Q&A - Right to work in France post Brexit (Kayak).
Question :
I work in the UK professionally as a kayak guide and deliver a range of professional paddlesports courses and qualifications. I have travelled professionally to kayak extensively and have been guiding and leading in France and Europe since 2005.
Following the UK's withdrawal from the EU I am seeking some clarification on what I need to do to be able to continue working in France and Europe.
My work typically consists of working on short term contracts with UK based clients who come to France on holiday and I would usually work for no more than 4-6 weeks in a 12 month period in France/Europe.
I have been recommended your services by other UK based coaches and guides and would welcome some clarity on the process and its costs please.
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Answer :
The key issue is that you are a UK passeport holder with a UK qualification.
Since the 1st of January 2021, your legal capacity to work in an EU member State is governed by 2 different aspects :
1) your right to work as a non-EU citizen,
2) the recognition of your qualification in the member State(s) (like France) that regulate the profession of Kayak/Canoe/Raft Instructor/Guide;
Before the 1st of January 2021 both these aspects where legally organized by Directive 2005/36/CE, but since Brexit is fulfilled (31/12/2020), this Directive does not apply to UK citizens any more, nor does it apply to UK qualification; as a UK citizen holding a UK qualification it certainly does not apply to you anymore.
What now governs both the above mentioned issues is a combination of the Withdrawal Agreement signed in 2019 and the (in)famous « UK/EU Deal » that has been signed over X-mas.
Your situation & options under these 2 texts can be summarized as follows:
Right to work:
1. you will have the right to work in France if you are a resident in France which can be achieved either on the basis of your situation prior to the 31/12/2020 in a rather simple way or in a more complex way on the basis of a non EU citizen; in both cases options remain open until the 31/06/2021 for the first one and indefinitely for the second one.
2. If you are not resident in France (probably your case) there are 2 ways to come and work in France :
either by being sent to France as an employee or as a self-employed under a contractual relationship with a Tour-Operator; although Tour-Operating is listed in the deal as an economic activity that is deemed to lead to mutual acceptance between the EU and the UK, the activity of Outdoor activity supplier is NOT and as a consequence, the conditions of acceptance by the EU member States is left to … them ! We have so far no information on this issue and are currently trying to establish case law …
or by being employed by a French company or by a (French) temping agency subject to the authorization of the Ministry of work; similarly, we are currently trying to submit case laws to the French.
For a matter of clarity, the situation described above is valid in every member State and further more (and importantly), rights acquired in one member State are not binding to another member State.
This is explained without prejudice to potential further negotiations between the UK and each member State or the EU itself.
Recognition of qualification:
The situation is even more straight forward for this aspect of things since 1) the Directive does not apply anymore to UK citizens &/or UK qualifications and 2) NO arrangements have been made by the Deal.
This means that the recognition of qualifications is in the hands of each member State under the legislation that they will decide to apply.
For a matter of clarity we are currently trying to introduce case law as well and the situation is the same in every member State, again, one law or administrative position in one member State is not binding to another member State.
Finally, it is clear that each UK profession MAY initiate negotiations with each MS or with the EU but this will take years and in any case is prohibited to lead to automatic recognition. Such is rouhgly the situation and I am happy to call you if necessary to envisage more personal options according to the detail of your situation as well as costs involved.