France Rights - the website of British in Europe (France)
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applying now for a WA
​residence permit.

​ There are 3 situations in which an application for a residence permit may still be made.
  1. You were unable to apply before the deadline (4 October 2021) but were legally resident in France at the end of the transition period, 31 December 2020.
  2. ​You have reached the age of 18 and now need to apply for your first permit.
  3. You are a close family member arriving to join a WA beneficiary and you are also within scope of the WA (see here).

All applications must be made to your local préfecture. Different préfectures have different procedures, so it's best to check their website.

Unable to apply before the deadline

  • If you were resident in France on 31 December 2020 and you have not yet applied for a residence permit, you lose your right to reside here from 1 January 2022 and you become an 'undocumented migrant'. You may still be able to apply for a WA residence permit if (and only if) you have reasonable grounds for not applying within the deadline.

  • There are no clearly written guidelines for what constitutes reasonable grounds but the French authorities have made it clear that they would be looking for cases where a person was clearly unable to apply, rather than just did not apply: so health problems, force majeur etc. The WA states that authorities must take into account 'all the circumstances and reasons' and that your application must be treated in 'a proportionate manner'.

  • If this applies to you, you need to contact your préfecture urgently to make a late application, and provide as much evidence as you can to show why you were unable to apply within the allotted time period. Note that ignorance of the need to apply is unlikely to be accepted as a reasonable ground unless it is accompanied by another reason.
    ​
  • If your application is rejected and you want to remain in France, you would need to apply as a third country national under France's national immigration rules (droit commun), in the same way as someone arriving for the first time. This may, depending on your préfecture, require you to return to the UK to apply for a visa.

You have reached the age of 18

  • When you reach the age of 18 you're required to hold a WA residence permit, so you should apply two or three months before your 18th birthday.
    ​
  • If you are 16 or 17 and you need a permit for work or training purposes, you may also apply for a WA residence permit.

You are a close family member joining a WA beneficiary

  • See this guide for details of exactly which close family members fall within the scope of the WA.

  • If you are coming to France from the UK, you do not need to apply for a visa but you must apply for your WA residence permit within 3 months of your arrival.
    ​
  • If you are arriving from a country from which a visa is required to enter France, you must apply for this and then apply for your WA permit within 3 months of your arrival.
France Rights has now ceased its active work and this website remains open for information only.
The information provided on this website is for personal use only and may not be used for commercial purposes.
We are experienced in citizens' rights but are not lawyers and do not give personal, legal or immigration advice, not can we advise on any legal matters relating to your rights.
The information in this website is for general guidance on your rights and responsibilities and is not legal advice. If you need legal advice on what action to take, please consult an avocat.
Please note that France Rights ceased its activities with effect from January 2022 and while the website will remain open until the middle of 2022 for information purposes, it will not be updated.​
​

© COPYRIGHT Kalba Meadows, France Rights 2019-22. ALL RIGHTS RESERVED.
  • Home
  • WA residence permits overview
    • Haven't received your permit
    • Applying now for a permit
    • Difficulties and refusals
    • Dual UK and French nationals
  • Withdrawal Agreement
    • Residence rights and procedures under the Withdrawal Agreement
    • Health, pensions and social security
    • Working rights, professional qualifications and family reunion
    • What's not included in the Withdrawal Agreement
    • Withdrawal Agreement FAQ
    • Easy reading guides to the Guidance Note
  • Other France info
    • Moving to France from January 2021
    • The health care system >
      • Heath care under the Withdrawal Agreement
    • French citizenship
    • Change of name
  • Archive
    • The application process
    • More than 5 years with CdS permanent
    • More than 5 years without CdS permanent
    • Less than 5 years and employed
    • Less than 5 years and self employed
    • Less than 5 years and a jobseeker
    • Less than 5 years and work in another country
    • Less than 5 years and a student in France
    • Less than 5 years and retired or otherwise inactive