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British nationals: Remaining in France at the end of a CERN contract

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British nationals: Remaining in France at the end of a CERN contractthortalaFri, 05/21/2021 - 14:00

On 31 December 2020, the transition period following the United Kingdom's withdrawal from the European Union ("Brexit") came to an end. As of 1 January 2021, British nationals no longer enjoy free movement within the European Union and are subject to the rules applicable to third countries (see https://brexit.gouv.fr/sites/brexit/accueil/ce-qui-a-change-au-01-01-2021.html). From 1 October 2021, all British citizens residing in France will be required to hold a residence permit.

Pursuant to the withdrawal agreement between the United Kingdom and the European Union, which entered into force on 1 February 2020, British nationals who were resident in France before 1 January 2021 have the right to continue to reside in France, subject to applying for a “withdrawal agreement” residence permit issued by a Prefecture (carte de séjour préfectorale "accord de retrait"). The validity of this permit will be either permanent or temporary, depending on the length of their stay in France prior to the above-mentioned transition period.

You are reminded that, for the duration of their contract with CERN, members of the personnel who are neither French nor permanent residents in France are required to hold a special residence permit (titre de séjour spécial) issued by the Ministry for Europe and Foreign Affairs and that this permit cannot be exchanged for a residence permit issued by a Prefecture. Members of the personnel who are British nationals are therefore not authorised to apply for a “withdrawal agreement” residence permit (see https://admin-eguide.web.cern.ch/en/procedure/french-cards).

However, the French authorities have confirmed that, when their contract with CERN terminates, former members of the personnel and their family members who were resident in France before 1 January 2021 will benefit from the conditions of the withdrawal agreement between the United Kingdom and the European Union. They will thus be able to obtain a “withdrawal agreement” residence permit issued by a Prefecture, subject to supplying an “attestation de restitution” issued by the Ministry for Europe and Foreign Affairs. Applications for this permit should be submitted:

- up to and including 30 June 2021: using the online platform https://contacts-demarches.interieur.gouv.fr/brexit/brexit-demande-titre-sejour/

- from 1 July 2021 onwards: to the relevant Prefecture directly.

Applications received by Prefectures after 30 June 2021 may not be processed in time for a residence permit to be issued by the 1 October 2021 deadline. Former members of the personnel are therefore advised to submit applications before this date using the above-mentioned platform.

Members of the personnel and their family members who are British nationals and who took up residence in France after 31 December 2020 are required to obtain a long-stay visa (see https://admin-eguide.web.cern.ch/en/procedure/visas-entry-and-stays-host-states) and will be subject to ordinary law if they wish to continue to reside in France at the end of their contract with CERN (see https://www.service-public.fr/particuliers/vosdroits/N110).

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