French residency permits: must they be handed back when leaving?

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PERMIT HOLDERS RETAIN RIGHTS FOR A CERTAIN NUMBER OF YEARS Reader Question: I lived in France 14 years and have my residency card, but have returned to the UK to live there. I still continue


to earn revenue from my business headquartered in France even though I have moved. Can I keep my carte de sejour as I still own a business, or do I need to give it back? You do not need to


physically hand your residency permit back to the French authorities when you move out of the country, regardless of the circumstances. You must undertake several steps, including informing


the tax authorities, giving back your carte Vitale, closing your bank account etc, but you can keep your permit.  The Connexion has previously been informed by the French Interior Ministry


that it is not necessary for ‘Brexit’ card holders to inform them of a change in address to an overseas residency (although you must tell the tax authorities of this change). From our


research, this applies to all long-duration residency cards. This is because you do not automatically lose the rights granted alongside the permit when leaving the country, even if you


‘move’ out of France. The exact timeframe depends on the residency permit you have, but in general you can remain physically out of France for multiple years before you lose these rights. 


This means that even if you move out of France, you are able to return using your residency permit – and avoid the EU’s incoming border security formalities – provided you do not leave too


much of a gap between visits.  “The person [leaving] should keep their card and ensure they come back at least once [within the timeframe],” to keep their rights, the Interior Ministry told


us. “They should, however, stay in France for a sufficiently long period for it to be considered that their absence from French territory has ended,” it added. They did not clarify what is


considered “sufficiently long”, however, the EU officials have previously told The Connexion that the rules (with regard to Brexit cards) may be interpreted literally, as relating to absence


or presence on French soil.  HOW LONG CAN I STAY OUTSIDE OF FRANCE? As mentioned, it depends on the residency card you have.  If you have a five-year Withdrawal Agreement card (‘Brexit’


card) you should not usually be absent from French soil for more than six months per calendar year, with longer absences only allowed for exceptional reasons such as sickness of a relative


or travel/training for work.  For holders of a 10-year version of the card, this increases to five years of continuous absence before the rights associated with your card are lost. For those


who hold a 10-year votre carte de résident de longue durée - UE, the limit is six years outside of France, but only three consecutive years outside of the EU.  Authorities will not


initially know the exact date you left France (you will probably not have a passport stamp for leaving if you used your residency card to exit the country) but if you are gone sufficiently


long, will likely be able to find this information out. FINANCIAL SITUATION AND WORK Your financial situation is unlikely to make a difference in this case, to your residency rights. Anyone


who earns work income derived from a French source needs to make an annual income declaration in spring (covering income from the previous calendar year).  This includes non-residents, who


have a specific deadline to declare – you can see the information for the 2025 declaration here. The tax authorities are unlikely to care where you live, as long as you are paying the


correct taxes on the money you earn – this is why they must be informed of an address change.  Note, however, that running a business in France is among the tests for being considered to be


still a French ‘fiscal resident’, though this is also balanced against other factors, including where you spend most of your time and where your ‘main home’ is deemed to be (eg. if you also


have a spouse and children in the UK, this would add weight to the UK being your ‘home’).