Sunny_Days

I have owned a holiday home in France for 10 years and wish to continue to visit it as much as possible post-Brexit, while keeping my residency for tax purposes in the UK. Would getting a Carte de Sejour help me do that.........or does applying for or holding such a card require or lead automatically to tax residency in France?

Pilou

Yes, with a carte de sejour you will become resident in France. France will tax your worldwide income with respect of tax treaties.

cyrian

What problems do you anticipate that you would need a carte de sejour?
If you want to exceed the 90 days out of 180 days then you could do what any other 3rd country resident needs to do - apply for a visa.
There is a proposed EU visa which is due to be introduced within the next couple of years (similar to ESTA for the USA) and possibly all UK visitors would need to have this in future.
The carte de sejour is a residency card and as Pilou says you need to be resident (and that means taxation) to obtain one.
HTH

G-J-B

If it's just a holiday home, and you remain a resident in the UK, you would not be able to obtain (nor would you require) the new residency permit. I'm afraid at the moment you would be subject to the limits imposed on visits as Cyrian has stated, but it's not to say things won't change, and there is always the visa route.

Sunny_Days

One immediate problem is entering France from the UK at the moment. I understand that is currently not permitted for UK residents with holiday homes and nobody can be sure how long that restriction might apply. Friends have told me that having a carte de sejour or even just the application number can enable UK residents to enter. Is that right?

The longer term problem is wanting to stay in France up to the 6 months tax limit each year at times that suit, without the limit of the 90/180 day rule.

Pilou

For lots of people that is a big problem. Our UK friends own a holiday home in France for over 30 years! They decided to apply for the carte de sejour to become resident in France and leave the UK.

EuroTrash

As said.
One way to look at is that France, like most EU countries and perhaps more than some, is very keen on keeping the balance between rights/entitlements and obligations, ie not cherry-picking the rights without the corresponding obligations. Residents are obliged to declare for tax here and in return they have certain rights and are entitled to a carte de sejour. Non residents have no obligations and no rights or entitlements.
If you choose to remain tax resident in the UK and come to France as a visitor you can spend 90 out of 180 days in France/Schengen, or if you wish to stay longer you can obtain a visitor visa.

G-J-B

I think the problem with entering is down to the lock down measures put in place; they were eased (in France) yesterday, but strict curfews remain in place. Your friends must have had a primary residence in France and were declaring taxes here to get the carte de sejour, and it probably helped them with the travel. I'm afraid those with second homes, who were used to long stints at a time, will find it's no longer possible - you would have to split up your visits, up to 90 days, then back to the UK for at least 90, and then back to France again (travel permitting). Maybe it will change, or maybe the visa will be easier to obtain, but I'm sorry to say thanks to Brexit your options are more limited.

EuroTrash

This is a contradiction though because you are not entering France as a UK resident if you have a carte de sejour. Having a carte de sejour, ie a French residence permit, enables you to enter France as a French resident. That is the whole point.
When you apply for a cds you need to submit certain documents to support your claim to be exercising freedom of movement in France (including evidence of status i.e. retired / employed in France / self employed in France / cross border worker / self supporting inactive / etc, evidence of healthcare etc). If you don't have these documents I imagine your application would be rejected automatically and the computer would not generate the acknowledgement email with the application number.
As G-B-J says, as a UK resident you have other options.

dmu

Normally it's the other way round - leave the UK, settle in France, and then apply for their CdS. Have they been living permanently in their "holiday" home, complying with all the present "freedom of movement" conditions, before applying for the CdS? None of my business, but I was intrigued....
I don't think the OP is thinking of actually moving to France, just hoping to continue to visit his holiday home post-Brexit, as in the past. As said, a CdS means having burnt bridges and settled in France, and therefore doesn't correspond to his situation.

EuroTrash

Yes I must admit I thought the same. There still seems to be some confusion between the visa route, where a person with no automatic right to live in a country starts by applying to the embassy for a visa and if they application is approved they make the move and go through the full immigration process including having a medical, attending integration classes and obtaining a CdS; and the UK/EU Withdrawal Agreement CdS which simply recognises the protected rights of those who began correctly exercising freedom of movement before the end of transition with no immigration procedures to be gone through. But after the next couple of weeks the confusion should have sorted itself out, it will be one process for those who were resident before 31 Dec and the other process for those who weren't..

Listen Very Carefully

Unfortunately this yet another "wizard wheeze" thought up by Brits to avoid their responsibilities and their obligations Over the years these type of things have given Brits a bad name but the authorities have turned a blind eye to it because of FOM etc Now a lot more attention is going to be paid to Brits and their documentation How do they think they are going to get into France when they have a UK passport and a French CDS but the car is UK registered? Oh I know lets put milk bottle tops in the hub caps .....
If anyone wants to spend more than the 90 days in 180 at their holiday home apply for a visa

EuroTrash

Well LVC I should be able to tell you exactly how that one goes, in a month or two.
I have a French CdS permanent by virtue of having lived in France for over five years, and under the WA once you have a CDS permanent you can spend up to 5 years outside of France before it becomes invalid. I moved back to the UK in 2019 therefore I have a UK registered car. But I am aiming to go back to France quite soon in 2021..
Sorry LVC - there's always one isn't there

KJMW

You have to be a resident in France to even apply for a card!