The French Constitutional Council recently rejected an amendment to the Immigration Act that would have allowed British expatriates with a second home in France to automatically obtain a long-stay visa.
From now on, they will only be able to stay in France without a visa for 90 days out of 180, regardless of their status as property owners in the country. The amendment was proposed by French senator Martine Berthet following complaints from many Britons with second homes in France..
Reasons for rejecting the amendment
The Conseil constitutionnel explained its rejection of the proposed visa for second homes on the basis of Article 45 of the Constitution, which states that amendments to a bill must be directly linked to the original objectives of the legislative text submitted. In other words, the judges felt that the amendment was too far removed from the original content presented by the government the previous year.
Break: French Constitutional Council has just rejected as "non-constitutional" long-term visas for British second home owners in France ↙️
(as some of us warned it would, despite weeks of articles in UK press treating it as a done deal, like this one from Mail yesterday) ↘️ pic.twitter.com/WdHj23A3qH
- Alex Taylor (@AlexTaylorNews) January 25, 2024
Senator Berthet doesn't give up
Despite this setback, Senator Martine Berthet has said she will continue to support the cause, and will reintroduce the idea as part of a new legislative proposal. In particular, she plans to meet representatives of the Home Office to discuss other potential measures to ease visa requirements for owners of British second homes in France.
One of the alternatives under consideration would be to introduce a less complex measure by means of a ministerial decree, which would facilitate the procedures for these temporary residents.
Consequences for the economy and Franco-British relations
- The two countries expressed their concerns about the economic and social consequences of the Brexit on their respective territories.
- The French real estate sector could be affected by this decision, given the traditional British interest in buying second homes in France.
- What's more, it could have a negative impact on relations between the 2 nations, as Ms. Berthet pointed out when referring to the close ties between the UK and France, recently illustrated by the visit of King Charles.
Steven Jolly, founder of the Facebook group "France Visa FreeThe "British Nationals" campaign, which campaigns for the abolition of visas for British nationals spending part of the year in France, said it was disappointed by the decision. However, he said their campaign would continue as they had received support and their arguments remained valid.
Other elements rejected by the Conseil constitutionnel
Several other articles of the immigration law were also rejected by the Constitutional Council, including some concerning the right of foreigners to bring their relatives to France. Among the provisions rejected were the extension of the length of stay required for foreigners from 18 to 24 months before their families can join them, and the imposition of a minimum age limit of 21 for partners.
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