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I am a UK national. Can my non-EU wife be deported when we both live in France and I am a worker paying taxes, holding a French driving licence, a Carte Vital, self employed and also have a French contract job for the next 3 years?

  • If she doesn't have the legal right to be in the EU, it doesn't matter what else she has, and what you have is completely irrelevant anyway. – Nij Jan 18 at 4:28
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    @Nij the wife of a UK citizen does have a legal right to be in France, but that right lasts longer than three months only if the UK citizen meets certain criteria. – phoog Jan 18 at 13:12
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Yes, but only under very limited circumstances that would not be applicable to most people.

Under directive 2004/38/EC, your wife can be deported only if she is a threat to public safety, health, or policy. This is particularly a consequence of Articles 3 (section 1) and 7 (sections 1 and 2). Provisions concerning expulsion are found in Chapter VI.

Another possibility that could lead to her expulsion is a finding by the French government that your marriage is not genuine, or was undertaken as a marriage of convenience (Article 35).

  • Are you saying the wife doesn't need a visa? – Greendrake Jan 18 at 18:34
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    @Greendrake she might need one to enter, depending on her nationality, and she is supposed to get a residence card if she is staying for more than 3 months. Under French national law, the penalty for failing to apply within three months is that the fee goes from €25 to €340. She cannot be removed from France for failing to have one (again, unless France rejects the assertion that she's covered by the directive). – phoog Jan 18 at 21:40
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Until March 29th, EU freedom of movement allows you as a UK citizen to move to any EU country except the UK with your wife, and to many EU countries with your husband (assuming you are male). There are some formalities to meet, which is not difficult or expensive.

Nobody knows what the situation will be like after March 29th. It is reasonably likely that she will be Ok until the end of 2020; after that you'll have to see. Welcome to Brexit.

And the UK has deported women from the UK that were married to a UK citizen, and mother to a British child, all living in Britain.

  • The March 29th date is looking less and less certain. – phoog Jan 19 at 19:38
  • @phoog You seem to assume that UK politicians can act in a rational way. At the moment I fear the worst. – gnasher729 Jan 19 at 22:46

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