Written by Beth Nicholson,
20th November 2023

British holiday-home owners affected by the 90-day rule post-Brexit, were offered a glimmer of hope this week. This light came with proposed plans allowing for more flexible visas and freedom to spend lengthened time at their properties.

Following weeks of debate by French Senators and tweaking of the original proposal which would have extended to all non-EU property owners, a proposal was passed to consider its inclusion into the immigration bill. The bill will now be debated by the equivalent of MP’s in France at the “Assemblée Nationale” in December. After this point, a definitive decision will be made. As well as regarding other issues related to changes to existing French immigration law.

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There have been changes to the proposed second-home owner bill

Current ruling for second home owners

Brexit brought changes to the rights of British citizens, with regards to freedom of movement. The impact of some of these, were perhaps not previously considered by the voting public. But British holiday-home owners discovered quickly, to their cost and annoyance, new constraints applied to the time they could freely spend at their overseas properties. As it stands now, any non-EU citizen can only spend 90 days within any rolling 180 in France. This has caused specific problems for British holiday-home owners. Especially those who were used to the freedom and liberty of spending many months at any given time in their overseas properties. Many of them retired without the constraints of work commitments. It has also created confusion and consternation on the precise application of this rule. Including exactly how it works as well as the ramifications of non compliance.

At the moment, anyone who wishes to stay longer than 90 days, must apply for a “long-stay” visitor visa, which normally lasts between four and six months. This application is subject to a fee and also involves a fairly lengthy administrative effort.

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Why is this change being requested?

France was not responsible for changes that Brexit has created. The British public vote was. France very much recognizes that there are large numbers of Brits with holiday homes. These individuals spend their time and money here, particularly during the summer months. In areas such as the Dordogne, Brittany and Paris, the economic fallout of the new rules is evident. The country is all too aware of, and fully acknowledges, the impact of tourists and holiday makers bolstering their economy. Property owners not being allowed to stay for the length of time they wish, was clearly always going to reduce possible financial spend potential.

Additionally, it is argued that if this change is implemented, it will reduce increased burden on administrative staff both at the French consulate in the UK, as well as in the Visa offices of TLSContact.

The proposal

The proposed bill amendment is that any Brit who owns a holiday-home in France, should simply have automatic rights to an automatic long-stay visa without any further formality. The exact detail of how this would work has yet to be decided. However, it could potentially be purely by proving ownership of property in France.

The successful proposal was introduced by Martine Berthet. Senator of the Savoie region, in the Alps. Recognising that, as well as the “many technical issues” of the current visa application process, not only will local economies benefit from the proposed changes, but that the country also gains from the payment of property taxes. She also noted that it would serve to continue good relations between the two countries, which we have always enjoyed. This proposal follows one previously rejected, submitted by Senator Corinne Imbert, who asked for an automatic 5-year visa to be granted to all non-EU citizens owning property in France.

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Next steps

The next hurdle for the bill is facing the Assemblée Nationale in December, where it will be debated by the equivalent of British MPs. There will be no final decision made until after this. The proposal may just be agreed and passed through into law thereafter, or further amended, or in fact, simply rejected. While the feeling is that it is unlikely to simply be passed through, it is still the best chance for change. Bringing hope to all those British holiday-home owners for whom Brexit has genuinely changed the way they choose to live their lives.

Alternatively, talk to our team to be put in touch with a trusted visa specialist

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