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

Lost or Stolen French Residence Card After Brexit: How British Citizens Replace a WARP and Protect Their Right to Travel

Have you lost the French residence card that proves your post-Brexit status? A missing card is an urgent practical problem, particularly if you are in Britain, about to board a flight, or dealing with a bank, employer, healthcare body or French administration. It is not, however, automatically the same thing as losing the underlying right of residence. The correct response depends on the wording of the card, the date and place of the loss, whether it was stolen, and whether the card was the five-year or permanent form of a Withdrawal Agreement Residence Permit (WARP). In French administration, a replacement copy is called a duplicata. This article explains how a British citizen can report the loss, preserve proof of status, request the replacement, deal with travel from the United Kingdom, and respond if a prefecture treats a lost document as though it were a new immigration application. The procedure and the financial analysis below reflect the official material checked on 4 September 2026, including the change to the French residence-document stamp-duty rules that took effect on 1 May 2026.

I. Does losing a French residence card after Brexit end a British citizen’s right to live in France?

A. Does a lost WARP cancel your status, or only the physical document?

The first question is whether the card was evidence of a right already acquired or the only pending proof of a right that had never been regularised. The distinction is decisive. A British citizen who exercised the right to reside in France before 1 January 2021 and continued to reside there falls within the protected category identified by Article 3 of Decree no. 2020-1417 of 19 November 2020. The text covers the British national who exercised the right to reside in France before that date and “continue à y résider par la suite”. The same decree also covers defined family members and certain frontier workers. It is the factual connection with France and the qualifying date, not the continued possession of a plastic card, which explains the protected status.

That does not make the card irrelevant. Article 7 of the same decree requires qualifying adults resident in France to hold the special residence document from 1 January 2022. The document is the practical proof presented at the border, to an employer, to a landlord, to a social-security body or to a public authority. If the card is lost, the difficulty is therefore evidential and operational: you must replace the document and create a reliable paper trail while the replacement is being processed. You should not describe yourself as a short-stay visitor simply because your WARP is missing. Nor should you assume that a photograph of the card gives the same protection as the original document at a border.

Article 7 should be read with Articles 3 and 27, rather than in isolation. The current text of Article 7 says that the title is required from 1 January 2022. That requirement concerns possession of the document; it does not create a general rule that an accidental loss retrospectively destroys the residence relationship on which the document was issued. A prefecture may still verify identity, the existing file and the precise category of title, but a routine duplicate request should not be confused with a first application by a British citizen who arrived after the transition period.

The wording on the card also matters. A WARP valid for five years is normally the document issued to a qualifying person with less than five years of relevant residence. Article 12 of the decree describes the five-year title and the wording “Article 50 TUE/Article 18(1) Accord de retrait du Royaume-Uni de l’UE”. Once five years of qualifying residence have been established, Article 21 provides for the permanent version. Its second condition is that the person “Il a résidé en France pendant cinq années et y séjourne régulièrement”. A duplicate should reproduce the category and dates of the lost card. It is not an opportunity for the administration to downgrade a permanent card to a five-year card merely because the physical document has disappeared.

There is an additional protection for people whose permanent status is being misunderstood. In Conseil d’État, 22 March 2022, no. 453326, the Conseil d’État explained that the ten-year document issued under the French system does not cap the permanent right itself. The court referred to the fact that the permanent right is “ce droit étant matérialisé par la délivrance d’un titre de séjour d’une durée de dix ans”. In plain English, the ten-year period is the life of the document, not a ten-year limit on a qualifying permanent right. This is particularly useful when a British resident has lost a permanent WARP and a form incorrectly treats the request as a fresh temporary application.

Recent administrative case law also shows why documents proving the history of residence should be kept. In CAA Bordeaux, 26 February 2026, no. 25BX01572, the court examined a late request for a permanent document under the Withdrawal Agreement. The court distinguished a late first request, which required a legitimate reason for missing the applicable filing period, from the question of whether the applicant had the substantive conditions for permanent residence. That decision is not a reason to panic about a lost card if a WARP was already issued. It is a warning to preserve evidence showing that the card existed, its number and mention, the date it was issued, the prefecture that issued it, and the continuity of residence behind it.

For the same reason, do not send a bare sentence saying “I lost my card” if the administration has no easily retrievable file. Attach a scan or photograph if you have one, the card number if it appears in an old email, an appointment notice, a payroll or social-security file, and a concise chronology. A lost document can be replaced efficiently when the file tells the prefecture exactly which document it is replacing. It becomes more difficult when the applicant supplies only a passport and asks for “a Brexit card” without identifying whether the original was the five-year Article 12 document or the permanent Article 21 document.

Finally, a lost card is different from a withdrawn card. Article 28 of Decree no. 2020-1417 permits entry or delivery of a title to be refused where the applicant’s presence constitutes a public-order threat; its wording refers to a title that “peut être refusée si la présence du demandeur constitue une menace pour l’ordre public”. A routine loss does not invoke that exception. If a prefecture sends a refusal based on public order, fraud, identity or an alleged absence of status, ask for the written decision and the precise legal reasoning. That is no longer a simple replacement problem and should be assessed as a dispute about the underlying right or the administration’s decision.

B. How much does a replacement WARP cost after 1 May 2026?

French official pages must now be read with care because there are two different questions: the tax attached to the residence title and the separate stamp duty attached to a residence card or equivalent document issued under an international agreement. Service-Public’s dedicated British-national page says that the Article 50/Article 18 card is free and that its validity is five or ten years depending on residence. That information remains useful for understanding the WARP category, but it was verified on 30 October 2025, before the fiscal provisions changed on 1 May 2026. The general Service-Public page on a lost residence card lists ordinary duplicate amounts for ordinary residence titles; those amounts should not be copied mechanically into a WARP file.

The current Article L. 436-2 of the Code on the entry and residence of foreigners and the right of asylum now states: “La fourniture de duplicata donne lieu à la perception d’une taxe du même montant que celle applicable lors de la première délivrance du titre de séjour pour le même motif.” The reference is to the tax on the first delivery of the same type of title. Article L. 436-6 adds that the relevant tax articles apply to titles provided by treaties or international agreements “sauf stipulations contraires prévues par ces traités ou accords”. The special WARP decree is therefore relevant when deciding whether the ordinary delivery tax applies.

Article 11 of Decree no. 2020-1417 is the special provision normally cited for the WARP’s free delivery and renewal. It says: “Le titre de séjour délivré ou renouvelé dans les conditions fixées par le présent décret est délivré gratuitement.” However, the current Article L. 436-7 deals separately with stamp duty and says that the relevant documents “sont soumis à un droit de timbre d’un montant de 50 euros”. That provision has been in force since 1 May 2026 and expressly refers to a residence card or equivalent title provided for by a treaty or international agreement.

The safer current legal reading is therefore as follows. The special decree supports the position that the WARP delivery or renewal tax is free. The current statute separately imposes a 50-euro stamp duty on a duplicate of a residence card or equivalent document created by an international agreement. On that reading, a British WARP holder should budget for a 50-euro tax stamp for a duplicate after 1 May 2026, while asking the prefecture to confirm in writing whether its local procedure treats the duplicate as exempt. This is more reliable than relying on an old online answer, a generic 350-euro figure or an informal comment at a counter. The amount requested by the portal or prefecture should be matched to the legal basis and to the exact wording on your card.

There is a practical difference between being asked for the current 50-euro stamp and being asked for an ordinary first-delivery or renewal tax. If a prefecture asks for 350 euros, do not simply pay and hope to recover it later. Ask which article authorises that amount for a WARP duplicate, and provide the card’s exact mention. If the request is made through a digital portal, save the screen, the payment instruction and the confirmation. If you pay a stamp, retain the electronic receipt and do not assume that payment alone proves your status. The fiscal receipt is evidence of a payment; it is not a substitute for the replacement residence document.

The Arrêté of 20 November 2020 remains important for the identity and residence evidence attached to the British-national document. Its Article 1 lists, among other things, a valid passport, a recent photograph, the existing title if held, proof of residence in France for 2020 and the documents appropriate to the applicant’s situation. For a duplicate, the prefecture may adapt the list because it already holds the original application, but keeping those records is sensible. A WARP duplicate request is strongest when the old identity and residence evidence can be connected to the current passport without ambiguity.

Do not confuse a duplicate with a renewal or a change of status. A duplicate replaces a lost or stolen physical document and ordinarily keeps its existing validity dates. A renewal is needed if the title is expiring. A request for the permanent Article 21 card may be appropriate if you have a five-year WARP and have reached the qualifying residence period. A change of address or civil status may require another administrative action. Put the correct purpose in the request. Selecting “renewal” merely because “duplicate” is hard to find can create a file that appears to be late, incomplete or based on the wrong legal provision.

Official guidance also confirms that a duplicate request has a security consequence: once the request is submitted, the original document is invalidated. If you later find the card in a drawer or in a hotel lost-property office, do not use it at the border or show it as though it remained valid. The French Service-Public procedure explains that the invalidation is definitive and that the duplicate carries the same validity dates as the lost document. Keep the confirmation of the request with your travel papers until the new card is delivered.

II. What should a British citizen do after losing the card in France or abroad?

A. What should you report and upload in France or abroad?

The place of the loss determines the first step. In France, a simple loss and a theft are not identical. For a loss, the ordinary Service-Public procedure asks for a declaration on your honour, which is a signed statement explaining that the card has been lost. For a theft, report the theft to the police station or gendarmerie, obtain the receipt for the complaint, and keep the reference number. Do not describe a theft as a loss merely to avoid making a report: the supporting document for the replacement file is different, and a false statement can damage credibility.

In France, assemble one clean digital folder before beginning the application. The folder should contain:

  • your valid British passport, including the identity page and relevant entry pages;
  • a scan, photograph or photocopy of the lost WARP, if any exists;
  • the card number, issue date, expiry date and exact wording of the residence mention;
  • the declaration on honour for a loss, or the police complaint receipt for a theft;
  • proof of your current French address, preferably recent and consistent with the prefecture’s stated period;
  • a compliant e-photo, meaning the digital identity photograph code issued by an approved photographer or booth;
  • the original delivery or renewal decision, appointment emails, prefecture messages and any certificate showing the file number;
  • supporting evidence of continuing residence, such as a lease, utility bill, tax notice, employment record, pension record, healthcare correspondence or local registration document; and
  • the fiscal instruction or receipt, if the prefecture or the online service asks for a stamp duty.

The general lost-card page on Service-Public confirms that the ordinary online route asks for a declaration on honour, a copy of the lost card if available, passport pages, recent proof of address and an e-photo. The dedicated British-national page on living in France after Brexit confirms that the local prefecture, meaning the French state office responsible for residence documents in your department, handles the residence-document process. The exact online route can differ according to the prefecture. Follow the current instruction for your department and save evidence of every submission.

Many ordinary residence-card procedures use ANEF, the online French Administration for Foreign Nationals in France service. A WARP file may also be routed through a prefecture-specific form or through the French government’s residence portal, particularly where the original Brexit service has closed. The British government’s Living in France guidance says that a British resident should report a lost or stolen WARP and request a new one through the French government portal. If the portal displays only a standard visa or ordinary residence category, do not guess. Contact the prefecture and ask which route accepts a duplicate of the exact Article 50/Article 18 document.

Make the request easy to process. Put the words “lost WARP duplicate” or “stolen WARP duplicate” in the subject line, give the exact French mention from the card, state whether the card was five-year or permanent, and identify the place and date of the loss. A short chronology is often more useful than a long narrative. Explain when the card was issued, where you live now, whether the original was ever renewed, and whether you have upcoming travel. If your passport has changed since the WARP was issued, include the old passport details if available and explain the change so that the identity link is clear.

If the card was stolen in France, attach the complaint receipt before submitting the duplicate request. If it was simply lost in France, attach the declaration on honour and keep a copy of the signed statement. If a third party later returns the card, notify the prefecture rather than using it. Service-Public states that the original is made invalid when the duplicate request is submitted. That protects against misuse, but it also means that finding the old card does not remove the need to complete the replacement process.

The procedure changes materially if you are outside France. The French Service-Public instructions for a lost or stolen residence card abroad require a report to the local police and then to the French embassy or consulate in the country where the loss or theft occurred. They also describe a visa de retour, meaning a return visa, so that the holder can travel back to France while the consulate checks the residence file with the prefecture. The official page says that the duplicate is requested after returning to France and that it carries the same validity dates as the lost card.

For a British resident in the United Kingdom, this means preparing for two separate conversations: the carrier’s boarding check and the French consular assessment. Carry your valid British passport, the police report, a scan of the WARP, proof of your French address, evidence of the original card’s number and dates, and any prefecture email. The UK Foreign Travel Advice for France makes clear that French authorities set and enforce the entry rules. A British passport alone does not prove that you are a French resident under the Withdrawal Agreement. Ask the consulate what document it will issue or endorse before booking a non-refundable journey.

If a consulate asks for evidence that appears excessive, respond with an indexed file rather than sending unrelated documents in bulk. Number each attachment and explain what it proves. For example, “Attachment 1: passport identity”, “Attachment 2: photograph of the permanent WARP”, “Attachment 3: police report”, “Attachment 4: French address”, and “Attachment 5: prefecture confirmation”. This approach reduces the risk that the only copy of the card number is overlooked. It also creates a record that can be shown to a lawyer if the consulate or prefecture later says that the original title cannot be identified.

B. Can you travel or appeal while the duplicate is pending?

Travel is the most urgent risk. The UK government states that a valid WARP or other French residence permit is needed when entering or leaving France and that a valid permit allows a legally resident British national to avoid registration in the European Entry/Exit System (EES). EES is the electronic border system for recording certain entries and exits by non-EU nationals. A photograph of a card may help an officer understand the situation, but it is not a guarantee of boarding, admission or exemption from a border procedure. If you are abroad, obtain the consulate’s travel document or return visa before relying on the replacement request.

Do not use the 90-day visitor rule as a substitute for resident evidence. A British national visiting France for a short stay may enter visa-free within the Schengen limit, but a resident returning to France under the Withdrawal Agreement has a different legal basis. Presenting yourself as a visitor can create questions about the purpose and length of your stay, especially if you have a home, family, work, healthcare registration or tax residence in France. Carry the passport together with every official document showing that a WARP was issued or that a duplicate request is being examined.

While a duplicate request is being examined in France, ask the prefecture for a written acknowledgement with the file number and the nature of the request. Article 9 of Decree no. 2020-1417 says: “Une attestation de dépôt de la demande est délivrée immédiatement.” This is an attestation of submission, not necessarily the same document as a residence card or a travel document. Keep the original PDF, its electronic signature or verification code, the submission date and all subsequent messages. If the file is handled outside the online service, ask whether a récépissé, meaning a temporary receipt for a residence application, can be issued.

The general CESEDA rules explain why the distinction matters. Article R. 431-12 provides that an applicant admitted to submit a delivery or renewal application “se voit remettre un récépissé qui autorise sa présence sur le territoire pour la durée qu’il précise”. Article R. 431-13 adds that the receipt cannot be valid for less than one month and “Il peut être renouvelé”. These provisions concern the receipt issued when the administration admits the application. They do not mean that every email or upload confirmation automatically authorises international travel. Read the wording of the document, especially any sentence dealing with work, residence and travel.

There is also a specific protection in Article 27 of the WARP decree. Pending the administrative decision, or a final judgment after a judicial challenge to a rejection, qualifying British nationals continue to benefit from residence, work and related social rights, except in the case of a fraudulent or abusive application. The article’s guarantee refers to the fact that “les ressortissants étrangers mentionnés à l’article 3 continuent à bénéficier du droit de séjourner”. That protection supports residence and work while a genuine file is pending; it should not be presented to an airline as an automatic international travel permit. For travel, obtain a document whose wording actually addresses re-entry.

If the prefecture refuses the duplicate, first identify what has really been refused. A letter may concern the physical replacement, a claimed identity mismatch, missing evidence, an alleged absence from France, the late first application or a public-order issue. Each has a different response. Ask for the complete decision, the date of notification, the legal articles relied upon, the appeal route and the administration’s record of the original card. If the prefecture has simply treated a duplicate request as a first application, state that the original WARP was already issued and attach the proof of issuance.

Article L. 432-1 of the CESEDA provides that a residence card may be refused by a reasoned decision where the person’s presence constitutes a public-order threat. The current article is not a general power to refuse every replacement request. It identifies a public-order ground that must be stated and applied to the relevant legal status. Article 28 of the WARP decree also requires the public-order exception to be assessed within the Withdrawal Agreement framework. A decision that gives no reason, uses the wrong category or ignores the existing card can be challenged on its own terms.

Silence must also be monitored. Article R.* 432-1 of the CESEDA states that “Le silence gardé par l’autorité administrative sur les demandes de titres de séjour vaut décision implicite de rejet”. Do not assume that an unanswered email means approval. Record the date of the complete submission, every request for additional documents, every acknowledgement and every appointment attempt. If the administration has not made the original file accessible, request it in writing and obtain legal advice early enough to protect any appeal period.

Recent case law illustrates both the risk and the remedy. In CAA Toulouse, 23 July 2026, no. 24TL01660, the court upheld an injunction requiring the prefecture to issue a permanent Withdrawal Agreement title after finding that the public-order assessment could not be based only on the existence of offences. The court said that the administration “ne saurait se fonder sur la seule existence d’une infraction à la loi” and had to examine the individual circumstances. That case involved a refusal of the underlying title, not a routine duplicate, but it shows why the administration’s reasoning and the evidence placed before it matter.

In the same way, CAA Bordeaux, no. 25BX01572, shows the opposite practical lesson: an attestation or an administrative exchange did not by itself cure the absence of a legitimate reason for a late first application. A British person who never obtained the required WARP must not present a first application as a duplicate. Conversely, a person who can prove that a five-year or permanent WARP was delivered should insist that the file be treated as a replacement of an existing document. The chronology and the original card evidence are what separate the two situations.

Where the refusal is unlawful or the prefecture fails to act, the administrative court can in appropriate circumstances order the administration to take a defined measure. Article L. 911-1 of the Code of Administrative Justice provides that, where the decision necessarily requires a public body to take a measure in a determined direction, the court may prescribe that measure, potentially with a time limit. The official text of Article L. 911-1 is the basis for understanding an application for an injunction. A lawyer will need to choose the correct procedure, evidence and urgent remedy; a generic complaint to a carrier or a second incomplete upload is not a substitute for that analysis.

For a pending travel emergency, send the prefecture and consulate the same indexed evidence and explain the date of travel, the route and the precise document you need. Do not ask for a vague “letter confirming everything”. Ask whether the authority can provide an attestation of residence, a receipt, a return visa or another document suitable for the border. The answer may be no, but a written answer identifies the real obstacle. If the airline refuses boarding despite the consular document, obtain the refusal in writing and preserve the booking, check-in record and communications; those records may matter later.

The best appeal file contains the original card image, the replacement request, proof of submission, the police report or declaration, identity documents, address evidence, the fiscal request, the refusal, and a timeline. Add a one-page legal explanation identifying Article 3, Article 7 or 21 as appropriate, Article 27 if a genuine application is pending, and Article 28 or Article L. 432-1 if public order is relied upon. Do not overload the application with arguments about property purchase, company creation or unrelated tax matters. Those are separate legal questions and can obscure the simple issue: an already-issued WARP was lost and must be replaced without changing the holder’s status or the card’s validity dates.

Conclusion

A lost or stolen WARP is urgent, but it is normally a document-replacement problem rather than an automatic loss of the Withdrawal Agreement right of residence. Identify the exact card, report a theft to the police, make a declaration on honour for a simple loss, submit the duplicate request through the route confirmed by your prefecture, and preserve the acknowledgement. If the loss occurred abroad, report it locally and to the French consulate and obtain written guidance on the return visa or other travel document before travelling.

The financial point requires particular care in 2026. The WARP decree says that the title delivered or renewed under its rules is free, while the current CESEDA separately provides for a 50-euro stamp duty on a duplicate of a residence card or equivalent document provided by an international agreement. Ask the prefecture to confirm the amount and legal basis for your exact card. Do not accept an ordinary residence-card tariff without checking the category. If the administration refuses, stays silent or treats an existing WARP as a new application, obtain the complete written record and seek advice promptly, especially where travel or an obligation to leave France is involved.

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

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Thank you to Maître KOHEN for his analyses of recent case law regarding fraudulent concealment in real estate sales. This reinforces my decision to pursue an action for rescission that I am considering after acquiring a house affected by serious defects intentionally concealed by the seller and not reported by the real estate agent; also defects (rising damp) characterized by progressive through-cracks and damp patches, not reported by the real estate agent… Worse, defects concealed by the latter or on his initiative under a coat of paint and polystyrene tiles glued to the ceiling of a bedroom. And said real estate agent was the drafter of the preliminary contract, which naturally contains no information regarding any of these defects. I would just add that, being 77 years old and suffering from cognitive impairment, I am certain the real estate agent thought I would not be able to uncover the deception and, above all, characterize fraudulent intent, let alone initiate legal proceedings given the complexity and length of the process... That is why I am opting for criminal proceedings, insofar as the intentional concealment of defects by the seller and then by the real estate agent

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Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

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