The Brits forced to leave their dream French homes: How UK nationals have been selling up due to France’s ‘crazy’ post Brexit rules – as bid to change visa rights for second home owners are thrown out by senior judges

Brits are selling their dream French holiday homes because of ‘crazy’ post-Brexit rules – as a bid to change visa rights for second home owners was thrown out by senior judges. 

France‘s Constitutional Council yesterday rejected an amendment to a major immigration bill which would have permitted British expats to stay in the country for longer than 90 days without the need for a visa.

If passed by the court, the changes would have allowed long-stay visas to be automatically issued to British nationals who own a second home in France, meaning they could spend as much time as they wanted in the country.

But the defeat means all Brits, including homeowners, will only be able to stay for 90 days out of every 180 days without a visa. Those who wish to stay longer will have to apply for a temporary long-stay visa which would last up to six months at a time.

The decision to reject the amendment will come as a major blow for the approximately 86,000 Brits who own second homes in France.

Evelyne Heeley, 77, and her husband Brian paid €230,000 (£197,000) for a stunning home in the Occitanie region of southern France in 2004 and soon began spending an average of 140 days a year there during the spring, summer and autumn. 

But the couple, who voted Remain in the 2016 referendum, have now sold up after struggling with the lengthy bureaucratic process of applying for long-term visas – which must be picked up from one of France’s three visa application centres in London, Manchester and Edinburgh.

*Are you a British expat with a second home in France? Email rory.tingle@mailonline.co.uk* 

‘It’s crazy,’ Ms Heeley told the i. ‘And so we decided in the end that it was too much hassle and we sold, and it sold on the day we put it up for sale.’ 

She also pointed to the risk of being banned from all 27 countries in the Schengen Area if they overstayed their visa-free period in France. 

The decision to reject the amendment for second home owners is final as there is no right of appeal against France’s Constitutional Court. But campaigners have vowed to continue their fight through other means. 

French senator Martine Berthet tabled the amendment to the immigration bill in November, arguing that pushing British citizens from investing in France’s local economies would further add to the worsening problem of empty properties in tourist hotspots.

Her proposal was tabled as an amendment to a broader immigration bill and rejected under Article 45 of the Constitution, which requires that bill amendments must relate to the original aims of the bill.

Ms Berthet blasted the judges’ decision as ‘political’ and vowed to continue her campaign.

But she said it was positive that the Constitutional Court did not criticise the idea in itself and said her party, Les Républicains, would push for a new bill on immigration matters that would include the plan to grant Britons an automatic visa. 

The conservative politician said she would speak to the Interior Ministry to see what could be done to help second home owners in the meantime. 

‘It was a first try, that has not worked, but when we bring it back, it will be a subject that a lot of people already know more about. It allows us to move forward nonetheless,’ Ms Berthet told Connexion France.

Just earlier this week, it was reported that British demand for holiday homes in France has increased nearly six-fold after the potential change in law was first mooted.

The highest number of enquiries was for the Alpes-Maritimes area, in southeast France, a region that is homes to Cannes, and borders Monaco. 

According to the Office of National Statistics, there were an estimated 152,900 Brits living in France in 2017.

The amendment had successfully passed through the two houses of France’s senate before being rejected by the Constitutional Council.

Jason Porter, a director at tax specialists Blevins Franks, told The Telegraph: ‘The element [to the immigration bill] for UK second home owners was always going to be rejected as it was not treating everyone equally as it does not apply for the other 61 countries eligible for visa entry into France.’

The fallout from Brexit means second home owners in France face a litany of problems. 

Early last year, France hit British homeowners with a rise of up to 60% in council tax charges, adding further to their woes. 

One British couple previously told the Mail that they were thinking of selling their five-bed home in France, built in the 15th Century, due to the tax increases.

Creative director Simon Amster, 55, and his wife bought the five-bed 15th century hideaway in the village of Sauveterre-de-Bearn near Biarritz for just 50,000 euros (£42,000) eight years ago.

The couple, who live in Lewes, East Sussex, currently pay 1,400 euros in annual property taxes. But they are among 86,000 British households with second homes who now face a significant tax rise thanks to President Macron’s latest reforms.

Mr Amster said: ‘Macron’s tax hikes have made us consider selling. All these additional costs mean our second home, which used to be a source of pleasure, is now a source of worry. 

‘My wife’s mother lives in the neighbouring village so it is really useful for us to have the house so we can look after her if we need to.

‘There’s also a lot of uncertainty about how badly these taxes will affect us. We’re expecting quite a big jump, maybe around 20 per cent.

‘It’s a first world problem, but it makes what used to feel like a relatively affordable holiday something which is now a serious financial concern.’