23rd December 2021
The EU Rights Clinic and RIFT ask the EU Commission to take urgent action for UK nationals and their family members covered by the Withdrawal Agreement
Since 26 June 2016 RIFT has campaigned for citizens’ rights. On 21 December 2021, the EU Rights Clinic and Remain in France Together (RIFT) asked the European Commission to take urgent action to address the failure by the French authorities to comply with the provisions on citizen’s rights contained in the Withdrawal Agreement
Our ongoing survey reveals that France is failing to fulfill its obligations under the Withdrawal Agreement. We have written unanswered emails to the French Ministry of Interior and have issued warnings to the authorities in our “Sounding the Alarm Bell” report and supported a complaint and petition to the EU institutions with the EU Rights Clinic in 2018 and are disappointed to note that there remain many unresolved issues.
UK Nationals and their family members enjoy acquired rights and a number risk being left undocumented on the French imposed deadline to hold a residence card of 1 January 2022.
We find these and other issues:
Not receiving a WARP after an appointment (long delays)
Some Withdrawal Agreement beneficiaries have not yet been offered an appointment.
Ongoing unresolved questions with applications being “examined” (instruites) with no clear reason why and no consideration of the length of time in France or family finances.
Applications “classé sans suite” (closed/discontinued without being processed) or “classé sans avis favorable” with no appeals process indicated.
Lack of help with applications from the préfecture even for the vulnerable.
Children experiencing travel issues and parents being charged for DCEMs, old-style documents without the same biometrics as a WARP and therefore not offering children the level of protection from exploitation they could enjoy with a WARP.
No working system to change address or have a lost/stolen card replaced
Unreasonable requests for extra information
No adequate system for reunifying family with some being told to return to the UK to apply for a visa, or other family reunification application issues.
Removal from the CPAM medical system and issues with CAF, or other government institutions
Denied and difficult access to France
Errors on WARP cards (name, address, photo, etc.) along with incorrect rights shown (not permanent)
Wrong cards issued - such as a carte de frontalier, rather than a residence permit.
The EU Rights Clinic and RIFT have demanded that the European Commission take robust enforcement action against France to ensure it complies fully with its binding legal obligations under the Withdrawal Agreement. A petition will also be lodged in parallel before the European Parliament.
Read the Executive Summary at the end of this page Link to EU Rights Clinic
Executive Summary EC Complaint PDF