glassmarq

Hi, firstly, thank you for all the great info from you all, I have been reading as a guest for a while but now wish to pose a question if I may. We bought a house in the Aude 9 months ago and have been to and fro to the UK since then, we are now going to apply for tax residency and thanks to a lot of posts here and lots of reading online on French Gov sites have a reasonably good handle on that. I have changed my car to a French registration and insured it and thats all fine so have a login on the French Gov Portal. But, the noise about driving licenses is a bit loud at the moment, I assume that I need to get my UK EU photo license changed to a French EU license and to do this I do not need to take the french driving test - but one requirement as I understnad it is to submit proof of residency, that raises the question of what form of evidence we have to provide as to residency given that we have not formally started that process, will they accept houshold bills eg gas, Electric, Water etc as evidence of residency in our house along with the purchase details? if not what would be recommended as a way forward to move this along with any chance of sucess before the drop dead date in March if the stupid self serving petty children cant agree to do their jobs properly and agree a structured exit ?

EuroTrash

Hello Glassmarq, welcome to the forum
I try not to think about a hard Brexit, but if you insist: FWIW I think on balance it's more likely that France will not insist on Brits who haven't changed their licence taking a French driving test, although it's true that they could if they wanted. But overall all the indications are thus far that France is well-intentioned towards Brits and doesn't intend to make life any harder for us than it need be.
Beyond that - what makes you resident, is living here and doing the things that residents do, which automatically triggers the papertrail that can be used to prove residency - a job contract, healthcare documents, tax documents, all boring stuff like that. Residency isn't a thing an EU citizen has to apply for, nor is it really a process you formally start except by moving here; as an EU citizen correctly exercising freedom of movement it is your right, all you have to do is prove you are exercising FoM correctly. Of course the longer you've been here, the easier it is to prove. For most purposes household bills would not be enough on their own because holiday home owners also have household bills, so when it comes to proving residency they tend to look for the kind of thing that only residents would have. But I don't know how strict they are when it comes to exchanging driving licences, if it's the same as registering cars then I don't think it's all that strict.
I assume you intend to apply for a carte de séjour so was wondering how you intend to prove residency for that if there's a hard Brexit? TBH I would be focusing on that, more than on the driving licence, because préfectures do tend to be strict.
But like I said - there won't be a hard Brexit, so you'll have until the end of 2020 to get your ducks in a row - or better still, Brexit won't happen
PS This is of course entirely my own ostrich-like view, a lot of people disagree, and if I'm wrong I'm wrong so you have to make your own mind up.

glassmarq

Hello EuroTrash,

Thank you for you welcome and consideration in your answer, I guess we go with the first and foremost - my carte de séjour, my wife is a Dutch citizen so we do have a bit on an interesting time ahead of us no matter the outcome, and maybe i have more of a breather in the procerss due to that. We have bills for the property, both for service and for improvements but as you say so would holiday home owners. So, a formal request to become tax resident and take it from there. I suspect the first step is the healthcare aspect as that is a clear indicator of residency. Personally I would like to believe like you that a hard exit is not going to happen and would love a no exit - but as a pragmatist and one who has a total lack of belief in polititions except for them to act to the lowest common denominator and so will not do anything that actually helps normal everday people I take the dim view that they will totally screw it up. Ho hum, we can but wait and see !

Tweedpipe

As stated by ET it would probably be more prudent at this stage to apply for a carte de séjour rather than change your UK driving licence. You can request to change from your current licence to a French one.
Assuming one holds a valid UK licence, today one can request a change to French, although what changes post Brexit is anyone's guess.
This request was always done face to face at the Prefecture, but over the last 12 months as so many of their on-site personnel have been made redundant, today it's more than likely an on-line task only.
Mme TP has lost her driving license and car registration doc, and notes that replacements are now only performed on-line, and she's panicking a little to get to grips with the on-line procedure.
The documents for an exchange UK/French used to be as follows:
– a valid current licence (an official translation possibly required including details of any penalties or suspensions)
– proof of domicile
– Passport size identity photographs with digital identification code (available from an accredited cabin or accredited photographer)
– your carte de séjour (or passport)
– the fee, in the form of timbres fiscale.

Helen1964

EuroTrash

glassmarq Indeed, having a Dutch wife will make things massively easier in terms of living in France post Brexit.

I'm still not sure what you mean by this. AFAIK France has no procedure for making a formal request to become tax resident. There are criteria for tax residency, these are published and available to everyone, and either you meet them or you don't. If you do, it's your responsibility to submit your income declaration at the next tax exercise, then when the fisc process your form they give you a taxpayer number. By all means make yourself known to the tax office but you won't officially be classed as a taxpayer until after your first tax return.

For most people the first step in the residency process is joining the French health system. If you're working in France you are affiliated automatically from the day you start work, or inactifs can apply to join after 3 months' residence. CPAM do accept utility bills as proof of residence. As the spouse of an EU citizen (if it comes to that), it'll be your EU spouse's residency that needs to be established, and the non EU spouse gets their carte de séjour on the back of that. So I think I would start by affiliating both of you into the health system, or if you miss the boat on that due to a Brexit cut off date, then just your wife. I don't see why there would be a problem and I wouldn't worry about tax residency until the time comes.

The driving licence question is a potential can of worms and IMHO it was very ill judged of the UK government to suddenly issue this advice at this late stage. I'm sure that if I lived in the UK I would entirely share your view of politicians. As it is I partly share it but I do think other EU countries including France and the Netherlands are more functional. This is what France says about driving licences in the event of no deal, seems reasonable to me and no need to panic immediately https://www.interieur.gouv.fr/Actual...is-de-conduire (my bold)
En cas d’absence d’accord de retrait

Il n’y a pas dans ce cas de période de transition et les modalités précisées ci-dessus selon que vous circulez en France en qualité de touriste ou de résident s’appliquent dès la date de mise en œuvre du BREXIT.

• Si vous résidez en France, des dispositions spécifiques et réciproques préciseront ultérieurement les modalités d’échange pour les titulaires d’un permis britannique résidant en France ;
• Si vous êtes touriste en France, vous pouvez conduire pendant la durée de votre séjour avec votre permis de conduire obtenu par examen au Royaume-Uni. Le permis de conduire international n’est pas nécessaire si vous êtes en possession de la traduction de votre permis de conduire.
• Si vous comptez vous installer en France, après la période de transition, votre permis de conduire britannique est reconnu sur le territoire français pendant un délai d’un an, mais vous devrez en solliciter l’échange dans ce délai.

Nothing to say you can't drive, nothing about having to take a French test (it specifically talks about "échange"), everything to suggest they are aware of the problem and will set up procedures if/when necessary.

glassmarq

Many thanks EuroTrash, Tweedpipe and Helen1964, most educational and understandable advice. We will look to progress the healthcare side then take it from there. Again, my thanks.

Annetje

I had to renew my DL recently, did it on line, pictures from cabin didn't work so sent them by mail, received my new DL within 3 weeks

Helen1964

Annetje

Hmmm I should have specified : @ Mme TP

graham.miln

By chance, the requirements for exchanging a UK driving licence for a French equivalent were updated on 23 January 2019.

jsea

Hi Helen thanks for the heads up on the time it could take. I sent my exchange request forms in last week because I read online somewhere that it was recommended especially amidst the brexit mess, but I am unsure of what they mean by exchange, does it mean they take the british driving license off us and we are left with no license to use in the UK? Or do we get the UK one back afterwards?

christmasoompa

Your UK licence isn't usable in the UK unless you're resident there anyway. If you return to the UK to live, then you can easily get it back, DVLA will still have your records and you just need to get one with your new address on.

HTH.

jsea

Thanks for clearing that up however when on holidays to the UK for short visits, will I need to apply for an international licence or contact dvla very time? Or is there no chance of brexit taking that privilege of driving in the UK away from us? I am preparing for the worst case scenario now

BritInParis

Depends on HMG but the worst case scenario is that’ll you need an IDP. The chances of being unable to drive in the UK on a French licence at all whilst visiting are zero.