Second-home owners in France might be tempted to apply for a 12-month visa in order to avoid having to abide by the 90-day limit on visits to their property – but there are some things to consider before doing so.
If you are a non-EU citizen who owns a second home in France, you might have been looking for a way to spend more time at your property than 90 days out of every 180 (assuming you come from a country with a Schengen visa-waiver).
It’s quite common for second-home owners to request the six-month ‘visitor’ visa – this allows them to spend more than 90 days at a time at their place in France, while still keeping their primary residency back in their home country.
There are drawbacks to this type of visa, however.
For a start you only get unlimited visits to your second home for the six months that the visa is valid for.
The visa is also not renewable, so people with this visa type usually have to wait six months after the visa ended and then apply again – starting from scratch each time with the visa application process.
There is, however, a second type of visa commonly referred to as ‘visitor’ – this one lasts for 12 months, meaning no limit to visits to France for a whole year. Its correct name is the visa de long séjour valant titre de séjour visiteur or VLS-TS.
The short-stay (usually six months) visa has a confusingly similar name – visa de long séjour temporaire visiteur – or VLS-T.
There are, however, important differences between the two, outlined here: VLS-T or VLS-TS: What are the key differences between France’s visitor visas?
At first glance, the 12-month VLS-TS visa may appear more enticing, offering greater flexibility for when you can visit your French property, but this visa brings with it possible complications and unforeseen consequences.
Becoming a ‘resident’ – Second home owners, by definition, do not consider themselves residents of France and in general do not want to be French residents. For all sorts of reasons, ranging from tax to family issues, the majority of second-home owners prefer to keep their residency in their home country and visit France when they want
Of course, some may one day decide to take the plunge and make France their full-time home.
The risk, however, with a 12-month visa is unintentionally being considered a French ‘resident’, with all the responsibilities that comes with it.
READ ALSO: What are your responsibilities as a resident of France?✎
The term ‘residency’ is difficult to define, as there are several types of residency.
Immigration attorney Daniel Tostado explained: “Legal residency is, yes or no, do you have a visa/residency permit. If you’re a tourist, you’re not a legal resident, and if you do have a visa, then you are. Tax residency (fiscal residency) is whether or not you pay income tax in France”.
The French government does not offer one single definition for ‘residency’ either, but in 2021 it gave the following advice to second-home owners in France.
The government said: “If you are spending between three to six months a year in France, you are not considered a resident in France (…) You will have to apply for a temporary long-stay visitor visa, the ‘VLS-T Visiteur’.
“If you spend more than six months a year in France, you are then considered a French resident and must apply for a long-stay visitor visa (the 12-month VLS-TS visiteur).”
In a comment on British second-home owners, the government added: “In the case of a stay of more than six months, the second home de facto becomes the main residence, at least for the current year.”
Taxes – If you opt for the one-year card, then you could find yourself unintentionally becoming a French tax resident. If you become a French tax resident, then you are expected to file a yearly tax declaration, declaring your global income.
Tax residency is an automatic status based on whether you live in France most of the year, work in France, and/ or have the centre of your economic interests in France.
READ MORE: EXPLAINED: The rules on tax residency in France
The government’s definition of living in France is that France is your ‘main place of residence’ and it defines this as ‘you stay there more than six months of the year’.
The VLS-TS entitles you to live in France for more than six months out of the year, and if you do so, you automatically become a tax resident.
This is why many second-home owners opt for the VLS-T with a maximum of six months, as this helps to more clearly delineate the fact that France is not your primary residence for fiscal purposes.
Healthcare – People on both types of visitor visa must enter France with private health coverage, but technically, you can switch over to the French public system after living in France for three months.
However, you should keep in mind that the system is intended for people “residing in France in a stable and regular manner”.
Meaning, if you do not live in France most of the year and it’s not your primary residence, then you should not request to join the French public health system, as doing so could lead to issues down the line.
People registered with the French healthcare system are also expected to be tax residents in France. French authorities determine whether to charge you with a yearly healthcare charge based on the information included in your yearly tax declaration.
READ MORE: PUMa: Which foreign residents have to pay France’s CSM healthcare charge?
Driving in France – While there are special rules for people with UK and NI driving licences, the general rule is that for the first year in France, you can use your non-EU licence; after that, you are expected to switch over to a French licence in order to rent or drive a car in France.
To French authorities, your visa or residency permit demonstrates that you live in France, so in most cases, it’s unambiguous that you should have swapped your licence if you are stopped by police.
You could run into issues if French authorities see you have a year-long residency status and you have not swapped your licence. Driving without a valid licence carries a penalty of up to a year in prison and a fine of €15,000.
On top of that, people living in France full-time are expected to register their foreign vehicle within six months. Failing to register your vehicle in France while holding the one-year status could create confusion with French authorities.
Extra admin and medical check – The six-month VLS-T has no extra admin once you have obtained the visa.
However the 12-month VLS-TS comes with further stages to complete once you are in France. Firstly, you must validate the visa on the ANEF website within three months of arrival.
After that, you will be asked to go in for a medical appointment with OFII (Office Français de l’Immigration et de l’Intégration) – this is the office that deals with new arrivals in France and, as its name suggests, it is concerned with integration of people who intend to make France their home.
Like the VLS-T, the VLS-TS is requested via the French consulate or embassy in your home country. However, unlike the VLS-T, which requires you to reapply after it expires in your home country, the VLS-TS can be renewed in France.
As the VLS-TS reaches its expiration date (within two to four months), you request a renewal with your local French préfecture. Expect this process to be entirely in French.
Assuming you continue to fulfil the requirements, then you will be issued a French carte de séjour visiteur (‘visitor’ residency card). This card can be renewed yearly through the same process.
READ MORE: What is the difference between a French ‘carte de séjour’ and a visa?
Is there a minimum time to spend in France?
Having a 12-month visa doesn’t mean that you have to spend all 12 months in France, but is there a minimum amount of time to spend here?
Immigration attorney Hayward Wise told The Local that a person living in France just a few months of the year could still choose to request the VLS-TS, saying that people applying for the VLS-TS visitor status are not required to “make an affirmative statement [regarding time spent in France].”
“Then, for renewal, there is no timeframe indicated related to how long you need to be present in France to renew a long stay visa (VLS-TS) in France or a carte de séjour visiteur. Provided the individual continues to have lodging, resources, and insurance in France, there should be no issue regarding renewal.”
Daniel Tostado agreed. He explained that from an immigration perspective “the préfecture does not ask you how many months you have been in France. They want to see that you continue to qualify for the visitor status, based on healthcare, finances, housing and the promise not to work in France.”
Consider unintended consequences
Both lawyers said that people need to think about their long-term plans and consider unintended consequences of their visa choices.
“The idea is that if you are intending to remain less than one year, you apply for the VLS-T. If you intend to renew your status continually and remain in France, then you apply for the VLS-TS,” Haywood Wise explained.
However both said that it would be technically possible for second-home owners to get the 12-month visa.
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