As a citizen of an EU Member State, what are my rights regarding staying in France, either temporarily or permanently?
The current rights regarding residency in France, either on a temporary or permanent basis, differ depending upon whether or not the individual or family are members of an European Union (EU) State or not.
The European Parliament and Council Directive 2004/38/EC of 29 April 2004, established the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and amended Regulation (EEC) No 1612/68.
Within the Directive the following was also recognised:
Right to move and right of residence for up to three months All Union citizens have the right to enter another Member State by virtue of having an identity card or valid passport. Under no circumstances can an entry or exit visa be required. Where the citizens concerned do not have travel documents, the host Member State must afford them every facility in obtaining the requisite documents or having them sent.
Family members who do not have the nationality of a Member State enjoy the same rights as the citizen who they have accompanied. They may be subject to a short stay visa requirement under Regulation (EC) No 539/2001. Residence permits will be deemed equivalent to short-stay visas. For stays of less than three months, the only requirement on Union citizens is that they possess a valid identity document or passport. The host Member State may require the persons concerned to register their presence in the country within a reasonable and non-discriminatory period of time.
The right of residence for more than six months remains subject to certain conditions. Applicants must:
either be engaged in economic activity (on an employed or self-employed basis);
or, have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay. The Member States may not specify a minimum amount which they deem sufficient, but they must take account of personal circumstances;
or, be following vocational training as a student and have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay;
or, be a family member of a Union citizen who falls into one of the above categories.
Residence permits are abolished for Union citizens. However, Member States may require them to register with the competent authorities within a period of not less than three months as from the date of arrival. Proof of registration will be issued immediately on presentation of:
An identity card or valid passport;
Proof that the above conditions are complied with. Union citizens engaged in training must show, by means of a statement or any other means, that they have sufficient resources for themselves and for the members of their families to ensure that they do not become a burden on the social services of the host Member State. This will be sufficient to prove that they comply with the resources condition.
Family members of Union citizens who are not nationals of a Member State must apply for a residence permit for family members of Union citizens. These permits are valid for at least five years from their date of issue.
The death of the Union citizen, his or her departure from the host Member State, divorce, annulment of marriage or termination of partnership does not affect the right of family members who are not nationals of a Member State to continue residing in the Member State in question, subject to certain conditions.
Union citizens acquire the right of permanent residence in the host Member State after a five-year period of uninterrupted legal residence, provided that an expulsion decision has not been enforced against them. This right of permanent residence is no longer subject to any conditions, other than those listed above in relation to residency longer than six months. The same rule applies to family members who are not nationals of a Member State and who have lived with a Union citizen for five years. The right of permanent residence is lost only in the event of more than two successive years' absence from the host Member State.
Union citizens who so request receive a document certifying their right to permanent residence. The Member States issue to third country family members’ permanent residence permits which are valid indefinitely and renewable automatically every ten years no later than six months after the application is made. Citizens can use any form of evidence generally accepted in the host Member State to prove that they have been continuously resident.
French implementation:
Décret n° 2007-371 of 21 March 2007
Family members of Union citizens who are not nationals of a Member State must apply for a residence permit for family members of Union citizens. These permits are valid for at least five years from their date of issue.
This decree is the legislative instrument by which the EU directive is transposed into French law. These national laws present the framework within which the relevant government departments must formulate their rules and regulations in order put these laws into effect. The laws themselves are clear: but the manner in which these laws are being implemented is not yet clearly established.
Implementation of these laws is the responsibility of the Interior Ministry, which acts through the Préfectures which represent the national government at the local level, and as such, exercise the powers that are constitutionally attributed to the national government. There is a Préfecture for each département.
The law follows closely the requirements of the directive.
How will this affect me?
This can be interpreted as:
Requirements**:
• All resident EU citizens, including dependent children and parents, must hold a valid passport or identity card, or children must appear on a parent's passport. • All arrivals in France who intend to take up residence should register with the local Mairie (Town Hall) within three months of arrival, including all family members. Failure to do so can result in penalties. • Subject to the above, all EU citizens have a right to remain in France for up to three months without any other limitations, provided that they do not become a burden on the social security services of the state.
** Décret n°2007-371 du 21 mars 2007 The notes within this section are therefore offered to the reader in good faith, but with the warning that the information given is likely change as events progress.
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