"LOVE AND MARRIAGE GO TOGETHER
LIKE A HORSE AND CARRIAGE"

MARRIAGE AND PACS
As I have stated several times recently, the PACS (Pacte Civil de Solidarité), which in France documents a stable relationship differently from marriage, has become increasingly popular. Since nothing in the procedure bears even the smallest hint of a celebration, the couple often organizes a gathering either outside the Tribunal d’Instance or has a party to try to create the mood of a wedding celebration. I have known couples who have celebrated their PACS union with a big party, followed a few years later by a wedding celebration at the city hall and church.

Last month, a billboard advertisement for “Le salon du mariage et du PACS,” held on October, 10, 11 and 12, caught my attention. At this annual fair, which has been held for decades, merchants display everything needed for a wedding, from gowns to cakes and much more. Obviously the bridal industry has been around for a long time, but what struck me here was the fact that the PACS union was included in the name of the fair. I am certain that since the PACS is less than ten years old, no traditional standards apply regarding the style of a PACS gown, if indeed such a thing exists. Keep in mind that the widespread popularity of the PACS is a completely unforeseen trend, since it was initially conceived in 1999 as the French answer to the homosexual lobby’s claim to a “wedding for homosexual couples.” So while in its early years the PACS was seen as a kind of wedding tailored to homosexual couples, today it has been totally embraced by the mainstream, with 2006 data indicating that homosexuals accounted for only 7% of PACSed couples, whereas heterosexuals accounted for the other 93%.

For me this means that the French bridal industry has adapted its services to the needs of PACSed couples, which is an interesting twist on the way France has addressed this issue in the past. It is all the more surprising given the fact that just a decade ago, the PACS was experiencing a rough start, with extremely negative campaigning by the conservative parties and vehement opposition inside the “Assemblée Nationale,” the French House of Representatives.

THE CONFERENCE SPONSORED BY AARO AND AAWE HELD ON OCTOBER 7th
Thanks to the joint effort of AARO (Association of Americans Residing Overseas) and AAWE (Association of American Wives of Europeans), the Consul General, Ms. Catherine Berry of the American Embassy in Paris, spoke about issues regarding American nationality, American immigration, and other topics on Americans living abroad. I would first like to praise the excellent job these two organizations have been doing to help American citizens living abroad in the last several decades. They offer a wide range of services and help and support their members in many ways. This conference is scheduled quite regularly and is always very informative. Three topics caught my attention that day and I would like to comment on them.

1 – MARRIAGE – PACS AND THE “A1” IMMIGRATION VISA TO THE USA
When I attended the 2005 conference at the American Embassy, we were told that, depending on the analysis of each couple’s situation, the PACSed partner of an American citizen residing in France could be treated like a spouse for the intent and purposes of submitting a request for an A1 visa – the same visa that is issued to the spouse of an American citizen. This was major news at the time, considering the fact that the foreigner could then get a green card shortly after entering the USA with this visa. Furthermore, this visa is one of the last ones to provide this option, since almost all the others grant a short-term immigration permit that must be renewed several times before an attempt can be made at obtaining a green card.

However, on October 7th, the Council General’s answer to this question unequivocally ruled out such a possibility for PACS partners. Since many European countries have either created an alternative to marriage for homosexuals or allowed homosexuals to get married, the American Congress passed a law defining the conditions needed for the partner of an American citizen to be eligible, with which the Federal government complies. It happens that the rights granted by the PACS are somewhat different from those of marriage, and that these differences justify the decision that alternative union contracts cannot grant the same rights when it comes to American immigration. Therefore, only married couples can benefit from the A1 visa for the foreign spouse. Given how difficult it is to qualify for any other type of long-term immigration visa, the choice for these couples is to either stay in France or get married. But this could soon change: the French government has been working quickly to eliminate the long list of differences between the PACS and marriage contracts, especially Mr. Sarkozy, who has pushed for this in all the governmental positions he has held in recent years.

2 – THE NEW VISA WAIVER PROGRAM FOR TRAVELERS, E.S.T.A.
I already addressed this issue in my past September column. For decades, the citizens of 27 countries have been allowed to enter the USA as tourists without a visa. This was called the visa waiver program. A new system called the E.S.T.A. – Electronic System for Traveling Authorization – is presently being set up and fine-tuned. I have learned that a similar system has already been in place for a long time for people who wish to visit Australia. On January 12th, this system will be totally mandatory and available in several languages (it already exists in French). The procedure is free of charge.

Under the old visa waiver program, foreigners filled out small green cards requesting basic information during their flight. In the airport, immigration officers finished filling them out and stapled them inside the passports. Under E.S.T.A., foreigners must go to the website https://esta.cbp.dhs.gov and fill out the online questionnaire. The information required is almost the same as before. The questionnaire must be submitted at least 72 hours before departure time. Foreigners must then check within 72 hours to see if their request has been approved. I got confirmation that this authorization is valid for two years or until the passport expires, whichever comes first. During that period, the foreigner will be able to change the information about the address where he will stay, the airport of entry, and of course the information about the flight. A word of caution: this authorization granted by the federal government does not authorize admission to the USA at the port of entry; it only authorizes a traveler to board a carrier for travel to the USA under the visa waiver program. For more information, visit the website www.CBP.gov/travel. Finally, it is highly advisable to apply for this as soon as possible, even if you do not have any plans to travel to the USA in the near future. In this way, you can travel in the case of an emergency and avoid the possibility that the website will be difficult to use after January 12th.

3 – DUAL NATIONALITY – AMERICAN AND FRENCH
Having dual nationality has always been a very sensitive topic, even if the reasons for this have evolved over the years. The situation radically changed about twenty years ago when the burden of proof showing that the new nationality did not jeopardize the American nationality shifted from the individual to the government. Earlier, the state department has been quick to sue the individual, making foreign naturalization quite difficult and dangerous. Now that the burden of proof is on the government, this systematic court filing has for the most part ended, except in cases where the law of the adopted country demands that the applicant renounce all previous nationalities.

This said, the federal government cautions American citizens who wish to acquire a different citizenship even when it appears safe. In fact, the American legislation requires that an American citizen who also bears another nationality only claim the American citizenship in his dealings with American administration. This also means that you must show only your American passport upon entering and exiting the USA – not always easy to remember considering how often we need to present our passports at the airport. But do be sure to avoid a mistake, as showing the wrong passport constitutes a very serious offence. This same rule applies to people who were born both American and French.

CHOICE OF COLLEGES IN FRANCE AND IN THE USA
As my daughter Lucille will turn seventeen this month, we have been researching her options for university studies. She has done all her schooling in the French public school system, and this alone has been an interesting challenge for our family, since her American mother was a very good student throughout high school and college in the USA. All things considered, she is doing well in the international section of the Honoré de Balzac school, which is the only public school in Paris offering a double curriculum and preparation for the O.I.B. (Option International Baccalauréat). On September 28th, AAWE again organized the “Paris College and University Day,” a fair where Anglophone colleges and universities set up booths where people can gather information. What I learned that day confirmed the message we have been getting during our visits to colleges in North America in recent years. Except at minor colleges that have little or no knowledge of overseas curriculum, that message has been unanimous and impressive. So, at the booths for Duke, John Hopkins, Princeton, Yale, Syracuse, and several others, the answer was always the same:

“an application from an O.I.B. student from France is welcomed and favorably considered to begin with. While it is true that the grades for a student passing the O.I.B. with "une mention passable" (meaning a 10 to 12 average out of 20) are not impressive as such, we consider the profile of the student and the international dimension as a definite plus."

This is not just lip service; we talked to the admissions officer at Duke University while visiting the campus and got the same answer. Also, when we visited McGill university in Montreal, Quebec, we learned that they require only a passing grade with an O.I.B. and that the student graduates in three years instead of four.

Now it is clear that all the Ivy League Universities accept only about 10% or less of applications received, so applying surely does not mean being accepted. Also looking at her current grades, the odd of her getting in any of the Ivy League universities are extremely slim. No matter how much the current French school system merits criticism from both the French and Americans living in France, it still has an impressive track record. Furthermore, it is absolutely free of charge.

Best regards,

Q & A

CUSTOMER’S SATISFACTION IN FRANCE AND CRIMINAL PROCEDURE

QUESTION
I read with interest your Q&A regarding CanalSat and Canal+ since I found myself in a situation in 2006 where these companies were charging me for services for which I had never signed, and I didn't even own a television. My solution was simple: I asked them if they had written proof that I had signed for the service – knowing that I still had all the unsigned forms in my possession. What had happened was that my Internet provider had included the service without asking me if I wanted it, which I did not. I then asked a French friend to call CanalSat and challenge the subscription, and then challenge France Telecom for having "sold" my name. We implied that this transaction of bundled, yet undesired, services (I think it is a "bouquet" in French) amounted to "fraud" on their parts, and while it took some time, I did receive my money back. I told them I would go to the Association de Consommateurs, etc., but it was the word FRAUD that got their attention and results. Am I correct to think that they are more afraid of this type of procedure than of being reported to the consumer organizations?

ANSWER
The conclusion you have reached is correct for the most part, but drawing a generalization from it would not only be counter-productive, it would also put you as a foreigner in a ceaseless power struggle that would be difficult to win all the time. Furthermore, assuming that only this kind of defense gets results would make your life in France constantly confrontational and therefore miserable.

Experience has taught me that a foreigner in France has the best chance of getting fair treatment by acknowledging that he is a foreigner who does not know how to do things and asking the French person for help, even if this French person is at the origin of his problems. Of course, this solution does not work all the time nor should it be used in every situation.

Now, underlying your question is the fact that France does not have a tradition of customer satisfaction, so expecting a problem to be fixed just because you make a professional aware of it is an inaccurate assumption. Too often, I hear French professionals state that they have done everything perfectly and so cannot be held responsible for lousy results. Add to this the French aversion to being wrong, or, even worse, getting caught being wrong, and a legitimate customer’s complaining can be a very sensitive moment indeed. For these reasons, claiming one’s customer rights is not the first thing to do, if it is done at all.

Also implicated in your question is the fact that France has nothing comparable to a Better Business Bureau, which regulates such situations quite well. Our consumers’ groups are small and weak compared to the American ones, so the client is without any kind of leverage, and even the arm-twisting tactic is useless here.

At the same time, your final analysis is accurate and should be explained in depth. Indeed, French professionals are more afraid of the type of procedure you describe than of being reported to consumer organizations, since the latter, while gaining momentum and strength, is not nearly as powerful as those in the USA. In addition, because the state’s rights are so much more pervasive in France, it rules many of the aspects of the relationship between the professional and the client. Many of the provisions are linked to a misdemeanor or felony, so if the professional believes that you could report the incident to the French equivalent of the District Attorney (Procureur de la République), then the risk is really not worth it.

Internet providers and cellular phone companies are notorious for being rogue companies in France, and the only way to deal with them when you have an issue is to start by making the normal phone call to customer service so that your situation is initially recorded. If you do not get a response, then you send an administrative, and therefore registered, letter stating your claim and its grounds. You might want to do that a couple of times before going to the next level – that is, going to the consumer groups and with their help threatening to take legal action and filing a criminal complaint, with the information ultimately going to the Procureur de la République.

These companies are highly flawed and their customer service department is almost always atrocious. Nevertheless, I am usually able to get the appropriate response and therefore satisfy my clients’ interests without ever using the threat of taking them to court. If their procedure is properly followed, they can get the job done, albeit slowly and ungraciously.

In my opinion, the French legal system already creates a distortion by putting a criminal label on what is after all simply bad business behavior. If you systematically move in that direction and thus amplify this distortion, I believe you are doing a disservice to both yourself and the community, not to mention reinforcing the image of Americans as notoriously quick to file in court for almost anything.

In an age of electronic communication and efforts to reduce paper documents, France still requires written postal letters and registered mail for most important situations. In your case, one solid administrative letter –stating the facts, asking for proof that you knowingly signed for CanalSat and CanalPlus, and demanding that the subscription be declared null and void in case of failure to produce such proof – might have worked just as well as your solution while saving you a lot of aggravation.

THE EXPATRIATE STATUS OF A FRENCH RESIDENT SENT TO THE USA

QUESTION
My daughter has been working in the United States under contract for the French government for over a year. I am wondering about her status and entitlements under French law. Is she entitled to maternity leave? Does she have any job protection? Does she gain any advantage towards French citizenship?

ANSWER
In order to answer your question, I need to first explain your daughter’s status so we can look at her rights and job benefits.

If she is working for the French government and is not a French national, this means that she is either a sub-contractor (or self-employed), which I doubt very much, or an employee with a standard labor contract (and not a civil servant). In any case, the assumption must be made that she is a fiscal and legal resident of France and therefore complies with French law regarding immigration, taxes, health coverage, and so on. As a French employee, she benefits from the national healthcare program, which deals with both medical insurance and maternity leave payments.

Now her employer has sent her for a mission in the USA, where she lives solely as a French resident and not on the grounds of her citizenship, although if she is American this could create some slight complications. The English word to describe her status is “expatriate,” the French, “un cadre détaché.” So in practical terms, if she finds out she is pregnant while carrying out her mission, she should be able to go through prenatal testing and monitoring with the American medical system, since her status comes with decent medical coverage that should include pregnancy (this is not automatic and must be verified). When she reaches the seventh month of pregnancy, she will have to go back to France, since all airlines have restrictions on women boarding planes at the end of their pregnancy. Once she starts the eighth month, she is no longer allowed to work, and therefore cannot carry out the mission and must return to France to begin her maternity leave.

As an expatriate, her French labor contract continues while she is in the USA. She pays all the French taxes and receives all the related benefits. She is also protected by French labor law, which means that once the employer knows she is pregnant, she cannot be dismissed. So YES, she continues to enjoy full protection as a French employee.

As for your last question, I am not sure that this mission in the USA grants her any special rights towards acquiring French nationality. On the other hand, she continues to be a French resident during the entire duration of the mission; her time spent in the USA is not seen as time spent in a foreign country, and therefore does not jeopardize her immigration rights in France. Indeed, the months or even years she will have spent in the USA for the mission will count towards her seniority in France, which makes her eligible to ask for French citizenship later on. She could even begin the request while on the mission, since she is considered a French resident and so complies with this requirement of the naturalization process.