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Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

French Long-Stay Visitor Visa Refused After Brexit: How a British Pensioner Can Prove Pension Income and Savings

A British pensioner who wants to settle in France after Brexit can be refused a long-stay visitor visa even when the move is genuine, the accommodation is ready and the applicant has substantial assets. The difficult point is often not the existence of money, but the way the file proves that the money is regular, available, sufficient for the whole stay and compatible with the promise not to work in France. A bank balance, a pension forecast or a family member’s informal undertaking may be legally relevant, yet still be too vague to answer the reason given in the refusal.

This article deals with the person rather than the purchase of a French property or the creation of a company. It explains the visitor route used by many retired British nationals, the distinction between a long-stay visa and a Withdrawal Agreement residence card, the evidence that can make pension and savings credible, and the remedies after a refusal. The current English Service-Public guidance on the temporary visitor residence card displays a single-person resource reference of €1,477.93 net per month over one year; the figure and the documentary list must be checked again when the application is filed. The legal analysis below also uses the current France-Visas guidance for a stay of more than three months and the French texts and decisions linked inline.

I. What Does a French Long-Stay Visitor Visa Require from a British Pensioner?

A. Which visa and financial threshold apply after Brexit?

Since the end of free movement, a British citizen who did not preserve a qualifying pre-2021 residence position cannot assume that repeated visits or ownership of a French home will authorise a permanent life in France. A stay exceeding three months normally requires a long-stay visa unless another residence regime applies. The starting rule is in Article L. 312-2 of the Code on the Entry and Residence of Foreigners and the Right of Asylum (CESEDA, the French immigration code). A British national with a Withdrawal Agreement card is in a different legal position from a British national applying for the first time as a post-Brexit visitor.

The route considered here is the visa de long séjour valant titre de séjour, usually abbreviated VLS-TS. In English, this means a long-stay visa that also operates as a residence document during its validity. Depending on the decision and the application, the person may instead receive a temporary long-stay visa, often called a VLS-T, which does not create the same renewal or residence-card pathway. The visa sticker and the decision letter matter: the label, duration and validation instructions should be read before travel.

For a retired person who will not work, the visitor category is governed by Article L. 426-20 CESEDA. In substance, the applicant must show that they can live from their own resources, have health insurance covering the stay and undertake not to carry out professional activity in France. The visitor status is not a disguised work permit. A British pensioner who plans to run a business, invoice UK or French clients from France, or continue paid consultancy should have the immigration consequences assessed under a different route. The fact that the income is paid by a UK entity does not, by itself, make work compatible with visitor status.

The financial reference is not a promise that an applicant will spend a fixed amount every month. It is a way for the administration to test whether the person can maintain themselves without relying on unauthorised work or public assistance. The Service-Public page currently presents €1,477.93 net per month for one person over a year. That is €17,735.16 on a twelve-month arithmetic calculation. A couple should not simply double every figure without checking the application instructions, because the administration looks at the household, accommodation, insurance and the evidence as a whole. A person filing several months later must verify the current amount rather than copying the number in this article.

The legal threshold also has a practical dimension. A pension paid monthly into a UK account may be more persuasive than a larger but unexplained investment portfolio, because regularity is easy to test. Conversely, a modest pension supplemented by liquid savings can be credible when the file explains the amount available, the intended duration and the monthly drawdown. The question is not “am I wealthy?” but “can I demonstrate a stable and lawful funding plan for this exact stay?”

The visa application must also address accommodation, medical cover and the absence of work. France-Visas asks the applicant to establish their socioeconomic situation, including retirement where relevant, resources, accommodation and medical insurance. The official UK position should be checked separately through the GOV.UK entry requirements for France, particularly if the person is still travelling on the 90-days-in-180-days visitor allowance while waiting for a visa. That travel allowance is not a substitute for a residence authorisation.

A residence card under the Withdrawal Agreement should not be confused with a visitor visa. The former protects a qualifying person whose residence was established within the relevant period and whose facts fit that agreement. The latter is a new immigration application based on the present project. Sending an old utility bill, a former tax document or proof that a property was bought before Brexit cannot automatically prove entitlement to a Withdrawal Agreement card, nor can a Withdrawal Agreement document be assumed to exist when the applicant never held that status.

Once a VLS-TS is issued, the holder generally has to complete the online validation or declaration process within the applicable period. Article R. 431-16 CESEDA deals with the exemption from a separate residence-card application for certain long-stay visitor visa holders during the visa’s validity. Article R. 431-17 CESEDA sets out the declaration and domicile formalities for relevant visa holders. A person should retain the confirmation, receipt and payment record. A visa sticker without proof of the required validation can cause difficulty at renewal or during a check.

The visa decision is not a ruling on French tax residence. Spending more than 183 days in France is a useful warning sign, but tax residence depends on the domestic rules and, where relevant, the France–UK tax treaty. Pension taxation, bank-account reporting and the visitor immigration test must be kept separate. The official impots.gouv.fr portal for individuals is the right starting point for tax formalities; it does not replace the immigration evidence required for a visa.

B. How should UK pension income and savings be evidenced?

The strongest financial file is coherent from page one. It identifies the applicant, the household, the intended address in France, the duration of the stay, the source of each income stream and the amount that will remain available after ordinary expenditure. The documents should tell the same story. If the application form says that the applicant will live on a State Pension and a SIPP, the bank statements, pension letters and tax records should make those streams visible. If a large sum arrived shortly before filing, the file should explain its origin instead of leaving the officer to infer that it is temporary.

For UK State Pension income, the file can include the official award or entitlement letter, recent payment evidence and bank statements showing credits. For a private pension, SIPP or occupational pension, add the provider’s statement, the payment schedule, the currency, any planned crystallisation or drawdown and the latest payments. A forecast alone is weaker than an established payment, but it may still be relevant for a person who has just retired if the retirement date and the first payment are documented. The applicant should explain whether the figure is gross or net, whether tax is withheld in the UK, and whether the French administration will receive the full cash amount each month.

Savings should be presented as liquid resources, not as a single impressive balance. Supply statements covering a sensible period, normally several recent months, for each account that will fund the stay. Identify fixed-term deposits, ISAs, premium bonds, investment accounts and pensions separately. Explain restrictions, maturity dates and early-withdrawal consequences. A property valuation is not the same as cash. A share portfolio can fall in value. A pension pot may be inaccessible or subject to tax. The file should therefore state which funds are immediately available and which are a reserve.

A simple schedule can prevent an avoidable refusal. For example:

  • recurring net pensions: £2,100 per month, with the provider and payment date identified;
  • liquid savings: £38,000, shown in statements and converted transparently into euros;
  • expected ordinary monthly expenditure: rent or mortgage, insurance, utilities, transport and food;
  • planned funding period: twelve months, with a reserve remaining after the forecast expenditure;
  • extra funding: a named account or documented family contribution, with no assumption that an informal promise is enforceable.

The schedule is not a substitute for evidence. Its value is that it directs the officer to the evidence and makes the calculation reproducible. Currency conversion should show the date and source of the rate. The applicant should avoid presenting a GBP amount next to a EUR threshold without explaining the conversion. If exchange-rate movements could bring the monthly amount below the administrative reference, retain a reasonable margin rather than planning to meet the threshold to the last pound.

Family support requires particular care. The official Service-Public guidance recognises that resources may come from the applicant or from a family member, subject to proof. A sponsor’s letter should state the relationship, the exact commitment, the period covered, the amount and the sponsor’s ability to pay. Add the sponsor’s identity document, bank statements, payslips or pension documents and proof of address where relevant. The applicant should still show personal funds where possible. A vague sentence such as “my daughter will pay for everything” leaves open the amount, duration and enforceability of the commitment.

Housing affects the assessment. A mortgage-free home can reduce expenditure, but the file should prove that the applicant can lawfully occupy it and should distinguish a property’s value from living resources. If the applicant rents, include the lease or accommodation certificate and recurring cost. If the applicant stays with family, explain the arrangement and provide the host’s evidence. For a property owned by the applicant, this article does not analyse the purchase process; the point here is only the cost and availability of accommodation as part of the visitor application.

The official documentary list is important because a file can fail through formal incompleteness even when its financial logic is sound. Annex 10 to the regulatory part of CESEDA contains the supporting-document framework for residence applications, including the visitor category. The consulate may request documents according to nationality and circumstances. Check whether a translation, certification, apostille or original is required for a particular document. Do not commission an unnecessary translation of every bank statement if the filing instructions call only for specific documents, but do not assume that an English document will always be accepted without clarification.

Recent case law illustrates why the presentation matters. In Conseil d’État, 7 November 2022, no. 449990, the court described the visitor applicant’s obligation to justify the need for a stay over three months, using the words « doit justifier de la nécessité dans laquelle il se trouve de résider en France ». This does not mean that a pensioner must prove an exceptional medical or family emergency. It does mean that the application must make the proposed long stay intelligible and credible rather than presenting France as a sequence of indefinite tourist visits.

In CAA Nantes, 3 December 2024, no. 23NT02512, the court upheld the administration’s assessment where the claimed resources were described as « n’est pas corroborée par des pièces comptables ni bancaires ». The lesson is direct: a self-certification is not enough where the file could provide bank or accounting evidence. A British pensioner should not wait for a refusal to produce documents that were available before filing.

There is no legal benefit in inflating the value of an asset or hiding a debt. Contradictions can affect the assessment of credibility beyond the missing document itself. A clean index, numbered statements and a short explanation of unusual transactions are often more helpful than a large unstructured bundle. Where the applicant has recently sold a UK property, transferred a pension, received an inheritance or moved savings between accounts, include the transaction trail and explain whether the sum is capital, income or a temporary balance.

Finally, keep the immigration and tax narratives consistent without merging them. A British pensioner may be tax resident in France while receiving a UK pension, or may have a transitional year with complex treaty questions. That does not alter the need to prove visitor resources. Conversely, proving resources for the visa does not settle where a pension is taxable. The application can state that tax advice is being obtained and can identify the intended reporting position, but it should never replace the requested financial documents with a tax argument.

II. How Can a British Pensioner Challenge a Refusal Based on Income?

A. What should be checked in the refusal and the CRRV appeal?

Start with the refusal itself, not with a generic new application. Identify the date of notification, the authority, the visa category, the stated ground and every document that the decision says was missing, insufficient or unconvincing. Preserve the envelope, email headers, France-Visas account record and appointment receipt. A refusal may use standard wording, but the wording still determines the evidence and legal argument required for the challenge.

French administrative decisions refusing an authorisation must generally be reasoned in the circumstances set out by Article L. 211-2 of the Code of Relations between the Public and the Administration. Article L. 211-5 of that code requires the reasons to state the legal and factual considerations supporting the decision. A short refusal is not automatically unlawful; the question is whether it allows the applicant to understand the decisive issue and challenge it effectively.

For a long-stay visa refusal, the first administrative appeal normally goes to the Commission de recours contre les décisions de refus de visa d’entrée en France, known as the CRRV. Article D. 312-3 CESEDA identifies the commission and its role in this route. The time limit is short: Article D. 312-4 CESEDA provides for an administrative appeal within thirty days of notification in the relevant cases. The appeal should be sent using a method that proves dispatch and receipt, with the refusal and a complete supporting file.

The CRRV appeal is not just a letter asking the consulate to reconsider. It is the opportunity to build the legal and factual record. A useful structure is:

  • identify the applicant, application number, refusal date and visa category;
  • state the request, namely withdrawal of the refusal and issue of the requested long-stay visitor visa, or a fresh assessment on the corrected record;
  • answer each stated ground in the same order as the refusal;
  • explain the lawful source, regularity and availability of pension income and savings;
  • attach a numbered evidence schedule and identify the page supporting each assertion;
  • address health insurance, accommodation, no professional activity and the purpose and duration of the stay;
  • reserve or explain the court remedy if the CRRV does not respond within the applicable period.

Do not assume that a silent CRRV is a positive decision. Article D. 312-8-1 CESEDA deals with the consequences of the absence of an express decision after two months in the relevant appeal process. The applicant should diarise the date of receipt by the commission and the date on which an implicit rejection may be formed. The acknowledgement and proof of delivery are therefore as important as the written submissions.

The reasoning can also be attacked where it is internally inconsistent. A refusal that says there is no evidence of income when the application contained official pension statements needs a focused answer: identify the document, page, amount, payment period and why it meets the requirement. If the authority relied on a balance that ignored a clearly disclosed pension, explain the omission. If it treated a capital reserve as unavailable without asking about maturity or access, provide the account terms and a calculation. The appeal should correct the evidential gap rather than merely repeat that the applicant is financially comfortable.

Recent decisions show that the reasoning must be precise enough to be challenged. In CAA Nantes, 24 February 2026, no. 25NT00460, the court referred to reasons that « ne leur permettent pas de les contester utilement » in assessing the effectiveness of the challenge. In another case, Conseil d’État, 21 April 2023, no. 468836, the court explained that the CRRV decision could be regarded as having « doit être regardée comme s’étant appropriée les motifs de la décision initiale ». These decisions make the refusal’s wording central: the appeal should confront both the original consular reasoning and any later CRRV reasoning.

A procedural error does not automatically secure a visa. The court may ask whether the applicant supplied a legally sufficient dossier and whether the administration could reasonably reach its conclusion. For that reason, a CRRV appeal should not rely only on a complaint that the refusal was formulaic. It should combine the procedural argument with the missing evidence and a clear application of the visitor criteria.

B. What evidence and procedure can lead to a better decision?

A corrected appeal file should be designed around the refusal ground. If the decision says “insufficient resources”, lead with the monthly calculation and evidence of regular pension payments. If it says “resources not established”, distinguish entitlement, payment and availability. If it questions the purpose or duration of the stay, explain the personal reason for living in France, the planned address, the return or renewal plan and why a three-month-plus stay is intended. If it refers to health cover, supply the policy wording, dates, territorial scope, exclusions and proof of payment. If it suggests that the applicant may work, include a signed undertaking and remove any contradictory business or consultancy material from the narrative, while being candid about actual plans.

For a British pensioner, the financial evidence can be assembled in four layers. First, prove identity and entitlement: passport, pension award and provider statements. Secondly, prove cash flow: bank credits, statements and payment dates. Thirdly, prove reserves: savings, investments and access terms. Fourthly, prove affordability: a realistic budget for the French address and the entire requested period. This layered method allows the reviewer to see why the pension is stable, why the reserve is liquid and how the total supports the stay.

The calculations should be conservative. If the pension is paid in pounds, show the sterling amount and the euro equivalent on the date of calculation. If the exchange rate could move against the applicant, explain the buffer. If savings are intended to supplement income, state the monthly drawdown and the balance remaining at the end of twelve months. If the applicant relies on a family member, show what the family member will pay and what the applicant can pay personally. Do not count the same money twice, for example as both an investment reserve and a family contribution.

Case law confirms that the administration has room to assess the whole situation. In CAA Nantes, 13 February 2026, no. 25NT00139, the court recorded that the applicant « il n’apporte pas la preuve de ce qu’il dispose de revenus suffisants ». The point is not that every applicant needs a particular pension product. The point is that the evidence must establish sufficient income in the circumstances of the requested stay.

Similarly, CAA Nantes, 24 February 2026, no. 25NT00678 dealt with a visitor application in which a relative’s resources did not, on the facts presented, cure the applicant’s own evidential weakness. That does not make family support irrelevant. It means that the support must be documented as a reliable part of the funding plan, rather than asserted as a possibility. Where a sponsor is central to the file, the sponsor should sign a precise commitment and prove both capacity and the relationship.

The applicant must also demonstrate the non-financial elements of the visitor route. A private health policy should cover the whole period and the relevant territory. The accommodation file should match the address stated in the form and should explain who pays the housing costs. The no-work undertaking should be unambiguous. A person who intends to volunteer, manage a UK property portfolio, advise a family company or perform remote professional tasks should obtain specific advice before relying on visitor status. Immigration authorities can look at the reality of the proposed activity, not merely the label used in the form.

The purpose of the stay must be genuine and sufficiently defined. The applicant does not need to manufacture an emergency, but should explain why France is the chosen place for the period: retirement, family life, an established personal connection, a planned cultural or lifestyle project, or another lawful non-professional purpose. The explanation should be compatible with the accommodation and financial plan. A vague statement that the applicant wants to “see what happens” may invite a concern that the visitor visa is being used as an indefinite residence route.

The administrative court stage may follow if the CRRV rejects the appeal or if the applicable implied-refusal period expires. Article R. 421-1 of the Code of Administrative Justice generally sets a two-month period for bringing an action after notification of the contested decision, subject to the rules applicable to the particular refusal and notice. The date of notification and the wording of the appeal acknowledgement must be checked carefully. Missing a time limit can be fatal even where the underlying evidence is strong.

Where travel, family circumstances or an imminent loss of a lawful position creates urgency, an interim suspension application may be considered under Article L. 521-1 of the Code of Administrative Justice. It requires urgency and a serious doubt about the legality of the decision; it is not an automatic fast-track visa. The main action and the evidence still matter. A lawyer should assess whether the timing, evidence and practical consequences justify that additional procedure.

The administration’s discretion is real. The visitor applicant cannot demand a visa merely because the financial threshold appears to be met. In Conseil d’État, 7 November 2022, no. 449990, the court recognised a broad assessment of the need for a stay and the public-interest considerations relevant to the visa decision. That makes proportionality and evidence important, but it also makes overstatement dangerous. The strongest appeal acknowledges the discretion and shows why, on the corrected facts, the decision no longer follows from the record.

In practice, a British pensioner should prepare a deadline table immediately after receiving the refusal:

  • day of notification: save the decision and record the exact reason;
  • within the next few days: request missing provider letters, bank statements, insurance wording and accommodation evidence;
  • before thirty days: finalise and send the CRRV appeal with proof of receipt;
  • two months after the commission receives the appeal: check whether an express response or an implied refusal has arisen;
  • after a rejection or relevant implied refusal: calculate the court deadline and decide whether an interim application is justified.

This article’s related guide on the 90-day rule and long-stay visa remedies for British citizens explains the wider travel and overstay context. It should be read alongside, not instead of, the refusal-specific evidence plan. The accommodation and healthcare questions can also require separate supporting documents; they do not disappear because the appeal focuses on income.

A new application may be preferable to an appeal in some cases, but it should not be used to abandon a live deadline. A new application can correct the file if the original category, dates or documents were wrong. It does not erase the significance of a refusal or guarantee that the same concern will not be repeated. The decision should therefore be made after comparing the appeal period, the strength of the corrected evidence, the cost of a second appointment and the applicant’s lawful ability to remain or travel during the process.

The legal reference points should be assembled into a working bundle, not copied as decoration. The bundle should include the relevant CESEDA provisions, the refusal, the evidence, the timeline and the requested remedy. Each factual statement in the appeal should lead to a page in the bundle. Each legal argument should explain why the authority’s stated reason is incomplete, factually wrong, insufficiently reasoned or disproportionate on the corrected record. That discipline is especially important when the applicant’s situation includes several pensions, assets in different countries or support from more than one relative.

Conclusion

A refusal of a French long-stay visitor visa to a British pensioner after Brexit is often won or lost on proof rather than on the existence of assets. The applicant must show a lawful visitor project, sufficient and available resources, health insurance, accommodation and a genuine undertaking not to work. UK State Pension income, private pensions and savings can form a credible plan, but they should be separated, calculated, dated and supported by documents that reveal regularity and access. A large account balance without an explanation can be less persuasive than a smaller but transparent combination of pension payments and liquid reserves.

The first response is to preserve the refusal and calculate the deadline. A long-stay refusal should normally be challenged through the CRRV within thirty days, with the appeal answering every stated reason and attaching the missing evidence. A silent response is not an approval. If court proceedings become necessary, the notification dates and the two-month rules require careful checking. The cases cited above show both sides of the task: the administration has a broad assessment, but the reasoning must be sufficiently intelligible for the applicant to challenge it, and the applicant must corroborate financial assertions with real documentary evidence.

British citizens should also keep separate questions separate. A visitor visa is not a property-purchase permission, a work authorisation, a tax ruling or proof of a Withdrawal Agreement residence right. The 90-day travel allowance is not long-term residence. Pension taxation and healthcare registration may need their own analysis. A well-prepared immigration file can acknowledge those issues without allowing them to obscure the central question: can this person live in France for the requested period, on the stated lawful basis, with resources that the administration can verify?

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

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