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Can you buy a property in France and claim residency if you live outside the EU? Since January 2021, UK citizens living outside of the European Economic Area (EEA) no longer have the freedom to move around Europe. However, this does not apply to family members of European citizens.
Under European law, if an EEA citizen meets the requirements for a right of residence, they can bring family members with them or later join them, even if they are not EEA citizens.
In reality, family members from a “third country” that is not in the EEA have the same rights as European citizens when it comes to living in Europe. If they have a work pass, they have the same rights as people who are from the EEA.
If they are from an EEA country, family members of EEA residents can enter and stay in France with a legal passport or ID card, as long as they are traveling with their EEA spouse.
For up to three months, they only need to have EITHER of the following:
- A passport;
- a visa if they are from a country that needs one; or
- a residence card from a Member State that says “carde de séjour de membre de la famille d’un citoyen de l’Union” (residence card of a family member of a citizen of the Union).
Since January 2021, UK citizens living outside of the European Economic Area (EEA) no longer have the freedom to move around Europe. However, this does not apply to family members of European citizens.
Under European law, if an EEA citizen meets the requirements for a right of residence, they can bring family members with them or later join them, even if they are not EEA citizens.
In reality, family members from a “third country” that is not in the EEA have the same rights as European citizens when it comes to living in Europe. If they have a work pass, they have the same rights as people who are from the EEA.
If they are from an EEA country, family members of EEA residents can enter and stay in France with a legal passport or ID card, as long as they are traveling with their EEA spouse.
If family members from a third country want to stay longer than three months, they need to apply for a residence card.
You don’t need an entry visa, but you must apply for a carte de séjour within three months of your arrival. A late application, on the other hand, cannot be a reason to not give a residence permit. Alternatively, you can use the standard France-Visa page to apply online before you go to France.
The people in question must show that they are related to the European national. They have to be one of these:
Who can come with them?
- Their partner;
- their children under 21;
- their children over 21 as long as they count on the European citizen;
- their parents or grandparents as long as the European citizen is responsible for their care.
Other people who have a connection may also be looked at on their own.
In particular, a European citizen’s single partner will be looked at, as long as they can show that they are in a serious, long-lasting partnership. As a registered civil partner, you must have lived together for at least one year. As a free union member, you must show proof that you have lived together for at least five years.
The European citizen may also think about family members who are seriously ill and need help, as well as those who they are responsible for or care for.
According to European law, the authorities must give you a pass quickly. French law says that this should happen “dans les meilleurs délais et dans le cadre d’une procédure accélérée.”
If the partner is French, an application can only be turned down if it is fraudulent or if the person is a threat to public order. The same broad rules are used for people from other EEA countries.
If the EU citizen doesn’t have a job, they must show that they have “sufficient resources,” which means they make at least the minimum pay of €1,200 net per month and don’t use up too much of their social security benefits. They must also show that they have health insurance.
The resources can include the EU citizen’s, and a short-term policy should usually be enough for the first health insurance need. However, if the spouse works or has their own business, no special health insurance is needed. Still, it’s a good idea to wait to buy a policy until the husband can use the State’s health system.
If they are going to be paid or run a business, they need to show proof that they have a job or a good business idea, unless they are going to join an existing business with their spouse or partner.
The residence card that is given out says “Carte de séjour de membre de la famille d’un citoyen de l’Union/EEE/Suisse –Toutes activités professionnelles.” Its length of time is the same as the host family member’s right to live there, but it is usually given out for five years. The card is free as long as the application is made within three months of entering France.
Application processing times are often longer than imagined because prefectures can’t always handle them as quickly as they should. Because of this, you should always keep a copy of the brief permission you will have been given, which is called a “récépissé de demande de titre de séjour.” If you have this paper, you can stay in France until your application is decided.
After five years of legal residence, a person can get the right to live there permanently.
Death and Splitting Up
The person who is not from Europe still has rights even if the person who is from the EEA gets divorced or dies.
In the event of death, you must usually have lived in France for at least a year, but this requirement can be lifted.
For divorce, the government usually wants the couple to have been married for at least three years before they can start the divorce process. But this condition may not be needed if the non-European citizen is going to get care of the children. The condition may also not be met if the split was caused by the European national’s violent behavior.
If the EU citizen is French, the partner from a third country still needs a visa to enter France for more than three months, even though it is usually just a formality. They can use a visa de long séjour/visa de long séjour valant titre de séjour (VLS-TS) to do this. After getting the first one, they need to apply for a residence permit, which is called a “carte de séjour temporaire vie privée et familiale.” In the future, they can ask for a pass to live there permanently.
