Visa-free Visits for British Homeowners? Here’s What You Need to Know About France’s New Immigration Bill.

In a dramatic turnaround from last week’s vote to dismiss the bill, the French parliament yesterday (Wednesday, December 20^th) voted through an amended version of Macron’s controversial immigration bill. The new version is the result of heavy compromises by Macron’s government, who do not have the majority needed to pass the original bill through parliament.

A win for the right?

A staggering 60 new clauses were added to the bill, the majority of which were to appease France’s centre-right, leading to widespread criticism both inside and outside of Macron’s party. While far-right leader Marine Le Pen hailed this as an “ideological victory” for the National Rally, who have long pushed forward the ideal of a “French-first” immigration policy, left-leaning deputies within Macron’s own government have been equally vocal about their opposition to the bill’s new hard-line stance.

French Health minister, Aurélien Rousseau, resigned yesterday, after the bill was passed, and the party’s voting record also shows a fractured party. 27 of Macron’s Renaissance party MPs voted against the bill while 32 abstained – a total of almost one quarter – leading to widespread speculation of a crisis within Macron’s government. For the moment, however, Macron has proclaimed the bill to be a “shield that we needed” while Prime Minister Elisabeth Borne insisted that the government had “ensured that this bill respects our values” and that the legislation changes were “useful and effective measures that our fellow citizens have been waiting for”.

This hasn’t quieted widespread criticisms of the bill. Many left-leaning politicians have been outspoken in denouncing the bill, while the French Human Rights League released a joint statement calling it “the most regressive bill of the past 40 years for the rights and living conditions of foreigners, including those who have long been in France”.

So, what exactly are the changes being introduced in France’s new Immigration Bill that have sparked such controversy? You can read the French government’s full summary of the immigration bill here, but some of the key points include:

• Benefit restrictions: tightened rules around benefits such as housing aid and family allowances for foreigners, particularly for foreigners who do not work.
• Regularisation of undocumented immigrants: the bill grants the power to local state officials to regularise undocumented workers in certain professions by issuing a one-year residence permit.
• Quotas for migration: new quotas will be determined by Parliament to cap foreigners entering France (not including asylum seekers) for the next three years.
• Language tests: some types of French residency cards will now require a French language test.
• Revoking French Nationality: dual nationals can be stripped of their French citizenship if convicted of intentional homicide against a person in a “position of public authority” (e.g. a police officer).
• Restrictions on French citizen birth rights: children born in France to foreign parents will no longer be automatically granted citizenship, instead they will need to apply for it between the ages of 16 and 18. Foreigners born in France who receive a criminal conviction will not be able to obtain citizenship.
• Tougher conditions for family reunification: In order to apply for a family reunification, the spouse residing in France must be at least 21 years old, have lived in France for 24 months, and have sufficient resources.
• Student deposits: foreign students will need to pay a deposit when applying for a residence permit to cover potential “removal” costs.

One potentially positive addition to the immigration bill which has been much publicised by the foreign press is the addition of a new clause stating that British citizens with second homes in France will be allowed an automatic visa.

The exact text states that: “The long-stay visa is issued automatically to British citizens owning a second home in France. They are therefore exempt from having to make an application for a long-stay visa. The conditions for how this will be applied will be clarified by a decree in the Conseil d’Etat.”

It’s not yet clear exactly how the conditions will be determined or how exactly this will be implemented. Firstly, this amendment will need to be passed by the Conseil Constitutionnel to ensure it complies with the French Constitution and to the Conseil d’Etat to set out the application of the visa rights. So, it isn’t 100% confirmed yet! Also to be determined is how homeowners would be able to prove eligibility, in particular, how this exemption would be policed by French border control.

However, this is potentially great news for Brits, especially those who have owned second homes in France since before Brexit and are no longer able to spend longer than 90/180 days in the EU without applying for a temporary long-stay visa.

If all goes to plan, the bill would come into effect sometime in 2024.