Post by crabtree on Sept 10, 2022 15:34:41 GMT 1
Was not sure where to post this but the 'B' word is mentioned in the article, so I put here it.
Saw this article in a local English publication, and this is taken from their website here: www.thebugle.eu/read_online.php
"There have been growing reports of British expats with Brexit residency cards being fined when entering or leaving the country on UK number plates.
In a case that could serve as a warning to many expats, aFrench resident was recently handed a fine at the border for driving a car with British number plates. The retiree was pulled over by border guards at the port of Roscoff while returning to the UK and told he must pay €150 for failing to transfer his car to French plates.
Under the letter of the law, those who relocate to France have one month to re-register their vehicle
and pay any relevant import duty – after they become permanent residents. In the past this was barely, if ever, enforced, as Britons had the right to live, travel and work across Europe. Since Brexit, however, those wishing to stay in France on a permanent basis must apply for a carte de séjour.
“We spend roughly three months in France up to Christmas and a further three months in the spring,” explained Mike, who lives in Var. “Unfortunately, because the two visits are only a couple of months apart, we would fall foul of the 90 in 180 day rules, so we obtained cartes de séjour.”
Speaking to Connexion, Mike said that the issue began on arrival at Roscoff from the UK: “The immigration officer asked to see our car registration. He told us that it should be registered in France if we had cartes de séjour but that he could not do anything because he was immigration.
He warned that the police or customs might, however.”
On their way back to the UK ten weeks later, the couple were approached and told to see a customs
official. “The officer proceeded to tell us that we are now French resident and are required to have re-registered the car,” Mike said. “I argued that it spends roughly equal time in the UK and France and if registered in France it would then be illegal in the UK. I also argued that we were taking the car out of France, not importing it. Finally I came up with my company registration saying that other directors also drive the car in the UK. This did throw him so he then went to have a discussion with three others, one of whom was the original immigration officer.”
The first two arguments make no difference under French law, but it was this last point that saved Mike from a much larger fine, potentially in the thousands of euros. The eventual €150 fine was simply for not having a written document showing authorisation to drive a company car.
By applying for a permanent residency card, you are also required to become French resident for
legal purposes, which comes with a number of obligations such as signing up to the French healthcare system, filing French tax returns and importing your car. There is a grace period that gives you enough time to get your affairs in order, but if you are in possession of a Brexit Withdrawal Agreement carte de séjour, you will have had this for at least a year. If your argument is
that you spend more than six months of the year in the UK, then you risk losing your right to a French residency card as this would imply you are in fact British resident.
Failing to re-register your vehicle as French can have several repercussions beyond a simple fine. Not only are you potentially liable for VAT and import duty, you may find that your car insurance is not valid should you find yourself involved in an accident."
In a case that could serve as a warning to many expats, aFrench resident was recently handed a fine at the border for driving a car with British number plates. The retiree was pulled over by border guards at the port of Roscoff while returning to the UK and told he must pay €150 for failing to transfer his car to French plates.
Under the letter of the law, those who relocate to France have one month to re-register their vehicle
and pay any relevant import duty – after they become permanent residents. In the past this was barely, if ever, enforced, as Britons had the right to live, travel and work across Europe. Since Brexit, however, those wishing to stay in France on a permanent basis must apply for a carte de séjour.
“We spend roughly three months in France up to Christmas and a further three months in the spring,” explained Mike, who lives in Var. “Unfortunately, because the two visits are only a couple of months apart, we would fall foul of the 90 in 180 day rules, so we obtained cartes de séjour.”
Speaking to Connexion, Mike said that the issue began on arrival at Roscoff from the UK: “The immigration officer asked to see our car registration. He told us that it should be registered in France if we had cartes de séjour but that he could not do anything because he was immigration.
He warned that the police or customs might, however.”
On their way back to the UK ten weeks later, the couple were approached and told to see a customs
official. “The officer proceeded to tell us that we are now French resident and are required to have re-registered the car,” Mike said. “I argued that it spends roughly equal time in the UK and France and if registered in France it would then be illegal in the UK. I also argued that we were taking the car out of France, not importing it. Finally I came up with my company registration saying that other directors also drive the car in the UK. This did throw him so he then went to have a discussion with three others, one of whom was the original immigration officer.”
The first two arguments make no difference under French law, but it was this last point that saved Mike from a much larger fine, potentially in the thousands of euros. The eventual €150 fine was simply for not having a written document showing authorisation to drive a company car.
By applying for a permanent residency card, you are also required to become French resident for
legal purposes, which comes with a number of obligations such as signing up to the French healthcare system, filing French tax returns and importing your car. There is a grace period that gives you enough time to get your affairs in order, but if you are in possession of a Brexit Withdrawal Agreement carte de séjour, you will have had this for at least a year. If your argument is
that you spend more than six months of the year in the UK, then you risk losing your right to a French residency card as this would imply you are in fact British resident.
Failing to re-register your vehicle as French can have several repercussions beyond a simple fine. Not only are you potentially liable for VAT and import duty, you may find that your car insurance is not valid should you find yourself involved in an accident."