France Rights - the website of British in Europe (France)
  • 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

what's not included
in the withdrawal
​agreement.

This is the fifth article about the Withdrawal Agreement and how it affects you as a British citizen living in an EU country.

In this article we take a look at what is not covered by the Withdrawal Agreement.

Other articles look at 
What the Withdrawal Agreement is (and what it isn’t);
Residence rights and procedures; 

Health care, pensions and social security;
Working rights, professional qualifications and family reunification;
Frequently asked questions.

WHAT ISN'T INCLUDED IN THE WITHDRAWAL AGREEMENT?

Continuing free movement

Continuing freedom of movement – which includes the ability to move, reside and work in EU27 countries other than your country of residence/frontier working, as well as other rights such as automatic visa-free travel. Our current rights of free movement end at the end of the transition period.

Any future rights to move within the EU would be determined by the future relationship negotiations between UK and EU. As things stand at present, you would be able to spend no more than 90 days in every 180 days outside your host country and within the Schengen area, without applying for a visa or residence.

Providing cross-border services

Currently, if you have a registered business providing services (for example, as an architect or tour guide) in France, you have the right to offer those services in another EU country without setting up a company or branch there. However, the loss of free movement rights will also mean that you don’t have an automatic right to work cross-border or offer these cross-border services in other EU countries that you have currently, unless you meet the conditions as a frontier worker.

The basis on which you might be able to do this in future will depend on what services you are offering, whether you have to provide them physically in the other EU country, as well generally on national rules in France and the countries where you wish to provide services. This is a complicated area and you will need to research and obtain advice on your individual case.
​
Picture
Picture

Some professional qualifications ​​

If you are currently registered as an EU lawyer practising under your home title (England and Wales, Scotland or Northern Ireland), your continuing right to do this will not be covered by  the WA, unless the local bar in France decides otherwise. 

If, on the other hand, you are registered as a host country lawyer in France , having obtained recognition of your qualifications and the right to practise as a host country lawyer there before the end of the transition period, your registration, membership and practice rights are covered by the WA and you’ll be able to continue practising here.

If you’re currently practising under your home title, you should consider applying to become registered in your host country as a host country lawyer before the end of the transition period as soon as possible.

The recognition of EU-wide licences and certificates is not covered by the WA.
​

Future spouses

​The right to be joined by a future spouse or partner – ie one that you weren’t already in a relationship with at the end of the transition period. Any future spouse or partner who is not themselves an EU citizen would have to apply for residence under national immigration rules as a third country national, and would not acquire rights under the WA.

Returning to the UK with a non-British spouse or family member

The right to return to the UK under the much more favourable EU law regime - you may know this as Surinder Singh rights - is not covered by the WA. This means that British nationals wanting to return to the UK with a non-British spouse or close family member will face and have to comply with UK national immigration law.

The new immigration rules on returning UK citizens that were published by the UK on 9 September 2019 provide a grace period in the following situations:
​
  • UK citizens can return to the UK with their non-British spouse, civil partner or durable partner where these relationships were formed before Brexit day, as long as they do so before 29 March 2022.

  • UK citizens can return with their non-British spouse or civil partner where their relationships were formed after Brexit day, as long as they do so before 11 pm on 31 December 2020.

  • UK citizens can return with their non-British durable partner where their relationship was formed after Brexit day, as long as they do so before 11 pm on 31 December 2020.

  • UK citizens can return with their non-British child or dependent parent, or the non-British child or dependent parent of their spouse or civil partner, as long as they do so before 11 pm on 29 March 2022. If the British citizen married or entered into a civil partnership after Brexit day and they want to return with the non-British child or dependent parent of the spouse or civil partner, then the return date changes to 11 pm on 31 December 2020.

  • UK citizens can return with a non-British dependent relative other than a parent, so long as that family relationship and the dependency existed before their return to the UK. Their return to the UK must occur before 11 pm on 31 December 2020.

Voting and political rights
​

The WA doesn’t cover the right to vote in municipal elections in your host country, to stand as a local councillor, to vote in European elections or to participate in European Citizens’ Initiatives. These rights end at the moment of Brexit, on 31 January 2020, and unlike the rest of your citizens’ rights don’t continue during the transition period.

Some countries may enter into bilateral agreements with the UK to maintain voting rights for its own citizens in the UK and for British citizens who are resident there, or indeed could unilaterally continue to let British citizens vote and stand in local elections. However, France has not done this and we think it remains unlikely to do so.

IMPORTANT: this explanation is designed to help British people in France by giving them a general overview of the Withdrawal Agreement and our understanding of its provisions. Anyone who wants advice on the Withdrawal Agreement on which they intend to rely should consult a practising lawyer. We are a campaigning group and not in a position to give legal advice. British in Europe and France Rights are unable to accept liability for any loss or damage sustained directly or indirectly as a consequence of any statement or omission in this explanation.
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