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You are a british citizen


Employment conditions

Changes are coming on 1 January!

On 30 December 2020, the EU and UK signed a trade and cooperation agreement which will determine the rules that apply from 1 January 2021 to relations between the EU and the UK in a number of areas.

Since 1 January 2021, although an agreement has been reached, major changes must be taken into consideration.

The withdrawal agreement, which entered into force on 1 February 2020, includes specific provisions for the right of residence and the maintenance of working conditions for British citizens settled in France before 31 December 2020. You will have until 30 June 2021 to apply for resident status online. The Trade and Cooperation Agreement does not modify these provisions.

If you wish to settle in France in 2021, you will not be covered by the provisions of the withdrawal agreement and the steps to be taken will be different, but the Trade and Cooperation Agreement provides for social security coordination in certain areas.


You are concerned 1) if you are a British citizen who works in France or who wants to work in France; 2) if you wish to obtain a work permit to work in France; 3) if you are a self-employed worker who is a British citizen; or 4) If you are a British citizen posted to France.

If you did not find the answers to your questions on this page, you can contact us at the following address: Brexit@travail.gouv.fr. For all questions concerning the right of residence, please contact: contact-brexit@interieur.gouv.fr


  • Imprimer

Frequently

asked questions


  • British employee in France: I have been posted to France by a company established in the UK. Which social security scheme will apply to me after 1 January 2021?
  • If you are posted prior to 1 January 2021, the same rules will continue to apply until the end of your posting, even if this is subsequent to the end of the transition period (31 December 2020).

    On 1 January 2021, the Trade and Cooperation Agreement governs relations between the United Kingdom and the European Union. The Protocol on social security coordination annexed to the agreement sets-out the possibility for EU Member States to maintain the Posting of Workers Regime in respect of British workers posted to a Member State or European workers posted to the United Kingdom.

    France has chosen to maintain the Posting of Workers Regime for French and British workers. Thus, the EU rules on posted workers still apply.

    They are established by :
    - the implementing Directive 2014/67/EU, which establishes a common legal framework for the uniform implementation, application and monitoring of compliance with common standards ;
    - the revised (EU) Directive 2018/957 of 28 June 2018 which guarantees the application of the labour law in force in the host Member State for long-term postings and covers, in particular, equal pay, the applicability of collective agreements or the treatment of temporary agency workers.

    Rules on prior notification, social security and labour law continue to apply for workers posted to France and to the United Kingdom.


  • I have signed a letter of intent, but my employment contract will only become effective as of 1 January 2021. Are there any special provisions that apply to me?
  • No, the employment contract will be governed by the same legislation as previously.

    After 31 December 2020, you will nevertheless need to make sure that you are residing lawfully in the UK.

    If you are living in the UK prior to the end of the transition period and you meet the conditions laid down, you can apply free-of-charge online for settled or pre-settled status: https://www.gov.uk/settled-status-eu-citizens-families


  • I am in the midst of a trial period at my job. Can my employer terminate my contract as a result of the end of the transition period?
  • No, the rules governing the termination of your trial period will remain unchanged at the end of the transition period.

    You will nevertheless have to comply with the rules for residency in the EU after 31 December 2020.


  • Will the end of the transition period jeopardise my employment contract signed before 31 Decembre 2020?
  • The transition period up to 31 December 2020 guarantees the rights and obligations that already apply in the EU. Your employment contract, your trial period or your letter of intent cannot be jeopardised by Brexit. Your rights and obligations concerning your employment contract also continue during this period.

    After the transition period, as from 1 January 2021, all rights acquired before and during that period will continue to apply subsequent to that date. Your employment contract, your trial period or your letter of intent remain valid and cannot be jeopardised by Brexit. Your rights and obligations concerning your employment contract will continue as previously defined. You should nevertheless pay attention to the new measures introduced concerning right of residence and work permits, some of which will take effect as from 1 January 2021. To do so, refer to the section on procedures concerning the right of residence.


  • Will British citizens require a work permit to continue working in France?
  • Under the withdrawal agreement, British citizens who are living in France prior to 31 December 2020 will not require a work permit, even if they change employer after the end of the transition period.

    Only those who come to live in France as from 1 January 2021 will be obliged to apply for such a permit.


  • I am a British national residing in France before 31 December 2020. Can I work while my application for a residence permit is being processed?
  • Under the Withdrawal Agreement and Article 7 of Decree No. 2020-1417 of 19 November 2020, British nationals residing in France before 31 December 2020 will only be required to hold a residence permit from 1 October 2021. Before this date and as long as they are resident in France, these British nationals benefit from the right to reside without a residence permit, as well as the right to exercise a professional activity and the resulting social rights.

    Until 1 October 2021, you cannot be refused the right to work or to start a new job on the grounds that you do not have a residence permit. In case of difficulty you can share this legislation with your employer or redirect to the page of the Interior Ministry.

     


  • What are the implications of Brexit for the benefits of British jobseekers living in France?
  • Jobseekers receiving unemployment benefits from the UK in consideration of the last job held in the UK and who move to France are covered by UK social security legislation. Any contributions due on their unemployment benefits are paid to the UK.

    Jobseekers no receiving benefits from the UK and living in France (case of frontier workers and, in certain circumstances, individuals who lived in a Member State other the relevother the relevant Member State in their last job) receive unemployment benefits in France. Tax and social security contributions on these unemployment benefits are due in France.


  • Will British jobseekers be entitled to a residence permit ?
  • Under the terms of the withdrawal agreement, British citizens living in France prior to 31 December 2020 who are jobseekers will be entitled to a residence permit on the same terms that were applied under EU law. The criteria for being granted this permit will factor in the duration of previous employment which means that they will still be entitled to a right of residence under worker status.


  • Do British residents who had already started working in France before 1 January 2021 but who reside in another country (frontier workers) have to take any steps?
  • British frontier workers who began working in France before 1 January 2021 but who reside in another State continue to have the right to work in France.

    However, before 1 July 2021, they must apply for the issue of a movement document endorsed "Article 50 TEU - Frontier worker/UK withdrawal agreement - Non-resident".

    This document, which is valid for 5 years and renewable, will indicate their right to exercise a professional activity in France as a frontier worker and must be requested directly at the prefecture desk of the place where the professional activity is exercised.

    Possession of this movement document will be made compulsory from 1 October 2021. Even if they are not in possession of this document before that date, British frontier workers who began working in France before 1 January 2021 will continue to benefit from their right to exercise their professional activity in France.

    Those concerned are advised to complete this process as soon as possible, as the movement document can facilitate border crossing.