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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

British in France After Brexit: the French Language Test for Your Carte de Sejour (A2, B1, Civic Exam) and How to Challenge a Refusal

Since 1 January 2026, a British citizen who applies in France for a first multi-year residence card (carte de séjour pluriannuelle) or a first ten-year resident card (carte de résident) must prove a set level of French and pass a civic exam. The administration states the rule plainly: since 1 January 2026 non-European nationals who apply for a first multi-year or resident card must prove their French, at A2 level for the multi-year card and B1 for the resident card (service-public.fr, page verified 10 February 2026). Because the United Kingdom left the European Union, British applicants count as non-European nationals for this purpose, and the préfecture (the local office of the State that issues residence permits) applies the same thresholds to them as to any other third-country national. A file that was perfectly sufficient in 2024 can now draw a refusal for one missing certificate, and that refusal can arrive together with an order to leave France. This article explains, for a British reader, which level attaches to which card, how to prove it with papers the préfecture must accept, who escapes the obligation entirely, and how the administrative courts review a refusal so that a challenge is built on the right arguments from day one. Every French term is translated when it first appears.

I. The New Language Bar for British Applicants: A2 for the Multi-Year Card, B1 for the Resident Card

Before Brexit, none of this concerned a British citizen: free movement meant no residence permit at all. Since the end of the transition period, a Briton who settles in France follows ordinary French immigration law — a first one-year temporary card (carte de séjour temporaire), then a multi-year card, then possibly the ten-year resident card — except for those covered by the Withdrawal Agreement, whose specific card follows its own track (see the note on Withdrawal Agreement cards in section II below). The language conditions described here attach to the ordinary-law route, which is the one most post-Brexit arrivals take, whether they come as a spouse, an employee, a self-employed person, a retiree visitor, or a student moving into a longer status. Two different moments in that journey now carry two different language thresholds, and confusing them is the most common and most expensive mistake in a file.

A. Your First Carte de Séjour Pluriannuelle Now Requires Level A2 and the Civic Exam

The carte de séjour pluriannuelle is the multi-year residence card, usually valid for four years, that a foreigner may request after one year of regular residence under a long-stay visa or a temporary card. Article L. 433-4 of the Code on the Entry and Residence of Foreigners and the Right of Asylum (the CESEDA, the immigration code) lists the cumulative conditions, and language sits among them. The applicant must show attendance and serious participation in the State-prescribed training under the Republican Integration Contract, and then: “Il a obtenu un résultat à l’examen mentionné au sixième alinéa de l’article L. 413-3 supérieur ou égal à un seuil fixé par décret” — he or she has obtained, in the exam described at article L. 413-3, a result at or above a threshold set by décret (a government regulation) (article L. 433-4 of the CESEDA). That exam is the civic exam (examen civique), which the administration describes as compulsory for both cards. It follows the State civic training on the values, principles and institutions of the Republic, and a candidate who fails may sit it again on request at any time.

Alongside the exam, the applicant must prove spoken and written French at a level the statute describes functionally: “Il justifie d’une connaissance de la langue française lui permettant au moins de comprendre des expressions fréquemment utilisées dans le langage courant, de communiquer lors de tâches habituelles et d’évoquer des sujets qui correspondent à des besoins immédiats” — he or she shows knowledge of French sufficient at least to understand frequently used everyday expressions, to communicate during routine tasks, and to discuss subjects matching immediate needs (article L. 433-4 of the CESEDA). In the European scale (the Common European Framework of Reference for Languages, CECRL), the official service-public.fr page verified on 10 February 2026 translates this into level A2 for every first multi-year-card applicant under 65. Level A2 is elementary but real: understanding isolated sentences about family, shopping or work, handling simple routine exchanges, and describing your background in simple terms. It is well above waving a phrasebook at the counter, and well below fluent conversation.

Three practical consequences follow for a British file. First, the year before the application is the year to learn: the Republican Integration Contract (contrat d’intégration républicaine, universally called the CIR) is signed with the State on first admission — “conclut avec l’Etat un contrat d’intégration républicaine par lequel il s’engage à suivre les formations et dispositifs d’accompagnement qui lui sont prescrits” (article L. 413-2 of the CESEDA) — and the language training it prescribes is State-funded: “La formation linguistique mentionnée au 2° comprend un nombre d’heures d’enseignement de la langue française suffisant pour permettre à l’étranger primo-arrivant d’occuper un emploi et de s’intégrer dans la société française” (article L. 413-3 of the CESEDA). The Office for Immigration and Integration (OFII, the agency that runs the CIR) organises these hours; attending them assiduously matters twice, because attendance itself is condition 1° of article L. 433-4. Second, the applicant must separately hold a recognised certificate at A2 — the State-funded training alone does not generate the certificate automatically, a point developed in section II. Third, the condition must still be met alongside the others: continuing to satisfy the conditions of the previous temporary card, and having had access to State-funded courses in the department of residence. A refusal that cites language when the real weakness is, say, lost employment should be read carefully, because each ground must stand on its own evidence.

B. Your First Carte de Résident Now Requires Level B1, With One Age Exemption That Matters Greatly to British Retirees

The carte de résident is the ten-year resident card, the most stable status short of nationality, and the language bar rises with it. Article L. 413-7 of the CESEDA makes first delivery of the card conditional on republican integration, assessed in particular on the civic-exam result — “qui doit être supérieur à un seuil fixé par décret” (which must exceed a threshold set by décret) — and on knowledge of French “de nature à lui permettre au moins de comprendre des conversations suffisamment claires, de produire un discours simple et cohérent sur des sujets courants et d’exposer succinctement une idée”: enough to follow sufficiently clear conversations, to produce simple coherent speech on everyday subjects, and to set out an idea briefly (article L. 413-7 of the CESEDA). The official page converts this into level B1 of the European scale for every first resident-card applicant under 65. B1 is independent-user territory: following clear conversation, giving a simple coherent account, explaining a plan or a problem. For a Briton who has lived in France for years speaking English at home and getting by with transactional French at the market, B1 is the level that most often fails on the written-expression paper, not the oral.

The same article provides the exemption that matters most to the large British retiree population in France: “Les étrangers âgés de plus de soixante-cinq ans ne sont pas soumis à la condition relative à la connaissance de la langue française” — foreigners over sixty-five are not subject to the French-language condition (article L. 413-7 of the CESEDA). Note the asymmetry the statute creates: the exemption at sixty-five attaches to the resident card (article L. 413-7), while the multi-year card page frames its A2 condition as applying to applicants “under 65”. In both cases the practical message for a British household is the same: a 68-year-old applying for the ten-year card does not have to produce a B1 certificate, though the civic-exam result and the integration assessment remain. Younger spouses in the same household must still meet their own level, and a file should never assume the exemption transfers — each applicant is assessed individually, and the préfecture checks the date of birth on each demand.

The resident card also sits at the centre of the later stages of a French life, which is why the B1 investment pays beyond the card itself. The permanent resident card (carte de résident permanent, of indefinite duration), available on expiry of a resident card, expressly requires the same conditions: it “peut être délivrée à l’étranger qui en fait la demande, à condition que sa présence ne constitue pas une menace pour l’ordre public et qu’il satisfasse aux conditions prévues à l’article L. 413-7” (article L. 426-4 of the CESEDA). And French nationality by naturalisation sits higher still, at B2 on the European scale under its own track — a reminder that the ladder A2, B1, B2 is now the single spine of long-term settlement: each rung passed with a recognised certificate stays in the file and serves the next application, while each rung missed postpones everything above it. British applicants who plan to stay should therefore treat every language certificate as a durable asset, keep the originals, and file a copy with each renewal even when the new card does not strictly require it, because the paper trail of integration is what the administration reads first.

II. Proving Your French, Knowing If You Are Exempt, and Challenging a Refusal Before the Administrative Court

Knowing the level is half the battle; the other half is paper. French immigration procedure is a law of documents: the préfet (the préfet, the State’s representative who signs the decision) does not assess your French over the counter but reads the certificates in the file, and the administrative judge later reviews exactly that file. The British applicant who understands which papers the administration must accept, which statuses escape the requirement, and how a court dissects a refusal holds three distinct advantages, each developed below.

A. Which Certificates the Préfecture Must Accept, Who Escapes the Requirement, and the State-Funded Training to Use First

The recognised proofs fall into three families. First, French diplomas that attest the level by definition, notably the DELF (the official diploma in French-language studies) at A2 or B1. Second, professional certifications registered for the purpose. Third, language certifications from bodies recognised by the Ministry of the Interior, taken face to face in an approved examination centre, in a single session, with identity checks and anti-fraud supervision, covering oral expression, written expression, oral comprehension and written comprehension separately. The ministry’s recognised tests include the TCF (the French-knowledge test) in its residence-card version, organised through the France Éducation international network of approved centres. A certificate from an unlisted online provider, a school attestation of “twelve weeks of evening classes”, or a self-declaration of bilingual life, however honest, does not meet the regulatory format — and this is where many British files fail: the applicant genuinely speaks A2 or B1 French but holds no paper in the required format. The remedy is to book the recognised test early, because results take weeks and the ANEF online filing system (the Administration Numérique pour les Étrangers en France, the portal through which most applications are now lodged) closes the file on the day it is lodged, not the day the certificate arrives.

Before booking anything, check whether the requirement applies at all, because several common British situations escape it. The statute carves foreigners exempted from signing a Republican Integration Contract out of the multi-year card language condition (article L. 433-4, 3° of the CESEDA), and article L. 413-5 lists the statuses dispensed from signing the CIR. That list includes the temporary “visiteur” card (the visitor card for retirees and other financially self-sufficient residents, at L. 413-5, 5°), students, trainees, and several talent and intra-group categories. Concretely, a British retiree living in France on a visitor status, who does not work and lives on pension and savings, signs no CIR and therefore faces no A2 condition when moving to a multi-year card on the same basis — a significant and little-known relief for the Dordogne and Lot retiree communities. Beneficiaries of subsidiary protection and stateless persons are likewise outside the obligation. Each exemption is status-specific: if the same person later switches from visitor to employee, the new track carries its own conditions, and the file must be rebuilt accordingly.

Two British-specific warnings complete the picture. Withdrawal Agreement beneficiaries — Britons resident before 31 December 2020 who hold the specific WA card — live under the Agreement’s own residence track, and the conditions for renewing that card are not the ordinary-law A2/B1 regime described here; our dedicated guide to renewing the Withdrawal Agreement card and challenging a refusal or removal order remains the reference for that track (British WARP Card in France After Brexit: Renewing Your Withdrawal Agreement Residence Permit, Travelling on an Expired Card, and Challenging a Refusal or OQTF). And newcomers on the ordinary track should start with the State-funded OFII language training prescribed in their CIR rather than paying a private school first: the training is State-funded, attendance counts toward the statutory conditions, and the OFII counsellor directs the learner to the right recognised test at the right moment. Our companion guide to the first visa and first residence permit sets out that whole journey step by step (British Newcomer Needs a French Visa After Brexit: Which Long-Stay Visa, Which Carte de Sejour, and How to Challenge a Refusal or OQTF). For the British side of the move, the UK government’s Living in France guide remains the official starting point for residence, healthcare and practicalities.

B. How to Challenge a Language-Based Refusal: Motivation, Manifest Error, the Two-Month Deadline, and the Removal Order That May Come With It

A refusal grounded on language is never just a letter saying “your French is not good enough”. It is an administrative decision that must satisfy three judicial controls, and the challenge is built by testing each in order. First, reasoning (motivation): the decision must state the legal bases and the factual findings so the applicant understands what failed. The administrative court of appeal of Paris upheld this discipline in a case where the refusal cited the immigration code and recorded that, on the evidence in the file, the applicant showed neither a sufficient level of French nor sufficient resources over the reference period — a formulation the court held sufficiently reasoned (CAA Paris, 6 July 2021, No. 21PA00612, full decision on Légifrance). The lesson cuts both ways: a decision that names the texts and the missing proof survives the reasoning challenge, so the applicant’s energy belongs on the substance; but a decision that refuses without citing the applicable level, or that invokes language for a status the statute exempts, fails at this first hurdle and should be attacked there.

Second, manifest error of assessment (erreur manifeste d’appréciation): did the préfet, on the papers before him, commit an error no reasonable authority would commit? Here the recognised certificate is decisive. In the same Paris decision, the court observed that the préfet would have taken the same decision on the sole ground of the missing language certificate, and therefore rejected the annulment claim. The hierarchy is brutal and must be understood before litigating: a valid recognised certificate at the required level in the file at the date of the decision almost always wins; testimony about real spoken ability, unlisted school attestations, or a certificate obtained after the decision almost never overturns it. The practical corollary is procedural: if the certificate arrives days after the refusal, the stronger move is usually a fresh, complete application alongside the court challenge, not the court challenge alone, because the judge reviews the file as it stood when the préfet decided.

Third, proportionality and private life (article 8 of the European Convention on Human Rights): where the refusal is accompanied, as it often is, by an obligation to leave France (obligation de quitter le territoire français, OQTF) — sometimes without a voluntary-departure period and with a re-entry ban — the court weighs length of residence, family ties, employment, schooling of children, and integration, of which language is one element among others. Recent litigation shows applicants systematically pleading their French as part of that balance, and courts answering on the full picture rather than on language alone. The applicant threatened with removal should therefore plead the whole life, not the single certificate: years in France, French-schooled children, stable work, tax residence, community ties — each documented. And time is short: “La juridiction ne peut être saisie que par voie de recours formé contre une décision, et ce, dans les deux mois à partir de la notification ou de la publication de la décision attaquée” (article R. 421-1 of the Code of Administrative Justice) — the administrative court must be seized within two months of notification of the decision. In Paris and the Île-de-France, the competent court is the Paris administrative court for most of the capital’s files, with others falling to Montreuil, Cergy-Pontoise, Melun or Versailles according to the applicant’s address; filing goes through the Télérecours application, and any accompanying OQTF with no voluntary departure period calls for an urgent interim application alongside the main claim, because removal can otherwise be enforced while the case waits.

Beyond the courtroom, two preventive moves outperform any litigation. One is the calendar: book the recognised A2 or B1 test the month the CIR training ends, not the month the card expires, and sit the civic exam at the first invitation, since a failed candidate may re-sit on request at any time and an early pass removes the issue from the file entirely. The other is the paper trail: keep every OFII attendance sheet, every training certificate, every test result, and the over-65 identity evidence where relevant, and file copies even when the portal does not mark them mandatory — the préfet who sees a complete integration history rarely reaches for the language ground, and the judge who sees it reads the file with different eyes. Language, in the new French system, is not a cultural ornament on a residence file; since 1 January 2026 it is a statutory condition with a number attached, and British applicants who treat it with the same seriousness as their passport, their lease and their tax return will find it the most predictable part of their French journey rather than the ground on which it founders.

Conclusion

Since 1 January 2026, the rule for British residents is arithmetic: A2 and the civic exam for the first multi-year card, B1 and the civic exam for the first ten-year resident card, no language condition past sixty-five for the resident card, and no condition at all for statuses the statute dispenses from the Republican Integration Contract — with the proofs confined to diplomas, professional certifications and recognised tests taken in approved centres. The Withdrawal Agreement track stands apart under its own rules. A refusal that respects these coordinates must be answered with a recognised certificate and, where needed, a fresh complete file; a refusal that departs from them — wrong level, exempt status, missing reasons — is vulnerable before the administrative court within the two-month deadline, with the applicant’s full private and family life pleaded alongside the language point. The French administration states its thresholds openly, the courts enforce the paper strictly, and the British applicant who learns early, certifies in the recognised format, and files completely holds every card that counts. Key references: article L. 413-2, article L. 413-3, article L. 413-5, article L. 413-7, article L. 433-4 and article L. 426-4 of the CESEDA, the service-public.fr page on proving French for residence cards, the service-public.fr page on the Republican Integration Contract, and the Interior Ministry civic-exam portal reached from that service-public.fr page.

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

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