaration by a legally resident family member that they are providing accommodation)
* Proof of EU family member's employment, proof of own employment or proof of financial resources and health insurance

Also:

* Details of parents, and mother's maiden name will be requested; have the information at the ready
* The EU family member's passport (and photocopies) may be required
* Translations of birth and marriage certificates not in French may be required
* Two stamped, self-addressed envelopes are sometimes, but not always, required"

this looks pretty straightforward with the exception of providing information for your health insurance. i've not had a problem accessing health care here previously using my EU healthcard, but i think they are saying you much have private insurance.