The French authorities have rejected a proposed amendment to the French Immigration and Integration Bill, which could have heralded positive news for British citizens that own a second home in France.
Had it been passed, the ‘automatic visa’ law would have enabled Britons living outside of France to enjoy at least six months in the country without the complex formalities of securing a visa.
The current Post-Brexit process of securing a long-stay visa has received criticism with commentators labelling it as both time-consuming and expensive.
But the decision by the French Conseil Constitutionnel that this proposed article of the Bill was ‘unconstitutional’ and therefore should not be passed is considered to be final, with no avenue for appeal, dashing the hopes of British buyers, with many keen to spend more time living abroad.
Visa limit remains
As it stands, there are approximately 60,000 British households that own holiday homes in France, many of which have been left frustrated by the need to secure a six-month visa to live in the country for longer than 90 days out of every 180.
In response to this, a number of groups and initiatives including ‘France Visa Free’ had been campaigning against the limit, arguing that Brexit has had a range of adverse effects, many of which have caused unfair punishment to the British people.
In contrast, all French citizens are allowed to stay in the UK for up to six months without a visa, regardless of whether or not they own a second home there. Campaigners argued that the same rule should apply to all British people in France, not just those that own a second property.
The proposed amendment to the Bill had triggered a noticeable wave of interest from second home bargain hunters, as those looking to purchase a second property stood to benefit from the revised legislation by the time the implementing decree was issued by the French Conseil d’Etat.. Sadly, this is not to be. However, prospective homeowners may not realise that it remains perfectly possible to live in France for longer periods of time, as long as the relevant visa is obtained.
French property grows in popularity
The appeal of purchasing a French property or chateau is understandable, as it gives people the option to live abroad for a few months of the year and rent it out when they return home. Whilst the average house price is £290,000 in Britain, that same amount can buy you a small castle in France – needless to say, the opportunities are vast. Prospective buyers must of course consider the potential for ongoing/additional costs, especially relating to any renovation work required to meet strict energy performance criteria, and local property taxes, so it’s important to conduct your own research before signing.
If you are looking to buy with the aid of a French mortgage, typically, you will be offered a fixed deal of ten years or more, with a large majority of property owners opting to rent all or part of the property to help pay some of the bills.
Whatever your plan is, it is vital that you seek legal advice from the outset of your property purchase to ensure a smooth process and a proper understanding of the relevant visa rules.
Seek legal advice early on…
British homeowners in France wishing to remain in France for longer than 3 months have had to follow the visa application process since end of the Brexit transition period on 1st January 2021.
Whilst the ‘automatic visa’ law promised enhanced freedom for homeowners, it now transpires that visa requirements are to remain in place.
However, visa-free visits to France and the Schengen Area are still possible for up to 90 days within a 180-day period and it is only stays beyond three months that require a Long Stay Temporary Visa (VLS-T).
A VLS-T can be applied for annually, starting at least 6 months after the expiry of any previous VLS-T. New VLS-T applications are accepted within 3 months of the intended date of departure from the UK, and the visa is valid for six months.
For stays of 6 months to a year, or longer, UK citizens need a long-stay visa equivalent to a residence permit (VLS-TS). A VLS-TS requires validation in France and if you wish to extend it without leaving France, residency must be applied for, bringing with it tax implications. For more information or advice on buying a property in France, contact our in-house team of legal specialists for support.
