My husband and I have already received our Carte du Sejour (Passeport Talent) here in France which will expire on 2021. My employment contract with my French employer was not renewed so we're now going back to Philippines. Questions: 1. Can we enter to any Schengen country (other than France) from Philippines using our Carte du Sejour? 2. Will our residence permit be invalid once my French employment contract has been terminated?
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1As a practical matter you may be able to use your carte de séjour until it expires, but as a legal matter it is probably not a good idea because it could be seen as a claim of residence in France when you no longer actually reside there. I don't think the termination of your employment invalidates the card, but it may depend on the circumstances. I believe the card becomes legally invalid after a period of absence from France; I don't know whether that's 6 months or a year, or any other details, which is why I'm not posting an answer.– phoogSep 10, 2018 at 15:34
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1To add to the answer by @phoog, the Prefecture can check randomly if you still fulfill the conditions under which you got the residence permit although this link seems to say that involuntarily losing your job does not count as not fulfilling the conditions the card was delivered to you; I think leaving France and residing elsewhere would be seen as a failure to fulfill the original conditions.– GalaxySep 11, 2018 at 16:24
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Thanks for your inputs! So looks like we need to get another visa if ever we go back to France within the validity of our residence permit.– Kathleen LaoSep 13, 2018 at 15:07
1 Answer
Generally speaking, a carte de séjour does not become invalid when you lose your job (or interrupt your studies, etc.) The préfecture can move to invalidate it but this requires some paperwork (including sending a letter and giving you an opportunity to respond). Until then, nothing happens automatically. As far as I know, they typically don't bother, instead waiting for renewal time to catch people who do not fulfill the requirements anymore.
Furthermore, if you lost your job involuntarily, you're still entitled to renew the card for the duration of your employment benefits (that's two years if you worked at least two years, less otherwise). So even if the préfecture would check, as long as you are living in France, your card is still fully valid and/or can be renewed.
If you leave the country permanently and reside in the Philippines, that's different. You're not entitled to the unemployment benefits (and therefore to the card) anymore.
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How is "leave the country permanently and reside in the Philippines" defined? Suppose one has 2 years of accrued unemployment benefits and the card is renewed for 4 years. Then at which point of being outside of France will it be deemed that the person is not living in France? Oct 12, 2020 at 9:47
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@FunkyPhyzz From day one, if your intent is clear. It's not defined through a specific time threshold but left to be appreciated by the courts based on things like whether you keep a home abroad or in France (which you can document with a lease or utility bills), whether your partner or children also live in France, etc.– RelaxedOct 12, 2020 at 14:42