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Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

Barreau de Paris Immobilier, sociétés, affaires Fiche CNB avocat.fr
Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

Studying in France After Brexit: British Student Visa, Residence Permit, 964-Hour Work Rule, Healthcare and How to Challenge a Refusal or OQTF

Since 1 January 2021, a British school-leaver heading for a licence in Lyon, a graduate starting a master in Paris or an exchange student spending a year in Bordeaux is no longer an EU citizen exercising EU movement rights. You are a third-country national, and France treats you like any other non-European student: you need a visa before you travel, a validated residence document after you arrive, proof of enrolment and proof of money, and you must keep both until you graduate. The Withdrawal Agreement that protected Britons already settled in France does not cover newcomers, a point the British government itself makes in its Living in France guidance, which now reads as a catalogue of visas, permits and deadlines rather than rights. This guide explains the whole chain in practical order: which student visa and which student residence permit (carte de séjour, the French residence permit) to apply for, how the préfet (the state representative in each département who decides on residence permits) examines renewals, how many hours you may work, how you join the French health system, where you pay tax, and above all how you challenge a refusal or an order to leave France (obligation de quitter le territoire français, universally shortened to OQTF) before the administrative courts. Every decisive statement below is anchored to the statute or the case law quoted with it, because a student’s right to stay is too fragile to rest on approximations.

I. Getting in and staying in: the British student’s visa and residence permit after Brexit

A. Which visa and which student permit a British newcomer must apply for

Start from the basic rule, because everything else flows from it. Under Article L. 412-1 of the Code de l’entrée et du séjour des étrangers et du droit d’asile (CESEDA), the code that gathers almost all French immigration law, “la première délivrance d’une carte de séjour temporaire ou d’une carte de séjour pluriannuelle est subordonnée à la production par l’étranger du visa de long séjour”, which means the first issue of a temporary or multi-year residence permit depends on producing a long-stay visa. In plain terms, a British student cannot fly to France on a passport stamp and sort out the paperwork later: the long-stay visa must be obtained from the French consular post in the United Kingdom before departure, and it conditions every later step. The official service-public.fr guidance for foreign students confirms the sequence: you must first apply for a long-stay visa that serves as a residence permit (the VLS-TS, visa de long séjour valant titre de séjour) with the word “student” on it, valid for four months to one year, and only after a year in France do you move on to a one-year temporary student card or a multi-year student card. That guidance is published in English by the French administration at service-public.fr: foreign student in France, long-stay visa or residence permit, and it is the single most useful checklist a British family can print before the journey.

The VLS-TS is not a sticker you forget once you land. Within three months of arrival you must validate it online through the Interior Ministry portal and pay the validation fee, a step the administration describes at service-public.fr: validating a long-stay visa as a residence permit. Miss that three-month window and your visa lapses as a residence document, which means any later stay becomes irregular and any later application starts from a refusal position. Validation done, the VLS-TS covers you for its full period of four months to one year, and as it expires you apply for the temporary student card. The statute granting that card is Article L. 422-1 CESEDA, and its wording deserves to be read in full because the préfet will apply each limb of it: “L’étranger qui établit qu’il suit un enseignement en France ou qu’il y fait des études et qui justifie disposer de moyens d’existence suffisants se voit délivrer une carte de séjour temporaire portant la mention “ étudiant ” d’une durée inférieure ou égale à un an.” A foreigner who shows enrolment in education in France and sufficient means of existence is issued a temporary student card of up to one year. Two conditions, then: genuine studies and sufficient money. After one year under the VLS-TS or the one-year card, you may move to the multi-year student card (carte de séjour pluriannuelle “étudiant”), valid for two to four years and aligned with the length of your study cycle, which spares master students an annual trip to the prefecture.

The money condition is the one that causes most British refusals, so measure it exactly. Article R. 422-2 CESEDA fixes the floor: “l’étranger justifie disposer de moyens d’existence mensuels correspondant au moins à 47 % du montant brut du salaire minimum de croissance mensuel en vigueur au jour du dépôt de sa demande pour une activité à temps plein.” Monthly means of at least 47 per cent of the gross monthly minimum wage (salaire minimum de croissance, the SMIC) in force on the day you file, for full-time-equivalent activity. It is a monthly test, not an annual average, and it is assessed on the day of the application, so a bank statement topped up the night before the appointment, a parental undertaking without transfers to back it, or a scholarship letter that covers only tuition will all be read with suspicion. Acceptable proof in practice means regular personal resources: savings in your name seasoned over several months, a scholarship paid monthly, a written parental maintenance commitment accompanied by their bank statements and the actual monthly transfers, or a combination of these. Keep every transfer slip, because at renewal the préfet will ask for the same proof again and will compare. The enrolment limb is completed by Article L. 422-7 CESEDA, which sends the detail of the required resources and enrolment conditions to a decree, and by the narrow exemption in Article L. 422-2 CESEDA for students admitted through the competitive entrance examination of a higher-education institution that has signed an agreement with the state, who receive the card on first admission without proving means or producing the long-stay visa. If that exemption does not describe you, assume both conditions apply in full.

Two Paris-specific points belong here, since a large share of British students head for the capital. First, applications and renewals run through the national online portal of the Interior Ministry (the ANEF system, Administration numérique pour les étrangers en France), and Paris files are handled within that circuit; file early, keep the digital receipt of every submission, and never let the online account lapse, because the receipt (récépissé) is what keeps you lawful while the prefecture examines your file. Readers who want the general newcomer sequence, beyond the student route, will find it in our companion guide to the long-stay visa and first residence permit for British newcomers. Second, choose accommodation you can prove: prefectures check the reality of your address, and in Paris this means a lease, a CROUS (Centre régional des oeuvres universitaires et scolaires, the public student-services body) housing certificate, or a proper hosted-person certificate (attestation d’hébergement) with the host’s identity document, proof of address and, increasingly, proof that the host actually has room for you. A vague letter from a friend is the classic weak link in an otherwise solid student file.

B. Renewing the student card in France: means, marks and the prefect’s review

Renewal is where British students most often discover that the student card is a conditional permission, not a reward for past enrolment. The timetable is strict: the official guidance states that you must apply at the earliest four months and at the latest two months before your current document expires, whether that document is a visa, a VLS-TS or a card. File late and you fall into the second case of Article L. 611-1 CESEDA on removal orders, which targets foreigners who remain without applying for renewal of the permit issued to them, and the prefecture may then refuse and order you out in the same decision. The substance of the review has two limbs that mirror first admission: sufficient means again, and this time the reality and seriousness of the studies you declared. Means are re-tested against the same 47 per cent formula at the date of the renewal application, so a first-year file funded by visible monthly transfers followed by a second-year file showing an empty account invites refusal. Studies are tested through attendance, results and progression, and here two published court of appeal decisions, both concerning renewal refusals confirmed on appeal, show exactly how judges reason and what evidence fails.

The first ruling every student file should be measured against is CAA Nancy, 10 November 2020, no. 19NC03316. The student, who had entered France on a student long-stay visa and twice renewed his card, was refused a third renewal with a thirty-day order to leave. The court recalled the governing principle in terms that still frame every renewal: “Le renouvellement de cette carte est subordonné, notamment, à la justification par son titulaire de la réalité et du sérieux des études qu’il a déclaré accomplir.” Renewal depends, in particular, on proof of the reality and seriousness of the declared studies. The facts were then weighed year by year: two failed first years in a science degree at Le Havre with averages of 7.691 and then 8.874 out of 20, a change of direction to logistics and transport at Besançon, a third first-year validated at only two teaching units with an average of 9.697, and no full academic year validated after three years in France. The student’s explanation, genuine difficulty with mathematics leading to a better-suited course, was heard but did not save the file, because after more than three years only two units marked “une réelle progression”, a real progression, in the court’s words. Two holdings matter for every British reader. First, the late validation of the first year in June 2019, after the February refusal, was declared irrelevant: “postérieurement cependant à la décision portant refus de titre de séjour litigieuse”, it came after the contested refusal, and legality is assessed on the day the decision is taken. Catching up after the refusal does not retroactively make the refusal unlawful. Second, the court concluded that “en estimant que M. C… ne justifiait pas du caractère réel et sérieux de ses études… le préfet… n’a pas entaché sa décision d’erreur d’appréciation”, the prefect had made no error of assessment, and the operative part follows: “Article 1er : La requête de M. C… est rejetée.” The application was dismissed, refusal and removal order together.

The second ruling sharpens the lesson and adds the means limb. In CAA Lyon, 20 October 2022, no. 21LY02327, a student who had arrived in 2015 had validated only one year of study in five, moving from physics-chemistry to mechanics and then to a first year of health studies, and the prefect of the Rhône refused renewal with a ninety-day departure period. The court applied the treaty wording governing that file, which mirrors the general statute: “Ce titre de séjour est renouvelé annuellement sur justification de la poursuite effective des études ou du stage et de la possession de moyens d’existence suffisants”, renewal each year on proof of effective pursuit of studies and of sufficient means. One validated year in five satisfied neither limb, and the appeal failed. British students fall under the general CESEDA, not that bilateral convention, but the test is identical in substance: Articles L. 422-1 and R. 422-2 require enrolment plus means at first issue, and the courts require continued effective studies plus means at renewal. Draw the operational conclusions now, before trouble starts. Attend classes and sit examinations, because unexplained absences read as absence of studies. Keep every transcript (relevé de notes), attendance certificate and jury decision, including bad years, because a gap you cannot document becomes a gap you cannot explain. If you change direction, write the reasons down at the time: a reorientation toward a course that suits your profile is legitimate, as the Nancy student argued, but it persuades only with contemporaneous evidence and improving results afterwards. Repeat years sparingly and never stack them without validated units, since the courts count validated years, not years spent. And keep the money proof continuous from the first visa to the final renewal, because means are tested every single time.

II. Living as a British student in France: work, healthcare, tax and fighting a refusal

A. Working 964 hours, seeing a doctor and paying French tax as a British student

Three questions dominate every British student’s daily life in France: may I work, am I covered if I fall ill, and must I file a French tax return. Each has a precise answer, and each answer carries a trap for the unwary. Start with work, because the right is generous but capped. The same Article L. 422-1 CESEDA that grants the card adds: “Cette carte donne droit à l’exercice, à titre accessoire, d’une activité professionnelle salariée dans la limite de 60 % de la durée de travail annuelle.” The card gives the right to salaried work as an accessory activity, capped at 60 per cent of annual working time. Sixty per cent of the statutory annual working year is 964 hours per twelve-month period, a figure the administration confirms at service-public.fr: can a non-European student work in France, and the competitor guides that rank on this query, from Campus France’s own page on working during your studies to detailed 964-hour calculators, all orbit the same number without always explaining its legal edges. Within the 964 hours, no work authorisation is needed: the student card itself is the authorisation, and the employer only completes a nominative declaration (déclaration nominative) to the prefecture of the département where the hiring establishment sits, at least two working days (jours ouvrables) before the start date, by any means giving a certain date to receipt. If the prefect does not answer within two working days, the declaration counts as verification of the work authorisation. Beyond 964 hours the regime flips: the employer must apply for and obtain a work authorisation before the activity starts, through the online procedure, and hiring without it exposes the employer to sanctions and the student to a finding of unlawful work, which is one of the express grounds for a removal order under Article L. 611-1. Two refinements complete the picture. Work-study contracts validated by the skills operator (opérateur de compétences, OPCO, or the DREETS for public-sector contracts) dispense with the authorisation and may exceed 964 hours within the course framework, which is how apprenticeships and professionalisation contracts fit. And supervised placements under a proper internship agreement (convention de stage) sit outside the quota altogether. Keep every payslip and every contract, because at renewal the prefecture may cross-check declared hours against the quota, and an unexplained overrun reads as disregard for the accessory character of student work.

Healthcare follows a different logic but the same demand for paperwork. The foundation is Article L. 160-1 of the Code de la sécurité sociale: “Toute personne travaillant ou, lorsqu’elle n’exerce pas d’activité professionnelle, résidant en France de manière stable et régulière bénéficie, en cas de maladie ou de maternité, de la prise en charge de ses frais de santé”, everyone working or, if not working, residing in France on a stable and lawful basis is covered for health and maternity costs. A British student with a validated VLS-TS or a student card, enrolled and resident, meets that test and joins the French system through the local health insurance fund (Caisse primaire d’assurance maladie, CPAM; in the capital, the CPAM de Paris), which issues the carte Vitale, the green smart card that opens direct settlement with doctors and hospitals. Register promptly after arrival, because affiliation takes weeks and a gap in cover is exactly when accidents happen. For the first weeks, travel with a UK Global Health Insurance Card (GHIC), whose student use the British government documents in its Living in France guidance, and keep a comprehensive private cover for anything the French system reimburses only partly, since France reimburses most care at fixed tariffs rather than in full. Students who work their 964 hours also accrue employed-person cover through contributions, which is a second route into the same system, not a substitute for registering. Our detailed walkthrough of affiliation, GHIC use and billing disputes sits in the newcomer sequence, and the healthcare-specific companion covers CPAM registration and contested bills.

Tax is the subject students neglect until the first brown envelope arrives. France taxes residents on worldwide income, and residence for tax (domicile fiscal) follows Article 4 B of the Code général des impôts: “Sont considérées comme ayant leur domicile fiscal en France… a. Les personnes qui ont en France leur foyer ou le lieu de leur séjour principal ; b. Celles qui exercent en France une activité professionnelle, salariée ou non, à moins qu’elles ne justifient que cette activité y est exercée à titre accessoire”, persons with their home or principal place of stay in France, and persons working in France unless the work is merely accessory. A British student whose home and principal stay are in France for the academic year will normally be French-resident for tax, and the student job, being accessory by statute, does not by itself create a second professional domicile. Consequence: file the first French return the spring after arrival, declare the student wages (modest wages usually fall below the taxable threshold but the return itself is mandatory for residence proofs, housing benefit and later cards), declare any UK-source income such as interest or a parental allowance routed through a UK account, and claim the bilateral treaty to avoid double taxation where the treaty gives the United Kingdom the taxing right. The mechanics of that first return, forms 2042, 2047 and 3916 for foreign accounts, are set out step by step in our guide to the first French tax return after moving from Britain. One forward-looking provision rewards students who finish well: Article L. 422-10 CESEDA gives a former student cardholder who holds health insurance and has earned, in a nationally accredited institution, “un diplôme au moins équivalent au grade de master”, a degree at least equivalent to master level, a one-year temporary card marked “recherche d’emploi ou création d’entreprise”, job-search or business creation, either to complete training through a first professional experience “sans limitation à un seul emploi ou à un seul employeur”, without limitation to a single job or employer, or to pursue a business project in the field of training. That bridge year is the lawful route from lecture hall to payslip, and the later move to an employee card is covered in our guide to the salarié card and the work-authorisation trap.

B. Challenging a student-permit refusal, withdrawal or OQTF before the French courts

A refusal never arrives alone. When the préfet refuses to issue or renew a student card, the same order almost always adds an OQTF, because Article L. 611-1 CESEDA expressly allows removal where “L’étranger s’est vu refuser la délivrance d’un titre de séjour, le renouvellement du titre de séjour… ou s’est vu retirer un de ces documents”, the foreigner has been refused issue or renewal of a permit or has had one withdrawn. The standard student OQTF gives thirty days to leave by your own means (délai de départ volontaire), and exceptionally it may order departure without delay where the statute so provides. Both limbs, the refusal of stay and the removal order, can be challenged together before the administrative court (tribunal administratif), as Article L. 614-1 CESEDA confirms: “La décision portant obligation de quitter le territoire français ainsi que la décision relative au séjour… peuvent être contestées devant le tribunal administratif.” Deadlines are then everything, and they are unforgiving. The official OQTF guidance at service-public.fr: obligation to leave France draws the line every student must memorise: against a thirty-day OQTF, where you are neither detained nor under house arrest, you have one month from notification to file, and the court has six months to rule; against an OQTF without delay, you have forty-eight hours from notification, and the single judge rules in ninety-six hours. A petition to the prefect for reconsideration (recours gracieux) or to the minister (recours hiérarchique) does not extend these limits, so filing a polite letter instead of a court claim is how winnable cases are lost. Lodge the claim with the territorially competent court for the prefecture that decided, which for a Paris decision means the Paris administrative court, and attach the full file at once rather than in dribs and drabs.

Three remedies combine in practice, and a competent challenge uses all three that fit. First, annulment (recours en annulation) attacks the refusal’s legality: defective reasoning, misapplied 47 per cent test, means assessed on the wrong date, transcripts ignored, or a manifest error in judging the seriousness of studies against the Nancy and Lyon yardsticks. Second, where the refusal is accompanied by a thirty-day OQTF and the student must stay enrolled, interim suspension (référé-suspension) asks the duty judge to halt execution. Article L. 521-1 of the Code de justice administrative sets the test: “le juge des référés… peut ordonner la suspension de l’exécution de cette décision… lorsque l’urgence le justifie et qu’il est fait état d’un moyen propre à créer, en l’état de l’instruction, un doute sérieux quant à la légalité de la décision.” Suspension where urgency justifies it and a plea raises serious doubt about legality, with the annulment claim then judged as quickly as possible. An imminent exam session, a signed internship agreement or a paid term’s fees going to waste all document urgency, while a solid transcript plus bank statements feeds the serious doubt. Third, if the file has genuinely improved since the refusal, a reasoned request for re-examination (demande de réexamen) with fresh evidence can run alongside the court claim, but never instead of it. What never works is the Nancy student’s strategy of validating the year after the decision and hoping the court counts it: legality is frozen on decision day, so improvements must either predate the order or support a new application. And never let the document expire while waiting: remaining without applying for renewal is itself a removal ground, turning a weak renewal file into an OQTF file.

Build the evidence file as if the judge, not the prefecture counter, were your first reader. Enrolment certificates for every year, all transcripts including failures, proof of attendance where the university issues it, a short dated statement explaining any reorientation, monthly bank statements showing the 47 per cent floor met continuously, scholarship decisions, parental transfers with the matching slips, the lease or housing certificate, health cover proof, and payslips kept under the 964-hour ceiling. Address each refusal reason in the same order the order uses, concede nothing you can prove, and produce the proof rather than asserting it. Students in Paris add one practical layer: keep the online portal receipts, the validation confirmation of the VLS-TS, and every récépissé issued pending renewal, because those slips are the only lawful-status documents you hold for months at a time. The two appeal rulings studied above show judges who count validated years, weigh monthly means, and forgive neither undocumented reorientation nor post-decision catch-up; they also show prefects whose refusals stand when the file is thin. A thick, ordered, continuous file reverses that balance more often than any rhetoric.

Conclusion

A British student’s French journey after Brexit is a chain of exactly linked steps: a long-stay student visa obtained in the United Kingdom, online validation within three months of arrival, a temporary student card conditioned on genuine studies and monthly means of at least 47 per cent of the gross minimum wage, renewal applied for between four and two months before expiry, 964 hours of accessory work at most, health cover through the CPAM with GHIC bridging the first weeks, a first tax return the following spring, and for master graduates a one-year job-search or business-creation card as the bridge to working life. Each link has its statute, its deadline and its proof, and the courts assess every refusal on the file as it stood on decision day. Prepare the means before departure, validate the visa on arrival, renew early, keep every transcript and every transfer slip, stay under the hours ceiling, and challenge any refusal together with its OQTF within the one-month or forty-eight-hour limit as the case requires. Handled that way, the student route remains what it has always been for diligent applicants: the most predictable path a young Briton has into long-term life in France.

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

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