Lifting the 90 day Visa Rule

[niemeyjt]

France visa boost for Brits with holiday homes who were 'punished by Brexit' as country looks to relax 90-day limi

source: https://www.dailymail.co.uk/news/articl ... limit.html

For those with an aversion to the DM:

France has given a boost to British nationals who own holiday homes in the country as it looks to relax its post-Brexit 90-day visa rule.

Politicians have said British owners of French homes had been 'punished by Brexit', with the law limiting how long they could stay to 90 days out of every 180. In order to stay longer, Britons must apply for a long-stay visa of up to six months.

Now, the country's senate has voted through an amendment to the immigration law that will give British second homeowners the automatic right to a long-stay visa.

Martine Berthet, a French senator who represents the Savoie in the southern Auvergne-Rhône-Alpes region, put forward the change to the rules after receiving complaints from Britons who own holiday homes in the region.

'The Britons I have spoken to say the current system is long-winded, difficult and full of pitfalls,' she said, according to The Daily Telegraph.

France has given a boost to British nationals who own holiday homes in the country as it looks to relax its post-Brexit 90-day visa rule

She also said that the rules are keeping them from contributing to France's economy, and that the restrictions will already add to the rising number of vacant properties in the country's popular tourist regions.

'Ties are warming between France and the UK following the royal visit,' she said. 'And don't forget, King Charles reserved his only official speech for the French Senate.

'The British are privileged partners of France. History has shown this to be the case.'

The amendment to the law still needs to be debated in France's National Assembly (the country's lower house) before it can be passed.

Ms Berthet said that even if the amendment fails in the National Assembly, 'this is at the very least an important first step,' the Telegraph reported.

Emmanuel Macron's government has said it will not support the amendment, arguing that the law already makes it possible for British holiday home owners to stay longer than the 90 days out of 180.

The government does not have a majority in the French parliament.

But another issue faced by Britons who own homes in France is increasingly long visa wait times, with visa centres being described as 'overwhelmed'.

And earlier this year, France hit British homeowners with a rise of up to 60 per cent in council tax charges, adding further to their woes.

The Telegraph said that one way the exemption could work would be to require British owners of French homes to carry proof of ownership with them when they arrive in the country. They would then only need to provide these documents once for the long-term visa requirements to be waived, the publication said.

Philippe Bas, of France's les Républicains (The Republicans) party, said last week that while British second homeowners 'didn't have anything to do with Brexit,' the UK's choice to leave the EU 'has punished them'.

'They must be able to come to France and make the most of their second homes and spend their money,' he said.

Emmanuel Macron's government has said it will not support the amendment, arguing that the law already makes it possible for British holiday home owners to stay longer than the 90 days

In August, many felt the introduction of council tax increases represented a double-whammy against them, with one couple saying they may have to sell their home (pictured)

There are some 86,000 British households that own second homes in France.
Q&A: France's tax on second homes

Who is affected?

86,000 British-owned households in France (and anyone in France who owns a second home).

Do I pay if I still keep a home in Britain?

Yes, the tax is applicable on all properties in France.

How does it work?

Second home owners face an annual charge even if they are not resident there but if their home is habitable. Last year this was about £664 for a house and £808 for a flat.

How will this change?

The tax will rise by a minimum of 7.1 per cent, but local authorities have been given the power to add a surcharge of up to 60 per cent.

What other property taxes are there?

An ownership tax covers things such as refuse collection, similar to council tax in the UK. New-build properties are exempt for the first two years.

Which areas will be affected?

All major regions, including areas that are popular with the British, such as Brittany, Dordogne and south of France.

Pensioners - who once spent several months of their year in French holiday homes - are understood to be particularly irritated by the EU residency restriction.

In August, many felt the introduction of council tax increases represented a double-whammy against them, with one couple saying they may have to sell their home.

Creative director Simon Amster, 55, and his wife bought the five-bed 15th century hideaway in the village of Sauveterre-de-Bearn near Biarritz for just 50,000 euros (£42,000) eight years ago.

The couple, who live in Lewes, East Sussex, said in August that they were paying 1,400 euros in annual property taxes. But they faced a significant tax rise thanks to Macron's reforms.

Under rules introduced by president in August, tax on second homes could be increased by up to 60 per cent.

This is despite British people being only allowed to visit for a maximum of half a year under the new post-Brexit rules on visa-free travel.

The tax used to be paid only by those whose principal home was in France, but a reform introduced by Macron's government saw it extended to second homeowners.

The minimum increase in residency tax (one of France's main two property taxes, similar to the UK's council tax) was set at 7.1 per cent, it was reported at the time.

However, with 3,399 councils being given permission to apply a surcharge, the figure could be much higher and rise by up to 60 per cent for some.

Many of the councils listed are in regions that are popular with Britons who own French holiday homes, such as Brittany, The Times reported in August.

Before the change, residence tax was paid by all of France's homeowners, and last year was an average of €772 (£660) for a house and €941 (£800) for a flat.

But under Macron's reform, the tax will only be imposed on those who own two houses in an attempt to dissuade people from using properties as their second homes in areas where locals struggle to rent and buy.

Taking last year's national average residence tax of €772 for houses and €941 for flats, then a 60 per cent increase would mean second home owners would be paying more than €1,200 and €1,500 on their houses and flats respectively.

[Bayleaf]

It kind of makes sense, as in general those with a 2nd home in France are usually pretty affluent and have a healthy amount of disposable income - so of course, France wants some of it! Why not? The longer they allow "furriners" to stay here, the more money gets put in Le Pot Français!

I see it hasn't been passed completely yet though .....but money talks, it always has.

[p4psb]

There has been some discussion in the anglophone community (particularly by British citizens) and there have been some articles in the French press about a number of proposed amendments to the French government's upcoming immigration bill.
These amendments, if/when passed, would have an as-of-yet undetermined effect on the eligibility of second home owners for visas, possibly creating a new visa path for those affected.
However, as none of these amendments have become law yet, as there is no guarantee that any of them will, and as there is no indication of how they will apply if/when they do become law, it is just a matter of wait and see.

[RobertArthur]

It has been on the agenda of the UK-France summit March this year, not as priority number one. The French press gives more details . The Schengen Treaty is not carved in stone, France does have the possibility to step out of the EU line (a little bit). The intentions are good, which is not always a guarantee of success.

[DaveW]

There has been some discussion in the anglophone community (particularly by British citizens) and there have been some articles in the French press about a number of proposed amendments to the French government's upcoming immigration bill.
These amendments, if/when passed, would have an as-of-yet undetermined effect on the eligibility of second home owners for visas, possibly creating a new visa path for those affected.
However, as none of these amendments have become law yet, as there is no guarantee that any of them will, and as there is no indication of how they will apply if/when they do become law, it is just a matter of wait and see.

Be interesting to see the legal side of a single EU country making exception for citizens of a non-EU country.

Maybe the UK government should make an effort to help their citizens.

[niemeyjt]

But isn't the Schengen Treaty somewhat flexible?

Various states seem to be enforcing frontier controls contrary to "the rules".

Is this different?

[DaveW]

I’m not sure this is a Schengen issue, it’s making an exception for a third country. I have American friends who have had to live with the rules for years and would love to have a special status to overstay. If there is an exception for UK citizens, then why not everybody?

Such a change will be challenged in court and rightly so.

The uk second house owners should be petitioning the government who created this mess and stop trying to blame the French administration

[DominicBest]

I was surprised to find how France already has much better visa provision to extend the 90/180 rule than countries like Spain. In France there are already visas that allow six month stays or year long stays and the latter can be renewed which, as long as the criteria are met, will lead to permanent residence. Spain in contrast has no six month option but does offer a NLV where applicants can become permanent residents if they meet the financial thresholds and spend no more than six months out of Spain in five consecutive years. People applying for the NLV are not allowed to work, to receive earned income anywhere. There is also the Golden Visa option in Spain which allows people who can afford to invest at least £500,000 in a property or business in Spain and that allows the elite to basically ignore the Schengen rules.
Any ‘second home owner’ visa would probably be a variation on the current six month visa but instead of having six consecutive months it would allow second home owners to spend 180/360 not 2 X 90/180 and the financial thresholds would be lower. All it will actually offer would be a fast-track application system and more flexibility.
At the end of the day, apart from the retired, there are very few people who are hampered by the current 90/180 system.
People who apply for the current six month visa sign an attestation promising that they will not carry out any paid work while they are in France. This includes on-line work for clients out of France. If the ‘second home owner’ visa allowed people to work while living in their second homes that would be a significant change which would allow far more people to benefit.

[elsie]

It is going to need a lot of clarification, if it is passed, which seems doubtful.

There is likely to be a lot of detail to be agreed. How do they define who is a second home owner for the visa? How do they decide on eligibility of spouses, partners and children, etc. There will be the need for strict rules on health cover/insurance, finance, etc as with the current longer term visas. I wouldn't be surprised if there were other requirements e.g. reporting to police/administration. How would the Schengen regulations apply if travelling outside France? Will they reissue them every five years?

I'm sure there are others who would like to stay longer in France but will feel aggrieved as they won't be able to do so as easily as second home owners, if this is passed.

[Yonner]

I’m not sure this is a Schengen issue, it’s making an exception for a third country. I have American friends who have had to live with the rules for years and would love to have a special status to overstay. If there is an exception for UK citizens, then why not everybody?

Such a change will be challenged in court and rightly so.

Don't understand why you think it would/should be challenged in court dave, It does't harm anyone in France if the exception is made for second home owners does it, and adds to the French economy. I understand France already has a different agreement to the 90 day rule with NZ, and maybe it would give your US friends hope/a case to argue.

The uk second house owners should be petitioning the government who created this mess and stop trying to blame the French administration

I'm confident they are.