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		<title>Second Chance</title>
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		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Tue, 01 Dec 2020 15:01:47 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2239</guid>

					<description><![CDATA[December 2020 “Second Chance”&#160;is the seventh track on&#160;Bay of Kings, the seventh studio album from English guitarist Steve Hackett and his first entirely instrumental one, released in 1983. He was lead guitarist of the band Genesis from 1971 to 1977. Genesis of that period is one of my top five bands, and has been since [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>December 2020</em></h5>



<p><em>“Second Chance”&nbsp;</em>is the seventh track on<em>&nbsp;Bay of Kings</em>, the seventh studio album from English guitarist Steve Hackett and his first entirely instrumental one, released in 1983. He was lead guitarist of the band Genesis from 1971 to 1977. Genesis of that period is one of my top five bands, and has been since I was 16.</p>



<p><em>Seconde chance&nbsp;</em>was also the name of a French TV series that first aired in September 2008.</p>



<p>Somewhere, somehow, everybody has hoped to get a second chance. Some acknowledge that they did indeed get a second chance in life. Others objectively never do.</p>



<p>Many today think the USA as a country has a second chance, a sort of revival. But almost half the people who went to the polls voted for a second term.</p>



<p>Some people see moving to another country as a second chance in life so they can fulfill their dreams. Others are economic refugees who see moving to a Western country not as grabbing a second chance but more as a financial burden that will allow them to take care of a family back home, often an extended family. Their journey to the West is very different. One described it like this.</p>



<p>“I was in this maid’s room, crying all the tears of my body and of my soul. So I was a newlywed. I was also the mother of a newborn, and I was stranded in this foreign country, being the servant, taking care of someone else’s newborn.”</p>



<p>I do see 2021 as a revival, but like many I need to fight the illusion that we will finally get back to what we knew before. More realistically, I see the situation like this: My past life stopped on March 17th 2020 with the first lockdown. By March 2021, I hope that we will have created a new normal, as the pandemic will be truly enough under control that the more extreme measures will be gone for good. With luck, that will be just in time for us to rejoice in large gatherings celebrating Easter.</p>



<p>I would have liked to wish you all the usual season’s greetings, but how can anyone hear them right now with a de facto stay-at-home order pretty much all over the USA and a rock-solid official one in France. The silver lining is the hope that some of the current restrictions will be lifted in France so there can be some family gatherings under reasonable conditions. What I hear from the USA chills me to the bone: “Be reasonable, stay home alone, so you can celebrate with them next year; if they come this year, chances are they will not be around next year!” Nevertheless, against all odds and hoping that we all can find a way, I wish for all of you to have</p>



<p><strong><span style="color:#5182FF" class="color">A MERRY CHRISTMAS AND A HAPPY NEW YEAR</span></strong></p>



<p>I look forward to the year to come, 2021. Like many, I feel that 2020 was nightmarish and promised, at best, a glimpse of light sometime in 2021. It was a very hard year, challenging in so many ways, and I am eager, like everyone else, to see it end.</p>



<p>Speaking of a chilling effect and bones, my nearly-retired and lock-down wife has been watching a fair number of American TV series. One of the most recent is<em>&nbsp;Bones.&nbsp;</em>I rarely watch it in full but I have seen a few full episodes. The struggle of first-generation immigrants is often used in series and movies, as it makes for an easy story line on the clash of cultures and how it is overcome or not. One of these in<em>&nbsp;Bones</em>&nbsp;is season 10, episode 6, “The Lost Love in the Foreign Land.” It excellently illustrates complex situations, with a few scenes describing a painful reality. When inspectors interrogate one of several Chinese woman who are in the country illegally, she pulls out of her purse a picture of her child, and within seconds all the other women are showing pictures of their children, left in China with family. The women live in horrid conditions and are exploited at work. They are prisoners of a US extension of a Chinese mafia. They have been told that if they are not totally docile, their child will be killed in China. Everybody, including the inspectors, knows this is not an empty threat.<strong>&nbsp;Spoiler:&nbsp;</strong>At the end it is revealed that the Chinese woman found dead at the beginning of the episode was killed by one of the others, with the silent approval of all the rest, because she planned to escape. The murder was committed to keep all the children in China alive.</p>



<p>How does a Western criminal justice system determine such a case? A crime has been committed and there must be a trial and a sentence. No Western country can excuse a perpetrator because of his or her motivation. One defense could be self-defense, but this crime was planned and will be probably be tried as premediated murder. The episode gives a glimpse of the living conditions of the immigrants who do the dirty jobs in Western societies.<br><a href="https://ymlpcl1.net/5b20cwhhagaewsuqalaqsjaxajsew/click.php" target="_blank" rel="noreferrer noopener">www.imdb.com/title/tt4071580</a></p>



<p>At about the same time, I stumbled across a French movie called&nbsp;<em>Cookie.&nbsp;</em>It is about a Chinese mother who is deported by the French police while her son is with her French employer, and how the French woman handles the situation. One scene shows how undocumented Chinese immigrants live in the Belleville neighborhood after the employer finds the real address where the boy lives, not the one on the fake papers his mother used to be hired. The child runs through a sweatshop open to the back of a courtyard, up several flights of stairs and straight to where his mother used to sleep. It is full of bunkbeds, crowded with people and possessions, with chickens running loose in the courtyard. The male immigrants are angry and threaten violence. The women immediately understand what is going on and help the employer and child to escape safely. Last time I heard about this kind of lodging in the Chinese community for illegal immigrants, the monthly rent was about 150€ for a bunkbed in a walk-in closet.<br><a href="https://ymlpcl1.net/222dfwhwaxaewsuqalaqsjanajsew/click.php" target="_blank" rel="noreferrer noopener">https://fr.wikipedia.org/wiki/Cookie_(film,_2013)</a></p>



<p>It is rare to be able to visit people living in such conditions, and always extremely delicate to handle. Having helped Filipino citizens since 1994, I have been invited for a visit, and sometimes even for dinner, by some with whom I am close. Most of the time, there are bunkbeds and just a tiny space to sit; there is a sense of shame to overcome before one can be invited to see these living conditions. I always feel honored and humbled by what they are going through.</p>



<p>Many years ago, my cleaning person and handyman for ten years, an undocumented Filipino who at home was fully qualified as a civil engineer, said to me with tears in his eyes, “You could have done what I did. You are just as tough.” Also emotional, I answered, “I believe I would never have been able to do it.” I also remember discussions with Asian women about being a good mother. Just having such a conversation is rare; it takes many years to mention the topic. They all have cherished pictures in their wallets, and it makes them cry to look at these photos every night and not be there.</p>



<p>I cannot count the discussions I have had about what it means to be a good mother when they are on the other side of the globe, working as cleaning ladies and nannies while holding university diplomas as nurses, midwives, teachers. Because of globalization, they earn much more money this way than being a professional in their country. It allows them to provide for their spouse, their children, their parents. This is a part of life for so many Filipino people that it has entered the statistics on the national economy. Consumption in the Philippines is largely fueled by financial transfers from more than 10 million expatriates, who sent USD 31.3 billion in 2017, equivalent to 9.8% of GDP. So yes, they are good mothers because they care for their children, choosing this way to express their deepest love.</p>



<p>I would like to end this topic on a much lighter note. It has to do with an unforeseen consequence of the strict regulations in France to fight the pandemic. The last day of the month I send out my column in HTML. For several years, a Filipina woman who cleans for seven employers comes in the late afternoon and helps me do the formatting. Holding the printed draft, she literally looks over my shoulder to check that I am not making errors in the HTML markup. She needed the infamous permission document to get back home. So I did one for her with my company’s stamp and my signature, giving her the title computer assistant. She was beaming!</p>



<p>Many Filipinos I know have domestic jobs and at the same time serve as committee leaders at the American Church in Paris, hold other important responsibilities (e.g. at the ACP lending library) and sing in the choir. As far as I know, the same is true in all the Anglophone churches, Catholic and Protestant alike. The Filipino community is a pillar of those churches, pitching in for almost all events, doing cooking and decorating. Their Christmas decorations for the ACP sanctuary are always a masterpiece.</p>



<p><strong>So Merry Christmas once again.</strong></p>



<p>This year there may not be as much decoration in the church, as there might not be much in-person Christmas celebration. The same may be true this year of your home, but still, try to catch the spirit of Christmas – and sooner rather than later, as it is coming up fast!</p>



<p><strong><span style="color:#5182FF" class="color">HOW ABOUT THE AMERICAN ELECTIONS?</span></strong><br>It may be surprising to many that I am saying nothing about the American elections. In my own way, I believe I already have.</p>



<p><strong><span style="color:#5182FF" class="color">IN 2020, FRENCH BLACK FRIDAY WAS DELAYED</span></strong><br>The French government allowed shops and small businesses to reopen as of Saturday, November 28th. So clearly Black Friday could not take place on the usual day this year; most businesses postponed it to December 4th. Instead of making fun of French businesses that advertise “Black Friday Week,” I would like to talk about the downtowns in midsize cities that are dying as too many shops and small businesses have closed. 2020 gave a huge boost to e-commerce and severely hurt traditional retailers.</p>



<p>In France, this trend is taken seriously, as deserted shopping districts have an impact on the entire city, especially the safety of the population. What happened to Detroit in the USA is inconceivable in France. The condition of several neighborhoods in Marseille, France’s second largest city, has made the national news and triggered action at the national level. Yet progress cannot be stopped, and e-commerce is here to stay. Many small French cities are subsidizing shops to help them stay open. Some of them also offer public services, such as postal service.</p>



<p><strong><span style="color:#5182FF" class="color">REACTION TO THE NOVEMBER 2020 ISSUE – AMERICAN HISTORY BEING TAUGHT</span></strong><br>When I draft my column and especially when I pick topics, I follow my interests and desires, assuming that my readership will be reasonably interested in them too without necessarily being directly involved. Interestingly, I usually get few reactions to topics I think could provoke emotional reactions and possibly even hate mail. And sometimes I am surprised by a flow of reactions I had not expected at all. Whatever the reason, I always welcome emails from my readership, even the challenging ones. Below are the most striking comments I received in response to the November issue. I had forgotten that many of my readers are retired, living in France, and are in their 60s, 70s or even older, so what I was describing was their teens and young adult years.</p>



<p><strong>Reader 1</strong><br>Your latest newsletter really resonated with me. Al and I were university students in the late ’60s and were both active in the anti-war movement – both tear-gassed at various demonstrations and both arrested. Today, even as retirees, we still consider ourselves activists. The Netflix film about the trial of the Chicago 7, which I remember vividly from newspapers and TV at the time, brought back many memories. It’s hard to see the U.S. once again so divided, maybe even more violently polarized today than it was in the ’60s. I’m too nervous about Election Day tomorrow to think straight, but I hope there will be some serious change in the near future.</p>



<p><strong>Reader 2</strong><br>Thank you! We enjoy your missives very much. We have several &#8220;Imagine&#8221; posters.</p>



<p><strong>Reader 3</strong><br>Your comments here about American history are appropriate. The absence of Abbie Hoffman&#8217;s name in reference to the Yippies is unfortunate since his humor was the essence of their politics.</p>



<p>I knew Abbie from working beside him during the Civil Rights era in Mississippi. He was the liaison for our group of law students who went to Mississippi to help register black voters. The Southern Christian Leadership Conference and the Student Non-Violent Coordinating Committee were our sponsors.</p>



<p>It was a shocking experience for us young law students from the Pacific Northwest to see how bad things really were and that people were actually trying to kill us.</p>



<p>All of us were &#8216;clean cut&#8217; white boys in suits and ties, Abbie included. He was unknown at the time – nobody knew the name Abbie Hoffman.</p>



<p>One of the key things I remember was how he insisted on driving us to a &#8216;wet&#8217; county on the first weekend. We were in a &#8216;dry&#8217; county, meaning no alcohol. After a long drive through dark and dangerous wooded areas, he pulled up to a black roadhouse where live blues music was playing, and people were dancing.</p>



<p>Of course, we were the only white people there. It only became apparent why Abbie had brought us there when he insisted that we all get up and ask one of the black girls to dance with us.</p>



<p>Years later I and a friend attended a meeting to organize protests against the upcoming Iraq War. At one point we were all called upon to announce what, if any, political organizations we represented. Both of us declared ourselves to be Yippies. There was a moment of silence before someone said, “Oh yeah, I’ve heard of them.&#8221;</p>



<p><strong>OFFICE CLOSED FOR CHRISTMAS</strong><br>The office will close for three weeks over the Christmas holidays, starting on Friday December 18th in the evening and reopening on the morning of Monday January 4th. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p>I would like to remind everyone that there is no January issue.</p>



<p>Best regards,</p>



<div id="kt-info-box_92907f-9c" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/JeanTaquet-2.gif" alt="" width="147" height="132" class="kt-info-box-image wp-image-1932"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>THE EMERGENCY HEALTH POLICIES IN FRANCE<br/></em><br/></h2><p class="kt-blocks-info-box-text">I live in Paris and I am getting more and more confused about what I can and cannot do when it comes to going out. I had a question – in your November issue, you said the curfew was extended until Feb 16? Is this just the nighttime curfew or is it something else? Thanks so much for your guidance.</p></div></a></div>



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<p>I wrote in that issue that the policy defined by the<em>&nbsp;déclaration de la politique d&#8217;urgence sanitaire,&nbsp;</em>i.e., the health-related emergency policy, had been extended until February 2021. It allows special programs to be run when dealing with a medical crisis, which is exactly what is at stake.</p>



<p><em>« Le projet de loi prolonge jusqu’au 16 février 2021 l’état d’urgence sanitaire, déclaré le 17 octobre 2020 pour un mois. Il prolonge également le régime transitoire de sortie de l&#8217;état d&#8217;urgence sanitaire jusqu&#8217;au 1er avril 2021. Une série d&#8217;habilitations à prendre des mesures économiques et sociales par ordonnances complète le texte. »</em>.</p>



<p>“The bill extends the health emergency policy, declared on October 17, 2020, for one extra month until February 16, 2021. It also extends the transitional period to exit the health emergency policy until April 1, 2021. A series of authorizations to take economic and social measures by ordinance completes the text.” The regulations can change overnight, so by the time this is published, probably half of what had been in effect will have been altered and new policies will have taken their place. Therefore I prefer to describe the policies that have been applied so far and how individuals have been affected.</p>



<p><strong>1 – Complete lockdown</strong><br>This went into effect on March 17th 2020, when almost everything was closed and the signed authorizations that everyone had to carry only had a few grounds for being allowed to go outside. From May 11th, things gradually began to reopen.</p>



<p><strong>2 – Partial lockdown</strong><br>Also known as the second lockdown, the partial lockdown went into effect on October 30th to halt the second wave and is supposed to last until mid-December, with the first loosening occurring on November 28th. The French administration and more shops were open, and there were more options to be outside.</p>



<p><strong>3 – Curfew</strong><br>This applies regardless of whether there is a lockdown: people are not allowed to be outside their homes between 9PM and 6AM (7AM as of December 15th). It is not currently implemented but there are rumors that the next loosening of the lockdown will be accompanied with a curfew.</p>



<p><strong>4 – Mask wearing</strong><br>  Any time you are outside your home, it is mandatory to wear a mask: in the streets, in shops, at work, visiting family and friends.</p>



<p>I do not believe France will get full control over the pandemic until it adopts a systematic testing policy every time someone is outside their home. South Korea did this, testing for fever and then, for anyone found to have a fever, testing for COVID-19 and quarantining anyone who tested positive. My reasoning is that the logistics of vaccinating an entire population are extremely complex, will take a lot of planning and requires an enormous amount of personnel. Therefore, there should be a tracing policy, which necessarily involves the kind of testing described above.</p>



<p><a href="https://ymlpcl1.net/89ad8whqazaewsuqaaaqsjaoajsew/click.php" target="_blank" rel="noreferrer noopener">www.vie-publique.fr/loi/276818-loi-prolongation-etat-urgence-sanitaire-16-fevrier-2021-crise-sanitaire</a></p>
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<div id="kt-info-box_b6d390-ec" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>BEST WAY FOR THE SPOUSE OF A FRENCH CITIZEN TO MOVE TO FRANCE<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>We live in the US but are planning to relocate to France. My wife is French. We were married in France in 2007. Along with our marriage, both of our children are recorded in my wife’s livret de famille. If I’m correct in thinking that my wife and children – being French citizens – do not require visas to reside in France, what do I need to do to obtain residency and work rights? Is there anything I can/should do prior to our move or would the process for me begin only after I’ve moved to France with them? My wife seems to think that I’m entitled to citizenship (directly) and don’t need to concern myself with resident status and visas. Ideally, if possible, I’d like to get everything (or as much as possible) in order in advance so that I can pursue job opportunities.<br/>I’ve really enjoyed being on your email list for many years. Apologies if this is something you’ve already covered in the past, but I’d appreciate it if you could (re)shed some light on the process and what steps I should follow.</em></p></div></a></div>



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<p>People commonly assume that it must be easy, that being the spouse of a French citizen opens all doors so there is no need for a visa. While there is some truth in that, taking it for granted could lead to poor decisions. First, because of the COVID 19 pandemic, right now it is virtually impossible for an American citizen without a visa to board a transatlantic flight and be allowed to enter France, even if the French spouse is there and has all the documents proving the situation. I would go even further and say that in most cases it is in the best interest of the family to ask for a visa ahead of time. Even though this is a short question, it opens a LOT of issues, which will make my answer quite complicated.</p>



<p>There are three totally different topics, which I am going to address in this order:<br>1 – Being the spouse of a French citizen grants you the right to obtain French citizenship while living in the USA (and only in the USA at that moment).<br>2 – Entering France as an American immigrating to your spouse’s country of citizenship means asking for a visa.<br>3 – Entering France as an American tourist to your spouse’s country means being an undocumented alien<em>(sans-papiers)&nbsp;</em>and having to ask for a<em>&nbsp;carte de séjour&nbsp;</em>through a procedure of&nbsp;<em>régularisation.</em></p>



<p>To explain further, there are three totally different, mutually exclusive solutions.</p>



<p><strong>1 – Naturalization by marriage</strong><br>Here are the conditions you must meet to adopt this option:<br>a) Your spouse must have been of French nationality on the day of your marriage and have retained French nationality since that date.<br>b) On the day you submit the naturalization request for this “declaration” procedure, you must have been married to your French-nationality spouse for at least four years.<br>c) The marriage must have been transcribed in the French civil status registers.<br>d) You must not be the subject of an expulsion order or a ban from French territory still in force.<br>e) You and your spouse must have maintained a community of emotional and material life continually since the day of the wedding.<br>f) You must prove that you have sufficient knowledge of the French language.<br>g) You must prove that you do not have one of these on your judicial record (or, if you do, that rehabilitation or erasure of the conviction from bulletin No. 2 of your judicial record took place):&nbsp;</p>



<ul class="wp-block-list"><li>Sentenced to 6 months or more in prison without suspension</li><li>Convicted of a crime or an offense constituting an attack on the fundamental interests of the nation</li><li>Convicted of an act of terrorism.</li></ul>



<p>Looking at these requirements, I assume that you qualify, since you were married in 2007. The problem is that this procedure takes a long time. As you can see, some documents concerning one or both of you could be complicated to obtain from the USA. Even after you submitted your request, it usually takes about two years. Certain official French administration sources will suggest it takes a year, but that is unrealistic. So, although it is an excellent move in the long run, it does not meet your requirements unless you agree not to move here until two or maybe three years after submitting the request.</p>



<p>You can review the requirements and find further links here:&nbsp;<a href="https://ymlpcl1.net/472dawhyaaaewsuqadaqsjaoajsew/click.php" target="_blank" rel="noreferrer noopener">www.service-public.fr/particuliers/vosdroits/F2726</a></p>



<p><strong>2 – Entering France as an American immigrating to your wife’s country of citizenship, which means asking for a visa</strong><br>This option follows both the letter and the spirit of the law, since a non-EU citizen cannot immigrate to France without a long-stay visa, which is another name for an immigration visa. It is very easy to obtain. The French consulate in Washington, DC, issues them and is doing everything it can to allow families like yours to come back to France for the sake of the French citizens (all members except you).</p>



<p>You must prove your marital status, the French nationality of your spouse, the fact that the two of you maintain a community of life and that you intend to continue it in France.</p>



<p>Here is the list of documents to submit and other requirements:<br>a) passport (pages relating to civil status, validity dates and entry stamps)<br>b) birth certificate extract with filiation or a full copy of the birth certificate<br>c) your spouse&#8217;s French passport or identity card<em>&nbsp;(carte nationale d’identité)</em><br>d) your spouse&#8217;s American ID document (passport/Green Card, …….)<br>e) your French marriage license<br>f) the complete French birth certificates of your children<br>g) a French utility bill or statement, dated within the last six months, proving you have an address in France<br>h) a rental lease or rent receipt, or proof of ownership, concerning the place of residence, dated within the last three months<br>g) in the event of accommodation with a private individual, certificate from the host, dated and signed, along with a copy of their identity card or residence permit and deed of ownership (or resident tax statement, copy of the host’s rental lease, or proof of electricity, gas, water, landline telephone or internet access).</p>



<p>Then, once in France, you provide the following in a file to the prefecture.</p>



<p>• Proof of payment of the tax on the residence permit and stamp duty to be submitted when the permit is issued.<br>• OFII certificate of closure or follow-up of actions provided for in the Republican Integration Contract (CIR).<br>• Medical certificate issued by OFII to be submitted when the title is awarded.<br>• Declaration on honor that the foreigner does not live in France in a state of polygamy (if the applicant is a national of a state authorizing polygamy).<br>• Proof of marriage: full copy of the marriage certificate (in the event of a marriage celebrated abroad, transcription of the marriage in the French civil status registers).<br>• French nationality of spouse: valid national identity card or certificate of French nationality less than six months old.<br>• Community of life: declaration on the joint honor of the couple attesting to their cohabitation and all documents establishing it (lease contract, EDF receipt, bank identity statement, etc.), unless the cohabitation has been broken off due to domestic or family violence, which may be proved by several means (complaint filing, conviction of the spouse for violence, testimonies, medical certificates, etc.).</p>



<p>You enter legally with the visa, which is stamped at the airport. Everything is done through the website, so you can click “entered with a visa &#8211; 1st request,” which takes you to another page where you can immediately start the procedure with the prefecture. Depending on the prefecture schedule when it comes to issuing your documentation, you can start working right away if you can find an employer, as your situation will be cleared soon and your employer will have a copy of your temporary French ID in due time.<br>You can review the requirements and find further links here:&nbsp;<a href="https://ymlpcl1.net/55e85wwsakaewsuqaaaqsjaiajsew/click.php" target="_blank" rel="noreferrer noopener">https://france-visas.gouv.fr/fr_FR/web/france-visas/famille-de-francais</a></p>



<p><strong>3 – Entering France as an American tourist to your French wife’s country, which means starting as an undocumented alien<em>&nbsp;(sans-papiers)&nbsp;</em>and having to ask for a<em>&nbsp;carte de séjour&nbsp;</em>through<em>régularisation</em></strong><br>All the requirements listed above apply here; the only difference is that you do not get the visa ahead of time. Right now you may not have the right to land in France because of the pandemic, so the airline could refuse to let you board even if you have your ticket; there would be no refund since it is your responsibility to ensure that you comply with the immigration and administrative regulations.</p>



<p>But let’s imagine that when you travel it is like the old days and you are able to get into France without a visa as a tourist. I am 99% sure that those procedures dedicated to the<em>&nbsp;‘sans-papiers’&nbsp;</em>will continue to be online. You will have a difficult time going through a system that blocks<em>&nbsp;sans-papiers&nbsp;</em>from starting the procedure as much as it is legally possible to do.</p>



<p>Another issue, which could be critical for you, is that as a<em>&nbsp;sans-papiers&nbsp;</em>you must wait six months before you can ask for immigration status, and you will have to go through the back door. The guidelines are that the spouse must have been married for over six months while living in France OR have lived in France for six months as the spouse of a French citizen.</p>



<p><a href="http://accueil-etrangers.gouv.fr/demande-de-titre-de-sejour/vous-etes-ressortissant-e-non-europeen-ne/vous-etes-ressortissant-e-de-pays-tiers-non-algerien-ne/vous-etes-arrive-e-en-france-avec-un-visa-de-long-sejour-valant-titre-de-sejour/votre-vls-ts-arrive-a-expiration/vous-etes-marie-e-avec-un-e/article/liste-des-pieces-a-fournir" target="_blank" rel="noreferrer noopener">http://accueil-etrangers.gouv.fr/demande-de-titre-de-sejour/vous-etes-ressortissant-e-non-europeen-ne/vous-etes-ressortissant-e-de-pays-tiers-non-algerien-ne/vous-etes-arrive-e-en-france-avec-un-visa-de-long-sejour-valant-titre-de-sejour/votre-vls-ts-arrive-a-expiration/vous-etes-marie-e-avec-un-e/article/liste-des-pieces-a-fournir</a></p>



<p>Before the pandemic, this third procedure was realistic and the inconvenience minor. As long as French borders are closed to American citizens, however, this procedure is not an option.</p>



<p>I would like to go back to the first solution, naturalization. If you know you will not be moving right away but are waiting for over a year or maybe two, then submitting such a request makes sense, for several reasons:<br>1 &#8211; You have the opportunity to do it, and it will smooth a lot of things once you are in France.<br>2 &#8211; The procedure is suspended when you move to France, but can be resumed once you have secured your French immigration status and are settled at a long-term French address.<br>3 &#8211; You keep the full benefit of the portion of the procedure done in the USA.<br>4 &#8211; You might not have to have more than one<em>&nbsp;carte de séjour.</em></p>
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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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		<title>Imagine</title>
		<link>https://www.jeantaquet.com/imagine/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sun, 01 Nov 2020 16:18:24 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[Terrorism]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2267</guid>

					<description><![CDATA[November 2020 Imagine there&#8217;s no countriesIt isn&#8217;t hard to doNothing to kill or die forAnd no religion, tooImagine all the peopleLiving life in peaceYou, you may say I&#8217;m a dreamerBut I&#8217;m not the only oneI hope someday you will join usAnd the world will be as oneImagine no possessionsI wonder if you canNo need for [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>November 2020</em></h5>



<p>Imagine there&#8217;s no countries<br>It isn&#8217;t hard to do<br>Nothing to kill or die for<br>And no religion, too<br>Imagine all the people<br>Living life in peace<br>You, you may say I&#8217;m a dreamer<br>But I&#8217;m not the only one<br>I hope someday you will join us<br>And the world will be as one<br>Imagine no possessions<br>I wonder if you can<br>No need for greed or hunger<br>A brotherhood of man</p>



<p>There was a time when it seemed as if everyone knew this song. Many knew the lyrics by heart and would sing them anytime, anywhere. It was an anthem for a generation. It felt like the only discussion was about how realistic this vision was, separating the dreamers from more realistic people. What was and is interesting to me is that such a vision was considered to be the proper goal for humanity.</p>



<p><strong>Wikipedia</strong><br>“Imagine” is a song by English rock musician John Lennon from his 1971 album of the same name. The best-selling single of his solo career, its lyrics encourage listeners to imagine a world at peace without the barriers of borders or the divisions of religion and nationality and to consider the possibility that the whole of humanity would live unattached to material possessions. Shortly before his death, Lennon said that much of the song&#8217;s lyrics and content came from his wife, Yoko Ono, and in 2017 she received co-writing credit.</p>



<p>Lennon and Ono co-produced the song with Phil Spector. Recording began at Lennon&#8217;s home studio at Tittenhurst Park, England, in May 1971, with final overdubs taking place at the Record Plant, in New York City, during July. In October, Lennon released “Imagine” as a single in the United States, where it peaked at number three on the Billboard Hot 100. The song was first issued as a single in Britain in 1975, to promote the compilation<em>&nbsp;Shaved Fish,&nbsp;</em>and reached number six on the UK Singles Chart that year. It later topped the chart following Lennon&#8217;s murder in 1980.</p>



<p>BMI named “Imagine” one of the 100 most-performed songs of the 20th century. In 1999, it was ranked number 30 on the RIAA&#8217;s list of the 365 &#8220;Songs of the Century&#8221;, earned a Grammy Hall of Fame Award, and was inducted into the Rock and Roll Hall of Fame&#8217;s &#8220;500 Songs that Shaped Rock and Roll&#8221;. A 2002 UK survey conducted by the Guinness World Records<em>&nbsp;British Hit Singles&nbsp;</em>book named it the second-best single of all time, while Rolling Stone ranked it number three in the 2004 list of “The 500 Greatest Songs of All Time”. Since 2005, event organizers have played the song just before the New Year&#8217;s Times Square Ball drops in New York City.</p>



<p>By 2013, “Imagine” had sold over 1.6 million copies in the UK. More than 200 artists have performed or covered the song, including Madonna, Stevie Wonder, Joan Baez, Lady Gaga, Elton John, and Diana Ross. After “Imagine” was featured at the 2012 Summer Olympics, the song re-entered the UK Top 40, reaching number 18. In March 2020, in response to the unfolding coronavirus pandemic, the actress Gal Gadot posted an informal but star-studded cover version of “Imagine” on Instagram. The song remains controversial, as it has been since its release, over its request to imagine “no religion too”.</p>



<p>MY COMMENT<br>This once iconic song seems to have faded away and it seems that only a few baby boomers dare to mention it and dare to believe that, against what the world is today, its ideals are a goal to strive for. I dare to believe, however, that there are many people fighting for this goal. It has just shifted some – to the fight against climate change and to the struggle to save the planet and the people living here.</p>



<p>In several issues I have addressed how divided the American population is. As someone who likes to look at modern events through the lenses of 100 years of history (or more if needed), the claims that the USA has not been this divided since the Civil War ignore the New Deal policies of Franklin D. Roosevelt and the presidential campaign of John F. Kennedy. FDR was portrayed as a pawn in the hands of the USSR, taking orders from Moscow. The viciousness of much of the American media against him can sadly be compared to the worst on today’s social media. Similar hysteria existed when JFK ran for and won the 1960 election. Because he was Catholic, he was declared unfit to be president, as he would be obeying the pope. He was also depicted as a traitor for his supposed allegiance to a higher authority. Reading about those periods opened my eyes and increased my interest in learning more about American history. The civil rights movement, the opposition to the Vietnam war and the riots that occurred mainly in the 1960s are better known to the American public. Comparison is often misleading, especially when dealing with historical events. Lately, I am seeing statements like “It feels like the ’60s demonstrations again” from a lot of my readers. Interestingly to me, they talk about the Monterrey festival as a turning point, more than Woodstock.</p>



<p>This trend must be quite strong, as Netflix has just dug up another iconic moment of that era, the 1968 Chicago Democratic convention. Crosby, Stills, Nash and Young endlessly sang their song “Chicago” detailing the events of that week. Today there is<em>&nbsp;The Trial of the Chicago 7.</em></p>



<p><strong>Wikipedia</strong><br><em>The Trial of the Chicago 7&nbsp;</em>is a 2020 American historical legal drama film written and directed by Aaron Sorkin. The film follows the Chicago Seven, a group of anti–Vietnam War protesters charged with conspiracy and crossing state lines to incite riots at the 1968 Democratic National Convention in Chicago. It features an ensemble cast that includes Yahya Abdul-Mateen II, Sacha Baron Cohen, Daniel Flaherty, Joseph Gordon-Levitt, Michael Keaton, Frank Langella, John Carroll Lynch, Eddie Redmayne, Noah Robbins, Mark Rylance, Alex Sharp, and Jeremy Strong.</p>



<p>MY COMMENT<br>At one point I got very interested in how the Yippie movement went into the political debate and became a structured political force. Jerry Rubin, the leader of this political force, had faded into anonymity until Netflix aired this program. People interested in these matters could learn a lot comparing Jerry Rubin’s actions and his political goals to what the USA is living through today. Again, who remembers him?</p>



<p><strong>Wikipedia</strong><br>Jerry Clyde Rubin (July 14, 1938 – November 28, 1994) was an American social activist, anti-war leader, and counterculture icon during the 1960s and 1970s. During the 1980s, he became a successful businessman. He is known for being one of the co-founders of the Youth International Party (YIP), whose members were referred to as Yippies.</p>



<p>MY COMMENT<br>After all this, I doubt any reader will be surprised that I read Rubin’s book<em>&nbsp;DO IT!: Scenarios of the Revolution&nbsp;</em>(1970) when I was in my early 20s.</p>



<p>You may think that I&#8217;m a dreamer, but I&#8217;m not the only one drawing such parallels. It can be scary to look at how many people died, how many were sentenced to life in prison or otherwise had their lives destroyed in the fight back then. It can also be equally reassuring to see how close to the breaking point the USA was in the late ’60s and how quickly it recovered, all things considered.</p>



<p>Voting will end in a few days. Two very different visions of the future of the USA are riding on the ballots.</p>



<p><strong><span style="color:#5182FF" class="color">VALUABLE DISCUSSIONS CAN BE HAD ON FACEBOOK!</span></strong><br>It is common to criticize Facebook these days, as it displays so much negativity and hatred. I use it for two things:<br>• Staying in contact with friends and acquaintances, mainly those in the USA whom I cannot see frequently,<br>• Being active in groups dedicated to immigration and helping foreigners in France.</p>



<p>I recently had the following exchange in a group dealing with Americans in France.</p>



<p><strong>THE QUESTION</strong><br>“Hi Jean. I believe you&#8217;re French, right? What do you think about how generous the French healthcare system is for foreigners?”</p>



<p><strong>MY ANSWER</strong><br>“I understand why you qualify the French healthcare system as generous as it covers foreigners and citizens alike. It also covers undocumented aliens (sans-papiers) for free. It follows one basic logic, if 99.99% of the population in France at any given time is covered by the public system, national policies will affect everybody which is critical especially during a pandemic.</p>



<p>“I like the sense of security that comes from not worrying about being covered as well as knowing that the people sitting around me in the metro, the bus, the train are also covered and therefore there is just about a zero risk that they can transmit a dangerous virus.</p>



<p>“This is why I find the COVID 19 pandemic so disturbing in so many ways, starting with the fact that this sense of security is gone. I can no longer trust the people next to me.</p>



<p>“SO it is not generous, it is a national security issue. This issue shows probably the most vividly how Europe and the USA view political issues so differently.”</p>



<p>I expected some strong opposition, but what I got was a few positive and supportive comments and a few likes. On a topic that I thought to be quite divisive, the exchanges were quite civil. So it can happen.</p>



<p><strong><span style="color:#5182FF" class="color">WHAT IS THE STATUS OF THE SECOND WAVE OF COVID 19 IN FRANCE?</span></strong><br>At the time I was writing this (before the latest lockdown), all major French cities had a 9 PM curfew and it seemed that after a few weeks it was being well observed. As usual, there have been countless debates about how effective it is, about whether the situation is so awful that such a measure is needed, about how bad the number of deaths and ICU admissions will be in the coming weeks and about whether French hospitals will be able to cope.</p>



<p>I do not know and I find all the conflicting positions very confusing. The new policy had an immediate and rather radical effect on my professional life. I am now home by 8:30, just to be on the safe side. Once I am home, I have a hard time resuming work, and I admit I have been quite slow in answering emails and following up on client requests. The change in my schedule is one of the main reasons.</p>



<p>I am not complaining, as I had thought I would gradually spend less time in the office this fall. The problem is that the decision was made almost overnight. I am trying to adapt as quickly as I can. With the lockdown in effect now, I plan on meeting with my clients remotely through the usual software.</p>



<p>The situation of the pandemic in France has worsened enough that this kind of decision was needed. The government has extended the state of emergency until February 16th, 2021, and 46 million people are now under curfew.</p>



<p>Here are the numbers that matter: As of October 29th there were more than 200 deaths and 47,000 new cases recorded per day. The unknown here is the true number of cases. The topic has been discussed a great deal in the USA; testing is being done on a wide scale and so many people are finding out they are infected, often with no symptoms. The concern is the uncertainty over the ratio of those infected who will get seriously sick. Because the scale differs considerably from that of the first wave, the French government is trying to plan for the worst.</p>



<p>A critical piece of information, the Paris prefecture as well as those in the rest of France are staying open. Having an appointment at the prefecture is a very valid reason to be out of your home. Make sure you fill out the<em>&nbsp;attestation,&nbsp;</em>which is the statement explaining the reason why you are out. The convocation alone is not enough.</p>



<p><strong><span style="color:#5182FF" class="color">TERRORISM IN FRANCE</span></strong><br>My opinion on terrorism in France may be disputed, and I am ready for that. I believe that since the beginning of the 20th century, France has had to handle terrorist attacks perpetrated by foreign forces or by French people pushing various ideologies. I find it interesting that the extreme right has been far more prevalent and therefore much more dangerous for France than the extreme left, which only existed in its terrorist form for about 10 years at most:</p>



<p><strong>Wikipedia</strong><br>Action directe (AD) was a French far-left terrorist group that committed a series of assassinations and violent attacks in France between 1979 and 1987. Members of Action Directe considered themselves libertarian communists who had formed an “urban guerrilla organization”. The French government banned the group. During its existence, AD’s members murdered 12 people and wounded a further 26.</p>



<p>MY COMMENT<br>In those days the French domestic intelligence service (equivalent to the FBI), then called Les Renseignements Généraux, carefully and slowly investigated all terrorist groups on both sides of the political spectrum, as the attacks were meticulously prepared and needed a lot of time to set up. The danger France faces today is different, and requires a very different operating mode. The danger comes mostly from individual fanatics who do not belong to a political party or terrorist organization, though they may be more or less loosely connected with radical terrorist groups located both within and outside France. They do not always appear on the intelligence services’ radar, and they act very quickly.</p>



<p>Thus, the current analysis is that because the former type of French terrorism no longer exists, French police should radically change their methods and move very fast, putting under surveillance not only identified terrorist groups but also people who regularly visit their websites. Owing to the nature of the current threat, this also means having a significant share of police officers who are native speakers of Arabic. That opens a completely different topic, but one that is just as complex as this one.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR CHRISTMAS</span></strong><br>The office will close for three weeks over the Christmas holidays, starting on Friday December 18th in the evening and reopening on the morning of Monday January 4th. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p>Best regards,</p>



<div id="kt-info-box_92907f-9c" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/JeanTaquet-2.gif" alt="" width="147" height="132" class="kt-info-box-image wp-image-1932"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



<div id="kt-info-box_3ab103-da" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/signature-1.gif" alt="" width="121" height="35" class="kt-info-box-image wp-image-1933"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>WHEN A NON-PAYING TENANT IS LIVING IN YOUR HOME<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I regularly rent a room in my apartment. Currently, a young man is there and now refuses to pay or to leave. I believe he is hoping to maintain residency in the room until November 1st, at which time French law would prevent me from getting rid of him until March 31st.<br/>The rental agreement was from June to the end of August. When he refused to leave by the end of August, I hand-delivered and sent by registered mail a préavis to leave the room by September 28th.<br/>He has a job and his mother has a home in the French countryside where he could stay. I am told that this kind of squatting has become very tendance among young people.<br/>My question is: what kind of legal risk am I taking if I simply fix the lock to the apartment so that he can no longer enter, and place his things in a storage depot at his disposition?<br/>My thought is to do this around September 28th, the date given in the one month&#8217;s préavis, and simply present it to him as a fait accompli. The apartment door has an extra locking mechanism that can prevent anyone from using the usual key to open the door.<br/>I am retired, living on a limited pension. Without the rental income from the room, I will no longer be able to afford to stay in my apartment and, given my limited resources, may not be able to find any suitable lodgings if I lose these. So, this man could cause me to lose my own home.</em></p></div></a></div>



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<p>Dealing with a non-paying tenant means addressing two very different issues:</p>



<p>1. The tenant loses the right to stay there as the lease is then null and void, because one party stopped complying with its provisions.<br>2. French law defines a long, complicated process to ensure the right to remain in a primary residence. The two things are very different and are always tied together.</p>



<p>In your case it is probable that this young man does not have the primary residence protection.</p>



<p>The first issue could be considered self-explanatory, and for the most part it is. You had an agreement regarding the use of the space in return for the rent payment for three months. You agreed more or less to extend this relationship by one month. You followed the normal French guidelines on terminating a lease, with an official notice sent by postal mail, which was not disputed. He has no right to stay there.</p>



<p>One solution would be to change the lock on the main door of your apartment and leave his things on the landing in front of the door. You live in your home and you have the right to make this decision.</p>



<p>I strongly advise you not to allow him to enter your apartment, since once he is inside your home he might become violent. You are putting your belongings and yourself at risk. I believe that you could consider that changing the lock is a small cost to pay for real peace of mind. This man has no right to stay there and his things will not be there anymore. The only issue that could be discussed is whether to put the things in storage to keep them safe. It would be a nice gesture but I would expect some backlash, such as you being accused of having lost or kept some of his things. Putting them in front of your door poses much less risk since you relinquish control of his stuff. His belongings would be in a common area where you would have no control over who takes what.</p>



<p>The second issue is the one that complicates all eviction procedures, as it prolongs by months or even years the period until the non-paying tenant can be evicted. Proving that it is his primary residence would require him to produce an income declaration to the tax office that was done from your place. Given the dates, this is virtually impossible. Also, the length of time he spent in your home shows that it is not his primary residence. Thus, the sooner you do something, the better your chances are of this not happening.</p>



<p>The other issues you raise are irrelevant to this legal discussion. The fact that he could stay with his mother might motivate your actions and allow you to feel less guilty about evicting him, but it is rationalization that you are doing the right thing from a human point of view. I am not ignoring this dimension of the situation, as many people would include it when making this kind of decision. But the human side of a problem, conflict or crisis should not blur your vision to the point that you lose sight of the legal question, which is where the real issues lie.</p>



<p>Things can change rapidly in a city like Paris, possibly increasing the requirement for new regulations.</p>
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<div id="kt-info-box_b6d390-ec" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em><strong>HOW TO DEAL WITH A NOSY FRENCH BANKER</strong><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I’m writing to you for some advice about a request from my bank. … I have been away from France since November 2019, nearly a year, because of the pandemic. During this time, just before the pandemic, I obtained a long-stay visa. I also was successful in purchasing a pied à terre and have the notary papers with me. While anticipating my move to France in March 2020, I sent a couple of virements bancaires for my living expenses, when the dollar was relatively strong – I took advantage. The virements totaled about 9,000€.<br/>A short time thereafter, I received an email from my bank asking me why I was transferring money to my account. I didn&#8217;t understand the sense of the question, asked a friend who lives in France about it since things like that don&#8217;t happen in the US (at least at my level of finances), and, finally, with the onset of the pandemic and the chaos in my work that ensued, I lost track of the email and did not answer it.<br/>I have finally returned to France. I found in my mail here a letter from my bank asking for a rendezvous at the bank and various justifications – notably bulletins de salaire or avis d&#8217;imposition. I work for myself and do not earn a salary. My most recent avis d&#8217;imposition shows a negative revenue total. The bank has me on file as not being employed, which alerted the system which functions as anti-blanchiment.<br/>I am not, of course, laundering money. However, since I have no income to show on my tax return, I&#8217;m concerned that the authorities could start to meddle in my affairs. A few years ago I escorted groups of tourists in France, and this is something I haven&#8217;t registered with the French government.<br/>Can you advise me? The banker was somewhat vague about what would suffice for a justificatif de revenus. He is not insisting on a tax return. Do you think just a bank statement would suffice? Do you know what is at stake for me in this kind of scenario? Being in the dark about this worries me and I&#8217;m hoping to find some clarity</em>.</p></div></a></div>



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<h2 class="wp-block-heading">ANSWER</h2>



<p>I see two very different issues, not just the one with the banker. I would like to address them separately. Even if your banker accepts your explanation and documentation, you will need to submit your French bank statements to the prefecture, so I would like to address the problems that might come from that.</p>



<p>The regulations state that an incoming wire of foreign origin of 10,000€ or more must be documented with the Banque de France. Thus bankers often ask for documentation of the origin. The fact that your wires totaled 9,000€, just under the limit, might look suspicious and would be a good reason to ask for an explanation. Even though this is below the 10,000€ limit, your French banker has a right to ask what the funds are for and where they came from. The critical thing for you to understand is that your bank manager is personally and criminally liable for money laundering, tax fraud and any other felony at his branch that he does not report. So a French banker would rather lose a good client than take this kind of risk if the situation does not look clear and obvious.</p>



<p>At the meeting, your banker will want to see French and American documents showing how you earned this money and what it is being used for. He will be reassured to learn and see proof that this was income that was already taxed in the USA and therefore that having this money come into your French account means no liability for him. Hence your American 1040 forms for the past two or three years would be a good start. A year of your American bank statements, showing that you earn money as an independent, would also reassure him since it would match the #1040.</p>



<p>The fact that you escorted groups of tourists in France and got paid in the USA should not be the main focus of your banker. Your American banking information and your tax returns will show that this income was declared and taxed. The question of whether this was French money earned in France should not be his priority at all.</p>



<p>Now, some emails that do not say much but ask for information, sounding formal and detached, are a sign of serious danger and should never overlooked. Should you have a doubt whether the email you received is one of these, respond to it right away and ask your banking if you should be doing something.</p>



<p>Based on what you told me, if you do not convince your banker of your good faith despite providing proof of it and acknowledging your error in overlooking the initial email, the worst that will happen is that your account will be closed in 30 days. They are not pushing for specific documents but are rather letting you determine the best way to prove what your situation is. And what you should prove is:<br>1. You are self-employed in the USA.<br>2. Your clients pay you by crediting your American bank account.<br>3. This income is declared and taxed in the USA.<br>4. You needed a French non-resident account because you purchased a lodging in France.</p>



<p>In theory, since you just obtained your immigration status, you should have no problem with the prefecture about renewing it.</p>



<p>There is one thing that seems obvious about which I have learned to reassure people about at great length, as foreigners often do not see it as obvious. It concerns the fact that you will give the prefecture statements from your French bank account. There are two critical things the prefecture will check:</p>



<p>That all the money credited on the account comes from a foreign source, ideally from your personal account in the USA, so it is clear you are moving your own money.</p>



<p>That you spend the equivalent of the French minimum wage, about 15,000€, every year, which proves you spend most the year in France.</p>



<p>Make sure that, if you continue to escort groups of tourists in France, you are never paid in France. Preferably, in fact, these payments should not be deposited in the American account you want to show to the prefecture. Although the chances are slim that the prefecture would ask too many questions and find out that you have been working in France, it is not worth taking the risk. The ideal way to prove your financial means is to show statements on a savings account with hardly any transactions, along with a US Social Security statement showing the regular payments to which you are entitled.</p>
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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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		<title>The Last Waltz</title>
		<link>https://www.jeantaquet.com/the-last-waltz/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Thu, 01 Oct 2020 07:41:21 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[MARRIAGE]]></category>
		<category><![CDATA[PACS]]></category>
		<category><![CDATA[Refugees]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2275</guid>

					<description><![CDATA[October 2020 The title of this month’s column can be understood in many ways. As an expression, it has come to mean the end, after which people leave. I admit that I like challenges. This one started when a reader commented in an email, “You don’t include the Band or Eric Clapton in your music [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>October 2020</em></h5>



<p>The title of this month’s column can be understood in many ways. As an expression, it has come to mean the end, after which people leave.</p>



<p>I admit that I like challenges. This one started when a reader commented in an email, “You don’t include the Band or Eric Clapton in your music choices!”</p>



<p>I am not a fan of The Band or Clapton, although I acknowledge that they are great artists. I consider The Band to have been very underrated, deserving of much wider fame. What I like so much about this comment is that Clapton admired The Band and it was an influence on his career, even though just looking at their respective fame, many would guess it was the other way around.</p>



<p>This short statement shows that my reader is a pretty savvy connoisseur of that era and musical style. I am also interested in them, as the titles of my column show. I am always curious and want to learn more about what was happening between 1965 and 1975 in England and the USA. Not long ago I watched several biographical films on musicians including Marc Bolan, David Bowie, Eric Clapton, Ian Anderson and I must add the Irishman Rory Gallagher, to mention some of the best known. They had a definitive impact on the international rock and roll scene in the 1970s. That is how I ended up choosing this title.</p>



<p>From Wikipedia:<br><em>“The Last Waltz&nbsp;</em>was a concert by the Canadian-American rock group The Band, held on American Thanksgiving Day, November 25, 1976, at Winterland Ballroom in San Francisco.&nbsp;<em>The Last Waltz&nbsp;</em>was advertised as The Band&#8217;s ‘farewell concert appearance’, and the concert saw The Band joined by more than a dozen special guests, including their previous employers Ronnie Hawkins and Bob Dylan as well as Paul Butterfield, Bobby Charles, Eric Clapton, Neil Diamond, Dr. John, Joni Mitchell, Van Morrison, Ringo Starr, Muddy Waters, Ronnie Wood, and Neil Young. The musical director for the concert was The Band&#8217;s original record producer, John Simon.</p>



<p>“The event was filmed by director Martin Scorsese and made into a documentary of the same title, released in 1978. Jonathan Taplin, who was The Band&#8217;s tour manager from 1969 to 1972 and later produced Scorsese&#8217;s film<em>&nbsp;Mean Streets,&nbsp;</em>suggested that Scorsese would be the ideal director for the project and introduced Robbie Robertson and Scorsese. Taplin served as executive producer. The film features concert performances, intermittent song renditions shot on a studio soundstage, and interviews by Scorsese with members of The Band. A triple-LP soundtrack recording, produced by Simon and Rob Fraboni, was issued in 1978. The film was released on DVD in 2002, as was a four-CD box set of the concert and related studio recordings.”</p>



<p><a href="https://en.wikipedia.org/wiki/The_Last_Waltz">https://en.wikipedia.org/wiki/The_Last_Waltz</a></p>



<p>It happens that I saw the movie when it was first in theaters in France, and took some high-school friends with me.</p>



<p>As an expression, “the last waltz” in English is similar in meaning to<em>&nbsp;“le dernier tour de piste”,&nbsp;</em>or last lap. It seems as though every day brings another piece of news that makes this feel like the end of an era. The USA as a nation, has already gone through similar crises, such as the Civil War, throughout its history. The recent news of the death of Supreme Court Justice Ruth Bader Ginsburg adds to the impression that the USA as a nation is closing a chapter of its life and is ready to open a new one. However, each side of the political spectrum seems to be looking at a very different chapter.</p>



<p><strong><span style="color:#5182FF" class="color">THE DUBLIN SYSTEM REGULATING ASYLUM PROCEDURE FOR REFUGEES</span></strong><br>People living in France rarely know the Asylum procedures. This series of international instruments started with a logical approach to the refugee situation by stating that refugees seeking asylum should have their cases heard only in the country where they first entered the EU. The key assumption was that each country would be able to handle all such requests. People can fly into any EU country, but the reality is that people are coming by foot, by sea, by road, etc., and it is the countries on the EU&#8217;s outskirts that are most affected by waves of immigration, without any help from the other countries.</p>



<p><a href="http://www.lemonde.fr/international/article/2020/09/16/sante-environnement-minorites-ursula-von-der-leyen-devoile-son-plan-de-bataille-pour-l-union-europeenne_6052412_3210.html" target="_blank" rel="noreferrer noopener">www.lemonde.fr/international/article/2020/09/16/sante-environnement-minorites-ursula-von-der-leyen-devoile-son-plan-de-bataille-pour-l-union-europeenne_6052412_3210.html</a></p>



<p><strong><span style="color:#5182FF" class="color">PACS IS STILL DIFFERENT FROM MARRIAGE</span></strong><br>In everyday life, marriage and the<em>&nbsp;pacte civil de solidarité&nbsp;</em>(PACS) look alike, since both give many of the same rights. But there are several key differences. One concerns the procedure to obtain “private life” immigration status. Another issue involves estate planning, as the surviving partner in a PACS receives nothing unless there is a will making a specific bequest.</p>



<p>A situation that often arises concerns the dissolution of a PACS. This is another one of those differences since there is no divorce involved and therefore this must occur amicably. This court case is about the legal responsibilities of the partners, such as whether the financial burden of the relationship should be equally shared or not.</p>



<p>The PACS indeed regulates an official communal life which includes the obligation of taking care of each other in sickness and in health. The article linked below involves a court case in which both names were on the apartment lease but one partner paid the entire rent and other living expenses, and asked to be reimbursed for half when they split up. While one tenant can force another to pay half the rent, the French Supreme Court has consistently ruled that a PACS creates an official couple and therefore it is a communal living arrangement and not a roommate situation. The ruling mentioned in the article, issued on July 20th 2020, once again stuck to this principle: the partner who paid everything was denied the right to compensation from the other one. This said, marriage has the same rule!</p>



<p><a href="http://www.lemonde.fr/argent/article/2020/09/19/quand-les-concubins-se-separent-qui-doit-quoi_6052824_1657007.html" target="_blank" rel="noreferrer noopener">www.lemonde.fr/argent/article/2020/09/19/quand-les-concubins-se-separent-qui-doit-quoi_6052824_1657007.html</a></p>



<p><strong><span style="color:#5182FF" class="color">DETAILING THE PROCEDURE TO OBTAIN THE EMPLOYEE IMMIGRATION STATUS</span></strong><br>Since the creation of the<em>&nbsp;passeport talent&nbsp;</em>immigration status, which covers several types of employee, many think the old<em>&nbsp;salarié&nbsp;</em>status is obsolete and barely exists anymore. And yet the vast majority of jobs offered to foreigners do not fit<em>&nbsp;passeport talent&nbsp;</em>requirements.</p>



<p>There are two very different procedures to obtain<em>&nbsp;salarié&nbsp;</em>status, depending on whether the foreigner is already a legal resident of France or lives in another country.</p>



<p><strong>1. The foreigner lives in France</strong><br>The procedure starts with a scheduled meeting at the prefecture of the foreigner’s place of residence, at which a file is submitted. The vast majority of its contents come from the employer, but the employee is responsible for carrying out the procedure. The prefecture transfers the file to DIRECCTE, the division of the French administration dealing with employee status from many angles. Its&nbsp;<em>main d’oeuvre étrangère&nbsp;</em>(foreign labor) office is responsible for deciding whether to grant the right to work as an employee. Since it has a clear right to veto any request, it is critical to know how to block it. The legal timeframe for responding to a request is two months, but since there is no penalty if it takes longer, that is quite common.</p>



<p>If the decision is positive, a letter is sent to the employer, the employee and the prefecture, which carries out the last part of the procedure and produces the related<em>&nbsp;carte de séjour</em>.</p>



<p><strong>2. The foreigner lives elsewhere</strong><br>The employer starts the procedure by submitting the file to the local branch of DIRECCTE to have the labor contract approved and receive approval for the request. Again the two-month period applies, but with the same lack of consequences if it is exceeded. Then the file goes to the branch of the OFII (Office Français de l’Immigration et de l’Intégration) in the<em>&nbsp;département&nbsp;</em>where the employer is based, where according to the guidelines it is reviewed for about ten days; in my experience it takes two weeks, which is pretty much the same. After that, the file goes to the French consulate nearest to the foreigner’s place of residence. He/she is asked to submit a request for the visa to be issued. This kind of visa is called VLS-TS, which means it lasts for one year and the foreigner only goes to the prefecture a year or so later. Upon arriving in France, the foreigner must validate this visa with the OFII, in order to secure his/her immigration rights.</p>



<p><a href="http://www.ofii.fr/recruter-un-travailleur-etranger" target="_blank" rel="noreferrer noopener">http://www.ofii.fr/recruter-un-travailleur-etranger</a></p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR CHRISTMAS</span></strong><br>The office will close for three weeks over the Christmas holidays, starting on Friday December 18th in the evening and reopening on the morning of Monday January 4th. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p><strong><span style="color:#5182FF" class="color">THE EVOLUTION OF COVID-19 IN FRANCE</span></strong><br>As I was drafting this issue, the numbers of people infected with the coronavirus, testing positive, being sent to the emergency room, and dying, were all increasing sharply enough that people were talking about a second wave. At the very least, local authorities, mainly mayors, are issuing regulations to fight this trend. There is nothing too alarming, however. The statistics I was able to access as I wrote this issue were as follows: 78 deaths on September 23rd, 143 taken to the emergency room on Sept. 21st and 783 hospitalized as of Sept. 22nd.</p>



<p>For this month’s Q&amp;A, I thought it would be interesting to answer two of the questions I received during the first lockdown in case even stricter regulations arise. I do not expect another complete lockdown to take place throughout the country, as many different parts of France are barely affected. It is mainly the large cities that have problems, so there could be temporary lockdowns in one or more cities.</p>



<p>Significant restrictions, announced by Olivier Véran, the French health minister, are currently in effect. Here is the list for Paris:</p>



<p><strong>Private parties<br>10 people maximum</strong>&nbsp;This new restriction concerns parties, weddings, raffles, volunteer events, birthdays and communion events. Burials and funerals, on the other hand, are not included on this list.</p>



<p><strong>Large gatherings, concerts<br>1,000 people maximum</strong>&nbsp;Unless there is an exemption, stadiums, performance halls, convention centers and the like cannot accommodate more than 1,000 participants at the same time (compared to 5,000 previously).</p>



<p><strong>Party rooms and multipurpose rooms<br>Closed</strong>&nbsp;All party rooms and multipurpose rooms used for festive and community activities are closed.</p>



<p><strong>Gatherings in public spaces<br>10 people maximum</strong>&nbsp;This restriction includes gatherings on beaches and in parks.</p>



<p><strong>Working from home<br>Encouraged</strong>&nbsp;Without imposing restrictive rules, Véran called for teleworking to be used “as much as possible”.</p>



<p><strong>Major events<br>Prohibited&nbsp;</strong>This measure applies to local festivals, student parties and other such events.</p>



<p><strong>Bars<br>Early closure&nbsp;</strong>Bars and cafés must close by 10 p.m. (or even earlier in the event of a prefectural decision).</p>



<p><strong>Restaurants<br>No new restrictions</strong>&nbsp;The previous rules remain in force: physical distancing is required, and customers moving around restaurant must wear masks.</p>



<p><strong>Sports halls and gymnasiums<br>Closed&nbsp;</strong>Sports halls, fitness clubs and gymnasiums are closed until further notice.</p>



<p><strong>Establishments open to the public that have no “strict sanitary protocol already in place”<br>No new restrictions&nbsp;</strong>The previous rules remain in force: physical distancing and mask wearing are compulsory.</p>



<p>Best regards,</p>



<div id="kt-info-box_92907f-9c" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/JeanTaquet-2.gif" alt="" width="147" height="132" class="kt-info-box-image wp-image-1932"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em><strong>TRAVELING BY CAR DURING LOCKDOWN</strong><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>We are leaving next week for Normandy but we have not received our cartes de séjour yet. Our appointment with the prefecture on 10 March went well, but then everything closed down one week later.<br/>We understand that our récépissé (which expires on 9 June) has been extended due to the pandemic.<br/>We would like to know if there is something we need to do now, or if we continue to wait for the text message from the prefecture that our carte de séjour is ready for pickup? We heard about a form to complete for getting the card mailed to our house. Would that be an option for us? I looked at the site, but did not complete the form because I wanted your advice first.<br/>We worry that we will get settled in Normandy and then receive the text message that our cards are ready and not be able to travel back easily to collect them.</em></p></div></a></div>



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<h2 class="wp-block-heading">ANSWER</h2>



<p>Since we already went through lockdown once, it is much easier now to envisage the policies the French administration will implement if another one takes place.</p>



<p><strong>1. There should be a form to cover the administrative problems caused by the lockdown</strong><br>As soon as a<em>&nbsp;confinement&nbsp;</em>or other limitation on the freedom to travel is declared, an official list of exceptions will be issued.</p>



<p>In your case, you will have received an appointment from the prefecture. I am sure this will be considered a good reason to travel back to Paris. I believe that picking it up will continue to be the most common way to receive the<em>&nbsp;carte de séjour</em>.</p>



<p><strong>2. Receiving the<em>&nbsp;carte de séjour&nbsp;</em>by registered letter</strong><br>This option should be considered if the prefecture is incapable of handing out<em>&nbsp;cartes de séjour&nbsp;</em>in a reasonable manner.”</p>



<p>During the week of September 21st, it generally took two to three hours to pick up a<em>&nbsp;carte de séjour&nbsp;</em>at the Paris prefecture. There was a long line outside the building, lasting more than an hour, almost all day just to get in for this kind of appointment. Once through security there was another line, just as long, to enter the office where the<em>cartes de séjour&nbsp;</em>are handed out. At times the waiting room was so full that officials stopped issuing tickets so as to comply with distancing requirement – which is three feet, not six! But there is no distancing in the two lines and police are doing nothing to enforce it.</p>



<p>These conditions are exactly the type that lead to rapid spread of the virus: people glued to each other and a tiny overcrowded room. I can easily imagine that if this situation continues to be so hazardous, sending the documents by registered letter will be the safer alternative for health reasons. Unfortunately and sadly, the administration has not yet made this option available.</p>



<p><strong>3. Rescheduling the appointment</strong><br>Interestingly enough, it has always been easy to reschedule the appointment to pick up the card, mainly because little is at stake. The prefecture has made its decision; the card is ready; the only thing left is to pick it up. Before the COVID-19 pandemic, it was possible to just show up and get the card if one missed the appointment. Now, of course, that is completely out of the question. But there is a page on the website where it is possible to ask for a new appointment, the system is quite good, and the email giving the new appointment comes pretty quickly. The date varies quite a lot depending on demand; it can be a few weeks later.</p>



<p><strong>4. Extending the validity of the documents</strong><br>Do not forget that when the prefecture was totally shut down, the validity of immigration IDs was extended by six months. That was a way to handle the crisis and push back the moment when the foreigner needed to have a meeting. Now this policy is no longer in effect since all French prefectures are open. Nevertheless, it would not take much for a prefecture to shut down for a few weeks if there are too many COVID cases in the locality.</p>



<p>Things can change rapidly in a city like Paris, possibly increasing the requirement for new regulations.</p>
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<div id="kt-info-box_b6d390-ec" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><strong><em>RENEWING VISITEUR IMMIGRATION STATUS</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>We&#8217;re an American family in Paris – my wife and I and our two children –on a long-stay tourist visa. We received our visa last August, valid for a year. We went through the OFII procedure and plan to renew before expiration.<br/>I&#8217;m sure there&#8217;s reason to believe that even under normal circumstances, nothing in France is “easy.” However, now the circumstances are even less normal than usual. Would it be possible to receive from you the list of documents and details of the current procedure? We&#8217;re in Paris and will be for the foreseeable future (obviously!!).</em></p></div></a></div>



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<p>Before going into detail on the list and procedure, I need to address what seems to be a misunderstanding on your part. There is no such a thing as a “long-stay tourist visa”; no visa issued by French consulates is called that. If your visa has any name at all, it is almost certainly labeled as a “D” visa, which grants you an immigration status that can be renewed when it expires. If it has no name on it, it is just a long-stay visa and your stay in France is legal until its expiration date.</p>



<p>Calling this visa<em>&nbsp;“visiteur”&nbsp;</em>is misleading. Too many people have the wrong idea what it is and think it conveys extended tourist status in France. While France was shut down, many American citizens holding a “D” visa, especially the<em>&nbsp;visiteurs,&nbsp;</em>thought they were subject to the French travel restrictions applying to non-EU citizens. Even now many people have this misunderstanding, and the sad news is that the French consulate in Washington, DC, is adding to the confusion by sending out emails so confusing that people read them and think they are not allowed to come to France, even though they hold an immigration visa.</p>



<p>Now that I have addressed the name of the visa, I would like to reply to your question. The following statement may appear provocative, but it is useful when it comes to dealing with the procedure for renewing or changing any kind of immigration status at the prefecture.</p>



<p><em><strong>All types of immigration status involve proving, one way or another, four basic things:</strong></em></p>



<ul class="wp-block-list"><li><strong><em>1. Who you are?</em><em></em></strong></li><li><strong>2. What financial means you have?<em></em></strong></li><li><strong>3. What your address is?<em></em></strong></li><li><strong><em>4. What health coverage you have?</em></strong></li></ul>



<p>Because the<em>&nbsp;visiteur&nbsp;</em>status is the entry level immigration status, these four things are all you need to document.</p>



<p>Looking at it this way seems simple, except it must follow French logic, which is completely different from the American way. It takes several documents to prove each thing mentioned on the list. Each item on the list is a question you must answer fully, making sure to cover all the details.</p>



<p>For example, regarding the first item, an American citizen might reasonably think that a passport is enough valid ID. The French administration sees it very differently.</p>



<p>To meet French expectations, you need to provide everything listed below, in the same order as the list presented above.</p>



<p><strong>1. WHO YOU ARE = L’ETAT CIVIL</strong><br>These are the documents that define who you are by French standards.</p>



<p><strong>Passport:</strong><br>The ID page<br>The visa page</p>



<p><strong>Plus:</strong><br>The OFII confirmation with your foreign ID number<br>The OFII statement that you went through the physical</p>



<p><strong>Your family:</strong><br>Birth certificate officially translated into French: the prefecture wants to know the details of your parentage, as it defines who you are.</p>



<p><strong>Plus, if applicable:</strong><br>Marriage license Divorce decree<br>Passport and birth certificate of spouse and any children living in France.</p>



<p><strong>2. YOUR FINANCIAL MEANS</strong><br>All of the following that are applicable.</p>



<ul class="wp-block-list"><li>up to 12 consecutive monthly French bank statements showing that you brought in more than 14,000 euros and have spent about the same amount, as a minimum; there is no maximum.</li><li>your most recent American 1040 form to show that you are declaring your income. You have not been in France long enough to have the French equivalent, the<em>&nbsp;avis d’imposition sur le revenue,</em>&nbsp;which should be submitted the following years.</li><li>one or more American bank statements, dating back no more than three months, showing a significant balance; I advise clients to show more than $22,000.</li><li>your most recent Social Security statement, if you are retired.</li></ul>



<p>These show that you have the means to stay in France, where your money comes from, and how much you are spending in France. It is critical to open a French bank account immediately and find a way to pay as much as possible of your French expenses from this account. Otherwise the prefecture may think you do not live in France. American bank statements showing credit card transactions and ATM withdrawals in France are not admissible as proof since they are not French documents!</p>



<p><strong>3. YOUR ADDRESS IN FRANCE<br>Proof of address</strong><br>The simplest thing is to either own or rent in your name. Then you must provide:</p>



<ul class="wp-block-list"><li>A statement from the utility company, proof of tenant insurance for liability and a monthly bill for internet connection and, if applicable, a landline. These should be the latest bill, or, if you pay your utility bills via monthly bank transfer, a copy of the annual wrap-up.</li><li>The lease or proof of ownership.</li></ul>



<p>The logic here is that you prove two very different things:<br>a &#8211; the legal right you have to be in your domicile, which comes from a lease or a title and&nbsp;<br>b &#8211; recent documents related to utilities or insurance showing that you still live there.</p>



<p>It is also possible to be hosted and then the required documents are:<br>An affidavit of lodging from the person hosting you with an original signature,<br>A copy of an official ID such as a passport, a<em>&nbsp;carte de séjour,&nbsp;</em>a French ID card of your host.<br>A statement from the utility company, proof of tenant insurance for liability and a monthly bill for internet connection and, if applicable, a landline. Ideally there should two from this list, bearing the name of host.</p>



<p><strong>4. HEALTH COVERAGE</strong><br>To prove that you have health insurance that is valid in France, there are three things you must provide:</p>



<ul class="wp-block-list"><li>proof that you are insured, including what kind of policy, from which insurance company, and what the start and end dates of the policy are.</li><li>how much the premiums are, including proof of payment from the company, if possible, and the payment method.</li><li>proof that your policy offers a comprehensive coverage in France.</li></ul>



<p>If the documents are in English, many prefectures will demand that they be translated into French.</p>



<p>Presented this way, the file makes more sense, as it follow the logic that you have to prove every aspect of each requirement.</p>



<p>Since you went through the OFII procedure, you have your foreign ID number, which allows you to renew your immigration status.</p>



<p>It should go without saying, but I believe it is worth repeating: You are all immigrants in France, so you are here to stay as long as you want, provided you continue to meet the requirements.</p>
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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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		<title>School’s out</title>
		<link>https://www.jeantaquet.com/school-s-out/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Tue, 01 Sep 2020 07:49:11 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[Prefecture]]></category>
		<category><![CDATA[UNMARRIED]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2279</guid>

					<description><![CDATA[September 2020 Well, we got no choiceAll the girls and boysMakin’ all that noise’Cause they found new toysWell, we can’t salute yaCan’t find a flagIf that don’t suit ya, that’s a dragSchool’s out for summerSchool’s out foreverSchool’s been blown to pieces No more pencils no more booksNo more teacher&#8217;s dirty looks yeahWell we got no [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>September 2020</em></h5>



<p>Well, we got no choice<br>All the girls and boys<br>Makin’ all that noise<br>’Cause they found new toys<br>Well, we can’t salute ya<br>Can’t find a flag<br>If that don’t suit ya, that’s a drag<br>School’s out for summer<br>School’s out forever<br>School’s been blown to pieces</p>



<p>No more pencils no more books<br>No more teacher&#8217;s dirty looks yeah<br>Well we got no class<br>And we got no principals<br>And we got no innocence<br>We can&#8217;t even think of a word that rhymes<br>School&#8217;s out for summer<br>School&#8217;s out forever<br>My school&#8217;s been blown to pieces<br>No more pencils no more books<br>No more teacher&#8217;s dirty looks<br>Out for summer<br>Out till fall<br>We might not come back at all<br>School&#8217;s out forever<br>School&#8217;s out for summer<br>School&#8217;s out with fever<br>School&#8217;s out completely</p>



<p><em>School’s Out&nbsp;</em>was the fifth studio album by American rock band Alice Cooper, released in 1972. I bought the LP when I was still in middle school. Its cover opened like an old wooden school desk, the type where students used ink from a small bottle on the right side of the desk. The top could be opened, and students would keep their things there, unlocked. I used such a desk in elementary school.</p>



<p>The issue of whether to reopen schools was covered by the media every day in July. In the USA, it has since been replaced by stories about the US Postal Service and absentee ballots, and I am sure there will have been other news by the time I send out this issue.</p>



<p>As is common these days, school reopening has become a binary issue: one side says it is completely safe and children do not get sick; the other side sees schools becoming centers of infection, propagating the virus throughout the community. Children, whether they become sick with COVID-19 or not, can pass it on to teachers and parents, and thus to the community at large. Students of all ages do indeed congregate, and classrooms make it difficult for them to stay away from each other.</p>



<p>I can see a striking difference in the way France and the USA measure the fight against the pandemic. France talks all the time about the transmission ratio and the ratio of infected people in the community. The transmission ratio must stay below one to indicate a decrease of the pandemic. This can only be achieved by tracing how many people each infected individual has contaminated. The infection ratio needs to be below 50 per 100,000 inhabitants to be considered safe. To measure this requires testing on a large scale. The earlier an infected person is tested, the fewer people are contaminated. That is how it is possible to have a ratio lower than one, and it is how the pandemic can and should be decreased in the population. In July and especially August, as many expected, both ratios worsened. Regional authorities have taken drastic measures to try to turn the situation around. Such measures are evidence of the failure of government policy. Wearing a mask is now required in the centers of many cities and in all workplaces, as these are the No. 1 place where infection spreads. Sadly, dealing with the pandemic ends up being a matter of trial and error, which is not really what is expected of the government.</p>



<p>So, “School’s Out” or “Back to School”? The decision should be based on the ratios mentioned above, as well as other indicators of whether the authorities have sufficient control over the spread of the disease to take the risk and see what happens. One thing is for sure, Alice Cooper should not be the authority on whether children go back to school. Obviously, in 1972 he was into provocation and extravagance – and still is. His solo album<em>&nbsp;Welcome to My Nightmare&nbsp;</em>was released in March 1975. I am afraid many feel the USA as a country has accepted this frightening invitation.</p>



<p><strong><span style="color:#5182FF" class="color">“LOVE IS NOT TOURISM” CAMPAIGN: REUNITING UNMARRIED COUPLES</span></strong><br>Thousands of unmarried couples separated by the pandemic have found themselves unable to reunite, and also unable to ask for an immigration visa as the consulates first were closed and then did not accept the visa requests these people could submit. They should have asked for the<em> visiteur </em>visa but it was not considered essential travel. A campaign called “Love is not tourism” was launched on social networks to call on governments around the world to allow couples to get back together.</p>



<p>The French government is filling this legal vacuum by providing a procedure allowing a derogation from the pandemic travel rules. “The spouses must come to the consulate with documents attesting to joint activities, their identity documents, proof of residence in France for the French spouse, and a return ticket.” In short, the file must look pretty much like the one submitted by a PACSed couple at the prefecture. Cohabitation is often the hardest thing to prove, since most couples will not put the name of both partners on all the utilities and open a joint bank account, especially if one partner has no immigration rights in France. I will be keeping my readers informed about this as much as I can.<br><a href="https://ymlpcl1.net/98d1cwumazaehyebagajhwatajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/societe/article/2020/08/10/la-france-va-mettre-en-place-une-derogation-pour-permettre-les-retrouvailles-de-couples-binationaux-non-maries_6048574_3224.html</a></p>



<p><strong><span style="color:#5182FF" class="color">IS FRANCE EXPERIENCING A SECOND WAVE OF COVID-19?</span></strong><br>On August 15th, which normally is the height of French summer vacation when nobody works, many cities enforced mandatory mask-wearing in city centers or at least on particular streets, as was the case in Paris. American media covered these decisions as meaning Paris was in the “red zone” and France was being hit hard by a second wave.</p>



<p>This reflects a complete misunderstanding of French government policy. From the beginning of the gradual loosening of lockdown, the government stated that it would carry out its policy incrementally, in small steps, with the understanding that there might be some setbacks that would require stricter rules nationally or locally. The clear implication was that there would be an increase in infection. The challenge was to limit the number of people admitted first to emergency rooms and then to ICUs. At the time I wrote this in mid-August, hospitalizations were continuing to decline overall. As I said above, it is a matter of trial and error. With 2,669 new cases in 24 hours as of Thursday, August 13th, the progression of the coronavirus in France was at its highest since the end of lockdown, according to figures from the national public health agency, Santé Publique France. The number later reached more than 6,000 per day. On Saturday, August 29th, there were 5,453 new cases, and 6 deaths in France.</p>



<p>“50% of infection clusters are in companies, medical or non-medical. Hospitals are responsible for about 10% of clusters, medico-social establishments and nursing homes 20%, and private companies 20%.” This data came while France was still deep in summer vacation. Therefore many officials called for making masks compulsory in all enclosed places, including private companies.</p>



<p>Several union officials were in favor of implementing this policy, but employers’ representatives opposed making it a general rule, claiming that would be “excessive”. France is not immune to the debate over employee protection vs the cost and the complications such policies impose on employers.</p>



<p>Ultimately, the policy went into effect and masks became compulsory in all outside spaces in Paris, as well as all workplaces in France. This evolution can be interpreted differently depending on what you are looking for. What I see, which reassures me, is that the French people need to be reminded of the COVID-19 guidelines in stronger terms than what I had hoped for. On the other hand, the government seems to be in control and swiftly implementing policies to address the changes in the management of the pandemic.</p>



<p>I plan on enforcing this policy in my office as much as possible with my clients.<br><a href="https://ymlpcl1.net/48e69wujataehyebaiajhwatajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/planete/article/2020/08/13/pic-de-contaminations-journalieres-en-france-le-port-du-masque-au-travail-en-question_6048904_3244.html</a></p>



<p><strong><span style="color:#5182FF" class="color">CREATIVE WAYS PREFECTURES HANDLE PROCEDURES</span></strong><br>COVID-19 has shattered the old way of doing a lot of things in our daily life. Wearing masks more and more often is just the most visible part of a more profoundly radical change. It is especially visible in Paris, where cafés, bars and restaurants have taken over parking spaces with tables so they can accommodate clients outside. A cynic might say having to choose between exhaust fumes from cars driving a few inches away or the risk of COVID-19 inside does not sound like a healthy choice!</p>



<p>More seriously, here are some of the changes I have recently experienced.</p>



<p><strong>Entering the Paris prefecture</strong><br>The website clearly states that it is impossible to enter the building without an appointment. During most of the morning, there are three checkpoints with police checking appointment notifications&nbsp;<em>(convocations)&nbsp;</em>and sending you to the next one, until you reach the security checkpoint. There are three lanes in front of the main door; which one police chooses, depends on when their meetings are and which offices they are going to. There are barriers to keep people in line.</p>



<p>The<em>&nbsp;convocation&nbsp;</em>states in bold that the applicant must come alone. However, professionals known by the security personnel have no difficulty entering with clients, although family members who are there to help must stay outside.</p>



<p>The<em>&nbsp;convocation&nbsp;</em>specifies that you should not come more than 15 minutes early, but my experience now is that you can arrive up to 30 minutes ahead of the appointment and be allowed to stay in the line.</p>



<p>As is often the case in France, the rule is not as strict as proclaimed. When the need is real, people without an appointment go in a different line, and eventually, after a long wait, can get some help.</p>



<p><strong>Sending missing documents by email</strong><br>It has long been possible, when a couple of documents were missing, to send them by email during the meeting at the Paris prefecture. A few months before the pandemic began, my clients could send one or two documents after the meeting was over. I saw many coming in at 8:30AM to bring missing documents, but the prefecture got stricter and stricter about only doing this early in the day so that it did not disrupt the normal schedule too much.</p>



<p>Since the prefecture has reopened, sending missing documents by email has become systematic, and can involve several important documents, whereas before, the prefecture would have required new appointments in such cases. That illustrates how much more relaxed the process has become. Nevertheless, files will go nowhere until the right documents are received. If it takes too long for the prefecture to get them, I am sure new appointments will be required, which will be unpleasant at best.</p>



<p><strong>Sending complete files by post</strong><br>About ten years ago, it was quite common for the Paris prefecture to accept files sent by snail mail, and a few rural prefectures continued to allow this for first requests as well as renewals. Now it appears it is becoming even more common.</p>



<p>The most recent case I saw involved the sous-prefecture in Saint-Germain-en-Laye, which upon receiving the file sent a<em>&nbsp;récépissé&nbsp;</em>by regular mail. This was quite a novelty; I had never seen it done before.</p>



<p>I plan to continue describing such innovations as I encounter them, since it seems the prefectures are trying hard to keep the public from having to appear in person.</p>



<p><strong><span style="color:#5182FF" class="color">MY MINOR FEES INCREASED ON SEPTEMBER 1st, 2020</span></strong><br>Handling mail in my office: 40 euros per month<br>Handling mail received at my home: 50 euros per month<br>Surcharge for out-of-the-office meetings: 60 euros which corresponds to less than 30 minutes’ transportation<br>Surcharge for meetings and phone calls at the client&#8217;s request after 7PM weekdays, all weekend and during national French holidays and vacations: 30%.</p>



<p>Best regards,</p>



<div id="kt-info-box_92907f-9c" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/JeanTaquet-2.gif" alt="" width="147" height="132" class="kt-info-box-image wp-image-1932"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><strong><em>VISA REQUESTS AND COVID 19</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am an American married to a Frenchman and we live in the USA. We want to spend more and more time in France, about four to six months, but I can only stay for three months with an American passport. As the spouse of a Frenchman, I can apply for and should easily obtain a long-term visa. The French consulate is not issuing visas because of the COVID.<br/>Do you know if it is possible for me to obtain a long-term visa in France and therefore locally through the prefecture? Once I’m there, can we request an extension if necessary?</em></p></div></a></div>



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<p>I fully understand your situation. The border control on the French side used to be quite lax for American citizens when it came to length of stay, and it was possible to travel in and out without much risk of being fined for overextending one’s stay in France.</p>



<p>I assume the pandemic has affected immigration regulations all over the world. The French consulates have yet to fully resume issuing visas. Only urgent and important requests are being reviewed, making it impossible for some Americans to obtain a<em>&nbsp;visiteur&nbsp;</em>long-stay visa or the non-renewable six-month to one-year visa that does not entail a right to extend the stay in France.</p>



<p>Your situation illustrates the complications created by the pandemic. Which visa and which<em>&nbsp;titre de séjour,&nbsp;</em>issued by the prefecture, can you get? What is best for you two? Intuitively, you think that being married to a French citizen should be a definite advantage for this purpose. But right now the visa you can fairly easily obtain is the one you do not want, and the one you want is not available! In other words, you either get all the rights to immigrate to France as the spouse of a French citizen, which you do not want, or you get nothing because the consulate has yet to issue non-essential visas, include short-stay ones.</p>



<p>Furthermore, the Schengen regulation that applies to American citizens, limiting stays to three months within a given six-month period, is likely to be strictly enforced when the European Travel Information and Authorization System (ETIAS), described on the Schengen website as “a completely electronic system that allows and keeps track of visitors from countries who do not need a visa to enter the Schengen Zone. In a way, it resembles the U.S Electronic System for Travel Authorization (ESTA), which serves a similar purpose. The legal procedures to pass the ETIAS have started in 2016, and the system is expected to be in place by 2022.”</p>



<p>I believe that, between ETIAS and stricter control at the French borders, the legendary leniency that Americans benefitted from is gone.</p>



<p>Therefore, this is the choice you are faced with:<br>1. The spouse of a French citizen can secure their right to be an immigrant in France without problem. The couple declares to VFS and the French consulate that they wish to live in France. This visa is usually issued quickly and easily. But it is not what you want.</p>



<p>2. You have to wait until the French consulate restarts its processing of short-term visas, which should be at about the same time American citizens are once again able to enter France without a visa.</p>



<p>The latter scenario could get more complicated, however, because of the often narrow-minded way visa applications are reviewed. When you ask for a visa you must state your marital status and thus identify yourself as the spouse of a French citizen. I am not sure you would get the visa you ask for. You might instead receive a long-stay visa, valid for one year, which makes possible the right to obtain a private and family life residence permit.</p>



<p>You ask about applying for a visa once you are in France. It would be easy for you to apply for a residence permit at the prefecture after six months in France as the spouse of a French citizen. But this is not your plan.</p>



<p>Any request for an extension of the three-month stay is ordinarily refused. The basis for such a request must be a compelling reason not to leave France, which can be medical or legal (e.g. the destination country having closed its borders).</p>



<p>I truly wish I could give you the right solution but the pandemic is here to stay for months and maybe years. You need to be tuned in to the French consulate communications to be able to submit a request for the visa you want.</p>



<p><a href="https://ymlpcl1.net/9d113wubazaehyebaaajhwaoajsew/click.php" target="_blank" rel="noreferrer noopener">www.schengenvisainfo.com/etias</a></p>
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<div id="kt-info-box_b6d390-ec" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>APS CARD (NOW CALLED RESE) AND CHANGE OF STATUS<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>We&#8217;re an American family in Paris – my wife and I and our two children –on a long-stay tourist visa. We received our visa last August, valid for a year. We went through the OFII procedure and plan to renew before expiration.<br/>I&#8217;m sure there&#8217;s reason to believe that even under normal circumstances, nothing in France is “easy.” However, now the circumstances are even less normal than usual. Would it be possible to receive from you the list of documents and details of the current procedure? We&#8217;re in Paris and will be for the foreseeable future (obviously!!).</em></p></div></a></div>



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<p>I would like to address the issues you have raised by starting with some definitions, since I believe you are not clear about certain things.</p>



<p>1.<em>&nbsp;profession libérale</em></p>



<ul class="wp-block-list"><li><em>Profession libérale,&nbsp;</em>which is defined as offering services, expertise, advice and the like, rather than selling goods. The income tax is called BNC<em>(bénéfices non commerciaux)&nbsp;</em>(MICRO for<em>&nbsp;auto-entrepreneur&nbsp;</em>and the other entry-level status, the classic status).</li><li><em>Artisan,&nbsp;</em>which means a craftsperson doing manual work in which you have expertise that shows in what you sell. The income tax is called BIC<em>(bénéfices non commerciaux)</em>&nbsp;(MICRO for<em>&nbsp;auto-entrepreneur&nbsp;</em>and the other entry-level status, the classic status).</li><li><em>Commerçant,&nbsp;</em>or merchant, which mostly entails buy goods to sell at a higher price.</li></ul>



<p>A freelancer, as the term is commonly understood, always has<em>profession libérale&nbsp;</em>status.</p>



<p>2.<em>&nbsp;carte de séjour for profession libérale</em><br>The law defining the requirements for issuing this<em>&nbsp;carte de séjour&nbsp;</em>specifies that the foreigner’s business must make a profit of at least the French minimum wage (SMIC, just shy of 15,000 euros) every year. Therefore the first condition, whether for a visa or a<em>&nbsp;carte de séjour,&nbsp;</em>is always the foreigner’s ability to earn that much. For a MICRO BNC business the annual sales must be at least 23,000 euros to reach the SMIC. (The ratio defined in the law is 100 euros in sales equals 65 euros in profit.).</p>



<p>Here is how the prefecture will look at your request. The initial file you submit, asking for a change of status, must convince the prefecture that you will make at least the French minimum wage in profit. In general, the prefecture is already skeptical when you show the documents proving that what you say is true. Therefore it is even more skeptical when it comes to projections. The reality is that the prefecture is giving you the benefit of the doubt if it approves your request for the change. That is critical to understand, since, although it rarely happens, the prefecture can call you in if it thinks your business is not performing as it should be. You should not be too worried about this if you have a bad month, but bear in mind that the prefecture has access, if it wants, to the URSSAF database, where you declare your sales quarterly.</p>



<p>Renewal of the immigration status will occur a year later. At this point the prefecture evaluates what you did the previous year. In Paris, it will ask for your last twelve monthly French bank statements and all invoices and receipts you have issued. It will review the bank statements to see how many invoices have been paid and whether it can identify the payments related to the receipts. Reviewed this way, that provides solid proof that the prefecture can trust. It is easy to add up the credit side of the statements and see if you comply with the minimum wage requirement. Many people compile a spreadsheet with all the necessary information to help the prefecture review the file. If you meet all the requirements (including being up to date paying your taxes and social charges and staying within the limits of your business description) you get a four-year<em>carte de séjour.&nbsp;</em>It is restricted to your business and does not allow you to work as an employee.</p>



<p>3. French labor law gives employees strong protection<br>There is an underlying assumption that an independent could in reality be an employee whose employer has forced them to take self-employed status. The definition of a French employee is to be subordinate; in French we speak of<em>&nbsp;“la recherche du lien de subordination.”&nbsp;</em>Several types of inspectors in France can rule that an independent has so little freedom in the way they organize their work that they are really employees obeying an employer, rather than an independent running a business and therefore prioritizing their own tasks and clients. We all know how demanding clients can be, though, so in real life the way French law makes this distinction is becoming harder and harder to pin down. Working remotely as an employee is now quite widely accepted. And for an independent, spending time in a client’s office or workshop can be completely justified. Therefore, the old guidelines are becoming less and less pertinent. A recent ruling by France’s highest court against Uber is interesting in this regard, as it analyzes in great detail how little freedom Uber drivers and delivery personnel have.</p>



<p>It is common knowledge that inspectors go after small independents, especially those who have chosen<em>auto-entrepreneur&nbsp;</em>status, to audit them so as to get access to their basic accounts and work schedule to see if there is a violation of the law governing who is an employee. Thus self-employed people in France need eventually to have a diverse clientele, not just a few clients. Having an open-ended contract with a client can easily look like a labor contract. If the consultant is paid the same amount every month, the initial assumption is that this is an employee relationship. The very nature of the work must be unequivocally self-employment; writing “freelancing” is not enough. It is imperative for you to be able to describe your tasks and performance in such a way that they can never be interpreted as you being an employee, legally speaking.</p>



<p>By the way, even though the prefecture does not have such inspectors, on occasion it will interpret contracts this way and hence refuse to grant self-employed immigration status.</p>



<p>4. APS card<br>Its new name is RECE, for (<em>carte de séjour autorisant à) Rechercher un Emploi ou Créer une Entreprise,&nbsp;</em>i.e. job seeking or business creation. This immigration status clearly allows one either to find an employer or to start a business, and thus there is no need to choose which is being pursued when asking for the<em>&nbsp;carte de séjour.</em></p>



<p>With your current immigration status, you have a right to register your business. Given what I described above about the prefecture’s expectations, obviously the older your business is, the more convincing your file will be. You can show how your business is doing and, ideally, growing.</p>



<p>To describe the situation in more detail:<br>You could have around six months of operating your business when you show up at the prefecture. In that case, the file will be complex, as you need to do two things at once:</p>



<p>a) present your project with a vision and a description of your business as you see it, going into great detail about your expected billing and expenses over the next three years.</p>



<p>b) prove that your business registration is up to date and you have gathered all documents the prefecture requires, including the statements that you are in good standing with URSSAF and therefore paid up.</p>



<p>I would like to remind you that you are asking for a<em>&nbsp;carte de séjour,&nbsp;</em>not a visa, which is obtained at the consulate and allows people to enter France with the appropriate immigration status.</p>



<p>I advise everybody to take the following steps so as to be certain to have addressed all aspects of the file:<br>1. working on the project and documenting it<br>2. making sure you meet all fiscal and legal obligations<br>3. putting the file together.</p>



<p>The file should be structured into the following three sections and sub-sections:<br><strong>1.<em>&nbsp;État civil,&nbsp;</em></strong>i.e., proving who you are the French way</p>



<ul class="wp-block-list"><li>Passport</li><li><em>Titre de séjour&nbsp;</em>(immigration documents)</li><li>Birth certificate</li><li>Several proofs of address</li><li>Landlord authorization or other proof that you have the right to run your business in your home</li></ul>



<p><strong>2. Introducing your business</strong></p>



<ul class="wp-block-list"><li>Letter requesting the related<em>&nbsp;carte de séjour</em></li><li>Business plan projection over three years, detailing billing and expenses</li><li>Résumé in French</li><li>Diplomas related to the business created, translated into French</li><li>Proof of experience in the field or fields concerned</li><li>Letters and contracts with your existing and future clients</li></ul>



<p><strong>3. The French registration of your business:</strong><br>URSSAF</p>



<ul class="wp-block-list"><li>All quarterly declarations with related payment of social charges</li><li>Statements that you are paid up and in good standing<em>&nbsp;(attestation de compte à jour, attestation de vigilance)</em></li></ul>



<p>INSEE<br>• Original statement of registration and an update not more than three-month</p>



<p>CPAM<br>• Proof of health coverage not more than three months old (the<em>&nbsp;carte vitale&nbsp;</em>is not admissible)</p>



<p>Tax office<br>• Welcome letter and income tax statements, if pertinent</p>



<p>French banking<br>• Ideally, statements from the past 12 months, or whenever the account was opened if less than a year; this concerns the professional account, the professional payments highlighted</p>



<p>Billing<br>• All invoices and receipts issued during the period concerned</p>



<p>Finally, you make an appointment at the prefecture. Each prefecture has a different method, and before COVID-19 it was not easy, but once one knew the way it was secured. Now everything is done either through a webpage or by sending an email to a specific office of the prefecture. Therefore it has become more complicated to find the right way to ask for the appointment. Also, the prefectures have become stricter about requiring the file to conform to the type of appointment made.</p>
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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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		<title>I’m Gonna Get Me A Gun</title>
		<link>https://www.jeantaquet.com/i-m-gonna-get-me-a-gun/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Jul 2020 07:58:01 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[DIVORCE]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2284</guid>

					<description><![CDATA[July-August 2020 I would like to wish all of you a great summerand a very nice vacation whenever it is possible;I will start mine in less than three weeks “I’m Gonna Get Me A Gun” is a song by Cat Stevens. Written and recorded in 1967, it was released on the U.S. version of&#160;Matthew and [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>July-August</em> 2020</em></h5>



<p><strong>I would like to wish all of you a great summer<br>and a very nice vacation whenever it is possible;<br>I will start mine in less than three weeks</strong></p>



<p>“I’m Gonna Get Me A Gun” is a song by Cat Stevens. Written and recorded in 1967, it was released on the U.S. version of<em>&nbsp;Matthew and Son,&nbsp;</em>his first album.</p>



<p>I’ve been demoralized too many times<br>But now I realize, ah ah, no more.&nbsp;<br>I’m gonna get me a gun,&nbsp;<br>I’m gonna get me a gun.&nbsp;<br>And all those people who put me down,&nbsp;<br>You better get ready to run,&nbsp;<br>’cause I’m gonna get me a gun.<br>I know my destiny is like the sun.&nbsp;<br>You see the best of me when I have got my gun.&nbsp;<br>I’m gonna get me a gun,&nbsp;<br>I’m gonna get me a gun.&nbsp;<br>And all those people who put me down,&nbsp;<br>You better get ready to run,&nbsp;<br>’cause I’m gonna get me a gun.<br>So you think you can push me around&nbsp;<br>And make me run.&nbsp;<br>Well I’m gonna tell you now&nbsp;<br>I’m gonna get me a gun,&nbsp;<br>I’m gonna get me a gun.&nbsp;<br>And all those people who put me down,&nbsp;<br>You better get ready to run,&nbsp;<br>’cause I’m gonna get me a gun,<br>Gonna get me a gun.</p>



<p>Many American readers may think I am talking about the 2nd Amendment because of the importance of this issue in the USA. I am French, which I feel disqualifies me from expressing an opinion about the issue, as it is something specific to the USA. But as a former French army officer, I have experience with firearms. I was trained on probably every kind that existed at the time. When I wore the uniform, I carried a firearm as part of the job. Since being discharged from the army, I have never used a gun, even though it would have been easy while living in the USA, or even after we moved back to France, where I could have done so as a hobby. My position is that it was part of the job and it stayed with the job.</p>



<p>No, my choice for the title song has a lot more to do with violent expressions of rage, disgust and anger. It is clearly sung by someone who has been humiliated, and the revolt originates from that. I condemn the use of guns.</p>



<p>Cat Stevens has a reputation for singing soft songs with melancholy lyrics, so the fact that he had this song on his first album goes against the common perception of him as an artist. The song came out at a time of protests, civil unrest and massive demonstrations against the Vietnam War and for civil rights. The year after it was released, Martin Luther King Jr. was assassinated. Many people my age and older clearly remember when Ohio National Guardsmen shot 13 unarmed antiwar protesters at Kent State University, killing four, on May 4th, 1970.</p>



<p>The American people are deeply divided right now and there are protests in the streets. Many compare what is happening today to the ’60s, and there are indeed many points of resemblance. We always think what we see today is horrific, worse than it has ever been. I like history for many reasons, one being that it brings us perspective so we can have a more measured viewpoint, remembering that things have been worse and not that long ago, well within living memory. History also allows us to review the outcome of what happened then so as to have a better idea what consequences we can expect today and tomorrow.</p>



<p>The USA is not as divided now as it was then, and that violence was resolved within a few years. So stay hopeful and confident. The country will survive this time, as it has before.</p>



<p>Keep in mind there were 24 race riots in US cities between 1963 and 1970, most of them from 1966 on. I can only hope that the result of the November presidential election will bring back a more peaceful life.</p>



<p><span style="color:#5182FF" class="color"><strong>PREFECTURES HAVE REOPENED, COPING WITH THE PANDEMIC</strong> </span><br>So much has changed in terms of what is happening with prefectures that I could devote a full issue to the topic. The best I can do here is highlight the most striking developments and urge people to do research when they need more information.</p>



<p><strong>1. Some<em>&nbsp;cartes de séjour&nbsp;</em>are now sent by registered post</strong><br>A very long time ago this used to be something that happened in a few tiny<em>départements.&nbsp;</em>Today the Paris prefecture is sending some<em>&nbsp;cartes de séjour&nbsp;</em>this way to decrease the number of people going inside the prefecture. The client who told me about this had renewed a<em>&nbsp;carte de résident.</em></p>



<p><strong>2. The<em>&nbsp;récépissés&nbsp;</em>are sent by email</strong><br>The<em>&nbsp;récépissé&nbsp;</em>is the official ID document that serves as a bridge between the immigration status expiration date and the appointment, and between when the appointment ends and the<em>&nbsp;carte de séjour&nbsp;</em>is ready to pick up. Getting one, especially in the first case, used to require going the prefecture and asking for it. Now one goes to a page on the prefecture website, fills out the form and receives an email with the<em>&nbsp;récépissé&nbsp;</em>as a PDF attachment. Once you print it and glue on a passport photo, it is an official document.</p>



<p><strong>3. Some files are submitted entirely by email</strong><br>One client came to France with a three-month<em>&nbsp;passeport talent,&nbsp;</em>in which case the<em>&nbsp;carte de séjour&nbsp;</em>must be requested as soon as possible. Again there is a link for submitting basic information, after which one receives an email with an information sheet and a form to complete. One prints the form, fills it out, glues on a picture and then scans the file and sends it back. The photo can be the kind taken at a Photomaton machine, found in almost all Paris metro stations, so it is easy to do. As the prefecture has a low limit on email size, one can send only two or three of the required documents at a time, which quickly becomes tiresome. The&nbsp;<em>carte de séjour&nbsp;</em>is supposed to be ready shortly after that. We are still waiting!</p>



<p><strong>4. The prefecture is strict about timing</strong><br>The guidelines say one must not show up more than 15 minutes early. There are now several small offices inside the Cité prefecture so that the volume of people is easier to manage. The offices are color coded.</p>



<p><strong>5. I have yet to find how to book an appointment for a change of status to become self-employed</strong><br>Previously, the appointment was secured over the phone and the documents were sent by email. I have called the Paris prefecture several times to be guided through the website. I do not have the information yet about some changes of status. Securing a first appointment to change to become self-employed used to be done exclusively over the phone, calling 3430. This number is strictly dedicated to deliver information. I will continue to enquire until I find out. On a lighter note, often the civil servants with whom I speak put me on hold to find the answer. They candidly acknowledge they feel overwhelmed by the amount of change and the number of email addresses they have to memorize!</p>



<p><strong>6. All appointments are made by email or through the website</strong><br>It is clear that the prefecture is doing its utmost to minimize human contact in immigration procedures. This trend started quite a while ago, with promotion of the website and the need to send the right email to the right address. The Paris prefecture has the previous pages of its website describing the most common statuses requested. Renewing the same status is done through the dedicated appointment website. The first request and changes require sending an email, such as to obtain the employee status, or the&nbsp;<em>“passeport talent”</em>&nbsp;one.</p>



<p><strong>7. The guidelines are strict about the foreigner going to the meeting alone</strong><br>On all appointment notifications, it is written in bold letters that the applicant must come alone and cannot be accompanied during the meeting. I have no idea how the prefecture staff distinguishes between professionals whom they know and who should be allowed in, and helpers, family members or acquaintances who are there mostly because they speak better French. I will keep my readers informed on this situation.</p>



<p><strong>SIX-MONTH EXTENSION OF IMMIGRATION ID: HOW IT WORKS</strong><br>After a couple of phone calls with the prefecture I now understand how they are handling the six-month extensions of ID. There are several possible situations:</p>



<p><strong>1. The<em>&nbsp;carte de séjour&nbsp;</em>expired during lockdown</strong><br>The extension means the expiration date is now exactly six months later. The foreigner should ask for an appointment to renew the card two to three months before the new expiration date.</p>



<p><strong>2. The&nbsp;<em>récépissé&nbsp;</em>linked to waiting for an appointment expired during lockdown</strong><br>The foreigner had an appointment at the prefecture that was cancelled. The prefecture is mailing out new appointment notifications<em>&nbsp;(convocations)&nbsp;</em>and the extension lasts until the date of the new appointment. Appointments are currently being scheduled between mid-August and mid-September.</p>



<p><strong>3. The&nbsp;<em>récépissé&nbsp;</em>obtained after the appointment to get the<em>&nbsp;carte de séjour&nbsp;</em>expired during lockdown</strong><br>Either the<em>&nbsp;carte de séjour&nbsp;</em>is sent by mail or the prefecture sends a text message or an email scheduling a new appointment to pick it up.</p>



<p><strong>4. A long-stay visa valid for one year expired during lockdown</strong><br>As long as the visa went through the OFII procedure and the foreign ID number was issued, this situation is the same as the<em>&nbsp;carte de séjour&nbsp;</em>procedure explained in point 1. It is the date of visa expiration that counts, not the date of the OFII physical, if one took place; the physical seems to be required less and less, and I have not been able to figure out why it happens, in the cases where it does take place.</p>



<p><strong><span style="color:#5182FF" class="color">A NEW WAY OF DIVORCING IN FRANCE</span></strong><br>I would like to share a message from one of my readers related to a recent change in the French divorce procedure that gives<em> notaires </em>responsibility for witnessing no-contest divorces. Two lawyers are still needed, and there is a small chance of the procedure derailing if they end up disagreeing on the wording of the agreement the couple reached. But the website my reader mentions is managed by licensed lawyers and allows the procedure to go through peacefully with no risk of derailing and thus for a low price.</p>



<p>The message below does not constitute an endorsement on my part. What the reader describes is only possible for couples who have a totally ironclad agreement. I mention it mostly because it shows French ingenuity, and it is rare to find an amicable process in France that works well enough to be monetized.</p>



<p><em>I just want to thank you for your emails and for responding to my question a few months ago about divorce. I’ve been unemployed and without any resources of my own for some time. In case this is interesting to you or your future clients, I ended up going through WeDivorce for 285 euros (per person). It was a very easy process, all online until the very last moment when we had to go together to sign the documents in person. Then, they filed all the paperwork, and sent us the signed document from the notaire, as well as the revised acte de mariage from the town where we were married. From start to finish it was less than 3 months. It could have been much shorter if we had had all our documents ready to go and if my ex and I had been able to make decisions about the convention more quickly. The team at WeDivorce were incredibly helpful and responsive by email.</em></p>



<p><strong><span style="color:#5182FF" class="color">HOW THE PANDEMIC AFFECTS SCHEDULING OF CO-OWNER MEETINGS</span></strong><br>I mentioned in the May 2020 issue that property co-owners’ general meetings could be postponed until after June 30 since the law requires them to be held within six months after the closing of the books. This initial move was meant to gain time until a more definitive decision could be made.</p>



<p>The pandemic is still around, even though the number of cases in France has decreased considerably. The government is still enforcing physical distancing, mask wearing and so on, despite a significant loosening of the rules since May 11th. Reopening of professional venues is happening gradually.</p>



<p>Even so, all Parisian buildings I am involved in have chosen to hold the meetings on Zoom. I have not attended any yet, but I am being notified of dates in the autumn when they will occur. The meeting rooms are often small and even if fewer than ten people attend, it could pose a serious health risk.</p>



<p>Meetings of the<em>&nbsp;conseil syndical,&nbsp;</em>the board of the<em>&nbsp;syndicat des copropriétaires&nbsp;</em>(co-owners’ group) have taken place but only through email exchanges, with the<em>&nbsp;syndic&nbsp;</em>acting once it receives a response from a majority of the members.</p>



<p>The books used to be reviewed in the syndic’s office and involved the actual accounting documents. But about a year ago the<em>&nbsp;syndics&nbsp;</em>were obliged to put all the accounting on line and accessible at least by the<em>conseil syndical&nbsp;</em>members, and now usually by all co-owners. Thus for the Parisian condominiums I am involved with, I have seen those books being reviewed from home, accessing the information online.</p>



<p>All<em>&nbsp;syndics&nbsp;</em>are pushing to get the building charges paid by wire transfer to the bank account of the<em>&nbsp;syndicat des copropriétaires,&nbsp;</em>as the postal mail has been unreliable since lockdown began. They are also pushing for it because it would relieve their staff of having to handle checks and make the accounting easier. I believe these changes will be permanent, as they are an improvement for all parties.</p>



<p><strong><span style="color:#5182FF" class="color">SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 17th to AUGUST 24th </span></strong><br>The office will be closed for one month, starting Friday, July 19th, and will reopen on Monday, August 24th. As always, I will be reachable by e-mail for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.</p>



<p><strong><span style="color:#5182FF" class="color">MY MINOR FEES WILL INCREASE ON SEPTEMBER 1st, 2020</span></strong><br>Handling mail in my office: 40 euros per month<br>Handling mail received at my home: 50 euros per month<br>Surcharge for out-of-the-office meetings: 60 euros which corresponds to less than 30 minutes’ transportation<br>Surcharge for meetings and phone calls at the client&#8217;s request after 7PM weekdays, all weekend and during national French holidays and vacations: 30%</p>



<p>I would like to remind everyone that there will be no August issue.</p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><strong><em>WHAT PROFESSION SHOULD BE MENTIONED ON THE URSSAF REGISTRATION?</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am an American and my carte de séjour does not allow me to work in France since it is a visiteur one. I have decided to become self-employed in France and I have tried to fill in the form online to become an auto-entrepreneur following what I thought was basic logic. I have been very conservative in my projections, as I do not know if this freelance business will be successful or not, especially with French companies as my clients. I made some assumptions, detailed below:<br/>1. I have multiplied my monthly projection by 9 months instead of 12 to account for France’s many holidays.<br/>2. I want to declare only the jobs in which I am known as a professional since the prefecture can question me about my expertise.<br/>3. I have chosen to charge low fees and even flat low fees. I am also projecting working few hours as I want to be conservative and therefore credible.<br/>Therefore, I do not want to claim that I will be teaching &amp; working in educational fields (language, culture, writing). I was told to systematically put that in. I am not a teacher and was never one in the USA. I hold no degree remotely linked to teaching or English literature and therefore I do not see how I can claim to be a professional teacher in France. I want to focus on the services I offer as a solid professional. Do you agree?</em></p></div></a></div>



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<p>Before getting into details and addressing your concerns and the choices you need to make, I would like to explain a few things. First, I believe that you have misunderstood the advice you received.</p>



<p>No one intends to turn you into a full-time teacher. With luck, you will never need to earn money as a teacher. That is not the issue.</p>



<p>To register a French business, you have to define all the jobs, activities, services, actions, goods, etc. linked to your business. This is a big contrast with the USA, where usually there is no need to even register a business; the money you earn shows up on your #1040 form and is taxed accordingly.</p>



<p>In France, about this issue, the registration form asks two questions: What job or jobs do you wish to do and, if there is more than one, which is the main one. The list issued by INSEE, the French statistical agency, defines jobs very narrowly, so it is advisable to put several to cover a wide base. Say you just want to do marketing and communication (which are two choices, not one), those do not include publicity, public relations or event organizer. Even if you are sure you just want to do your job the way you think of it in the USA, in France it is best to check several categories, depending on your specialty.</p>



<p>The second thing to address is how you feel about teaching. Immigrating to France entails a radical change in your life, including your professional life. It is obvious to the French, but not to Americans, that the latter speak a level of English usually unmatched in the French population. The very fact that they are native English speakers makes them desirable for any job in which that is needed – especially teaching English with an American accent.</p>



<p>I assure you, no diploma or teaching experience is necessary to teach conversational English to a French person. The reality is that being a native English speaker is likely the most marketable quality you have on the French market, and finding a job as an English teacher could be the easiest and fastest way to go. I would like this to sink in. I am sure you never thought being an American and a native English speaker was so impressive that it would easily open the door to the job market. But that illustrates the huge paradigm shift you face as an American wanting to work in France. You need to review the whole range of your expertise within the prism of the French market. You will see that many things you do naturally, that you never learn in school or on the job in the USA, can help your French career.</p>



<p>I would like to describe what happened to one of my clients to illustrate how registering as a teacher, among other things, can be useful. It is a story specific to the unusual times we are living through at the moment. This said, its teaching is timeless and can be applied to everybody.</p>



<p>The client registered as self-employed with tourism as the primary activity, and had zero desire to be a teacher but nevertheless gave in and added teaching and several other jobs as secondary activities. The business was registered about a week before the Covid-19 lockdown began. All the tourism contracts were canceled, leaving no job in sight for the foreseeable future. What little savings the person had was not enough to survive on for more than a month or so. Out of pure necessity, this client has been earning a living teaching English remotely. She thanked me profusely for having pushed her to put teaching as one of the jobs they registered. I see teaching as similar to being a server in a restaurant. In the USA, working in a restaurant was and sometimes still is a way to earn just enough money to survive in time of crisis.</p>



<p>That is why teaching and several other activities should be mentioned. The registrations I do often mention 15 or more jobs. These jobs also need to be part of the business plan. In other words, you need to conceive of your French career in the broadest possible way so that it takes in all the professions. Even if you never do some of them, you should be happy to have these options. They could allow you to grow in new directions paved by this registration.</p>



<p>There can be a significant disconnect between the letters of interest from potential or probable clients that you must put in the file for the prefecture and what you state to be your professional strengths. To use the earlier example, you can state that your best expertise is event planning for American-style corporate communication, even if the majority of your client/potential client letters mention an interest in learning English from you. (You can ask French friends and acquaintances to write the letters, by the way. They are plausible because so many French people want to learn English.) A year later, when you show your billing and there is none as an English teacher, the prefecture will welcome the situation as it shows you are capable of making a living using your main skills. You will never be questioned or criticized because of that.</p>



<p>This brings me to another problem in your presentation. Under the law, the net profit must at least equal the French minimum wage for the administration to issue as well as to renew this immigration status. Therefore, when you apply for the first time for this immigration status, it is exceedingly important to project confidence that you will exceed this mandatory minimum the first year. It is wise to acknowledge that you might only work nine months out of twelve in many professions. On the other hand, it is critical to set your fees at a level that will ensure you exceed 23,000€ in annual sales if you are a<em>&nbsp;profession libérale&nbsp;</em>(consultant, coach, teacher, etc.). An estimate of 40,000€ or more shows confidence and reassures the prefecture. If your business plan states that you expect to make 25,000€ the first year, your request has a greater chance of being denied for being too close to the minimum. You need to find a balance between a professional and sound business plan that exudes confidence and a hunger for success, and figures that are realistic, even if somewhat over-optimistic, at least for the first year.</p>



<p>The prefecture will be happy to validate a four-year<em>&nbsp;carte de séjour&nbsp;</em>on the basis of a file that shows 23,000€ in actual sales even though the business plan mentioned 50,000€ as the first-year target. You will never be forced to explain why your estimate was so far off.</p>



<p>I strongly advise you to go back to your file and your business plan with a view to redoing it all from scratch using this vision.</p>
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<div id="kt-info-box_b6d390-ec" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><strong><em>WHICH VISA TO CHOOSE WHEN THE SPOUSE IS ALREADY IN FRANCE?</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>We are both Americans and my husband already lives and works in France. My employer has a subsidiary in France so they want to send me there as an employee of their French company, holding a visa as a salarié en mission – expat profile, and therefore for a short-term assignment. I am afraid the French administration will find out my husband lives in France and think it is a scam. They could deny the request for such a visa since the mission should actually last a couple of years or more. Indeed I would have lived with him long enough that I would be able to stay exclusively on marriage and living together. I know they will see this as fraud. I believe there is a much better chance of success if the company asks on my behalf for a shorter term immigration status, maybe a year or even less. This way I can go through the procedure called regroupement familial while staying in France. I believe my employer can sponsor the renewal of my passeport talent expat status while we go through a family reunification procedure. Do you think it is the best solution?</em></p></div></a></div>



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<p>I am afraid your reasoning, and therefore the choice you suggest, is completely misguided. I would like to focus on a couple of things initially to illustrate my point.</p>



<p>1. The<em>&nbsp;salarié en mission&nbsp;</em>expat profile visa request is very technical. As long as it meets the guidelines, there is pretty much a 100% chance of it succeeding. I cannot imagine the French administration arguing that this procedure is a fraud if it is done properly. The fact that your husband is already in France would likely never be reviewed, as it has nothing to do with the visa request. Therefore your fear is totally ungrounded.</p>



<p>2. You are going to live in France with him, with an immigration status that can last up to four years on the first application. This gives you enough time to accumulate plenty of proof of living together, which is the critical thing for you to stay in France as his spouse.</p>



<p>3. Whenever the mission is over, however long it takes, the law will force you to leave France, as you lose your right to live in France on this status. The longer it is, the stronger the family life immigration request will be. But even one and half years of living together should secure the lower level status. This seems easy to reach.</p>



<p>4. The family reunification procedure exists so that someone living in France with a stable situation can ask the French administration to review a request to have their spouse join them from another country. The procedure was never meant to apply to a spouse already living in France. When this happens, it always leads to delays, complications and a much higher risk of being refused.</p>



<p>Going with a long-stay visa covering a long mission, and hopefully getting a four-year card, is by far the best solution for you to live with your husband with a good chance of staying in France. You could even have the right to work under the private life status, which carries full rights to work in France. In short, make sure you know where the real dangers are.</p>
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		<title>The Winner Takes It All</title>
		<link>https://www.jeantaquet.com/the-winner-takes-it-all/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Mon, 01 Jun 2020 08:05:55 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[Prefecture]]></category>
		<category><![CDATA[Tax]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2288</guid>

					<description><![CDATA[June 2020 “The Winner Takes It All” is a song by the Swedish pop group ABBA, the first single from its&#160;Super Trouper&#160;album, released on July 21st 1980. My faithful readers might be surprised by this choice, as I am not a real fan of this band with its too often sugary lyrics and disco music. [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>June</em> 2020</em></h5>



<p>“The Winner Takes It All” is a song by the Swedish pop group ABBA, the first single from its<em>&nbsp;Super Trouper&nbsp;</em>album, released on July 21st 1980. My faithful readers might be surprised by this choice, as I am not a real fan of this band with its too often sugary lyrics and disco music.</p>



<p>I like this song quite a lot as it is about the end of a romance. I hear the frustration and pain of the betrayed woman; she lost everything and tried to stay civil about it, and I am not sure the man reacts in the same well-mannered way.</p>



<p>This title (more than the lyrics, I admit) reminds me of an incident that I felt did not get as much media coverage as it deserved. In early May, US Attorney General William Barr was asked by Catherine Herridge of CBS, “When history looks back on this decision, how do you think it will be written?”</p>



<p>“Well,” he replied, “history is written by the winners, so it largely depends on who’s writing the history.”</p>



<p>Sure, in politics it too frequently feels as if the winner takes it all, leaving virtually nothing to the other side. But in a democratic system, the fact that one party wins is not supposed to prevent it from governing for the wellbeing of the entire nation. According to the rules of democracy, the winners cannot take everything, and there are checks and balances to ensure that the minority has sufficient influence so that, in an ideal world, the needs and aspirations of the entire nation are taken into consideration. The USA has for centuries been a model of this because of the way the founding fathers structured its democratic system, with three equal branches of government with the power to rule and to prevent the other branches from becoming too powerful.</p>



<p>Many people describe the policy that is currently being implemented in the USA as an autocratic evolution of the way the current American president and his government rule the country. In other countries, some people see a similar trend in their own government. Indeed many French people think the current president is moving dangerously towards a more autocratic regime.</p>



<p><strong><span style="color:#5182FF" class="color">PREFECTURES ARE REOPENING AT THEIR OWN PACE, AND THE VALIDITY OF THE SIX-MONTH IMMIGRATION ID EXTENSION IS MISUNDERSTOOD</span></strong><br>The French administration is trying to do a good job reopening public services, but when it comes to prefectures and their schedules, the task is enormous and the result confusing, frustrating and highly unreliable. This is in spite of the considerable efforts of the employees.</p>



<p>Since May 11th, prefectures have started to get ready to receive the public and resume some of their activities, although each one seems to have a different schedule.</p>



<p>There are four distinct situations that must be addressed, each requiring different actions:<br>1 &#8211; An appointment was made to pick up the<em>&nbsp;carte de séjour,&nbsp;</em>but then the prefecture shut down. Some prefectures have started to give new appointments to pick up these cards.</p>



<p>2 &#8211; The<em>&nbsp;carte de séjour&nbsp;</em>should be ready by now but the prefecture had not issued an appointment before lockdown. Since the applicant cannot be certain that the card is ready to be picked up, they must wait to receive the date and time of the appointment.</p>



<p>3 &#8211; The<em>&nbsp;titre de séjour&nbsp;</em>(usually the<em>&nbsp;carte de séjour)&nbsp;</em>needed to be renewed and expired during lockdown. The prefecture needs to arrange for the appointment to be made in a special way, as the standard page of the website will not allow it to be done after the day of expiration.</p>



<p>4 &#8211; The<em>&nbsp;titre de séjour&nbsp;</em>needs to be renewed and will expire soon. The prefecture needs to reopen the standard website so that people can make appointments. I am pretty sure the appointments will be much later this year.</p>



<p>The situation that poses the most problems is the third one, as we do not yet know how it will be addressed.</p>



<p>The first cases that need to be discussed involve<em>&nbsp;cartes de séjour, récépissés, visas, autorisations provisoires de séjour&nbsp;</em>and so on that had their validity extended for at least six months. When the system reopens, all those documents will be considered valid and procedures will resume as usual – but only for people who were in France when their immigration status expired; the extension does not apply for people who got stuck out of the country. Therefore, it is extremely important to come back before the immigration status expires. Remember, French citizens and immigrants to France have the right to travel back to France at any time, even when the borders are closed. Anyone in that situation needs to fill out the document called<em>&nbsp;attestation de déplacement international dérogatoire vers la France métropolitaine.</em></p>



<p>While France’s borders remain shut, it is not possible to fly back to France with just an American passport. For people stuck abroad whose immigration status expired during lockdown, the solution is to ask at a French consulate for a<em>&nbsp;visa de retour&nbsp;</em>allowing you to come back. This document is issued to French residents who can prove they maintained their residency in France but exceptional situations prevented them from traveling. It is supposed to be issued quickly and it does not require much paperwork. But the consulate checks with the prefecture about the applicant’s immigration status, so the situation had better be clear. Ideally, an appointment to renew has been secured, so the intention to stay in France is clearly documented. If that is not the case, the intent to continue residing in France can be more difficult to prove.</p>



<p>This link can be used if you have an appointment to pick up the<em>&nbsp;carte de séjour&nbsp;</em>at the Paris prefecture and it was shut on that date:&nbsp;<a href="https://ymlpmail1.com/8fec8hysadaehqjjaxayubalajsew/click.php" target="_blank" rel="noreferrer noopener">www.demarches-simplifiees.fr/commencer/prefecture-de-police-de-paris-rendez-vous-remise-d</a>.</p>



<p>Most prefectures for which I have information state that they will be ready to welcome the public on June 15th, but not for all procedures, and with a new way of receiving the public. The only thing that seems to be standard is that appointment times will be strictly adhered to, with a 15-to 30-minute window to enter. This means the process should be quite lean, without the large crowds we are used to. It should also do away with the usual long waits.</p>



<p>I strongly advise people to check their prefecture’s website regularly so they can act right away. Currently the Parisian prefecture is sending new appointments scheduled in mid-July by postal mail to the people who had appointments in Mid-March. This gives some vague indication as to when one can expect to have the appointment rescheduled. As for people who need to schedule an appointment, I do not know when this will be possible and, it could be as late as January 2021 even if one manages to get in the system shortly after it reopens. If so, this delay will create more problems for many people.</p>



<p><strong><span style="color:#5182FF" class="color">THE PARIS PREFECTURE HAS COME UP WITH AN UNPRECEDENTED SOLUTION: SENDING<em> CARTES DE SEJOUR </em>BY MAIL</span></strong><br>As many activities of the prefecture are linked to national security, there is a permanent desire for control and scrutiny to make sure no one is trying to cheat. That explains why, during the issuance and renewal of immigration status, there are two times when the foreigner must be present: to submit the request and to pick up the physical ID. Few people are aware of the abuse of <em>cartes de séjour </em>common in African communities in France. An undocumented foreigner pays someone who is in France legally to use their<em>carte de séjour </em>to get a job. All the pay slips and credits associated with receiving a salary in France go to the legal holder of the card, but it allows the person illegally in France to earn a living.</p>



<p>Early in May I started hearing that the prefecture would mail out<em>&nbsp;cartes de séjour&nbsp;</em>to foreigners. This solution has several advantages, given COVID-19 and the prefecture’s three-month backlog. The prefecture sends out the usual text message saying that the card is ready, but instead of giving a date and a time to come and pick it up, it says either<em>&nbsp;Votre titre de séjour xxxxxxxx disponible en pref. taxe à payer : 0000 eur. rdv sur site internet pref pol/ressortissants étrangers/envoi postal des titres&nbsp;</em>or the same message with<em>0225 eur,&nbsp;</em>depending on whether a fee is owed. The recipient must go through a couple of clearance steps to make sure the right person is activating the account. The final step is to confirm the mailing address. Then the<em>carte de séjour&nbsp;</em>is sent by registered mail.</p>



<p>This shows that the prefecture is facing unbelievable chaos if it is willing to give up its sacrosanct double presence policy and trust the postal system to check the recipient’s identity. It also shows the ingenuity of the French administration, coming up with an alternative solution that works. I would not be surprised if it is retained, even when everything falls back into place once the pandemic is truly over.</p>



<p>The website is the one mentioned earlier:&nbsp;<a href="https://ymlpmail1.com/8fec8hysadaehqjjaxayubalajsew/click.php" target="_blank" rel="noreferrer noopener">www.demarches-simplifiees.fr/commencer/prefecture-de-police-de-paris-rendez-vous-remise-d</a>.</p>



<p><strong><span style="color:#5182FF" class="color">A ZOOM Q&amp;A WEBINAR FOR EXPATS OCCURRED ON MAY 7th</span></strong><br>In an event sponsored by the Facebook forum American Expats in Paris, the Franco-American lawyer Daniel Tostado and I held a webinar to answer immigration questions. Daniel came up with the idea and we worked on the format. He is my second-in-command for my volunteer activity at the American Church in Paris and this was an attempt to do something for the community, as the activity stopped when the church closed on March 14th.</p>



<p>Chris Mann, a member of our church running a computer ministry, monitored the Zoom session, making sure we could address the issues in an orderly fashion and manage the waiting room. It did not come close to replacing the sessions at the church, but it was an attempt to reach out and we had decent turnout.</p>



<p>The topics covered were visas, residency permits and the like, appointments, extensions, closures, reopenings, and our best speculation as to how the French government would proceed in the months to come. The webinar was recorded and we insisted it be made available to the public. Since it was done during lockdown I can be seen with a sizable beard, which I never wear when my office is open. So, thanks to Chris Mann, it is now on YouTube and my reputation for good grooming could be challenged!</p>



<figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-4-3 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper">
<p class="responsive-video-wrap clr"><iframe title="Immigration Legal Clinic France During COVID-19 (ACP Immigration Ministry)" width="1200" height="900" src="https://www.youtube.com/embed/0R6_0Fs0X-s?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
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<p><span style="color:#000000" class="color">THE INTERNET CONNECTS THE WORLD AND DEHUMANIZES THE SOUL</span><br>After a few months of lockdown, many researchers have started to study the effects of the<em> confinement </em>(forced to stay at home) on people. The findings include significant increases in domestic violence and divorces. We have also seen petty as well as generous action and behavior. So much has been said on this subject and there is bound to be much more to come, but I would like to share an exchange that highlighted an interesting aspect of what was happening.</p>



<p>After 29 years as part of the American Church in Paris congregation, we have seen several pastors come and go. My family has stayed in contact with some of them, even 20 years later. The following was an exchange with one of them.</p>



<p><strong>PASTOR:</strong><br>My 75th birthday was May 4, and E. organized a Zoom meeting with M. and A. and kids. M.’s daughter S. said something that really struck us all: “Funny, we are now living a huge worldwide event that someday in the future will be in the history books and studied by children and adults in school. But we’re actually LIVING this future to-be-studied event right now!” A simple but profound perspective, we thought.</p>



<p><strong>ME:</strong><br>Indeed, there are so many layers in her comment.<br>1 &#8211; It is true that we are connecting with the world and it does not take much to feel close to one another, when we are physically far apart.</p>



<p>2 &#8211; For now – and I believe this will never change – a human being is made of a body and therefore needs to have the presence of another person. In the past generations, people prioritized those who shared their lives. Other people were important as well; our grandparents, parents and I, myself, had significant epistolary exchanges which sometimes led to marriages. In those days, the methods of communication were limited to visits, snailmail, and, more recently, phone calls. The existence of internet should not change this basic principle; the people present with you should have your priority because they share your life, and the others are probably important but fit in between those who are present with you.</p>



<p>3 &#8211; I use social media more and more and I am happy it exists. Facebook has become a tool I communicate with that helps me remember birthdays and where I advise for free on several francophone and anglophone forums. I believe that on some occasions I have managed to make a difference in people’s lives with some good advice. It is also a marketing tool: People see what I answer and contact me later. I welcome this communal aspect of social media. But it can also be a tool used to harm others, enabling some people to destroy reputations and sometimes lives, with rumors.</p>



<p>4 – Lockdown has exacerbated the absurd and way too common situation where people constantly use their phones to publish things to a wide, anonymous audience while sitting with friends, loved ones or family members. The sad reality is that fake Facebook friends can become so important that the real loved ones who are physically close are ignored. How often do we see gatherings where everybody is on their phone as if they were alone in the room? This is wrong. The person you are with should have your main and ideally undivided attention.</p>



<p><strong>***********</strong></p>



<p>This evolution scares me, even if the pandemic may have made people aware that a screen does not bring a body, just an image. That leads me to the topic of working remotely, which surged enormously in France and became widely used in the USA and many other countries. In the past few months I have conducted business meetings with clients via Skype, Zoom and other platforms. Since it was the only way, I was happy to do it, but I miss the personal aspect of such exchanges.</p>



<p>A personal presence clearly changes the dynamic, and I am sensitive to it. Many people complain about feeling uneasy during Zoom meetings. After taking part in a few of them, I got used to it, and Zoom offers a real ability to communicate and exchange. Yet no matter how productive the meetings were, I always came out of them feeling a kind of dryness and coldness that was unrelated to the people I was with but existed because the communication was through a screen.</p>



<p>Some people say that once they got used to it, it stopped bothering them. But that is exactly my point: We are getting used to dehumanization. Having all those internet tools saved many businesses, allowing employees and small business owners to continue to work, and I rejoice that it was possible. At the same time, we saw people getting used to being locked in and enjoying the slower pace, and having more family life. They suddenly had more time for their spouses and children. They tried, sometimes clumsily, to manage work the best they could while putting their priority on the people they lived with. They did not complain much about having to stay inside their home. We also saw people who after one month or less became violent or depressed because they were stuck, and they felt stuck, and social media was not enough.</p>



<p>Of course, there are much bigger problems stemming from the pandemic, including the death toll, rising unemployment and a staggering number of bankruptcies. As is often the case, I like looking at what could be seen as an insignificant detail. I find that it is not.</p>



<p><strong><span style="color:#5182FF" class="color">INCOME TAX WITHHOLDING FOR CLEANERS, TUTORS, ETC.</span></strong><br>Since January 1st 2019, all French employers have had to withhold the amount of money owed for income tax on salaries paid monthly. But one category of employers could not really do that the way the system was initially set up: private individuals employing people at home as tutors for their children, cleaners, nannies and so on. These employers are not equipped to calculate and pay the social charges related to the salary paid.</p>



<p>The program through which such workers are paid, called<em>&nbsp;chèque emploi service universel&nbsp;</em>(CESU), has existed for about 17 years. The French administration, in the form of the URSSAF branch in the city of Saint-Etienne, calculates the amount of social charges owed by the employer and takes that money from the employer’s bank account at the end of the month. That office was not ready to add the tax calculation when all other employers were forced to do it. The government overlooked this problem, and URSSAF was not ready to implement the policy. Later another question was raised: Should the withholding be done on the employer’s bank account or the employee’s?</p>



<p>Finally, in January 2020 (although employers were not informed until about two months later), the amount paid by the employer at the end of the month began including the estimated income tax owed. The form confirming the declaration done online shows three amounts: net salary earned by the employee, amount of income tax estimated, and amount the employer pays the employee before the income tax is taken off. Nearly the same situation exists for people paid through Pajemploi, which is for nannies and other childcare.</p>



<p>While implementing the policy, URSSAF created two new services, called Cesu+ and Pajemploi+. The employer can pay the employee by check, wire transfer, cash, PayPal and maybe more. There are some restrictions as to how much a cash payment can be. With the “plus” service, URSSAF can transfer the net salary directly from the employer’s bank account into the employee’s designated bank account, with prior approval of the employer.</p>



<p><a href="https://www.lemonde.fr/argent/article/2020/01/09/particulier-employeur-et-prelevement-a-la-source-mode-d-emploi_6025254_1657007.html">https://www.lemonde.fr/argent/article/2020/01/09/particulier-employeur-et-prelevement-a-la-source-mode-d-emploi_6025254_1657007.html</a></p>



<p>INFORMATION THAT MUST BE GIVEN TO THE BUYER OF AN APARTMENT IN FRANCE<br>On several occasions, I have mentioned that<em>&nbsp;notaires&nbsp;</em>are obliged to inform both buyer and seller of all consequences of a property purchase. The rights and obligations linked to a property are passed from seller to buyer when the closing is signed. The<em>&nbsp;notaire&nbsp;</em>has a duty to control and therefore inform, which covers many issues. The most obvious is that the seller is the lawful owner and that the title is clear so it is safe to buy the property and live there. Another mission is to make sure the buyer has all the information needed to make the right decision and buy the place for the right price. Sometimes the amount paid to the seller differs from the purchase price if a known liability is attached to the property.</p>



<p>The obligation to repay a loan backed up by a mortgage is obvious, and the<em>notaire&nbsp;</em>rarely neglects this information. But certain more insidious issues are likely to be overlooked by both the<em>&nbsp;notaire&nbsp;</em>and the buyer. One common concealed liability is a lawsuit pending when the property changes hands. If a suit is underway in the middle of the procedure, it is virtually impossible to know the outcome until the court rules. This issue is usually downplayed or ignored because most such cases deal with unpaid condominium charges. In these lawsuits, the unknown costs include the amount of legal fees the co-owners will have to pay, and when the court case will end.</p>



<p>However, when there is a lawsuit concerning matters such as the firing of the<em>gardienne,&nbsp;</em>dealing with a contractor accused of bad construction work, or settling with the city regarding cleaning and maintenance of the facade, the outcome can end up costing the co-owners a lot of money, so it is imperative for the buyer to be properly informed of the risk, and escrow is virtually impossible since the amount per apartment will not be known until the case is settled.</p>



<p>Information of this type must be included in a document called<em>&nbsp;état daté,&nbsp;</em>which the property manager (syndic) issues on request of the<em>&nbsp;notaire.&nbsp;</em>It summarizes all amounts owed by the seller, including unpaid charges and any amount linked to work already voted but not yet paid for. Each is clearly identified, and such items rarely cause problems. The buyer understands that once a contractor starts working, the final cost might be lower or higher than what was voted during the general meeting but what counts is the motion that has been voted.</p>



<p>The<em>&nbsp;état daté&nbsp;</em>must also list all current lawsuits. A ruling by the French Supreme Court, the Cour de Cassation, on June 20th 2019 addresses this issue. A syndic stated in the document that there were issues with the underground parking pending in a court case. Much later the buyer found out that the issues were linked to grossly defective ventilation, in the parking lot as well as in the staircases and common areas, creating a serious health hazard for residents. The syndic claimed the buyer was informed of the existence of the lawsuit, but was found guilty of misrepresentation.</p>



<p>I strongly advise anyone buying an apartment in France to carefully read all minutes of three or more recent annual general meetings and make sure they understand every motion voted on. If necessary, investigate why the motions were on the agenda and voted on. Ideally, you should also read the notification of each general meetings<em>&nbsp;(convocation à l’assemblée générale),&nbsp;</em>as these have much more information than the minutes. In the court case mentioned above, the minutes simply noted approval of a motion to take the contractor to court, but the pre-meeting notification would have included the letter from the co-owners’ lawyer explaining what the case was about, probably along with the expert’s memo listing the problems, and so on – enough information to show much better what was at stake. By law, the seller is only obliged to give the minutes of the three most recent general meetings. This is a great improvement, compared to before, but this above-mentioned court case shows its limits.</p>



<p>For more information on the<em>&nbsp;état date</em>, see&nbsp;<a href="https://ymlpmail1.com/101adhymaraehqjjaoayubaaajsew/click.php">www.lemonde.fr/argent/article/2020/03/21/copropriete-quand-l-acheteur-n-est-pas-informe-des-procedures-judiciaires-en-cours_6033918_1657007.html</a></p>



<p><span style="color:#5182FF" class="color"><strong>SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 17th to AUGUST 24th</strong> </span><br>The office will be closed for one month, starting Friday, July 19th, and will reopen on Monday, August 24th. As always, I will be reachable by e-mail for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.</p>



<p><strong><span style="color:#5182FF" class="color">MY MINOR FEES WILL INCREASE ON SEPTEMBER 1st, 2020</span></strong><br>Handling mail in my office: 40 euros per month<br>Handling mail received at my home: 50 euros per month<br>Surcharge for out-of-the-office meetings: 60 euros which corresponds to less than 30 minutes’ transportation<br>Surcharge for meetings and phone calls at the client&#8217;s request after 7PM weekdays, all weekend and during national French holidays and vacations: 30%.</p>



<p>Best regards,</p>



<div id="kt-info-box_92907f-9c" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/JeanTaquet-2.gif" alt="" width="147" height="132" class="kt-info-box-image wp-image-1932"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



<div id="kt-info-box_3ab103-da" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/signature-1.gif" alt="" width="121" height="35" class="kt-info-box-image wp-image-1933"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><strong><em>PROOF OF ADDRESS FOR THE PREFECTURE</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>In light of the Paris citywide lockdown, will my June visa interview at the prefecture still be on schedule? I was in Paris two weeks before the shutdown, looking for an apartment to rent. But unfortunately, I left before I could secure one, for fear of being locked down in France. So I came back home to the US early, and hope that I can return to Paris again soon. If I cannot find a suitable apartment to rent long term, is it ok to rent one for, say, 3-6 months, just to provide an address for the visa application?</em></p></div></a></div>



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<p>I do not know if the prefecture will be open by the time of your appointment. Prefectures cancelled all meetings with the public when the lockdown went into effect. They will reopen to the public on June 15th. You need to be ready to reschedule, despite the complications. Your file then must be fully ready as the prefecture is currently sending out the new convocations. If your appointment is scheduled after June 15th, then assume that it will take place and be ready for it. I do not know yet how the meeting will take place. You have valid French immigration status as well as American citizenship, therefore, I hope that you can reenter France before your immigration status expires. Then you should have no problem coming back even if there are still some restrictions on entering France, which will only apply to people whose immigration status has expired or are tourists.</p>



<p>The other issue in your question, however, concerns everybody who submits any kind of file to the prefecture: proving where you live. There are basically four situations, each requiring a different set of documents for proof of address.</p>



<p>1 &#8211; You own your primary residence.<br>The complete documentation should comprise the most recent<em>&nbsp;taxe foncière&nbsp;</em>statement, showing that you owned the place until the date of the statement, and one of those, a utility statement or bill less than three months old, as well as an internet provider bill or the most recent bill or statement from the tenant’s insurance company.</p>



<p>2 &#8211; You legally rent, ideally your primary residence.<br>The complete documentation should comprise a copy of the lease, a rent receipt<em>&nbsp;(quittance de loyer)&nbsp;</em>less than three months old and one of the following, a utility statement or bill less than three months old, an internet provider bill or the most recent bill or statement from the tenant’s insurance company.</p>



<p>3 &#8211; You are hosted by someone, either for a real or a fake rental where nothing is in your name.<br>The complete documentation should comprise an affidavit that you lodge with the person, a copy of the person’s ID and a utility statement or bill less than three months old in the person’s name, or one of the documents mentioned above.</p>



<p>4 &#8211; You legally rent an Airbnb kind of place or are in long-term hotel accommodation.<br>The complete documentation should comprise the lease or a contract with the hotel and very recent proof of payment, covering at least three months.</p>



<p>The prefecture may ask you to explain why you do not have longer-term lodging in France. You could say you needed to leave for a couple of months or more and wanted to move out of your old place anyway so you gave notice when you left and thought you would have time to get a new place when you came back before the prefecture appointment, but then France was shut down and you stayed in the USA until it was safe to travel but you had no time to find a long-term rental. This should be pretty close to what actually happened.</p>



<p>There is a third issue: the length of stay in France. The rule is that with<em>&nbsp;visiteur&nbsp;</em>immigration status, the only thing that proves you reside in France is the amount of time you spend in France. That is not true for all types of<em>&nbsp;carte de séjour.&nbsp;</em>In your case, for this particular renewal, this could become an issue. Therefore, the letter explaining your lodging situation should clearly explain how you got stuck outside of France against your will.</p>



<p>The prefecture can easily see the situation by reviewing your bank statements. A normal pattern is that some payments, such as rent, utilities, telephone and internet provider, are made regularly. If in addition they see credit card transactions and ATM withdrawals, they know you were in France that month. In your case, there may be several months with hardly any transactions. That will immediately draw their attention and it requires explanation. The pandemic will explain some of the months you were away, but that will not be enough if you stayed out of France more than six months. So think about how much you can explain without giving the impression that you deserted France for a long time and came back at the last minute. It would be a huge mistake to think the pandemic is your best excuse and the prefecture will accept your request for renewal of your immigration status. You are better off preparing the file as if the pandemic explained little if anything.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>CAN A PREFECTURE LIST BE TRUSTED?</em></h2>



<p>I wanted to thank you for your monthly comments. I always find them informative and, at times, thought-provoking. In your current notice I did find an item where I wanted to offer a comment. Regarding taxes, it is probably worth noting that while there may be no tax due if there were no earnings in France, social charges (CSG/CRDS) may still be assessed, even if the person filing the taxes is not receiving assurance maladie. However, once that is noted, there is the golden lining, so to speak, of now being able to claim the social charges as a US tax credit.</p>



<p>Regarding the note about tax filing being requisite for a 10-year carte de résident, there are many reports of people having been required to show proof of tax filing, but in our own case, we were never asked to provide evidence of tax filing at any point, from the original visa de longue séjour to the carte de résident. Also, the official information pages do not list tax filings as a requirement.</p>



<p>It was obvious to my wife and me that we received better than average treatment during all of our contacts with the French consulate in the US, and at the prefecture here in France. However, I credit some of that preferred treatment to the way we presented ourselves: We spoke only French, we were relaxed, calm, in good humor, we never challenged anything, and where there were questions or issues, we always asked for help and advice.</p>



<p>However, as to the list of detailed documents, I can say that, at least in département 06, there is no published requirement to show the avis d’imposition sur les revenus. Here is a link to the page for renewal of a carte de séjour temporaire. I chose this option since it would assume being present in France for over a year.</p>



<p><a href="http://06.accueil-etrangers.gouv.fr/demande-de-titre-de-sejour/vous-etes-ressortissant-e-non-europeen-ne/vous-etes-ressortissant-e-de-pays-tiers-non-algerien-ne/vous-etes-en-france-vous-avez-deja-un-titre-de-sejour/vous-souhaitez-obtenir-son-renouvellement/pour-l-obtention-d-une-carte-de-sejour-temporaire/article/pour-l-obtention-d-une-carte-de-sejour-temporaire" target="_blank" rel="noreferrer noopener">http://06.accueil-etrangers.gouv.fr/demande-de-titre-de-sejour/vous-etes-ressortissant-e-non-europeen-ne/vous-etes-ressortissant-e-de-pays-tiers-non-algerien-ne/vous-etes-en-france-vous-avez-deja-un-titre-de-sejour/vous-souhaitez-obtenir-son-renouvellement/pour-l-obtention-d-une-carte-de-sejour-temporaire/article/pour-l-obtention-d-une-carte-de-sejour-temporaire</a>.</p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>I checked the list and indeed, you are right, it is not mentioned. Therefore, it could be understood that it is not needed. This understanding would be wrong.</p>



<p>I need to explain the evolution of the prefecture’s way of informing the public. When I started 23 years ago, their lists covered several pages and each addressed a specific case. Therefore, they were easy to read because of the spacing, and more reliable because they were a better listing of the documents needed. Shortly after that I did an exercise with one of those lists, which mentioned only four items. I came up with 17 documents to have a complete file and comply with the requirement. Over the years, the prefecture has made its lists even less complete. It has reached the point where I use lists that are 10 to 15 years old when I explain to my clients what documents are needed.</p>



<p>Also, for a long time each prefecture had a different list and different procedures, though they usually reached the same goal at the end. The Parisian lists included an<em>&nbsp;avis d’imposition sur les revenus&nbsp;</em>as one of the most important documents, even for<em>&nbsp;visiteur&nbsp;</em>status. As it happens, the Paris prefecture and many others systematically let North American citizens get away with not showing the<em>&nbsp;avis&nbsp;</em>and thus do not ask for proof that the foreigner is a French fiscal resident. When you got that level of preferential treatment, you thought it was because of the way you conducted the procedure. I agree you had the exact attitude to make it go smoothly, but what you did not know was that you were missing documents and the prefecture was not applying the regulation to you.</p>



<p>You believe, rightly, that the prefectures trust a well-prepared file, as North Americans are used to organizing their documents this way and there is no reason to suspect them of using fake or forged documents.</p>



<p>Your link is to the Ministry of Interior list of guidelines for prefectures to follow.</p>



<p>When an applicant states that a document was not mentioned on the list, the prefecture responds that it was implied, given what you are being asked to prove. In your case, you must prove you are a French fiscal resident (if you live less than six months in France you cannot get the<em>&nbsp;carte de séjour visiteur)&nbsp;</em>and the<em>&nbsp;avis d’imposition&nbsp;</em>is the only way to do it. You are capable of providing it, and your taxable income is a critical piece of information to evaluate your status.</p>



<p>Last but not least, on the list at the link there is a section mentioning that if there is an affidavit of support, the person must submit the<em>avis d’imposition&nbsp;</em>as the cornerstone of proof that they have the means to provide support. This also indicates the importance the document.</p>



<p>I tell everybody I help that a list from the prefecture cannot be taken at face value. The bigger picture has to be considered! The context is that what is basically a police authority is going to review the file and has every right to verify whatever makes sense considering the situation, even if it was not mentioned.</p>
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		<title>Money for Nothing</title>
		<link>https://www.jeantaquet.com/money-for-nothing/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Fri, 01 May 2020 08:25:25 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[IDEPENDANT]]></category>
		<category><![CDATA[NAVIGO]]></category>
		<category><![CDATA[Prefecture]]></category>
		<category><![CDATA[SMALL BUSINESS]]></category>
		<category><![CDATA[Tax]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2292</guid>

					<description><![CDATA[May 2020 From Wikipedia:““Money for Nothing” is a single by British rock band Dire Straits, taken from their 1985 studio albumBrothers in Arms.&#160;The song&#8217;s lyrics are written from the point of view of two working-class men watching music videos and commenting on what they see.” So many things are happening, especially in the USA, most [&#8230;]]]></description>
										<content:encoded><![CDATA[
<h5 class="wp-block-heading"><em><em>May</em> 2020</em></h5>



<p>From Wikipedia:<br>““Money for Nothing” is a single by British rock band Dire Straits, taken from their 1985 studio album<em>Brothers in Arms.&nbsp;</em>The song&#8217;s lyrics are written from the point of view of two working-class men watching music videos and commenting on what they see.”</p>



<p>So many things are happening, especially in the USA, most likely because it is a federal country and different states have very different policies and they are dealing with the pandemic in very different ways.</p>



<p>As far back as I can remember, the US government has never distributed cash in this way because of an economic crisis.</p>



<p>Congress passed the Coronavirus Aid Relief and Economic Security (CARES) Act, which the president signed into law on March 27th. This was a first; it was a big deal and was widely commented on in the media and in Congress. Many conservatives strongly criticized it. The argument that struck me the most, as a Frenchman, was that it was dangerous, inappropriate, maybe even counterproductive to give out large sums of money just like that because times are hard. For American conservatives, it went against fundamental American values.</p>



<p>There were cash payments (technically, tax credits) for individuals and families. Essentially, an individual earning less than $75,000 a year receives $1,200, and a couple earning less than $150,000 a year receives $2,400. Families also receive $500 per child. Individuals and families making more than that receive reduced amounts, up to certain thresholds. Individuals making more than $99,000 and married couples making more than $198,000 receive no cash payment.</p>



<p>The conservatives see welfare, which includes distributing food stamps and unemployment benefits, as a burden on society. At the same time, they argue for a legal right to use the tax code to one’s benefit.</p>



<p>The theme I heard was that if the federal government gives out too much money and for too long, it will weaken the American spirit of entrepreneurship and the self-made man.</p>



<p>I think in the long run it is cheaper to let the businesses of the country remain open. The best way to do that in an extreme crisis is to make sure poor and middle-class people have enough money to pay for their housing, food and transportation – in other words, the basic necessities of life. A family that is evicted, and therefore homeless, does not pay rent to anyone. A repossessed car sitting in a parking lot does not use gas and does not need parts and oil changes. Many other examples, with details that in the course of a normal life we all take for granted, could illustrate my point.</p>



<p>In September 2009, I raised a similar issue about President Obama’s bailout plan, under the title</p>



<p><strong><span style="color:#5182FF" class="color">HOW MUCH IS A CLUNKER WORTH? </span></strong><br>I was again discussing the type of help being offered. The overall amount was considerably less and targeted only the big three American car manufacturers. Here is what I wrote then:</p>



<p><em>“On one hand, it is clear that subsidies always distort the market and therefore are unfair by their very nature for one reason or another. Furthermore, the negative effects of these subsidies are visible as soon as the programs end because new cars will not sell as well and the sizable drop in sales will hurt the car industry. …<br>The use of the car is so widespread in the USA and the automobile industry has such an impact on the global economy that choosing this controversial way of spending public money is probably the lesser of two evils. Anything that stops or limits the global recession helps the country. Is there a better way to help the American economy? Maybe, but I have no knowledge of anything better. All in all, good news is coming from the employment front and people have started to say that maybe the crisis will soon be over. Can one be related to another? Again some experts disagree about this. What I noticed was that the American nation is starting to believe that the end of the tunnel is near and this is undoubtedly excellent news for everybody, including the rest of the world.”</em></p>



<p>Today I would like to make two very different points. The first is about the French system of subsidies to individuals regardless of the pandemic. Most of the payments are issued by the Caisses d’Allocation Familiales (CAF), a program that originally provided families with financial support during pregnancy and the first three months of a child’s life. The CAF now has 18 programs dealing with four major situations:</p>



<ul class="wp-block-list"><li><em>Petite enfance –&nbsp;</em>infancy</li><li><em>Enfance et jeunesse –&nbsp;</em>childhood and youth</li><li><em>Logement et cadre de vie –&nbsp;</em>housing and living conditions</li><li><em>Solidarité et insertion –&nbsp;</em>solidarity and economic integration</li></ul>



<p>In 2017, the CAF provided payments totaling 73.2 billion euros. Almost half the French population receives some subsidy from the CAF. The French as a nation recognize the need to help certain categories of people. Culturally there is no stigma attached to receiving such subsidies, especially payments other than the<em>Revenu de Solidarité Active, (R.S.A.),&nbsp;</em>which is the equivalent of income assistance. Consequently, the decision to have a stimulus plan somewhat similar to the US one was not criticized, and the French administration knows exactly how to do this. Furthermore, because France has universal health coverage, requirements to wear a mask, get tested or go to a hospital involve little cost to individuals and no one has to wonder how much it will cost, and whether the patient can pay or what services are covered.</p>



<p>My second point concerns the cost of the economy collapsing. There are always those who will criticize any government financial involvement in the private sector and in people’s lives. I understand and respect the fact that this makes perfect sense for a certain type of morals or ethics. The American Republican Party has long held such views. It also favored controlling and limiting public spending, which again makes total sense in that context.</p>



<p>Anyone who works in social services, either as a profession or with a non-profit organization, such as the Salvation Army, quickly realizes how much it costs a country to support people who become homeless and destitute. One consequence is that they are no longer consumers who can sustain the economy with their spending; they have no money because they have no jobs worth talking about. Within just a few days of being evicted, the average person who becomes homeless is broken so severely that it takes years to get them back into normal society. But people who keep their home and receive enough public money that they do not have to worry about being evicted can work on getting a job, sending applications or preparing to launch a new business. When the worst of the crisis is over, they are ready to get back to work regardless of what they do. In terms of just contributing to the IRS and Social Security, subsidizing part of the population for a short period costs relatively little, given how much they will contribute later on.</p>



<p>Thus there is no such thing as “money for nothing” in such situations. The money enables people to keep their dignity and their ability to work and contribute. Maybe instead of rehearsing financial and economic reasons to choose this or that policy, we should ask what it takes to treat a country’s population with respect and understanding of their needs. On several occasions, the US presidential campaign has brought up this issue as a topic of discussion.</p>



<p>Criticizing “Money for nothing” and stating “the state is infringing my constitutional right to freedom” are, to me, two sides of the same coin.</p>



<p>This opens up a new discussion in view of the pandemic that is sweeping the USA. Maybe it is time to put people’s lives first when political decisions are being made.</p>



<p><strong><span style="color:#5182FF" class="color">PREFECTURES REMAIN CLOSED; THE VALIDITY OF FRENCH IMMIGRATION IDs IS EXTENDED FOR SIX MONTHS</span></strong><br>All prefectures in France have been closed since March 17th.<em> Cartes de séjour, récépissés, </em>visas,<em>autorisations provisoires de séjour (APS) </em>and so on that expired or will expire since then have had their validity extended for at least six months. When the system reopens, all those expired documents will be considered valid and procedures will resume as usual.</p>



<p>The extension went into effect on April 22nd in application of Article 16 of the emergency law dealing with the Covid 19 epidemic. So far it concerns all of the following documents that expire(d) between March 16th and May 15th:</p>



<ul class="wp-block-list"><li>long-stay visas</li><li>residence permits (mainly<em>&nbsp;cartes de séjour)&nbsp;</em>except diplomatic ones</li><li><em>carte de séjour RESE « Recherche d’Emploi / création d’Entreprise »&nbsp;</em>previously called student APS<em>Autorisations Provisoires de Séjour</em></li><li><em>récépissés</em></li></ul>



<p><span style="color:#5182FF" class="color"><strong>OVERSTAYING THE SCHENGEN PERIOD BECAUSE OF THE VIRUS</strong> </span><br>I have helped many US citizens who have overstayed the three months they are allowed to be in the Schengen area. They often get fined or have to miss their plane and therefore get stuck for a while in another Schengen country. French officials, especially the Charles de Gaulle Airport police, have always given lenient treatment to US citizens who overstay, even several times. I am sure this leniency will continue in May, as the crisis situation evolves both in France and in destination countries.</p>



<p>Since airlines cancelled almost all flights because so many countries, including France, shut their borders, foreigners with tourist status, whether a short-term visa or visa-free entry, often could not leave France on time. For some, overstaying would have few effects, as mentioned above. But others could run the risk of serious consequences, such as criminal prosecution and being banned from re-entering France for several years.</p>



<p>To avoid this, the Paris prefecture has created an email address where people can ask for an official document a few days before their legal stay ends, allowing them to legally leave France at the end of the lockdown (note that this is specific to the Paris prefecture). The request, sent to&nbsp;<a href="&#109;&#x61;i&#108;&#x74;o&#58;&#x70;p&#x2d;&#x64;&#112;&#x67;-&#115;&#x64;a&#101;&#x70;r&#x6f;&#x6c;&#111;&#x6e;&#x67;&#97;&#x74;i&#111;&#x6e;v&#105;&#x73;a&#x40;&#x69;&#110;&#x74;e&#114;&#x69;e&#117;&#x72;&#46;&#x67;&#x6f;&#117;&#x76;&#x2e;&#102;&#x72;">&#112;&#x70;-&#x64;&#x70;&#103;&#x2d;s&#100;&#x61;&#101;&#x70;r&#111;&#x6c;o&#x6e;g&#97;&#x74;i&#x6f;&#x6e;&#118;&#x69;s&#97;&#x40;&#105;&#x6e;t&#101;&#x72;&#105;&#x65;u&#114;&#x2e;g&#x6f;&#x75;&#118;&#x2e;f&#114;</a>, must include scans of the following documents:</p>



<ul class="wp-block-list"><li>the ID page of the passport and the page that was stamped upon entering France</li><li>if applicable, the C tourist visa issued by a French consulate, expiring in less than a week</li><li>proof of accommodation in Paris (e.g. copy of hotel reception certificate or affidavit of lodging &#8211;<em>attestation d&#8217;accueil)</em></li><li>proof of your difficulty in returning to your country of origin.</li></ul>



<p><strong><span style="color:#5182FF" class="color">FRENCH INCOME TAX: THE TIME TO DECLARE HAS BEGUN</span></strong><br>Regarding the more mundane topic of income tax, I would like to remind everybody that paper versions of the 2019 income declaration must be filed in France by<strong> June 12th 2020 </strong>midnight. The declaration forms are available at <a rel="noreferrer noopener" href="https://ymlpmail1.com/96f76hbyanaehqubagaesearajsew/click.php" target="_blank">www.impots.gouv.fr</a>. You can file your declaration on the same website, unless it is your first time, in which case you must file on paper. To file online, which has been possible since April 20th, you need your tax ID number and some access codes.</p>



<p>Note that if you file online, the deadline is later. The schedule depends on your postal code:</p>



<ul class="wp-block-list"><li><em>départements&nbsp;</em>01 to 19 must file by midnight on June 4th.</li><li><em>départements&nbsp;</em>20 to 49 by June 8th.</li><li><em>départements&nbsp;</em>50 or higher by June 11th.</li></ul>



<p>An important reminder: If you are a French fiscal resident (i.e. if you hold a<em>&nbsp;carte de séjour&nbsp;</em>or an immigration visa validated with an OFII stamp, and comply with the requirements), you must declare your worldwide income to the French authorities even if you have no income in France and do not have the right to work in France. There is no penalty for neglecting to file, but not meeting this obligation is illegal and can have consequences.</p>



<p>You are a French fiscal resident if you:&nbsp;</p>



<ul class="wp-block-list"><li>stay in France 183 days in a calendar year, whether you have legal immigration status or not</li><li>have immediate family members (spouse and/or minor children) living in France</li><li>have a French employer</li><li>run a French business, even something like tutoring schoolchildren in English.</li></ul>



<p>Current government-sponsored advertising campaigns refer to paper forms as thing of the past. For now, declaring electronically gives you an extension of a few weeks.</p>



<p>Some foreigners neglect to declare their worldwide income to France. Some of them hold a student immigration status, and think that this obligation does not apply to them. Some of them hold the<em>&nbsp;‘visiteur’&nbsp;</em>immigration status and think that the prohibition to work included in this status, prevents them from declaring to the French tax office. After all, why declare your income to France when you are prohibited from earning money in France? When they realize their mistake, they wish to file for the last three years as the statute of limitations for this kind of fiscal issue allows it.</p>



<p>What infuriates me is that I have recently seen a trend in which tax offices in the Paris region systematically refuse declarations that they considered too old. Thus, in 2020, one can declare income for 2019, 2018 and 2017. But many of my clients who have tried to declare three years at once have had the filing refused on the grounds that<em>visiteur&nbsp;</em>immigration status, even with proof of a stable long-term address in France, is not enough to be considered a fiscal resident. In one case, the tax inspector took up an entire A4 page detailing why such status could not be accepted for a single American man who had lived in France for a decade. The letter listed all the reasons this client did not fit in but purposefully “forgot” the criterion of staying physically in France for a minimum of 183 days. And yet declarations that are not filed late, even the first ones done on paper, go through the system and create no problem.</p>



<p>Keep in mind that to request a<em>&nbsp;carte de résident,&nbsp;</em>you have to have, among other things, proof of five years of fiscal residence, which requires the<em>&nbsp;avis d’imposition sur le revenu.</em></p>



<p><strong><span style="color:#5182FF" class="color">HOW THE PANDEMIC AFFECTS SCHEDULING OF CO-OWNER GENERAL MEETINGS</span></strong><br>The annual<em> assemblée générale </em>(general meeting) of a<em> copropriété </em>(property co-owners) must be held in order to vote on at least two things: the budget, and the amount the co-owners will pay; and the contract with the<em> syndic </em>(property management firm). Normally the meeting must occur no more than six months after the books are closed. As that generally takes place on December 31st, the meeting must be held by June 30th.</p>



<p>Because of the lockdown, however, many meetings could not be held, so a special regulation has been issued. Any meetings scheduled before March 14th should have been held and thus are not affected, but any meetings scheduled after that date will have been cancelled, and the new regulation applies. The<em>&nbsp;syndic&nbsp;</em>will not be allowed to call the meeting until after the government declares the health emergency over, allowing meetings again.</p>



<p>These two regulations, the ordonnance n° 2020-304 issued on March 25th 2020, then modified by the Ordonnance n° 2020-460 issued on April 22nd 2020, very exceptionally authorized these meetings to be held until the end of this year.</p>



<p><strong><span style="color:#5182FF" class="color">THE NAVIGO PASS WILL BE REIMBURSED IN MAY</span></strong><br>A website will be launched in early May on which holders of the Navigo transportation pass, which costs 75.20 euros a month, can request reimbursement for April and the first part of May. The same will apply for the 37.60-euro senior and ImaginR student passes. Since most employers already pay half the cost of the Navigo, this will boost the spending power of many local residents. The reimbursement will also apply to teleworkers, employees on partial or complete unemployment, and self-employed people who have had to close their business.</p>



<p><a href="https://ymlpmail1.com/13439hhsakaehqubaraeseakajsew/click.php" target="_blank" rel="noreferrer noopener">www.service-public.fr/particuliers/actualites/A14010</a></p>



<p><span style="color:#5182FF" class="color"><strong>GOVERNMENT HELP FOR SMALL BUSINESSES AND INDEPENDENTS</strong> </span><br>As is often the case, the French system takes people’s real financial situation into consideration when deciding what assistance they receive for losses incurred because of the pandemic. This means that to obtain this financial help, independents and small business owners have to fil out a form documenting their financial loss.</p>



<p>Since the conditions are rather complicated, here is a link to a site that explain them:<br><a href="https://ymlpmail1.com/64179hhuadaehqubakaeseanajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.secu-independants.fr/action-sociale/aide-coronavirus/</a></p>



<p><span style="color:#5182FF" class="color"><strong>SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 17th to AUGUST 24th</strong> </span><br>The office will be closed for one month, starting Friday, July 19th, reopening on Monday, August 24th. As always, I will be reachable by e-mail for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.</p>



<p><strong><span style="color:#5182FF" class="color">MY MINOR FEES WILL INCREASE ON SEPTEMBER 1st, 2020</span></strong><br>Handling mail in my office: 40 euros per month<br>Handling mail received at my home: 50 euros per month<br>Surcharge for out-of-the-office meetings: 60 euros which corresponds to less than 30 minutes’ transportation<br>Surcharge for meetings and phone calls at the client&#8217;s request after 7PM weekdays, all weekend and during national French holidays and vacations: 30%.</p>



<p>Best regards,</p>



<div id="kt-info-box_92907f-9c" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/JeanTaquet-2.gif" alt="" width="147" height="132" class="kt-info-box-image wp-image-1932"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>WHEN A NON-PAYING TENANT HAS A GUARANTOR<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I live in the USA and I own an apartment in the 7th. My tenant chosen by the agency has not paid the rent for over six months. My tenant is a young single mother. About a year ago, she asked me to certify her payments for allocations familiales/aide au logement and I signed the form and kept a copy for myself. The owner of the agency met with her last week and confirmed that the tenant does not have the means to pay the rent. The baby and Covid 19 are hurting her business really badly. But I cannot continue hosting them for free! The lease agreement is for a furnished apartment as a primary residence. The debt is now 12,500 euros. At the time of signing the contract in late 2017, I asked for a guarantor and I have documentation relating to a lady who I assume was her employer at the time.<br/>Given this picture of the situation, please clarify: <br/>What is the eviction practice in France in these situations? Approximately how long will it take to get the apartment free again?<br/>What action do you suggest I take against the guarantor? Is the guarantee subject to a time limit?<br/>Is it possible to check the condition of my apartment? (I fear for my paintings and furnishings.)<br/>I need a definitive solution fast, as I need this money.</em></p></div></a></div>



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<h2 class="wp-block-heading">ANSWER</h2>



<p>Your question presents two distinct issues that should be looked at differently. I am almost tempted to say, “Pick your fight: Do you want the apartment back or the rent money?” This is the critical decision you must make right away.</p>



<p>Evicting a non-paying tenant takes about three years in France, as it is actually a double procedure. The first is relatively short: about a year from the time you file with the court to when you get the court decision terminating the lease. The second aspect is a lot trickier, as it deals with protection of the person’s domicile and entails considerable limitations on when and how to evict.</p>



<p>The CAF, which pays the<em>&nbsp;allocations familiales/aide au logement,&nbsp;</em>can pay the subsidy directly to you as the owner. It is a fraction of the full rent but its payment is guaranteed every month.</p>



<p>Since she has a guarantor, it would not take much to force this person to pay with existing collection tools. You would first have to try using the same approach on your tenant, but there is no need to push her too much since she has no money. Your best bet, then, is to hammer at this guarantor as hard as you can to get the situation moving in your interest.</p>



<p>In any case, you are in for a court case and legal fees. The question is whether you go to court to evict the tenant or to get the back rent.</p>



<p>I will address both procedures for your information. The second one costs less, takes less time and should get much better results. As a property owner who needs the money, you are likely more interested in being paid than who lives in the apartment.</p>



<p><strong>1 – Expelling the tenant</strong><br>The standard procedure is that, after the tenant has not paid for two months, you send a<em>&nbsp;huissier&nbsp;</em>(bailiff) to serve an order to pay. It includes a grace period of a further two months to pay the rent owed. For instance, say the rent for January and February is not paid. The<em>huissier&nbsp;</em>serves on March 1st and the grace period lasts until May 1st. If the rent for March and April also is not paid, in early May your lawyer files in court and the<em>&nbsp;huissier&nbsp;</em>now serves the tenant with a court summons and an order to pay the four months owed.</p>



<p>The first hearing is scheduled about five months later, i.e. in early October. Suppose the tenant explains that the financial difficulties caused by the Covid 19 crisis are still difficult to overcome but the future looks better, so she will be able to pay in full. The court approves a schedule of payment and refuses to terminate the lease. If she continues to default on the payments, you go through the same procedure to get a second hearing, where the lease is terminated for good.</p>



<p>The tenant can then ask the court to delay the consequences of this ruling to give her time to find another place to live. If the court approves this request it can allow a delay lasting from three months to three years, depending on the situation.</p>



<p>At the end of this delay, if the tenant is still living in your property, the file goes to the prefecture, as the police are needed to evict the tenant. The team then consists of a police officer, a locksmith and a<em>huissier</em>. But first, social services are asked to do everything they can to keep the tenant from ending up on the street. Only after they give up on finding a solution can the eviction be scheduled – provided the<em>trève hivernale&nbsp;</em>does not come into effect in the meantime! By law, no evictions can occur between November 1st and March 31st.</p>



<p>Now you see why eviction takes three years or more, especially if the tenant is well informed on procedures that delay the outcome.</p>



<p>Be aware that if the owner tries to carry out the eviction personally, it is considered trespassing on private property, which carries a sentence of three years in jail and a fine of 30,000 euros.</p>



<p>Even if you just want to enter your property because you want to see its condition, the tenant can block you or your personal representative from entering, again on grounds that entering their home against their will would be trespassing. There is nothing to gain from trying to visit the apartment, considering what is at stake</p>



<p><strong>2 – Going after the money&nbsp;</strong><br>This procedure starts with the CAF, the organization paying the subsidies. There are two types of payments: 1) the woman was pregnant and from the third month of pregnancy until the child is three months old, the<em>allocation jeune enfant&nbsp;</em>is paid, and 2) a separate subsidy helps poor people pay rent, with the amount depending on their income, the amount of the rent and the size of the family.</p>



<p>You may not have known that the CAF allows the owner to get the money directly rather than having it go through the tenant. To receive the money, you simply notify the CAF and give your French banking information (RIB). Since you kept a copy of the form authorizing the subsidies, you have all the ID information of your tenant with the CAF, and the CAF knows you for the same reason.</p>



<p>The agency clearly has been useless in helping with the situation thus far, but it has the entire file regarding this rental, which means a fair amount of documentation regarding the tenant and guarantor. You will need this information to collect the money owed. The special contract the guarantor signs has provisions that link its validity to the existence of the lease, as well as to the money owed directly or indirectly because of the lease. So it is certain that the guarantor contract can easily be enforced.</p>



<p>Little if anything can be done until the Covid 19 crisis ends. Once that happens, however, you first send a<em>huissier&nbsp;</em>to serve an order to pay. As in the eviction procedure, it includes a two-month grace period. At about the same time, the<em>&nbsp;huissier&nbsp;</em>serves a similar document to the guarantor. If neither has paid by the end of the grace period, you are entitled to ask the<em>&nbsp;huissier&nbsp;</em>to freeze the bank accounts of both people to protect your interests.</p>



<p>If your tenant continues to have little or no money, your hope lies with the guarantor. One critical point is the identity of the guarantor. If she is the tenant’s employer, it will not take much to get the money from the company as part of the tenant’s compensation. Or, if the guarantor is an employee, you can serve her employer and seize a fraction of her salary.</p>



<p>As long as the guarantor’s bank accounts are frozen, she will not be able to use them at all. The lien on the accounts can be lifted in one of two ways. Either the amount of money owed is paid, or there is a filing in court to the effect that the person does not owe the money, which will buy some time. In any case there is bound to be serious discussion between the tenant and guarantor, both of whom have a strong financial interest in either getting your tenant to pay the back rent and start paying the rent on time or, more likely, find a way to move out fast so the guarantor is no longer liable for the amount owed.</p>



<p>Your legal fees will be low, as there is little to do to prepare the court summons. You can easily turn the guarantor’s life into hell using basic collection procedures before and after the court ruling. If the ruling is in your favor, you can have her car repossessed and sold and her bank accounts blocked. Having the court order makes this procedure different as it has more weight. The more you know about the guarantor, the more pressure you can put on her to give her an incentive to fix the situation so the drain of money stops.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>INSURANCE CLAIM WHILE RENTING AN AIRBNB-TYPE PROPERTY</em></h2>



<p>I managed to rent a large studio, through an agency in Paris and I have learned that it is a vacation lease signed with the owner. The reality is that the agency does not manage the lodging. As the middleman, it communicates with the owner, and deals with my numerous grievances. Today I found a small leak behind the faucet of the shower in my bathroom. I let a plumber in and the repair was done in 5 minutes. There was no visible damage to my apartment. There was some damage downstairs. The agency representative asked me to complete the damage report with the downstairs neighbor, and told me that I have had a policy in my name, purchased by them when the lease was issued.</p>



<p>What should I do next? The owner has insurance and the agency has insurance, and they say this policy is in my name. The owner seemed to infer that I do not need to worry about it. It would be a huge issue if I was made to pay for the damage done to the apartment below, because I have no idea what the neighbor downstairs is going to claim.</p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>In this type of case, there are the normal situations and there are the tourist ones.</p>



<p><strong>1 – Normal</strong><br>In France, a<em>&nbsp;multirisques habitation&nbsp;</em>insurance policy is mandatory for the people living in the lodging. A tenant who has a primary residence or, in some cases, secondary residence lease has a legal obligation to be insured in his/her name. The owner or agency asks once a year on the anniversary date of the policy for a statement confirming that the coverage has been renewed. Occasionally the lease states that everything is included in the rent and there is no need to insure the place. If you read the lease carefully, it almost always states that your belongings are not covered by the owner and you are responsible if something happens to the place, including the furniture and appliances. Therefore, you should buy your own policy, even if the lease states that it is a secondary residence: if it is for one year, you are assumed to be responsible for insuring your rental unit. In France such insurance is cheap, and it is often the only way to prove your address with the prefecture so it obviates the problem of reaching the owner or agency to get a recent affidavit of lodging and supporting documents.</p>



<p><strong>2 – Tourist</strong><br>Vacation rentals, summer houses on the beach and so on are insured either by the owner or the agency, preferably both. The guest is liable only for personal wrongdoing, e.g. breaking things intentionally.</p>



<p>In many ways you are in this kind of situation. Nothing is in your name. You are not supposed to stay there long term. Depending on the nature of the leak or other problem, the insurance of either the owner or the agency covers the liability that the tenant normally has. Thus, technically speaking, you should not have tenant liability insurance.</p>



<p><strong>3 – In between</strong><br>As so often happens in France, people find solutions that do not fit inside the box and are done almost unnoticeably, even clandestinely. This is called<em>&nbsp;système D.&nbsp;</em>The letter D stands for a variety of words, but most commonly it is taken to mean<em>&nbsp;débrouille,&nbsp;</em>which can be translated as ingenuity&nbsp;<em>(se débrouiller&nbsp;</em>is to sort things out). When a tourist lease is for a year or so, it is for long-term lodging. This means the owner, the agency or both are cheating in plain sight. When the tenant takes the place, the agency, without saying anything, takes a tenant insurance policy in the renter’s name and the cost of the premium is part of the overall rent without being disaggregated. The statement of coverage may be part of the documents given to the tenant upon moving in, which few read in detail. When there is a need to file a tenant claim, the coverage is revealed and the tenant is asked to file. This can be unsettling, as filling out a French form is never easy, especially in a stressful situation.</p>



<p>From what you wrote, it appears that you are in this third category. Once you overcome the initial shock of finding out about this policy in your name, you can rest assured that nothing will happen to you – as long as you filled out the<em>&nbsp;constat amiable dégâts des eaux&nbsp;</em>(insurance report) correctly, which is a completely different discussion.</p>
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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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		<title>We Shall Overcome</title>
		<link>https://www.jeantaquet.com/we-shall-overcome/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Apr 2020 08:37:58 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[AARO]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[Social Security]]></category>
		<category><![CDATA[Tax]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2296</guid>

					<description><![CDATA[April 2020 From Wikipedia:“ ‘We Shall Overcome’ is a gospel song which became a protest song and a key anthem of the Civil Rights Movement. The song is most commonly attributed as being lyrically descended from “I&#8217;ll Overcome Some Day”, a hymn by Charles Albert Tindley that was first published in 1900.” As I write [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>April </em>2020</em></h5>



<p>From Wikipedia:<br>“ ‘We Shall Overcome’ is a gospel song which became a protest song and a key anthem of the Civil Rights Movement. The song is most commonly attributed as being lyrically descended from “I&#8217;ll Overcome Some Day”, a hymn by Charles Albert Tindley that was first published in 1900.”</p>



<p>As I write this, there is beautiful weather outside, which I cannot take advantage of. The pandemic is sweeping the streets of Paris, as in so many cities in the world. France’s<em>&nbsp;confinement&nbsp;</em>(stay-at-home order) has already lasted nearly two weeks and there is no real end in sight.</p>



<p>I am extremely fortunate to be able to stay in my home, which is cozy and just big enough that I have a corner of a bedroom where I can work at a desk. Much of my work has been done remotely, and thus continues. All meetings in my office and at the prefectures have been canceled, but I have had a few via Skype or just over the phone.</p>



<p>Then there are those people we depend on to go to work in order to fight this illness in hospitals, to keep food stores open or to transport food to these stores. So many people are outside their homes, risking their lives for low paying jobs. I wrote this issue thinking of them, the ones I know personally and all the others. They have a work ethic and they know they need to do their job well, complying with the safety guidelines, when so many patients and clients disregard them.</p>



<p>All together, we shall overcome this pandemic. United, caring about each other’s life and well-being, all of us behaving the same way outside our home, we shall overcome – as the recent and not so recent past has shown, singing this gospel song, living it, believing its message. Right now and probably for weeks to come, if not months, selfishness kills people.</p>



<p>From Wikipedia:<br><em>“The Plague&nbsp;</em>(French:<em>&nbsp;La Peste)&nbsp;</em>is a novel by Albert Camus, published in 1947, that tells the story of a plague sweeping the French Algerian city of Oran. It asks a number of questions relating to the nature of destiny and the human condition. The characters in the book, ranging from doctors to vacationers to fugitives, all help to show the effects the plague has on a populace.”</p>



<p>This would have been the obvious choice as the title of this issue. Everyone is referring to it. The book has become a best seller in many countries. It is indeed the right book to read right now, or to read again. Many need a description they can read or watch, like the movie<em>Contagion,&nbsp;</em>which also has suddenly become extremely popular.</p>



<p>From Wikipedia:<br><em>“Contagion&nbsp;</em>is a 2011 American thriller film directed by Steven Soderbergh. … The plot concerns the spread of a virus transmitted by fomites, attempts by medical researchers and public health officials to identify and contain the disease, the loss of social order in a pandemic, and finally the introduction of a vaccine to halt its spread.”</p>



<p>I far prefer an uplifting message of hope and unity, a message of caring and love to each other. So, we shall overcome.</p>



<p><strong><span style="color:#5182FF" class="color">THE PREFECTURES HAVE SHUT DOWN FOR THE DURATION OF THE<em> CONFINEMENT</em></span></strong><br>The Paris prefecture closed on March 17th and I assume that pretty much all the others in France closed at about the same time for immigration issues. The main consequence of this shutdown is that the validity of<em>cartes de séjour, récépissés, </em>visas, APS and so on that expired starting on that date is being prolonged for at least three months. When the system reopens, all those expired documents will be considered valid and procedures will resume as usual.</p>



<p>The other consequence is bad news for foreigners who had appointments to submit an immigration request or pick up their<em>&nbsp;carte de séjour:&nbsp;</em>They all need to be rescheduled. At this point nothing is being said about how that will be handled. The worst solution for the applicants would be for the prefectures to require everyone to reschedule, primarily through the prefecture websites.</p>



<p>Before the crisis it was already common knowledge that some prefectures’ sites were dysfunctional; the few appointments available were issued at odd hours and gone minutes later. The Parisian prefecture website has only one flaw, that of scheduling appointments months later. I fear there will be an enormous rush when things reopen, which will submerge the system even more. Regardless of how many months the validity is extended, it will likely be insufficient to allow new appointments to be made on time. Little can be done to avoid this situation. If your appointment to submit your file has been canceled, be sure to keep the file up to date so it is always ready to be submitted literally overnight.</p>



<p><strong><span style="color:#5182FF" class="color">MEMORIES POSTED ON THE WALLS OF PRIVATE BUILDINGS IN PARIS</span></strong><br>One morning several weeks ago as I walked up to the building where my office is, I saw a strange paper sign about Jewish children living there during the war who died in an extermination camp.</p>



<p>Bronze plaques on Parisian buildings are so common that I do not pay attention to them anymore. Throughout the centuries that the city has existed, many famous people have lived and died in Paris. But this very cheap A4 poster was saying something different. It was making a poignant reference to a time in French history that the country is ashamed of and that therefore is not as well-known as the Résistance or the days of the Libération when Parisians freed Paris almost completely by themselves.</p>



<p>Tales and historical truth mingle, as so often is the case. I was moved reading the names and ages of these very small children. That was the intent of the Union des Etudiants Juifs de France (UEJF), the French Jewish Student Union. The poster campaign in late January created a fair amount of controversy, with people wondering why someone was stirring up emotions about a historical event that is pretty well known thanks to books and movies like<em>&nbsp;Sarah’s Key</em><br><a href="https://ymlpmail1.com/47a1bhuyazaehwqjafahhhafajsew/click.php" target="_blank" rel="noreferrer noopener">en.wikipedia.org/wiki/Sarah%27s_Key&nbsp;</a></p>



<p>The posters were put up to mark the 75th anniversary of the liberation of the Auschwitz-Birkenau camp. Noémie Madar, president of the UEJF, said of the campaign: “It is about being able to transmit the memory of the Shoah.” One French press account gave this description:</p>



<p>“ ‘Passing by, remember their names’ could be read this Monday morning on the walls of certain districts of the capital. During the night, activists from the French Jewish Student Union stuck about 1,500 posters on building doors in memory of Parisian Jewish children deported during the Holocaust. The UEJF said it based its work on the census taken by the Klarsfeld spouses [Serge and Beate], who listed the names and addresses of the children; these were transposed onto an interactive map by a historian in 2012. Between 1942 and 1944, just over 6,000 children were arrested within the Paris city limits.”</p>



<p>I do not remember the names posted on my building, but I will remember that there were four of them and that Paris, like the rest of France, lived through WWII. Yes, today, when I think of the pandemic going through the streets of Paris, I remember the long lines of children and adults in the Vel’ d’Hiv’ roundup on July 16-17, 1942, arrested not by German soldiers but by French police to be sent to concentration camps.</p>



<p><span style="color:#5182FF" class="color"><strong>MY SUMMERS WORKING IN A WAREHOUSE </strong><br><strong>IN STAMFORD, CT</strong></span><br>I got a lot of my early work experience as a young adult in the USA. In 1980 and 1981, while going to law school in France, I spent three months each summer in the USA, earning enough money during the first part of my stay to travel on Greyhound buses all over the country during the second half. It was hard labor, loading and unloading trailers full of rolls of material. Then I met people on those long bus rides, spending days traveling from New York City to Denver or from Cheyenne, Wyoming, to Birmingham, Alabama. Those two summers and my military academy training are the life experiences, which have molded me the most.</p>



<p>I had two types of coworkers in the warehouse: older men who worked there all year for their living, and younger men, about my age, going to college and earning some or all of their tuition for the year. The work was physically hard and several young men quit.</p>



<p>I see a link between what I experienced then and what is being said now about the student loan situation. Working two months or so in the summer at minimum wage today does not come close to paying a year’s tuition at just about any college in the USA. To cover that cost, a loan is needed to supplement the meager wage earned in the summer. That is one side of the issue that has received a lot of press coverage, and rightly so.</p>



<p>But there is another side I have never read nor heard anything about: the early labor experience of corporate executives. I have admired America for its ability to mingle socially. In those days, even the children of rather wealthy parents would take this kind of job, for many reasons – experiencing independence from their parents, lightening their parents’ financial load, learning what hard labor means, seeing how operations on the ground really work, and so on. Some of these graduates ended up in senior executive positions. I believe that then, much more so than now, in the American business world, business decisions, policy implementation and strategic goals were often informed by personal knowledge of what they would mean to all employees, even those at the lowest level.</p>



<p>“Working hard” are probably the words I heard most often while I was living and working in the USA as an immigrant. I did work as hard as an immigrant is expected to. I believe that resilience and determination to get the job done are often learned from never quitting no matter how much your body aches at the end of the day. That work ethic, the respect earned for the job well done, was recognized by the leadership of the company.</p>



<p>Today, many people are crippled by student loans. Either they can barely meet the monthly payments or they have to declare bankruptcy, thus destroying their credit rating for years and making them something of an outcast in normal society. Meanwhile, those whose parents paid for their studies or who managed to finance their tuition by taking a small loan do not suffer the same consequences. Furthermore – and this is where I see the link – they often do not need or want to work summer jobs. I believe that part of the reason corporations’ monetary value has shifted from their capacity to produce goods and services to shareholder value is their executives’ lack of experience working as young adults at the bottom of the pyramid.</p>



<p><span style="color:#5182FF" class="color"><strong>NEW REQUIREMENT FOR FRENCH NATIONALITY: </strong><br><strong>A WRITTEN TEST</strong></span><br>Applicants for French citizenship must take a test to determine if they have the required mastering of the French language. In recent years the requirement was a level of at least B1 on the Test de Connaissance du Français (TCF). Now this requirement is being upgraded to include a written test. Therefore the “old” certificates, called TCF-ANF (Accès à la Nationalité Française), issued as late as January 2020, are no longer valid starting on April 1st, 2020.</p>



<p>On March 21st 2019, the French Prime Minister stated his wish to make this test significantly more difficult, during a naturalization ceremony he attended at the Pantheon. The new TCF-ANF consists of oral comprehension, written comprehension, written expression and oral expression. As soon as I know exactly what is on the writing tests, I will provide details. Most people find that writing a foreign language is the hardest task, where all errors are the most evident. That is why a section on written French is now included in the test.</p>



<p><strong><span style="color:#5182FF" class="color">FRENCH INCOME TAX: THE TIME TO DECLARE IS ALMOST NOW!</span></strong><br>Regarding the more mundane topic of income tax, I would like to remind everybody that paper versions of the 2019 income declaration must be filed in France by May 14th 2020 midnight. The declaration forms are available at <a rel="noreferrer noopener" href="https://ymlpmail1.com/721b9hesacaehwqjadahhhavajsew/click.php" target="_blank">www.impots.gouv.fr</a>. The very first income declaration to the French tax office must be prepared using the paper form, and the “first time” box on the form called CERFA #2042,<em> “Vous déposez une déclaration pour la première fois Cochez” </em>must be checked. If this is not your first time filing, you can file your declaration on this website starting on April 8th. To do so, you need your tax ID number<em> “numéro fiscal” </em>and some access codes.</p>



<p>Note that if you file online, the deadline is later. The schedule depends on your postal code:</p>



<ul class="wp-block-list"><li><em>départements&nbsp;</em>01 to 19 must file by midnight on May 19th</li><li><em>départements&nbsp;</em>20 to 49 by May 26th</li><li><em>départements&nbsp;</em>50 or higher by June 2nd</li></ul>



<p>I remind everybody that if you are self-employed in France, (often incorrectly called being ‘auto-entrepreneur’) the quarterly declarations sent to URSSAF do not constitute income tax declarations that must be sent to the tax office. I have seen a great many foreigners absolutely convinced that these quarterly declarations were the only fiscal obligation they had. The amount of income tax owed is often low and sometimes zero. The problem comes from the fact that the prefecture demands the income tax bill issued by the tax office called<em>&nbsp;“avis d’imposition sur le revenue”&nbsp;</em>for issuing almost all the immigration statuses. The prefecture can be quite lenient with the<em>“visiteur”,&nbsp;</em>student and expat statuses. For all the others, this document is mandatory. Filing late because the prefecture demands such an<em>&nbsp;“avis”,&nbsp;</em>means that the tax office sometimes issues the<em>&nbsp;“avis d’imposition sur le revenue”&nbsp;</em>six or more months after receiving the declaration. At best it considerably delays the issuance of the new&nbsp;<em>carte de séjour.&nbsp;</em>On occasion, the prefecture is not patient and foreigners lose their immigration status.</p>



<p>The main reasons for the tax office’s slowness are:&nbsp;<br>1 &#8211; the page dedicated to the declaration on the website is not open all year long, so very late declarations must be filled on paper, thereby slowing down the process,<br>2 &#8211; once the tax season has ended, and if no tax is owed, there is no incentive to prepare this<em>&nbsp;“avis”</em>&nbsp;quickly.</p>



<p><strong><span style="color:#5182FF" class="color">MESSAGE FROM AARO REGARDING CARES </span></strong><br>Congress has passed the Coronavirus Aid Relief and Economic Security (CARES) Act and the president has signed it into law. Americans abroad will be interested in understanding the law&#8217;s aid provisions and how they can be accessed. This is a summary of key aid provisions that are or may be relevant to Americans abroad –</p>



<ul class="wp-block-list"><li>Americans abroad who meet the income eligibility criteria (income under $99,000) are entitled to the Recovery Rebate (up to $1,200 payment plus $500 per child).</li><li>Taxpayers who have provided bank account details with their 2018 or 2019 tax filing will likely be receiving payments via direct debit in the next 2-3 weeks, with others likely to be sent checks or debit cards through the mail.</li></ul>



<p>Under the Act, the US Treasury has been provided with flexibility in establishing the aid payment delivery mechanisms. We will be working with our friends on Capitol Hill to understand how the distribution of aid will progress. We will send information to members as soon as we have it.</p>



<p><a href="https://ymlpmail1.com/43adbheuaoaehwqjakahhhaiajsew/click.php" target="_blank" rel="noreferrer noopener">aaro.org/advocacy/taxation-issues/808-americans-abroad-win-big-with-the-coronavirus-relief-law</a></p>



<p>Something similar was issued by the French government but the conditions are a lot more complicated to explain and therefore I have attached the flyer that explains it.<br>Here is the link for the self-employed people.</p>



<p><a href="https://ymlpmail1.com/30b44heearaehwqjazahhhagajsew/click.php" target="_blank" rel="noreferrer noopener">www.secu-independants.fr/action-sociale/aide-coronavirus/?fbclid=IwAR2dBxogsD5uYqEOPbn7hn5dRkkvSlbtwXlUiGJRRF3MfK6eJqIw-CH7PW4#c47596&#8243;</a></p>



<p><strong><span style="color:#5182FF" class="color">SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 17th to AUGUST 24th </span></strong><br>The office will be closed for one month, starting Friday, July 19th, reopening on Monday, August 24th. As always, I will be reachable by e-mail for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.</p>



<p><strong><span style="color:#5182FF" class="color">MY MINOR FEES WILL INCREASE ON SEPTEMBER 1st, 2020</span></strong><br>Handling mail in my office: 40 euros per month<br>Handling mail received at my home: 50 euros per month<br>Surcharge for out-of-the-office meetings: 60 euros which corresponds to less than 30 minutes’ transportation<br>Surcharge for meetings and phone calls at the client&#8217;s request after 7PM weekdays, all weekend and during national French holidays and vacations: 30%</p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>WHICH LAW GOVERNS FRENCH ESTATES?<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am based in Nice and have been in multiple conversations where Americans shared contradictory advice received from different notaires, lawyers and experts. One French notaire wrote a French will so that the deceased’s assets and property in France would be governed by American law and the estate would be settled in the US at lower tax rates, thus “not touched” by France. A top-notch lawyer in Paris with legal qualifications in both the US and France told me that if you are a resident in France, when you pass, the French government allows a 100,000€ distribution to each biological child but after that, they tax worldwide assets, including funds and investments in the US and any real estate, at the French rate of 45%. With electronic transfer, they&#8217;ll find out about the foreign holdings, you cannot “hide” them. Can you tell me who is right?</em></p></div></a></div>



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<h2 class="wp-block-heading">ANSWER</h2>



<p>I could answer that both of them are wrong, but I doubt this is exactly what they said if they are the qualified professionals you say they are. I believe it is more likely that you misunderstood their answers.</p>



<p>Two totally different issues must be understood before any explanation will make sense. Both professionals have explained one side of what happens with an estate made up of both French and American assets. The scenario here is that the foreigner dies as a French resident. For now, and for most of this explanation, I will set aside the definition of “resident,” as it is not clear for many. Without too much generalization, Americans often put more emphasis on their American nationality than on their French residency and expect American law to govern French situations. The caricature is the person saying, “I have an American passport – I have rights” (i.e. “American rights”) while they are living in France.</p>



<p>To answer your question appropriately, I must separate the legal issue from the fiscal issue that such an estate raises. This means starting with the fact the deceased was an American citizen and a French resident.</p>



<p><strong>1 – The legal issue</strong><br>For a long time, any estate that was adjudicated in France because the deceased lived in France was governed by French law; the exception was real estate in other countries, which was governed by the country in which it was located. On July 4th 2012, a European Union law radically changed this. It allowed foreigners living in an EU country to choose to have their estate governed by the law of their nationality and not the law of the country of residence. One reason was so that the entire estate, including real estate in any European country, would be governed by the same law.</p>



<p>This legislation was also adopted by many other Western countries. Consequently, today an American citizen can have a “French will” stating, “I want my American will, held by lawyer XX registered in the state of WW, to govern my entire estate worldwide.” This means the French<em>&nbsp;notaire&nbsp;</em>identified by the “French will” must apply the legislation specific to WW state in accordance with the will held by XX lawyer. The American professional will most likely be instrumental in dealing with the estate and will probably tell the French<em>notaire&nbsp;</em>how to implement the American will.</p>



<p>French law has always severely limited the freedom to bequest, with provisions found in the original Civil Code of 1804 stating that, with no exceptions, it is illegal to disinherit one’s children. Because French law so heavily regulates what a will can do, an American citizen residing in France might want to leave a bequest with little or no limitation, depending on what regulations WW state has.</p>



<p>This explanation addresses the comment of the first professional, the<em>notaire,&nbsp;</em>which you paraphrased in the following way:<br>“the deceased’s assets and property in France would be governed by American law and the estate would be settled in the US.” That is not totally true, but one can easily see how such an understanding is possible.</p>



<p><strong>2 – The fiscal issue</strong><br>One must never forget that a French<em>&nbsp;notaire&nbsp;</em>is handling a French estate and it is taxed according to French fiscal law. After centuries of giving preferential fiscal treatment to the blood descendants and forebears of the deceased, today the surviving spouse or PACSed partner inherits tax free. The children pay taxes, but at the lowest rate. The farther from the direct bloodline an heir is, the higher the tax rate: siblings pay more than children, and nieces and nephews more still. Non-family members are taxed 60% on everything. Furthermore, the<em>&nbsp;notaire&nbsp;</em>often faces a serious legal problem when dealing with trusts, which do not exist in France.</p>



<p>You understood the second professional correctly as saying the French would “tax worldwide assets, including funds and investments in the US” – but misunderstood the part about the tax rate: The 45% rate only applies where a child inherits more than 1,805,677€ – not your average estate! Unlike in American law, the beneficiary of the estate is taxed in France.</p>



<p>I remind you as stating in your question that “the French government allows a 100,000€” exclusion. If there are three children, the amount of 300,000€ is not taxed. Furthermore, with three children, the 45% tax rate then only starts if the net worth of the estate reaches the amount of 3&#215;1,805,677€, which equals to 5,417,031€.</p>



<p>This puts things back in perspective. It would be wise to check exactly what the tax bracket is for each portion so as to more accurately calculate the possible amount of taxes to be paid to France.</p>



<p>Below is a breakdown of the taxation of an estate going to a child or children of the deceased.</p>



<p>First, there is currently a 100,000€ exemption for each child. After that come the brackets for the portion of the estate exceeding 100,000€ per child:</p>



<ul class="wp-block-list"><li>Under 8,072€, 5%.</li><li>Between 8,072 and 12,109€, 10%.</li><li>Between 12,109 and 15,932€, 15%.</li><li>Between 15,932 and 552,324€, 20%.</li><li>Between 552,324 and 902,838€, 30%.</li><li>Between 902,838 and 1,805,677€, 40%.</li><li>Over 1,805,677€, 45%.</li></ul>



<p>There has always been a political and even philosophical debate about the existence of estate taxes, but the fact of the matter is that France has such taxes, even for what many consider a small estate of 100,000€ per child. The USA, meanwhile, has gone a long way toward eliminating estate taxes. France has a reputation for high taxation. One can hear in the expat community that everything is taxed in an obscene way. But I have shown here that when it comes to estate taxes, the tall tales are inaccurate. The French nuclear family gets very preferential treatment, at rates that could be seen as reasonable even by Americans living in France as immigrants.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>THE USE OF THE FRENCH SOCIAL SECURITY NUMBER</em></h2>



<p><em>My daughter, who is European, has worked in Paris in a restaurant for the last six months. She submitted a form asking for a Carte Vitale at the CPAM in the 19th district in October 2019 and has not heard anything back yet. Right now, she cannot work and she will need to fill out a form to apply for unemployment. Her pay slip does not mention a Social Security number. She needs this money really badly and she cannot get it without this number. Which office in Paris deals with Social Security number issuance?</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>I need to explain the normal procedure on how to obtain a Social Security number, since clearly the employer never got it. For employees, the list of documents is a bit different from that for non-working foreigners asking for PUMA coverage, but in many ways the procedure is the same.</p>



<p>1. The employee goes to the nearest branch of the Caisse Primaire d’Assurance Maladie (CPAM), which is part of the division of the French administration called Assurance Maladie, now covering the entire private sector. They submit a file containing their passport,<em>carte de séjour&nbsp;</em>if applicable, birth certificate (officially translated when needed), recent proof of address, a RIB (French bank ID), the work contract and at least one pay slip if it is a full-time position and four if it is part-time. This file starts the registration to obtain national public health coverage, for which the person must prove they are an employee and currently working. At that moment, two different processes start: a) the procedure to obtain the Carte Vitale once the definitive social security number is issued, and b) securing coverage with the creation of the file in the system.</p>



<p>2. In fact, the health coverage starts the day the request is submitted, even though the CPAM does not give you a receipt or any other document showing it has been done. This scares a lot of foreigners, as they feel they cannot prove they submitted their file. They feel that the coverage is not real, that they cannot trust the system unless they have proof in their hands. It can take two months or more for the employee to receive anything in the mail indicating that the process is going on. Even that letter only states that the file has been created and the procedure is in motion; it says nothing about the person being insured. This rarely reassures foreigners.</p>



<p>Two things happen at the same time:<br>a) A letter comes in the mail requesting several documents – including the birth certificate, since the French social security number is almost completely composed of information pertaining to the date and location of birth. Yes, almost always this document is asked for a second time and sometimes many more.</p>



<p>b) A letter comes in the mail giving a temporary social security number. Once it has been issued, the person can be reimbursed for medical bills paid out of pocket, and can use the number at a hospital. Several temporary numbers may be issued before the definitive one comes. The employer can use a temporary number to make sure social charges are paid and are going to the right person, although in my experience, it is better for the employer to use only the definitive one.</p>



<p>3. When it is a foreigner making the request, the definitive social security number often takes a year or more to issue. INSEE (the French national statistics office) checks with the city or state authorities in the place of birth to see if the birth certificate sent is accurate and matches the original in their files. That is why it is critical to properly manage this transition period, which can last a very long time. The foreign authority receiving this request may find it odd at first, and too many times it ends up in the trashcan.</p>



<p>4. During the transition, there are other divisions of the French administration that require a definitive Social Security number. It is easy to see right away whether a number is definitive or temporary. This is how it the number would be constructed for a woman born in the USA. Take, for example, 2 95 04 99 404 xxx xx:</p>



<ul class="wp-block-list"><li>2 is a woman (a man’s number starts with 1).</li><li>95 is 1995, the year of birth.</li><li>04 is the month of birth, i.e. April.</li><li>99 means the person was born outside France.</li><li>404 stands for the USA, the birthplace.</li></ul>



<p>Then come three digits issued by the computer system, followed by two digits called the key, which are the result of a complex mathematical formula. For a woman born in a different country, see&nbsp;<a href="https://ymlpmail1.com/205cehemaiaehwqjaaahhhafajsew/click.php" target="_blank" rel="noreferrer noopener">www.insee.fr/fr/information/2028273</a>, which lists all the codes identifying where a foreigner was born. It displays also the code 99, linked to being born outside of France.</p>



<p>Since the file was submitted about five months ago, your daughter has almost certainly received a couple of letters on which a temporary number is mentioned. She must have received, at the very least, one letter acknowledging that the request is being processed. In the upper left corner of this document there should be a temporary number<em>&nbsp;(numéro provisoire),&nbsp;</em>which is what she should use at Pôle Emploi to apply for unemployment.</p>



<p>One definitive way to know how far along the request has gone is to go to a local branch of the CPAM (rather than the Assurance Maladie website,&nbsp;<a href="https://ymlpmail1.com/9867fhejanaehwqjarahhharajsew/click.php" target="_blank" rel="noreferrer noopener">www.ameli.fr&gt;</a>, where creating an account requires the definitive number). In any case, going to CPAM will enable her to get her current temporary social security number.</p>



<p>Therefore, you two should look through the mail she has received and set aside everything with ASSURANCE MALADIE or CPAM (or both) on the envelope or letterhead. Those should enable you to evaluate how far along the process has gone.</p>



<p>Then, use the most recent temporary number you can find to register online with Pôle Emploi. Assuming it works, you do not need to do anything further.</p>



<p>If the temporary number does not work, print out the form on the Pôle Emploi website and fill it out. Put down the date and location of your birth near the slot for the social security number. Send it in the mail with a short letter explaining the situation.</p>



<p>If you cannot find a temporary number, you put down the date and location of your birth near the slot for the social security number on the Pôle Emploi form as mentioned above. She also needs go to the nearby CPAM branch as soon as possible while taking into consideration the current situation to check on this situation.</p>
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		<title>Don’t fear the reaper</title>
		<link>https://www.jeantaquet.com/don-t-fear-the-reaper/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sun, 01 Mar 2020 08:48:41 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[Bank]]></category>
		<category><![CDATA[Cordon bleu]]></category>
		<category><![CDATA[FRANCE]]></category>
		<category><![CDATA[Invoice]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2300</guid>

					<description><![CDATA[March 2020 From Wikipedia:“(Don&#8217;t Fear) The Reaper” is a song by American rock band Blue Öyster Cult from the band&#8217;s 1976 albumAgents of Fortune. Also from Wikipedia:Death is frequently imagined as a personified force. In some mythologies, a character known as the Grim Reaper causes the victim’s death by coming to collect that person&#8217;s soul. [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>March </em>2020</em></h5>



<p>From Wikipedia:<br>“(Don&#8217;t Fear) The Reaper” is a song by American rock band Blue Öyster Cult from the band&#8217;s 1976 album<em>Agents of Fortune.</em></p>



<p>Also from Wikipedia:<br>Death is frequently imagined as a personified force. In some mythologies, a character known as the Grim Reaper causes the victim’s death by coming to collect that person&#8217;s soul. Other beliefs hold that the Spectre of Death is only a psychopomp, serving to sever the last ties between the soul and the body, and to guide the deceased to the afterlife, without having any control over when or how the victim dies.</p>



<p>I have been listening to Blue Öyster Cult since my first year in high school and probably have most of their albums. I find their music a lot more eclectic than the vast majority of hard-rock bands.</p>



<p>The world is now looking with great fear at the rapid spread of the coronavirus from one country to the next. Those who have some historical perspective might think of the Black Plague, the terrifying bubonic plague pandemic that swept through Asia, Europe and Africa in the 14th century, killing an estimated 50 million people. The term<em>la Grande Faucheuse,&nbsp;</em>French for the Grim Reaper, dates from that time. It has been over a century since the last major pandemic: the Spanish flu at the end of World War I, which lasted from January 1918 to December 1920.</p>



<p>The American presidential campaign is now in full swing, with one pundit or another saying the USA will be doomed if President Trump is reelected or Mr. Sanders or now Mr. Bloomberg becomes president. All this hyperbole sadly corresponds to the current American political debate. To such commentators in the media, I would like to say, “Don’t fear the reaper.” Clearly a lot is at stake when choosing a presidential candidate, but extreme statements do the country no good.</p>



<p>By contrast, some speak of global warming and the accompanying destruction of life in similar terms. In this case, though, showing how scary the situation is and how much worse it will become if nothing is done is the right thing to do, as climate change poses a serious risk that must be addressed: a future with human life wiped off the face of the earth. This said, describing the Reaper harvesting whatever is left, seems excessive to me.</p>



<p>“(Don&#8217;t Fear) The Reaper” is a love song, which I find very interesting. One reason I like the band is that they come up with some interesting twists. In a moment when fear seems to be the prevailing emotion in many countries, we need a message of hope and love, a promise that we can get involved and build a better future.</p>



<p>From the lyrics:<br><em>All our times have come<br>Here but now they&#8217;re gone.<br>Seasons don&#8217;t fear the reaper,<br>Nor do the wind, the sun or the rain.<br>We can be like they are.<br>Come on, baby, don&#8217;t fear the reaper.<br>Baby, take my hand, don&#8217;t fear the reaper.<br>We&#8217;ll be able to fly, don&#8217;t fear the reaper.<br>Baby, I&#8217;m your man.</em></p>



<p><strong><span style="color:#5182FF" class="color">INTERESTING STATISTICS ON FRENCH IMMIGRATION</span></strong><br>In many countries, when the government wants to reduce the immigration flow, more undocumented aliens are expelled from the country and fewer foreigners are granted immigration status. Both liberal and conservative governments can favor increasing or decreasing the immigrant population. Right now in several countries, including the USA, immigration policy is a political issue. President Reagan was strongly in favor of the American tradition of welcoming immigrants. In France, the conservative government of General de Gaulle and his successor, Mr. Pompidou, opened the French borders wide before the rules became much stricter under the Socialist government of President Mitterrand.</p>



<p>In 2019, France increased both the number of immigrants allowed to stay and the number of expulsions. There were 276,576 first-time immigration cards issued, representing a slow but steady increase; in 2015, for instance, around 217,500 new&nbsp;<em>cartes de séjour&nbsp;</em>were issued. The 2019 total included some 31,200 undocumented aliens who obtained the legal right to live in France.</p>



<p>Also last year, 18,900 foreigners were physically expelled from France – a 20% increase from 2018.</p>



<p>I am not sure there is an obvious conclusion to draw from these figures, other than that at the national level the system is working. This statement is not true at the prefecture level, where the procedures are more and more complex. For example, most prefecture websites barely give such basic information as when which office is open to the public and whether procedures need an appointment or not. In other words, it is increasingly difficult to get accurate information, so several trips to the prefecture are often required when one would have been enough if the information were readily available.</p>



<p><a href="https://ymlpmail1.com/8ec05bqwanaehwjyadaujsazajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/societe/article/2020/01/21/en-2019-la-france-a-delivre-un-peu-plus-de-titres-de-sejour-et-expulse-davantage_6026754_3224.html</a></p>



<p><strong><span style="color:#5182FF" class="color">A NEW APPROACH TO UNDOCUMENTED ALIENS LIVING IN FRANCE</span></strong><br>For several months, a radical idea has been under discussion within the French government, although nothing is likely to happen with it for a long time, given the current political climate. Media reports indicate that the government is looking at the situation of undocumented aliens living in France who, under French law, cannot be deported and cannot be regularized yet.</p>



<p>It costs France at the national and local level, a huge amount to pay for hotels, medical expenses and so on for such people. The radical idea is that if they had legal status in France, they would work legally and thus contribute to the national and local budgets, and might even rent in the private sector.</p>



<p>For strictly financial reasons, then, some in government want to change the conditions for regularizing such undocumented aliens so that it could be done sooner and more easily. Politically, implementing such a policy today would be suicidal and the French government has many more pressing issues. But I find it interesting that a conservative policy looking to cut costs reaches a conclusion that is now considered to be liberal.</p>



<p><a href="https://ymlpmail1.com/5fe9ebqqafaehwjyavaujsaaajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/idees/article/2020/01/23/immigration-sortir-les-sans-papiers-de-l-impasse_6026978_3232.html</a></p>



<p><a rel="noreferrer noopener" href="https://ymlpmail1.com/6da88bqyavaehwjyaaaujsazajsew/click.php" target="_blank">www.lemonde.fr/societe/article/2020/01/21/l-hebergement-d-urgence-sature-faute-de-regularisation-de-sans-papiers_6026693_3224.html</a></p>



<p><strong><strong><span style="color:#5182FF" class="color">FEWER BANK LOANS ARE BEING ISSUED IN FRANCE</span></strong></strong><br>For  what many consider to be an excessively long time, interest rates for loans have been much too low and interest earned on saving accounts has been barely above zero. This is a radical way to put people off saving money and forcing them to invest in the economy, especially the stock market. On both sides of the coin, time is money, whether you borrow or invest it. To encourage a more sustainable real estate market and banking industry, the French government has issued guidelines to secure the banking system by increasing its reserves. It has also increased the benchmark interest rate. This has been done while the economy is doing well enough to handle this increase without slowing growth too much.</p>



<p>What we are hearing about the French economy is that there is no bull market or strong and sustained growth in GDP. Hence the government considers it more important to strengthen the banking industry and maybe moderate the real estate market than to protect the current sluggish growth.</p>



<p>This new policy is likely to have an effect on the Parisian real estate market, including lowering the value of some properties.</p>



<p><a rel="noreferrer noopener" href="https://ymlpmail1.com/2c9d4bysaraehwjyazaujsakajsew/click.php" target="_blank">www.lemonde.fr/economie/article/2020/01/21/immobilier-les-banques-durcissent-les-conditions-de-pret_6026677_3234.html</a></p>



<p><strong><span style="color:#5182FF" class="color">CREATING A DATABASE OF BAD FRENCH TENANTS?</span></strong><br>One  often hears tall tales in the expat community about French tenants having more rights than owners when it comes to real estate. The reality is that French tenants are indeed better protected than in many countries. Expulsion of a non-paying tenant can easily take three years, and it is virtually impossible to collect the back rent.</p>



<p>This situation explains why there are so many Airbnb-type rentals in France and why owners and agencies subject prospective tenants to scrutiny that can almost amount to stalking. Since France does not have credit ratings and there is no database of who is a bad payer, French real estate agents are promoting the idea of listing defaulting tenants so it will be a lot more difficult for them to rent with another agency.</p>



<p>By American standards this makes sense and would facilitate everybody’s job. It would allow agencies to rent to people with more peace of mind, while good tenants would have an easier time being approved and have to meet far fewer requirements. The main demand, which is punitive for many expats, is to find a guarantor. This means an individual or corporation joins the tenant in the obligation to pay rent on time. Many foreigners have to ask their bank to act as guarantor.</p>



<p>So much has changed in recent years, especially under President Macron, that I cannot state that the agents’ project will never come to fruition. But gutting the protection of French tenants in this way would face enormous opposition. The first objections have come from the government, which already has enough troubles without adding another big one.</p>



<p>At the same time, common sense says such a database would lower the risk of renting to bad tenants. So although it would be highly unpopular, a bill allowing it is likely to be submitted to the National Assembly and voted on. The real question is how it will take. As we know, it can take decades to get such a project completed in France.</p>



<p><a rel="noreferrer noopener" href="https://ymlpmail1.com/2a15cbyuapaehwjyafaujsavajsew/click.php" target="_blank">www.lemonde.fr/societe/article/2020/01/16/les-agents-immobiliers-envisagent-la-creation-d-un-fichier-des-locataires-mauvais-payeurs_6026037_3224.html</a></p>



<p><br><strong><span style="color:#5182FF" class="color">THE EARLY HISTORY OF THE CORDON BLEU</span></strong><br>In the expat community, the name of this school comes to everybody’s mind when the topic turns to learning French cuisine. Recently a client who had taken courses there insisted it had always been a school but might have started as a restaurant. All one needs to do is go to the website and read the history page. It started out as a magazine, which invited subscribers to take cooking classes.</p>



<p>Here is what the website says about the early days of this adventure, before WWII:</p>



<p>XIX Century<br>Paris, 1895 • French journalist Marthe Distel publishes a culinary magazine, “La Cuisinière Cordon Bleu”. In October, subscribers are invited to the first Le Cordon Bleu cooking classes.&nbsp;<br>1897 • Le Cordon Bleu Paris welcomes its first Russian student.</p>



<p>XX Century<br>1905 • Le Cordon Bleu Paris trains its first Japanese student.&nbsp;<br>1914 • Le Cordon Bleu operates four schools in Paris.&nbsp;<br>1927 • The newspaper « The London Daily Mail » dated November 16 relates a visit to Le Cordon Bleu Paris school.&nbsp;<br>1933 • Rosemary Hume and Dione Lucas, who trained at Le Cordon Bleu Paris under the guidance of Chef Henri-Paul Pellaprat, open the school L’Ecole du Petit Cordon Bleu and the restaurant Au Petit Cordon Bleu in London.&nbsp;<br>1942 • Dione Lucas launches Le Cordon Bleu School and Restaurant in New York. She also authors the bestseller “The Cordon Bleu Cook Book” and becomes the first woman to have a televised cooking show in United States.</p>



<p><a href="https://ymlpmail1.com/62828byeagaehwjyapaujsapajsew/click.php" target="_blank" rel="noreferrer noopener">www.cordonbleu.edu/paris/our-story/en</a></p>



<p>For me this illustrates how old some French businesses are, and how they often started in unusual circumstances.</p>



<p></p>



<p><strong><span style="color:#5182FF" class="color">WRITING A FRENCH INVOICE</span></strong><br>There is a fine line between the desire to protect people and intrusion into people’s freedom. I make this generic and almost philosophical statement to introduce a discussion of the way French invoices must be written to be considered legal. My American clients are surprised when creating proper templates for invoices and receipts is on the agenda for our meeting. They think there is no need for it, and they want to continue doing what they have always done, maybe translating into French if their clients do not speak English.</p>



<p>One thing that should be obvious is that a French invoice should be written in French first and foremost. It can be bilingual if the client is Anglophone, but only the French wording is legal. The invoice must quote an amount in euros; it can indicate how much is expected in a different currency but only the euro amount is considered legal.</p>



<p>Aside from those obvious points, there are other rules that surprise many people:</p>



<ul class="wp-block-list"><li>1 – All French legal documents must have a date and location. The date especially is of huge importance because of the way invoices are issued.</li><li><em>2 – The complete mailing address of the client must be mentioned.</em><em></em></li><li><em>3 – The word facture must always appear, because the way to issue a receipt is to write facture acquittée (bill settled)</em></li><li><em>4 – The name of the business owner or independent professional is mentioned with the business address, and the SIRET number and APE/NAF code must also appear.</em></li><li><em>5 – There must be a libellé (description) of what is being invoiced, which gives details of what the product is, how much it is per unit, how many units are invoiced, and the total. If a teacher charges 40€ an hour and the session was three hours, the total is 120€.</em></li><li><em>6 – There must be a line without TVA (VAT), then what is charged in terms of TVA, then the sum of the two, even when the TVA amount is zero.</em></li><li><em>7 – The obligatory invoice number works like a meter, adding this bill to the previous one. That is why the date is so important, as the numbering must be chronological. This is the simplest way to make sure that the payment received after the invoice is issued does not disappear from the bookkeeping in an attempt at tax cheating.</em></li></ul>



<p>As if all this were not enough, on October 1, 2019, two more obligations took effect:&nbsp;<br>1 – If a purchase order was issued, its number must be mentioned on the invoice.&nbsp;<br>2 – If the billing site of the buyer or the seller is different from the headquarters, then both addresses must be clearly mentioned.</p>



<p>The fine for not complying with these regulations can be as much as 375,000€ for a corporation and 75,000€ for an individual. I am sure many find these amounts out of line with the offense, and wonder how this can be considered to be a serious offense. But look at it from the French administration’s point of view: Omitting or falsifying any of these required items can be an easy way to cheat taxes by hiding income or cost.</p>



<p>Now you see why I always add “French invoice” to the agenda of the meeting in my office either before or after the registration of an independent business with URSSAF, including for auto-entrepreneurs (which are the majority of the cases).</p>



<p><a href="https://ymlpmail1.com/8f061bymagaehwjyataujsaiajsew/click.php" target="_blank" rel="noreferrer noopener">www.flf.fr/actualite/1er-octobre-2019-deux-nouvelles-mentions-obligatoires-sur-les-factures</a></p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>CHOICES OF IMMIGRATION STATUS WHEN RUNNING A BUSINESS<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I run my own business, consulting to big companies, and I manage my portfolio with a very decent return. I would like to continue doing the same in France at the beginning, and maybe later build a company in IT. I can show up to EUR 1.5 million in my own funds, which I will be ready to invest in France.<br/>Our questions are:<br/>1. Do I have a chance to get an entrepreneur/profession libérale visa or passeport talent créateur d’entreprise if we live exclusively on the returns of my own funds? Or do I have a chance if I want to provide consulting to French companies? What is the difference between entrepreneur/profession libérale and passeport talent?<br/>2. In case the above does not work, can I come to France under the visitor VLS-TS, live for two years in France on income from abroad, and convert to entrepreneur/profession libérale or passeport talent when I am ready to start my business? Will we be allowed to do preparation for starting my business while on visitor visas? Will the time under the visitor VLS-TS count towards the five-year naturalization time? Can we convert to entrepreneur/profession libérale or passeport talent quickly (e.g. after five or six months as visitor, if business moves quickly)?<br/>3. If we come to France under the visitor VLS-TS and then our IT business does not start successfully, can we stay under visitor VLS-TS for five years? Is it renewable for five years? Can we get naturalization after five years?<br/>4. If none of that works, is there any other way that could help us achieve our priorities? These priorities are a) live, b) do business, c) get naturalization in France.</em></p></div></a></div>



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<h2 class="wp-block-heading">ANSWER</h2>



<p>Clearly you are not certain of your end project. I understand that the creation of a business does not always lead to success. But to be absolutely certain of staying in France, you need a plan that makes sure you can stay even if your business venture fails.</p>



<p>It is possible to have a strategy once you move to France that requires changing immigration status as you progress further on your project.</p>



<p>I would like to explain some very basic issues so you can see if you meet the requirements and understand the specific things that need to happen.</p>



<p>Let’s start with the most basic thing: an article of the Code de l’Entrée et du Séjour des Étrangers et du Droit d’Asile (CESEDA L313-10 3°), which begins:<br><em>Pour l&#8217;exercice d&#8217;une activité non salariée, économiquement viable et dont il tire des moyens d&#8217;existence suffisants, dans le respect de la législation en vigueur. Elle porte la mention “entrepreneur/ profession libérale”.</em></p>



<p>The requirements stated in this article are limited, so some further explanation is needed once we know the administration’s interpretation of this provision.</p>



<p>1 – It states in very vague terms that non-employee activity must make enough money to live on. That is in effect the official definition of what minimum wage should be. In France, the amount is 14,000€ a year net taxable, i.e. about 22,000€ in sales for self-employed under the MICRO BNC regime. This minimum amount of income – i.e. the minimum wage, or SMIC in French, or the same amount in assets is the absolute minimum required for almost all types of immigration status.</p>



<p>This requirement is not an issue for you, given your assets. The key is to make sure that no matter what happens to your business, it always makes more profit than this.</p>



<p>2 &#8211; The French administration will review your request and accept it if you can prove that you have a French clientele waiting for you and that you have the expertise and professional experience to deliver the services you want to sell. If you do not prove that a French clientele is waiting for you, you have no business reasons to be granted the visa. However, your professional profile shows significant expertise and therefore you should be a good professional consultant.</p>



<p>As for your idea that to begin with, “we live exclusively on the returns of my own funds,” this would be possible only if you hold<em>&nbsp;visiteur&nbsp;</em>immigration status.</p>



<p>Thus you are looking at two radically different scenarios regarding your immigration status.</p>



<ul class="wp-block-list"><li>a) Start with<em>&nbsp;visiteur&nbsp;</em>and when your IT business is up and running you create your activity and change your immigration status.</li><li>b) Start with<em>&nbsp;profession libérale&nbsp;</em>and begin working right away as a consultant. Your acquaintances living in France provide enough letters to prove there is interest in your consulting work. You make sure you always earn at least the annual minimum as noted above. When your IT business is ready to launch, submit a request to change your immigration status to one compatible with the IT project, but also retain your consulting business as a buffer.</li></ul>



<p>3 – The activity must be legal. This seems obvious, but French law defines a lot of jobs that can only be done as an employee, for example, and the same is true for the three types of independent work. Furthermore, many jobs require a French diploma. Thus the question is not just, “Are you qualified?”, which I assume you are, but rather becomes, “Do you have the diploma/license/membership, etc. that authorizes you to start and run such a business?”</p>



<p>The reason I am emphasizing this is your stated intention to start out living on your investments. If you intend to buy and sell equities, it is trading when it reaches a professional level, which I assume you either are at or could easily reach. But once you launch your business, you cannot give any advice about financial investments, money management, banking, investment practices or the like, if indeed you had an interest in sharing your expertise with others. This profession is one of those that are strictly regulated in France.</p>



<p>4 – I am pushing you to have a completely developed business plan mainly because the French administration works best when no changes are made during the procedure. To a certain extent, this is true of French society as a whole. France is notorious for being inflexible in such situations. Consequently you are better off creating a plan that evolves with time while making sure that your immigration status is tailored in such a way that you can grow within it for several years. This is true for<em>&nbsp;profession libérale&nbsp;</em>as well as the corporation you will create for the IT project.</p>



<p>Indeed,<em>&nbsp;profession libérale&nbsp;</em>can evolve from<em>&nbsp;micro</em>&nbsp;BNC to BNC<em>&nbsp;réel simplifée&nbsp;</em>and then<em>&nbsp;réel normal&nbsp;</em>with the same<em>&nbsp;carte de séjour.&nbsp;</em>In other words, there is no rush to launch the IT project for immigration reasons. You can have your consulting activity grow quite large once you have the right immigration status.</p>



<p>For the second step, choosing subcategory 8 of the<em>&nbsp;passeport talent&nbsp;</em>status, which is called<em>&nbsp;mandataire social,&nbsp;</em>offers the same advantage. The corporation created can add or get rid of an activity and can increase or decrease its profit. As long as you remain in charge of the corporation as<em>&nbsp;mandataire social</em>&nbsp;and give a good explanation of what is happening to it, your<em>&nbsp;carte de séjour&nbsp;</em>is never at risk.</p>



<p>My conclusion is that you need a strong business plan covering at least five years, even if the consulate and prefecture only ask for three. That way you can anticipate the transition linked to the change of immigration status and the related change of business.</p>



<p>Now I would like to address some details that are important for making the right decision. Your question shows confusion between two things that in effect have nothing in common:</p>



<p><strong><u>1 – There are categories of work status,</u></strong>&nbsp;which French law defines with a lot of detail. Some of these have existed for centuries or even a millennium. They are:<br><em>&#8211; employee<br>&#8211; profession libérale<br>&#8211; artisan<br>&#8211; commerçant</em><br>&#8211; running a corporation.</p>



<p>2 – There are types of immigration status. Most of these can involve several immigration categories. Some, such as<em>&nbsp;passeport talent,&nbsp;</em>with ten subcategories identified by law, cover all five types of work status. The ten subcategories are:</p>



<ul class="wp-block-list"><li><em>jeunes diplômés qualifiés salariés ou salariés d’une jeune entreprise innovante</em></li><li><em>travailleurs hautement qualifiés (carte bleue européenne)</em></li><li><em>salariés en mission</em></li><li><em>chercheurs</em></li><li><em>créateurs d’entreprise</em></li><li><em>porteurs d’un projet économique innovant</em></li><li><em>investisseurs économiques</em></li><li><em>mandataires sociaux</em></li><li><em>artistes interprètes</em></li><li><em>étrangers ayant une renommée nationale ou internationale (domaine scientifique, littéraire, artistique, intellectuel, éducatif ou sportif).</em></li></ul>



<p>At this point you need to make some basic choices:</p>



<p><strong>1 –&nbsp;<em>Entrepreneur/profession libérale&nbsp;</em></strong>immigration status allows you to start small and gives you room to grow a lot. You would start with a one-year stay, renewed to a four-year card if the profit exceeds 14,000€. At the end of five years you can ask for a<em>&nbsp;carte de resident&nbsp;</em>if you meet certain other requirements.</p>



<p><strong>2 –&nbsp;<em>With passeport talent&nbsp;</em></strong>immigration status you would choose the subcategory<em>&nbsp;mandataires sociaux&nbsp;</em>as you would be creating a corporation. The problem you will run into is that you need to create a French corporation to obtain the immigration status, but having secured your immigration status is a condition for creating the corporation. Resolving this paradox is complicated and cumbersome. Furthermore, you must convince the administration that the corporation is financially sound and can grow as planned. You may have ample financial means of securing financing but you must convince the French administration that the earnings mentioned in your business plan are credible, which can be a lot more difficult. Once you obtain a visa and arrive in France, you should receive a four-year card from the prefecture. But several prefectures have recently stopped issuing four-year cards fairly automatically to<em>passeport talent&nbsp;</em>holders. To have a chance for a four-year card now, your plan must be robust and up to date. Also, keep in mind that&nbsp;<em>entrepreneur/profession libérale&nbsp;</em>grants a four-year stay, a year later but without the hassle.</p>



<p>Regarding the naturalization procedure and its chance of success, five years in France is the minimum requirement. Thus, the<em>&nbsp;carte de résident&nbsp;</em>should be your goal once you have been here five years, as the requirements are much easier.</p>



<p>To sum up, your plan of action should be as follows:<br>1 – Prepare the business plan for a consulting business in France, which could become Plan B when you launch your IT project.&nbsp;<br>2 – Choose the structure and nature of the businesses on which you will base your immigration status, which will determine which visa and then<em>&nbsp;carte de séjour&nbsp;</em>you will get.&nbsp;<br>3 – Once in France, it is urgent both to secure your immigration situation and to start the long process of creating your IT business.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>IS AN INTERN AN EMPLOYEE IN FRANCE?</em></h2>



<p><em>I started as an intern in September. Initially I was working on my tourist visa. I recently graduated with a master’s degree in Paris, and I got an internship visa using a contract from the company and also from my French university.</em></p>



<p><em>The company was horrifically unprofessional. The working hours were flexible, and the two bosses championed the “startup” culture. Initially I was promised housing and 600 euros a month. It didn’t work so I stayed at a co-worker’s family home until I could move on my own. I was told there was another 250 euros that they would take as a subsidy in order to pay for some of the things in my house, which I never got in writing.</em></p>



<p><em>I stayed with my family in Arizona waiting for my visa to be processed. The company paid for my tickets, and I worked remotely. There were many communication and task allocation problems. I reported on my work once a week, but I was also required to have a daily Skype call with the CEO. I was shouted at and scolded. I was even threatened once by the CEO, who told me to stop arguing with him when I was asking for clarification. The delays in the visa were due to improper preparation on their end. Finally, I was flown back to Paris.</em></p>



<p><em>Now that I am in Paris, the verbal abuse in the office has become unbearable. They often call me names and blame things on me unfairly. I reported it to HR several times. It backfired against me. I was scared to go to work on Monday. All of my co-workers can corroborate that the management is harassing me. I do not speak French, and I am very alone without any resources. Help me, please.</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>There are three very different levels of issues and concerns implied by your question but not directly mentioned:</p>



<ul class="wp-block-list"><li>1 – You are an intern, not an employee. But you are describing everything as if you were an employee.</li><li>2 – The French university should be supervising the situation and be informed of what is happening.</li><li>3 – As an intern, you are there to learn and be guided in the professional world. You should not be an employee producing operational work without supervision.</li></ul>



<p>I would define an internship&nbsp;<em>(stage)&nbsp;</em>as a learning process in a work situation in which one acquires professional experience.</p>



<p>French law has strictly codified what an intern can do and what the company’s role is regarding an intern:</p>



<ul class="wp-block-list"><li>An intern cannot produce valuable work for the company without supervision.</li><li>An intern needs an immediate supervisor to coach and teach them.</li><li>An intern needs to report to the supervisor what they are doing to learn and grow in the work environment.</li></ul>



<p>The first thing you should do is look at your daily routine: how do you work and how and to whom do you report your work? If it does not fit the above description, detail and document any deviation and give this record to the school to show how improper the situation is. The university is responsible for what you learn, so it should be notified of any wrongdoing.</p>



<p>The second thing is to identify what should have been reported to the university about your internship. I am not sure the university would see as terribly unlawful the fact that you worked while being on your visa waiver program. But without any immigration status, you were not allowed to work at all. Working remotely on your own is okay if the daily debriefing is coaching and supervising as it complies with the internship guidelines. If it is not the case, this is a clear violation of the internship status.</p>



<p>The fact that the visa took a long time to be issued is probably partly the company’s fault. Asking for or sponsoring a visa request is often quite complex for people who do not do them professionally. I understand the frustration on both sides. Each party blames the other for not doing enough to fix the situation. The fact that you finished a French curriculum without a legal immigration status should have raised some alarms on the part of the company. They appear to have completely underestimated the immigration issue.</p>



<p>A memo at the end of the internship is submitted to the university to be graded as part of the curriculum and it affects your overall average. For that reason alone, the university must be aware of your working conditions. Given how awful your situation is, you must report all this to the university, seeking guidance from the teacher who is assigned to grade you. While a complaint from you might go nowhere, a complaint voiced by your teacher should carry much more weight. The university and the company signed a contract with you. If the internship does not live up to the contract provisions, the school can consider the company liable and there can be consequences.</p>



<p>Some historical background may be useful here. At first interns were seen as a nuisance who drained resources and so they were given the least interesting tasks to do. In these “photocopy machine internships” the very purpose of an internship was ignored and the universities seldom cared.</p>



<p>Then companies realized that young people often had valuable expertise they could use. This addition to the labor force was cheap, as interns either worked for free or received only the<em>&nbsp;indemnité de stage&nbsp;</em>of about 600€ a month. Increasingly, a large portion of a company’s workforce was made up of interns, who were never hired at the end; instead, a new crew of interns came aboard. Supervision, learning and coaching were largely absent. Universities and schools were not accountable for the situation, seeing it as an easy way to earn money by charging tuition for zero education.</p>



<p>Then law 2009-1437 was passed on November 24, 2009. It imposed serious liability on the employer and the school. For the first time, the employer became accountable to the school for any wrongdoing. The law required the intern to be a real student: the internship now can only take place in the middle or at the end of the curriculum and must be graded. Interns finally gained significant leverage over the employer because they could go to the school if things went wrong.</p>



<p>There may also have been some common cultural misunderstandings at play here. A French employee is by definition a subordinate, following the<em>&nbsp;lien de subordination,&nbsp;</em>and an intern is even more obliged to obey the employer. A French employer thus might easily see a genuine request for clarification, explanation or information as a challenge to their legal authority. What is more, French employers are often frank and earnest, which can come across as brutal and condescending. Foreigners often qualify the manner in which their employers address them as “shouting”.</p>



<p>Because of this, on top of everything else, I strongly advise you to arrange for a serious, in-depth debriefing with your teacher. Under French law, there may not be as much horrific wrongdoing as you think. In any case, let the school act on your behalf. If nothing happens, and you think you are still experiencing harassment and violation of the contract, seek outside counsel. The best thing might be to find another company at which to do your internship, and chalk up this painful situation as a learning experience.</p>
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		<title>There is a war</title>
		<link>https://www.jeantaquet.com/there-is-a-war/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sat, 01 Feb 2020 09:04:03 +0000</pubDate>
				<category><![CDATA[2020]]></category>
		<category><![CDATA[C.R.E.]]></category>
		<category><![CDATA[STIKES]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2304</guid>

					<description><![CDATA[February 2020 New Skin for the Old Ceremony&#160;(1974) is the fourth studio album by Leonard Cohen. “There Is a War” is the first song on side two. There is a war between the rich and poor,A war between the man and the woman.There is a war between the ones who say there is a warAnd [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>February  </em>2020</em></h5>



<p><em>New Skin for the Old Ceremony&nbsp;</em>(1974) is the fourth studio album by Leonard Cohen. “There Is a War” is the first song on side two.</p>



<p>There is a war between the rich and poor,<br>A war between the man and the woman.<br>There is a war between the ones who say there is a war<br>And the ones who say that there isn&#8217;t.&nbsp;<br>Why don&#8217;t you come on back to the war, that&#8217;s right, get in it.&nbsp;<br>Why don&#8217;t you come on back to the war, it&#8217;s just beginning.&nbsp;<br>Well I live here with a woman and a child,&nbsp;<br>The situation makes me kind of nervous.&nbsp;<br>Yes, I rise up from her arms, she says, “I guess you call this love.”&nbsp;<br>I call it service.&nbsp;<br>Why don&#8217;t you come on back to the war, don’t be a tourist,&nbsp;<br>Why don&#8217;t you come on back to the war, before it hurts us.&nbsp;<br>Why don&#8217;t you come on back to the war, let&#8217;s all get nervous.&nbsp;<br>You cannot stand what I&#8217;ve become,&nbsp;<br>You much prefer the gentleman I was before.&nbsp;<br>I was so easy to defeat, I was so easy to control,&nbsp;<br>I didn&#8217;t even know there was a war.&nbsp;<br>Why don&#8217;t you come on back to the war, don&#8217;t be embarrassed.&nbsp;<br>Why don&#8217;t you come on back to the war, you can still get married.&nbsp;<br>There is a war between the rich and poor,&nbsp;<br>A war between the man and the woman.&nbsp;<br>There is a war between the left and right,&nbsp;<br>A war between the black and white,&nbsp;<br>A war between the odd and the even.&nbsp;<br>Why don&#8217;t you come on back to the war, pick up your tiny burden.&nbsp;<br>Why don&#8217;t you come on back to the war, let&#8217;s all get even.&nbsp;<br>Why don&#8217;t you come on back to the war, can&#8217;t you hear me speaking?</p>



<p><strong>First of all, I would like to wish all of you a very happy and prosperous 2020!</strong>&nbsp;<br>French custom dictates that New Year’s wishes can be expressed until the end of January,&nbsp;<br>so I have managed it a few hours before the deadline.</p>



<p><strong><span style="color:#5182FF" class="color">WHICH WAR, AGAINST WHOM?</span></strong><br>From Wikipedia<br>The word “war” is now so misused that it rarely describes a military conflict between two or more countries. Today, in all the countries I am familiar with, almost all cases of opposing interests expressed forcefully are called wars. The fact that disagreements within the population of a country are described as a desire to annihilate the other side illustrates the extreme polarization of society. Yet several countries, including the USA and France, have actual military personnel deployed in places where they have to fight enemy forces.</p>



<p>I find it striking that, 46 years ago, Leonard Cohen was able to describe so vividly and accurately the situation many countries now face. Extremely violent demonstrations occurred in many countries in 2019 and some are continuing in 2020. France is one of the countries affected. Even as I write this, a massive strike is under way, involving multiple demonstrations.</p>



<p>Each side is expressing sadness about the situation and asking for changes, which are not coming. The division seems to grow ever wider.</p>



<p>People can isolate one topic, one procedure, one reform and decide who is right and who is wrong. I chose this title when it appeared there could be a military conflict between the USA and Iran. The risk then was a real war.</p>



<p>Many of us have New Year’s resolutions; the vast majority of people long for a more peaceful life, some security, a stable job, a secure home. At the same, many are calling the population to get involved, to become militant because what is at stake is too important to stand by and do nothing. In short this means taking a stand and fight for it.</p>



<p>Leonard Cohen’s song states “I was so easy to defeat, I was so easy to control,” and concludes, “Can&#8217;t you hear me speaking?” Sad ending, given the current lack of dialogue.</p>



<p><span style="color:#5182FF" class="color"><strong>THE STRIKES AND PENSION REFORM</strong> </span><br>The strikes over pension reform that until recently crippled French public transport started on December 5. The world got wind of the situation and followed the events closely. There are many reasons international journalists covered the story. Tourists were stranded at airports and could not get into their destination cities. The traffic jams in Paris were spectacular, lasting pretty much the entire day. Flocks of people walked for hours, traveling to their offices and meetings. Increased numbers of bicycles and scooter riders, coming out of nowhere, invaded the streets and sidewalks as their dedicated lanes became too small for the unforeseen level of traffic.</p>



<p>That was what could be witnessed daily and was easy to show on TV. It made for striking broadcasts and good ratings. But such obvious effects of the strike say nothing about why it happened.</p>



<p>As in many countries, the media in France is politically biased. Conservative news sources describe the country’s retirement system as favoring some professions so much that it is unfair to the rest of the population. Liberal sources describe the proposed reform as causing a significant loss of income for everyone and thus see the strikes as protecting the interests of the entire populace, not just certain people fighting for their own interest.</p>



<p>Without boring you with technical details or taking sides, explaining a few points should make it easy for you to understand the real reasons for the strikes.</p>



<p>Because the French administrative system tried to tailor services to the needs of the public, France ended up with 42 retirement plans. All the special ones predate WWII; the first ones were created in late 19th century. One was that of the<em>&nbsp;cheminots&nbsp;</em>or railway workers. This is the main one being fought so hard right now. It would be easy to narrow down this debate to the confrontation between employees of the public transport system (SNCF and RATP) and the government. But the police, lawyers, French opera companies and firefighters are also unhappy about the reform. When they expressed their opposition very strongly, the government soon backtracked.</p>



<p>Working at the SNCF, the national rail company, used to be very hard, and the<em>&nbsp;cheminots&nbsp;</em>managed to get benefits to match. Today everything is electric; the former kind of hard work, such as operating coal engines, does not exist anymore. Does that mean they have an easier job than the rest of the population? Many jobs in France are just as hard and some even worse: would it be fair to recognize that? This is where the dialogue is going nowhere. Over the years there have been several attempts to look at the physical toll jobs take on the employees so as to find a way to compensate this, especially at retirement age. Such efforts never go anywhere. The end result would be to give more to worn-out employees when they retire, without increasing the payments into their pension plan.</p>



<p>What is happening now is a fight between what I would call an American viewpoint and the French traditional viewpoint. The former envisions the same social security system for everybody, with employers addressing factors specific to certain jobs. The latter holds that the public system must be fair, that this means it is not equal, and that French employers cannot be trusted to protect their employees’ rights.</p>



<p>What I fear is that, as happened in 1995, when similar strikes were held over the very same issue, this needed reform will be abandoned altogether and buried for another decade or more. But I am just as afraid that the reform will go through the legislative process with no transparency about the issues the strikers rightfully raised. Clearly there is a need to streamline the pension system, but it is just as clear that there should be ways to address the hardship of some jobs.</p>



<p>To sum up: If you take away benefits without compensation, offering nothing in exchange, and the government treats people with contempt, they have every reason to be angry and chances are they will express their anger forcefully and loudly. Since December 5 this is what has been happening, and French residents, especially those in Paris, have had to deal with the consequences.</p>



<p><a href="https://ymlpmail1.com/212c3bhwakaehwubadajmwatajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/societe/video/2019/12/29/regimes-speciaux-pourquoi-le-systeme-de-retraite-francais-est-si-complexe_6024332_3224.html</a></p>



<p><a href="https://ymlpmail1.com/2bf2cbhqakaehwubazajmwaoajsew/click.php" target="_blank" rel="noreferrer noopener">www.nytimes.com/2019/12/17/world/europe/france-pension-protests.html</a></p>



<p><strong><span style="color:#5182FF" class="color">THE MACRON REFORM IS BROADER THAN PEOPLE THINK</span></strong><br>The section above addresses the origins of the strikes that have crippled France, and especially the Paris region, since early December. This section is about the other side of the streamlining of the French administration reform, which is health coverage reform.</p>



<p>Because of the way labor has been organized since the early 17th century under Louis XIV, the administration has created specific systems for each type of work when it comes to health coverage and retirement funds. Over the years, since long before Emmanuel Macron was elected, the health coverage and retirement systems have slowly been merged, but they always follow the division of labor between the merchants<em>&nbsp;(commerçants),&nbsp;</em>craftspeople<em>&nbsp;(artisans)&nbsp;</em>and professionals&nbsp;<em>(professions libérales).</em></p>



<p>Since his election, President Macron has pushed forcefully on both the health coverage and retirement sides. The steps taken regarding health coverage had be completed by January 20, 2020, when the merger of the Sécurité Sociale des Travailleurs Indépendants (ex-RSI) with the Caisse Primaire d&#8217;Assurance Maladie (CPAM). So now there is one organization left covering the entire French population.</p>



<p>I could expand a great deal about this, but I would like to focus on just a couple of issues that I believe may shed light on the bigger picture.</p>



<p>CPAM has always been the best in terms of coverage and efficiency. No one has complained about the merger upgrading the overall level of service, so this reform has been out of the spotlight, including in the French media. By contrast, in the pension reform, the proposed consolidated system offers lower benefits than either the special regimes or the existing generic one.</p>



<p>Even though the pension reform is needed and will secure the system for the generations to come, it is clear that lowering the service level for everybody, without offering compensation of any kind, can only anger the people affected. There probably would have been little if any opposition to the retirement reform if it had been done the same way as the health coverage one.</p>



<p>In the health reform, people formerly covered by RSI as independents need to update the data on their Carte Vitale as soon as possible so it can be used by the medical profession and ensure continued coverage by the system.</p>



<p>Pharmacies and CPAM branches have the machines that can update the Carte Vitale. This will not change the link with your<em>&nbsp;mutuelle.</em></p>



<p><strong><span style="color:#5182FF" class="color">RECRUITING FOR THE WEDNESDAY SESSION AT ACP</span></strong><br>Since 2003, I have run what is now called the Immigration Clinic (IC, formerly the refugee ministry). It is under the Mission Outreach Committee, the social service arm of the American Church in Paris. The sessions are held at the church every other Wednesday from 5:30PM to 7:30PM except in July and August.</p>



<p>In 2019, our team lost three members, so we need a few new volunteers. There are two teams, one led by a lawyer, Daniel, and the other by myself, with at least one assistant for each of us. The assistant does not need legal background or expertise in French immigration procedures.</p>



<p>But since we often deal with people in difficult situations who may be emotional and scared, the members of our team do need solid experience working with the homeless, refugees, domestic violence victims, drug abuse victims and the like, in order to be able to handle moments of crisis. Please contact me directly if you are interested.</p>



<p><a href="https://ymlpmail1.com/4e3b4bhyaiaehwubaaajmwanajsew/click.php" target="_blank" rel="noreferrer noopener">www.acparis.org/worship-mission-63276/mission-outreach/missions-in-our-community</a></p>



<p><strong><span style="color:#5182FF" class="color">THE DEFINITIVE CLOSING OF THE GAITE (C.R.E.) THE <em>CENTRE DE RÉCEPTION DES ÉTRANGERS</em></span></strong><br>The C.R.E., the<em> centre de réception des étrangers </em>is a branch of the central office of the prefecture de police de Paris. There are two in Paris and exist to provide immigration services. The office located on the south side of Paris was hosted by the general police station (Commissariat Central) of the 14th arrondissement. It was the last one in need of a complete makeover. On January 21st, I learned the hard way that it had moved to a different location. I showed up with a client on that very day at 2PM and discovered that it had been moved to 42 Rue Charcot, 75013 Paris. There it is hosted by the French equivalent of the Department of Motor Vehicles (DMV), where the titles of cars are issued. Practical information &#8211; RER / Métro : Bibliothèque François Mitterrand (RER C, ligne 14) or Chevaleret (ligne 6). The opening hours are 8:35 – 4:30 pm Monday through Thursday and 8:35 – 4:00 pm on Friday.</p>



<p>For the vast majority of those in need of immigration services, this is the place to go to obtain a&nbsp;<em>récépissé,&nbsp;</em>which is necessary in order to maintain legal residency while waiting for the appointment to renew the immigration status, whether that involves keeping the current status or changing to another one. It is also where undocumented aliens<em>&nbsp;(les sans-papiers)&nbsp;</em>first go to submit their initial request in the hope of getting an appointment at the central office in the Cité headquarters and submit once and for all the request to obtain a legal immigration status. As a result, early risers can see a lengthy line of applicants at the entrance quite early in the morning, long before opening hours.</p>



<p>Best regards,</p>



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<p>Although many would think it obvious that this is wrong, I would like to put it in a French context. I have no intention of absolving this client, but I believe you need to understand what is why it happened and how to protect yourself from it happening again.</p>



<p>The error is obvious: the accountant is treating you as an employee and not as a contractor, i.e., an independent person who runs their own business.</p>



<p>Especially since WWII, French labor law has been changed repeatedly to ensure that employees are paid at the end of the month for the time spent at work. Being paid by performance alone is not legal. Everybody is paid at least minimum wage, after which an employee can earn commissions, profit-sharing, bonuses and so on. The logic is clear: the salary is first and foremost linked to time spent working. Therefore everything related to the salary is prorated according to time spent, and by the same reasoning, bonuses, commissions, profit-sharing and the like are calculated the same way.</p>



<p>On the other hand, independents are paid for work done. It is obvious when you think of a mechanic, a plumber or a baker. There might be issues regarding how long it takes and one could charge penalties if the work is not done according to the terms of the contract, as is often the case with contractors. But you are paying for a service. You want to get what you are owed, which is linked to work performed.</p>



<p>You are charging a daily rate. It is pretty obvious that if you work one day less in a given month, that part of the compensation needs to be adjusted according to your fee policy. As an independent contractor with compensation linked to achieving a goal, however, you are entitled to the full bonus because it is linked to successful performance.</p>



<p>While it is possible that the client acted in bad faith, there is another aspect of the situation to consider. There used to be a huge dichotomy between salaried employees, who were thought of as good people, and independents, who were considered bad: it was assumed that they cheated their clients and the tax collector.</p>



<p>In 2009, President Nicolas Sarkozy fulfilled a campaign promise by creating the<em>&nbsp;auto-entrepreneur&nbsp;</em>status. It enabled employees to run their own business on the side so as to earn more money and work more hours than the 35 hours a week that employees were allowed. Thus, for the last ten years, the wall dividing good employees from bad independents slowly but surely crumbled. Today it feels like almost everyone has a job on the side, when they have not chosen to be independent altogether.</p>



<p>Another factor is that French employers have laid off huge numbers of employees and replaced them with independents registered as<em>&nbsp;auto-entrepreneurs,&nbsp;</em>to the point that French HR offices tend to treat new independents as what they really are – “employees,” according to French law, which defines employment in accordance with<em>&nbsp;le lien de subordination.&nbsp;</em>(Check the February 2018 issue for further details.)<br><a href="https://ymlpmail1.com/944f5bwsavaehwubagajmwapajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.jeantaquet.com/out-with-the-old-in-with-the-new/</a></p>



<p>I am just trying to illustrate this evolution, which could explain why you got cheated. The solution could be to have a template contract that strongly underlines the independent nature of the contract and distinguishes between performance compensation and everything else. It would make clear that if you meet the objective, the money is owed.</p>



<p>You should reread your contract with this explanation in mind, and avoid language that even vaguely refers to anything resembling employee status.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>WHERE TO BUY REAL ESTATE IN PARIS</em></h2>



<p><em>I’m wondering if there are certain arrondissements I should stay away from because you feel them to be unsafe? I know this may be a very broad generalization because there may be large sections that are dangerous in each. The maps on the websites for apartment location are so broad it is impossible to pinpoint where they are. I got lucky on the one I had the address for. I was told to stay away from the Barbès area in the 18th!</em></p>
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<p>The answer to this common question depends on who is answering and who is asking. Many foreigners, especially North Americans, have a hard time realizing that Paris and many other major cities in France were initially built by the Romans and have over 2,000 years of history, so there are almost no square blocks and none are the same size.</p>



<p>I believe that in order to properly buy real estate in Paris, one should study the history, starting with the French Revolution (1789), to evaluate the atmosphere the location had then and how it has evolved up to today. You might think that is excessive and knowing what are currently the so-called right locations is enough. But my point is, how does one define “right location” in Paris?</p>



<p>Let’s start with two different statements that are both true. It all depends on what these statements mean to you.</p>



<p>1 – All 20 arrondissements have residential neighborhoods and you should not rule out any of them.<br>2 – All 20 districts have bad/unfriendly neighborhoods that you must stay away from, depending on what you are looking for.</p>



<p>One thing to bear in mind is that the arrondissements are numbered in a snail pattern starting with the first in the center of Paris. So the number does not indicate any kind of hierarchy.</p>



<p>Next, what do you define “unsafe”? In other words, what is your basis of comparison? Just considering crime statistics, the New-York city is about as dangerous as Paris. What am I supposed to evaluate here?</p>



<p>Bearing that in mind, and understanding that this is a very imprecise description, here is the list of locations I would not want to live in, from outer to inner arrondissements.</p>



<p>17th – the northeastern part of Paris, north of Batignolles<br>18th – everything except Montmartre, including the southern part, which is a red-light district with the Moulin Rouge<br>19th &#8211; everything except the area around the Buttes-Chaumont park and the Mouzaïa quarter with its individual houses<br>20th &#8211; most of it except along the border with 11th around Pere Lachaise cemetery; the southern part is better than the northern side<br>12th &#8211; along the périphérique<br>13th – all of Chinatown, south of Place d’Italie<br>14th – along the périphérique<br>10th – the eastern side of Gare de l’Est and the western side of Gare du Nord all the way to the Barbès district, as well as around the Chateau d’Eau metro near the mairie<br>9th – the northern edge with the Pigalle red-light district<br>1st &amp; 4th – the Les Halles and Beaubourg areas<br>2nd &#8211; around rue St Denis, some of which is still a red-light district.</p>



<p>This is still very vague; a better analysis would be refined even more depending on your personal tastes, as well as whether the property will be for your use as a primary residence or short-stay pied-à-terre and whether you intend to rent it out or keep it for yourself.</p>



<p>Many websites just use the postal code, which is little help unless you want to buy only to serve tourists who would be renting your place on Airbnb.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>THE BEST IMMIGRATION STATUS FOR RUNNING A BUSINESS IN TWO COUNTRIES</em></h2>



<p><em>I am currently in Paris for work but on a tourist 90/180 visa from the USA. I have my own business in the USA, but my press office and sales team are based in Paris. I know I will need to return to the States before the end of 90 days but return before the next 90 day period of the 180 is completed (I have to be back in Paris very soon). I have been working between Paris and NYC for the past year and a half with Schengen visas but at this point it is obviously in my best interest to procure either a talent visa or another type of long-stay visa.</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>More and more people, for a variety of reasons, are feeling pressured by enforcement of the Schengen regulation by more and more EU member countries. The French police at airports are increasingly either frowning at foreigners overstaying Schengen visas or, on rare occasions, imposing a small fine. Some people lose interest in coming because of that. Others, like you, decide to obtain French immigration status that allows them to stay in France at their convenience. This relieves them from the strict regulation of having the right to stay 90 days within a given 180 days in the Schengen zone. By the way, this is called the Schengen visa waiver program and it is not a visa but rather an absence of visa. There is no such a thing as a “tourist visa” for Americans. One either has a long stay visa or the absence of one.</p>



<p>You and your business are legal and fiscal residents of the USA but you have strong business ties in France, which is currently an unsustainable situation if you are making longer and longer stays in France. Thus you need to decide which immigration status would best suit your situation. With&nbsp;<em>visiteur&nbsp;</em>status you would maintain everything in the USA and come to France to supervise your representation and production here. Or there are several subcategories of the<em>&nbsp;passeport talent</em>&nbsp;linked to creating a business in France.</p>



<p>You clearly need the right to stay in France as long as required, and this means asking for a visa. Your description would initially seem to fit the<em>&nbsp;passeport talent,&nbsp;</em>but I have significant reservations about it, as I will explain later.</p>



<p>I would like to review your situation to see what would be the best solution for you.</p>



<p><strong>I – A long stay visa</strong><br>You could ask for a non-renewable long stay visa for up to one year. If you stay in France one or two solid blocks of time, you might consider asking for a visa once a year. The file resembles that for the immigration visa and renewal of status at the prefecture. As time goes by, renewal in France gets easier and more user friendly. So I advise you against this non-renewable visa solution.</p>



<p>Therefore the solutions I can think fall into two categories:<br>• You stay an American fiscal resident<br>• You move your fiscal and legal residence to France</p>



<p>A – Staying an American fiscal resident<br>1 – With the long stay<em>&nbsp;visiteur&nbsp;</em>visa, you can choose to remain an American fiscal resident while becoming a French legal resident. It is by far the easiest and fastest to obtain. Its renewal at the prefecture is easy and it requires little to maintain this status. It is also the one that will cause the least upheaval in your life. The only potential drawback is that you cannot work under a French contract. But this does not affect you since you run an American corporation and are paid entirely in the USA.</p>



<p>2 – With the<em>&nbsp;passeport talent&nbsp;</em>expat status, you again are still an American fiscal resident and become a French legal resident. The uncertainty lies in the setup you have with your sales team, as you need a corporate presence in France. Obtaining this status requires several corporate documents as well as supporting documents defining your mission in France. But once you have the visa, it requires very little to maintain the status with the prefecture; if the project is well described, the<em>&nbsp;carte de séjour&nbsp;</em>is valid for four years. This status also involves relatively little upheaval in your life.</p>



<p>B – Becoming a French fiscal and legal resident<br>This means moving most of your life to France. You would have two businesses, one in the USA and one in France.</p>



<p>Let us review the statuses this<em>&nbsp;carte de séjour&nbsp;</em>offers so you can see the benefits of each.<br>1 –<em>&nbsp;Passeport talent&nbsp;</em>&#8211; business owner<em>&nbsp;(créateur d’entreprise)</em><br>The first requirement is to either have a master’s degree or prove you have had at least five years of experience in your field. You then need to assemble a big file, including a complete business plan proving that you will invest over 30,000€ the first year. Since your press office and sales team are already in France, I am sure you can meet this requirement. You must register your French business by becoming a<em>profession libérale&nbsp;</em>with URSSAF or registering with the court<em>&nbsp;(tribunal de commerce)</em>, either as a<em>&nbsp;commerçant&nbsp;</em>by yourself or by creating a corporate presence in France. But if you think the latter looks more appropriate, you might prefer one of the next alternatives instead.</p>



<p>2 &#8211;<em>&nbsp;Passeport talent&nbsp;</em>&#8211; creating a French corporation<em>&nbsp;(mandataire social)</em><br>Being a<em>&nbsp;mandataire social&nbsp;</em>means you are the managing director of a French corporation. You must create this corporation before you can put together the file for the visa. This is a huge endeavor and might not be worth it.</p>



<p>3 &#8211;&nbsp;<em>Passeport talent&nbsp;</em>&#8211; internationally famous<em>&nbsp;(notoriété internationale)</em><br>I am not sure if your activity fits this requirement, but if it does it will lighten the amount of paperwork considerably, as the main goal of the file is to prove you have a business in both countries that enhances culture or education. That is the big unknown, which is why I mention it as a third option.</p>



<p>4 &#8211; Self-employed &#8211;&nbsp;<em>profession libérale</em><br>This is not a<em>&nbsp;passeport talent&nbsp;</em>status and does not come with as many goodies, such as a card valid four years, the spouse getting a private life immigration status that grants all rights to work and VIP treatment at the prefecture. But I believe it could be a good deal for you provided that you scrupulously follow some very strict guidelines.</p>



<p>The file just needs a good business plan in terms of projected sales evolution over three years and expenses, both personal and professional. The good news is that it requires no investment or other requirements. The review of the request for the visa is quite short: two to four weeks. It is issued easily. In that sense it is closer to<em>visiteur&nbsp;</em>status with the business plan and supporting documents.</p>



<p>The first year in France is documented with confirmation from the Office Français de l&#8217;Immigration et de l&#8217;Intégration, which issues the foreign ID number you would keep as long as you live in France. Renewal is done at the prefecture and if the annual profit is at least the amount of the annual minimum wage, you get a four-year card. And the spouse gets<em>&nbsp;visiteur&nbsp;</em>status.</p>



<p>The drawback is that this technically is the creation of a consulting activity, which means leaving untouched what exists today: an American business and the press office and sales team paid by it. Being in France most of the time, you would work alongside the sales force and help with public relations efforts, invoicing your American corporation as your client. This is risky because you are supposed to have more than one client, but it would be unwise to disperse your energy. On the other hand, if your efforts are successful, in a couple of years the business should have grown enough to create a subsidiary or branch of your American corporation. Creating this while in France holding a four-year card becomes a much simpler endeavor. If it does not work, very little has been spent creating a business presence in France for your American corporation.</p>



<p>As you see, there is no single ideal solution, as is often the case in France. Still, depending on your priorities and how large your American business is, you do have several solutions to choose from. You need to decide which is best for you.</p>
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