Thursday marked a disappointing day for second homeowners in France, as the Conseil constitutionnel rejected a new law that would have allowed them an ‘automatic long-stay’ visa.
France’s Conseil constitutionnel rejected the bill for second homeowners.
Get expert advice from an English-speaking lawyer.
What was the proposed plan?
Since Brexit, without a visa, Britons have only been able to stay in the Schengen Area for 90 days out of every rolling 180. For many Brits with second homes in France, this is not nearly enough time.
In November, Senator Martine Berthet (Les Républicains, Savoie) proposed an amendment to an immigration bill that would grant British second homeowners an ‘automatic long-stay visa’. With many British second homeowners having purchased their French property before Brexit, the 90-day rule has felt restrictive. Berthet argued that having several vacant properties just prevented expats from contributing to their local economies.
Currently, British second homeowners have to apply for a ‘temporary long-stay’ visa each time they want to stay for longer than three months. The proposed bill was meant to do away with these formalities and make staying in France for longer, easier.
Is there any hope left for the ‘automatic long-stay’ visa?
Pining to stay in France for longer?
There is no right of appeal with the Conseil, so the decision is final.
Having said that, while many parts of the new immigration law were rejected, this amendment was ruled unconstitutional on a technicality. The Conseil ruled that the idea’s inclusion was contrary to Article 45 of the Constitution. This article says that amendments to a bill must be linked to the ideas proposed in the original text presented to parliament.
However, speaking to Connexion, Berthet said that it was positive that the Conseil did not criticise the bill itself, just the technicality. So, she plans to present a new bill to tackle the issue at a later stage.
What does this mean for me?
Unfortunately, while we can cross our fingers that a bill eventually passes for second homeowners in France, for now, second homeowners will need to apply for a visa for longer stays. The visa that will suit you best will be dependent on your circumstances and how long you intend to stay in France. For second homeowners, a long-stay visa is a popular choice. It is used for stays of four months to a year.
You can get in touch with a legal expert to discuss your options.
Plus, you can download our guide to buying a property in France.
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