do you or don't you
#1
Forum Regular
Thread Starter
Joined: Jan 2018
Posts: 223
do you or don't you
HI everybody - I always wanted to retire to France but a friend had persuaded me to seriously look at Portugal. We visited Portugal extensively last year and while we did like it it didn't really excite us as France does.....
One of the attractions of Portugal is that it seems easier to get healthcare and residency - I am left cold by paperwork and bureaucracy so this in itself is attractive...
HOWEVER
from reading many many posts on the France forum I get the impression that it is NOT obligatory to apply for residency after being present for 3 months -
if you do apply for residency then you have to have proof of income and healthcare insurance in particular.
I am retired but not yet receiving a state pension so therefore cannot get the S1 form.
I am fortunate enough to be fairly self-sufficient with a private pension plus savings enough to last me unless something really bad happens so I am not too bothered about needing handouts from the state.
If it is indeed true that you do not HAVE to apply for residency then how are you registered to pay tax in France? If I moved to France I wouldn't have a UK address etc so wouldn't be tax resident etc in UK.
Any suggestions/advice gratefully received.
btw The friend (not a close friend) that suggested Portugal actually lives in France and is independently very wealthy and when I broach these subjects he becomes a bit secretive and not forthcoming and he has indicated he lives "under the radar" as it were. I don't want to do that.
I want to do it legally with as little hassle as possible!
Thanks in anticipation.
One of the attractions of Portugal is that it seems easier to get healthcare and residency - I am left cold by paperwork and bureaucracy so this in itself is attractive...
HOWEVER
from reading many many posts on the France forum I get the impression that it is NOT obligatory to apply for residency after being present for 3 months -
if you do apply for residency then you have to have proof of income and healthcare insurance in particular.
I am retired but not yet receiving a state pension so therefore cannot get the S1 form.
I am fortunate enough to be fairly self-sufficient with a private pension plus savings enough to last me unless something really bad happens so I am not too bothered about needing handouts from the state.
If it is indeed true that you do not HAVE to apply for residency then how are you registered to pay tax in France? If I moved to France I wouldn't have a UK address etc so wouldn't be tax resident etc in UK.
Any suggestions/advice gratefully received.
btw The friend (not a close friend) that suggested Portugal actually lives in France and is independently very wealthy and when I broach these subjects he becomes a bit secretive and not forthcoming and he has indicated he lives "under the radar" as it were. I don't want to do that.
I want to do it legally with as little hassle as possible!
Thanks in anticipation.
#2
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: do you or don't you
Hello Bazzer
To quickly explain how FoM works for EU citizens - it's a bit misleading to say that you have to "apply for residency" in eg. Spain. EU citizens have the automatic right to reside in any EU country provided they meet the critieria set out in the EU Directive on FoM (eg economically inactive people must have a certain level of income, workers must be genuinely working, students must be attending an educational institution, etc). In some countries eg Spain you are required to register within a certain period of arriving, and the registration process involves proving that you meet the relevant criteria. Other countries such as France don't have this requirement, they leave it to you to ensure that you're meeting the criteria, and there is a certain tolerance of those who don't. But as soon as you apply for anything from the State - healthcare, child benefit etc - then obviously they will check your situation before giving you any assistance. Likewise it is your own responsibility to declare your income for tax etc. And it makes sense to meet your responsibilities because France has a policy of droits et devoirs, rights and obligations: if you do things correctly then you have certain rights and entitlements from the state, if you don't then you have no rights or entitlements. (Plus, if you're found to have been breaking French law eg by not submitting your income declaration, you will have to pay fines.) And since in fact the State is quite generous - for instance, as a non resident you might pay a thousand euros or more in taxe d'habitation and as a non resident you might be exempt unless you have a high income - it is in your own interests to do things correctly. No doubt there are plenty of Brits living "below the radar", some because they don't understand the system and they think they're being clever, some because they shouldn't be here, but IMHO it is a bit stupid stay below the radar if you could be legit because you lose more than you gain.
Having said all that, unless you have another EU passport then none of this will apply to you post Brexit because Brits will no longer have Freedom of Movement. You will have to apply for a visa if you want to move to Portugal, France or anywhere else.
Hope this clarifies things a bit.
To quickly explain how FoM works for EU citizens - it's a bit misleading to say that you have to "apply for residency" in eg. Spain. EU citizens have the automatic right to reside in any EU country provided they meet the critieria set out in the EU Directive on FoM (eg economically inactive people must have a certain level of income, workers must be genuinely working, students must be attending an educational institution, etc). In some countries eg Spain you are required to register within a certain period of arriving, and the registration process involves proving that you meet the relevant criteria. Other countries such as France don't have this requirement, they leave it to you to ensure that you're meeting the criteria, and there is a certain tolerance of those who don't. But as soon as you apply for anything from the State - healthcare, child benefit etc - then obviously they will check your situation before giving you any assistance. Likewise it is your own responsibility to declare your income for tax etc. And it makes sense to meet your responsibilities because France has a policy of droits et devoirs, rights and obligations: if you do things correctly then you have certain rights and entitlements from the state, if you don't then you have no rights or entitlements. (Plus, if you're found to have been breaking French law eg by not submitting your income declaration, you will have to pay fines.) And since in fact the State is quite generous - for instance, as a non resident you might pay a thousand euros or more in taxe d'habitation and as a non resident you might be exempt unless you have a high income - it is in your own interests to do things correctly. No doubt there are plenty of Brits living "below the radar", some because they don't understand the system and they think they're being clever, some because they shouldn't be here, but IMHO it is a bit stupid stay below the radar if you could be legit because you lose more than you gain.
Having said all that, unless you have another EU passport then none of this will apply to you post Brexit because Brits will no longer have Freedom of Movement. You will have to apply for a visa if you want to move to Portugal, France or anywhere else.
Hope this clarifies things a bit.
Last edited by EuroTrash; Aug 25th 2019 at 8:36 am.
#3
Forum Regular
Thread Starter
Joined: Jan 2018
Posts: 223
Re: do you or don't you
Thanks very much Eurotrash for answering so quickly and taking the time to do so.
I probably will move to France sometime next year - I have researched and visited many areas over the last 30 years! Our last visit was 2 weeks camping in the Dordogne and we absolutely loved the area - the reason we left the Dordogne till last was because we just assumed it was a little Britain (Dordogneshire) and were't too sure we wanted that - lately in particular I rather fancy the idea of not fully understanding the news reports etc!
Anyway - so we make a complete move to France, don't apply for residency, buy a house, tell HMRC we have left Blighty, fill in an annual tax return (as a non resident because we hadn't applied for residency - or are we actually residents anyway?) and it's all above board? Is there anything else we need to or should do?
Partner is on British passport I am Irish.
Thanks again
I probably will move to France sometime next year - I have researched and visited many areas over the last 30 years! Our last visit was 2 weeks camping in the Dordogne and we absolutely loved the area - the reason we left the Dordogne till last was because we just assumed it was a little Britain (Dordogneshire) and were't too sure we wanted that - lately in particular I rather fancy the idea of not fully understanding the news reports etc!
Anyway - so we make a complete move to France, don't apply for residency, buy a house, tell HMRC we have left Blighty, fill in an annual tax return (as a non resident because we hadn't applied for residency - or are we actually residents anyway?) and it's all above board? Is there anything else we need to or should do?
Partner is on British passport I am Irish.
Thanks again
#4
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: do you or don't you
we make a complete move to France, don't apply for residency, buy a house, tell HMRC we have left Blighty, fill in an annual tax return (as a non resident because we hadn't applied for residency - or are we actually residents anyway?) and it's all above board? Is there anything else we need to or should do?
Partner is on British passport I am Irish.
Thanks again
Partner is on British passport I am Irish.
Thanks again
As an EU citizen the concept of applying for residency is meaningless because you have the automatic right to live in any EU state you choose, provided you meet the criteria. So if you move there, then you become resident there and subject to all of that country's laws that apply to residents - for instance you need to comply with the rules on registering your car there etc etc etc.
But basically it is just as you say for Irish passport holders, easy peasy.
If you and your partner are not married, it might not be quite so easy peasy for him/her.
Dordogneshire is a big place, certainly there are pockets of Little England, towns like Eymet for instance, but there are also some very beautiful unspoilt places.
(Cough) Actually if you do understand the news reports in France, you'll probably find it illuminating because you'll find they make a lot more sense where the B word is concerned than most English news reports.