Brits are being forced to leave their French dream homes: how British nationals have been sold off over France’s ‘crazy’ post-Brexit rules – as attempts to change visa rights for second home owners are rejected by top judges

Brits are selling their dream French holiday homes due to ‘crazy’ post-Brexit rules – as a bid to change visa rights for second home owners was rejected by top judges.

France’s Constitutional Council yesterday rejected an amendment to a major immigration law that would allow British expats to stay in the country for more than 90 days without the need for a visa.

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

But the defeat means all Britons, including homeowners, can only stay visa-free for 90 out of 180 days. Those wishing to stay longer will need to apply for a temporary long-stay visa, which is valid for up to six months.

The decision to reject the amendment will be a major blow to the approximately 86,000 British nationals who own a second home in France.

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

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

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

Evelyne Heeley, 77, and her husband Brian paid €230,000 (£197,000) for a beautiful home in the Occitanie region of southern France in 2004

The couple, who voted Remain in the 2016 referendum, have now sold out after struggling with the lengthy bureaucratic process of applying for long-term visas.

The couple, who voted Remain in the 2016 referendum, have now sold out after struggling with the lengthy bureaucratic process of applying for long-term visas.

“It’s crazy,” Mrs. Heeley the I said: “And so we finally decided it was too much of a hassle and we sold, and it sold the day we put it up for sale.”

She also pointed out the risk of being excluded from all 27 countries in the Schengen area if they overstay their visa-free period in France.

The decision to reject the change for second home owners is final, as there is no right of appeal to the French Constitutional Court. But activists have vowed to continue their fight through other means.

French Senator Martine Berthet tabled the amendment to the immigration law in November, arguing that encouraging British citizens to invest in France’s local economies would further exacerbate the problem of vacant properties in tourist hotspots.

What was the visa proposal and why was it rejected?

Under post-Brexit rules, all Britons, including homeowners, are only allowed to stay visa-free for 90 out of 180 days. Those wishing to stay longer must apply for a temporary long-stay visa, which is valid for up to six months.

The change would see long-stay visas automatically issued to British nationals who own a second home in France, meaning they could spend as much time in the country as they wanted.

It was tabled as an amendment to a wider immigration bill and rejected under Article 45 of the Constitution, which requires bills to relate to the original objectives of the bill.

Her proposal was put forward as an amendment to a wider immigration bill and rejected under Article 45 of the Constitution, which requires bills to relate to the original objectives of the bill.

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

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

The Conservative politician said she would speak to the Home Office to see what could be done in the meantime to help second home owners.

‘It was a first attempt, it didn’t work, but when we bring it back it will be a subject that many people already know more about. It allows us to still make progress,” Ms Berthet told Connexion France.

Earlier this week it was reported that UK demand for holiday homes in France has increased almost sixfold after the possible change in the law was first mooted.

The highest number of questions related to the Alpes-Maritimes area, in southeastern France, a region where Cannes is located and borders Monaco.

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

The amendment successfully passed the two houses of the French Senate before being rejected by the Constitutional Council.

Jason Porter, director at tax specialists Blevins Franks, told The Telegraph: ‘The element (of the immigration bill) for British second home owners was always going to be rejected because it didn’t treat everyone equally, because it didn’t apply to the other. 61 countries are eligible for visa access to France.”

French Senator Martine Berthet introduced the amendment to the immigration law in November

French Senator Martine Berthet introduced the amendment to the immigration law in November

1706296793 303 Brits are being forced to leave their French dream homes

Protesters gather to demonstrate while holding up banners calling for the repeal of the immigration law at the Constitutional Council in Paris yesterday

The consequences of Brexit mean that second home owners in France are faced with a litany of problems.

Early last year, France hit British homeowners with a rise in council taxes of up to 60 percent, further exacerbating their problems.

A British couple told the Mail they were thinking of selling their five-bedroom house in France, built in the 15th century, because of tax rises.

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

The couple, who live in Lewes, East Sussex, pay €1,400 a year in property tax. But they are among the 86,000 British households with a second home who now face a significant tax increase thanks to President Macron’s latest reforms.

Mr Amster said: ‘Macron’s tax increases have pushed us to sell. Because of all these extra costs, our second home, which used to be a source of pleasure, is now a source of concern.

‘My wife’s mother lives in the neighboring village, so it is very convenient that we have the house so that we can take care of her when needed.

‘There is also a lot of uncertainty about the consequences of these taxes for us. We expect quite a big jump, perhaps around 20 percent.

“It’s a first-world problem, but it turns what used to seem like a relatively affordable vacation into what is now a serious financial concern.”

Early last year, France hit British homeowners with a rise in council taxes of up to 60 percent, further exacerbating their problems.  Creative director Simon Amster, 55, was considering selling his five-bedroom house near Biarritz

Early last year, France hit British homeowners with a rise in council taxes of up to 60 percent, further exacerbating their problems. Creative director Simon Amster, 55, was considering selling his five-bedroom house near Biarritz

Last year, accommodation tax averaged €775 (£664) for a house and €943 (£808) for an apartment, but this is set to rise significantly.

There are already 156 municipalities in Brittany, which is extremely popular with the British, that have been allowed to increase the residence tax by up to 60 percent.

The surcharge applies in places where the housing market is under pressure and where residents have difficulty buying or renting homes. It is intended to discourage second homes.

The surcharge was initially limited to 1,136 municipalities in major cities and tourist resorts, but has now been extended to a further 2,263 municipalities in rural areas.

France’s second local tax, called the property tax, which applies to both main and second homes, is also increasing by double digits.

For example, the Paris city council voted for a 51.9 percent increase, while the Alpine city of Grenoble imposed a 25 percent increase.

Early last year, French President Emmanuel Macron's government hit British homeowners with a whopping 60 percent hike in council taxes, further exacerbating their misery.

Early last year, French President Emmanuel Macron’s government hit British homeowners with a whopping 60 percent hike in council taxes, further exacerbating their misery.