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		<title>When I’m Sixty-Four</title>
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		<dc:creator><![CDATA[jacques]]></dc:creator>
		<pubDate>Sat, 01 Jul 2023 07:01:38 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<category><![CDATA[Carte de resident]]></category>
		<category><![CDATA[DIVORCE]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[Tax]]></category>
		<category><![CDATA[URSSAF]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2735</guid>

					<description><![CDATA[July-August 2023 I would like to wish you all you a great summer and a very nice vacation, enjoying the freedom of the moment. I will close my office on July 7th “When I’m Sixty-Four” When I get older, losing my hairMany years from nowWill you still be sending me a ValentineBirthday greetings, bottle of wine?&#160;If I’d been [&#8230;]]]></description>
										<content:encoded><![CDATA[
<h5 class="wp-block-heading"><em>July-August 2023</em></h5>



<p><strong>I would like to wish you all you a great summer and a very nice vacation, enjoying the freedom of the moment. I will close my office on July 7th</strong></p>



<p><strong>“When I’m Sixty-Four”</strong></p>



<p>When I get older, losing my hair<br>Many years from now<br>Will you still be sending me a Valentine<br>Birthday greetings, bottle of wine?&nbsp;<br>If I’d been out till quarter to three<br>Would you lock the door?&nbsp;<br>Will you still need me, will you still feed me<br>When I’m sixty-four?</p>



<p>You’ll be older too<br>And if you say the word<br>I could stay with you</p>



<p>I could be handy, mending a fuse<br>When your lights have gone<br>You can knit a sweater by the fireside<br>Sunday mornings go for a ride<br>Doing the garden, digging the weeds<br>Who could ask for more?&nbsp;<br>Will you still need me, will you still feed me<br>When I’m sixty-four?</p>



<p>Every summer we can rent a cottage in the Isle of Wight<br>If it’s not too dear<br>We shall scrimp and save<br>Grandchildren on your knee<br>Vera, Chuck and Dave</p>



<p>Send me a postcard, drop me a line<br>Stating point of view<br>Indicate precisely what you mean to say<br>Yours sincerely, wasting away<br>Give me your answer, fill in a form<br>Mine forevermore<br>Will you still need me, will you still feed me<br>When I’m sixty-four?&nbsp;<br>Ho!</p>



<p><strong>Wikipedia</strong><br>“When I’m Sixty-Four” is a song by the English rock band The Beatles, written by Paul McCartney (credited to Lennon-McCartney) and released on their 1967 album<em>&nbsp;Sgt Pepper’s Lonely Hearts Club Band.&nbsp;</em>McCartney wrote the song when he was about 14, probably in April or May 1956, and it was one of the first songs he ever wrote.</p>



<p><strong>Yesterday I turned 64.</strong></p>



<p>Each of us has our own way of handling getting old. In the 1950s, turning 64 meant one had turned really old. Today many sixty-somethings are still in good shape and one could argue that the equivalent of being 64 in 1967 is now experienced at 74. The notion of aging, of being old, being young, feeling young, or feeling old, is very personal and depends on so many things. On the other hand, once you add the kind of job you do to the picture, thoughts turn to retirement, of the time when one stops working before dying. Common sense should dictate that manual workers retire earlier than people working in offices. In France, when retirement programs were linked to certain industries, that was common practice. One of the numerous reasons so many people demonstrated against the latest French retirement reform, which added two years to the age at which workers have the right to full retirement benefits, was that the measure did not differentiate among all the different situations in the labor force.</p>



<p>Then there are economic immigrants, whose bodies are often abused from an early age. For many, retiring at 64 means having worked for 50 years. Once they arrive in a Western country like France, they usually start out working at horrid jobs. After several years, they obtain a legal stay and can settle a tad more comfortably, but they often still work as manual laborers. The saddest thing I have seen in this regard is that many of these people worked for so long under the table, a.k.a. undeclared, that their credit with the national retirement system is insufficient for them to live on. Thus, they must continue to work, even if they are retired. This has become common enough that the media in France, the USA and other countries are covering this evolution of society.</p>



<p><strong><span style="color:#5182FF" class="color">THE OTHER IMMIGRANTS</span></strong><br>About ten years ago, I helped a Filipina woman facing several major challenges at once. She held a <em>carte spéciale </em>because her employer was a diplomat in France. Her health insurance policy covered only the absolute minimum required. When I met her for the first time, she was battling breast cancer. In a matter of nine months, she obtained a private-life<em> carte de séjour, </em>gained access to the French public health care system, and started treatment for her cancer. For close to two years, her situation was my focal point until everything was settled and her remission from cancer confirmed.</p>



<p>Once she was declared to be in remission, I asked her if she could help me once a month by putting my column into HTML so it could be uploaded to my website in addition to being sent by email. Since June 30th, 2015, she has helped me do this except when she is in the Philippines or on a pilgrimage. She also works as a nanny and a cleaning lady, with seven employers scattered throughout Paris and its suburbs, and this is hard on her body. Our monthly meetings have changed the way she sees both her work, including what she does for me, and her worth. She came to be really good at this job. During the COVID curfew restrictions, her face beamed when I gave her the professional authorization to be out late, mentioning on my letterhead that computer assistant was her position.</p>



<p>This is the quote from the June issue that sparked some reactions which I found to be very interesting and I would like to share them.<br><em>“For what it is worth! At one point, one has to say that it was worth it. It meant going after dreams, and personal goals. In the eyes of many, it might not look like much. For them, it was not worth the effort. ‘For what it is worth, it was worth it for me.’ This is what I like to hear. Immigrants often never regain the social status or comforts that they had in their home country, but many tell me nevertheless that it was worth it. Let’s leave it at that.”</em></p>



<p>Last month, as we worked on sending out the June issue, she was quite moved when she read it.</p>



<p>That gave me the idea to ask her and other Filipina women to express how they feel about the statement “It was worth it.” I have always seen the Filipino motto as:<br><strong>“Keep a low profile and get the job done.”</strong></p>



<p>When Filipinas live away from the Philippines, whether in France, the USA or another place, they are there to work, earn money and support the rest of their family. In 2018, financial transfers from expatriates accounted for over 9.8% of the Philippines’ GDP.</p>



<p>Here is what my computer assistant told me about her own experience:<br><em>“Five years! My plan of staying here in France? I just wanted to try and see what life I could have here and then I planned to go back to the Philippines. Others say I am one of the luckiest people because I got a chance to come here to France, so I am giving it a try. It is not easy to be away from my family, but my income is much higher than what I earned at my job in the Philippines, so I guess it is worth it for me to stay for that time period. I didn’t know that five years could pass so fast and I got used to staying here. Many more years went by before I got sick. That time was the lowest point of my life as I was battling with my illness, trying to get my immigration status (legal papers) and was separated from my family. I kept asking myself if it was worth it to stay, given my situation, and then I met someone with the help of my employer. He guided me and helped me to cope with and overcome all my fears and problems until everything went well again in my life. Now I receive all my health benefits for free while holding nice, proper jobs at the same time. Is it worth the life that I chose? Yes, it has been WORTH IT! It is my choice to be in France; it is not just by chance.”</em></p>



<p>The hardships such women experience is mostly unknown. It is very rare for them to express how hard their life is. Even so, they almost all end up affirming, “It was worth it.” I respect and admire them for coming up with this evaluation. It is their life.</p>



<p><strong><span style="color:#5182FF" class="color">A MESSAGE FROM URSSAF REGARDING INCOME TAX DECLARATIONS</span></strong><br>People commonly use the term “auto-entrepreneur” for working as an independent and running one’s own business. But it really just refers to a choice regarding how to pay social charges to URSSAF. There is a choice between the classic way, which is the normal way URSSAF collects money, and the “auto-entrepreneur” way, which involves a quarterly declaration and the payment of the related social charges, usually amounting to about 23%, for services related work. This side of running a business has evolved a lot in recent years. Before President Macron was elected, the classic status required two income declarations to be done: one sent to the tax office to calculate the income tax owed and one to URSSAF to calculate the social charges based on the profit made the year before, with some catching up done in the fall.</p>



<p>Since the spring of 2021, however, there has been only one income declaration, submitted to the tax office. That information is shared with URSSAF, which relies on it to make its calculations. When Americans think about how the Internal Revenue Service and the Social Security Administration have worked together for decades, they are often stupefied by the level of distrust that once existed between the two French administrative divisions. Mr. Macron promised during his 2017 presidential campaign to simplify and unify different entities of the administration doing the same thing. This proved true of health coverage, which was unified under the CPAM system as of January 1st, 2020. The retirement unification is still being worked on.</p>



<p>URSSAF recently sent a memo to everyone on its mailing list, regardless of the status the recipients have, explaining how the information from the tax office is used and how the social charges are calculated. This disturbed and worried a lot of people who think “auto-entrepreneur” is the only status that exists.</p>



<p>Here is a translation of the memo from URSSAF:<br>“Understanding the calculation of your contributions following your tax return<a href="https://ymlpcl1.com/81d92umbharaewwqjaoawumafajsew/click.php" target="_blank" rel="noreferrer noopener">https://info.urssaf.fr/l/6521/500199940/22016/106423/294868/11f8de51</a></p>



<p>Between April and June, you declare your 2022 income on&nbsp;<a href="http://impots.gouv.fr/">impots.gouv.fr</a>. As soon as your declaration has been validated, the tax authorities forward it to URSSAF.</p>



<p>You will then receive the 2022 regularization document and the 2023 call for contributions. URSSAF has set up a dedicated website to help you understand the information contained in this letter.”</p>



<p><strong><span style="color:#5182FF" class="color">THE GENESIS OF THE FRENCH BUREAUCRACY</span></strong><br>A client recently sent me this email:<br>“I really enjoy the history lessons you provide me. But overwhelmed by being at the Prefecture, I can’t remember the person who you told me was the father of French bureaucracy and taxation. I think you referred to Louis XI, but if you wouldn’t mind just pointing me in the right direction, I’ll really enjoy the research.”</p>



<p>My reply, “This king is rarely mentioned because he did nothing flamboyant. He did not build castles. During his entire lifetime, he acted as a statesman, building France as a unit, by defeating all his rebellious vassals and by creating a centralized structure, which later became the French administration.”</p>



<p>On May 1st, 1890, French unions commemorated these events by demonstrating in the streets to ask for an eight-hour workday. May 1st became a national holiday in 1948. The day is so protected by French law that any employee who is required to work that day gets three times the normal wage. Over the years, the holiday has been celebrated in various ways but it always ends with people marching down one of the large avenues or boulevards in Paris and most other cities in France.</p>



<p><strong>Wikipedia</strong><br>Louis XI (3 July 1423 – 30 August 1483), called “Louis the Prudent” (French:<em>&nbsp;le Prudent)</em>, was King of France from 1461 to 1483. He succeeded his father, Charles VII.</p>



<p>Louis entered into open rebellion against his father in a short-lived revolt known as the Praguerie in 1440. The king forgave his rebellious vassals, including Louis, to whom he entrusted the management of the Dauphiné, then a province in southeastern France. …</p>



<p>When Charles VII died in 1461, Louis left the Burgundian court to take possession of his kingdom. His taste for intrigue and his intense diplomatic activity earned him the nicknames “the Cunning” (Middle French:<em>&nbsp;le rusé</em>) and “the Universal Spider” (Middle French:<em>&nbsp;l’universelle araignée)</em>, as his enemies accused him of spinning webs of plots and conspiracies. …</p>



<p>Without direct foreign threats, Louis was able to eliminate his rebellious vassals, expand royal power, and strengthen the economic development of his country. He died on 30 August 1483 and was succeeded by his minor son Charles VIII. ….</p>



<p><strong>Legacy</strong><br>Eager to obtain information about his enemies, Louis created, from 1464, a net of postal relays all over France, which was a precursor to the modern French postal service.</p>



<p>Louis developed his kingdom by encouraging trade fairs and the building and maintenance of roads. Louis XI pursued the organization of the kingdom of France with the assistance of bourgeois officials. In some respects, Louis XI perfected the framework of the modern French Government which was to last until the French Revolution. Thus, Louis XI is one of the first modern kings of France who helped take it out of the Middle Ages. ….</p>



<p>Through wars and guile, Louis XI overcame France’s mostly independent feudal lords, and at the time of his death in the Château de Plessis-lèz-Tours, he had united France and laid the foundations of a strong monarchy. ….</p>



<p>Despite Louis XI’s political acumen and overall policy of<em>&nbsp;Realpolitik,&nbsp;</em>Niccolò Machiavelli criticized him harshly in Chapter 13 of<em>&nbsp;The Prince,&nbsp;</em>calling him shortsighted and imprudent for abolishing his own infantry in favor of Swiss mercenaries.</p>



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



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR SUMMER VACATION </span></strong><br>The office will be closed for six weeks over the summer holidays, starting on Friday, July 7th, in the evening and reopening on the morning of Monday, August 21st. 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. Unlike in recent years, I will be in the USA from July 19th to August 3rd. Of course, Sarah or I will honor the prefecture meetings already scheduled, as well as a couple of other engagements. It is also possible that my daughter, Lucille, will handle some situations as she is getting more and more involved in my business.</p>



<p>I would like to remind everyone there will be no August 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/>THE QUESTION OF CUSTODY IN FRENCH DIVORCES<em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I have been married to a Frenchman for several years now and I recently filed for divorce in France. I want to move back to the USA with my children as quickly as possible as I have professionally and personally no future in France. We just had the first hearing and the judge decided that we all must stay as it would be best for my children if they lived in France. This is scary as heck! I am now a prisoner of France. This should be illegal.</em></p></div></a></div>



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<div id="kt-info-box_471bf9-bd" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">Your analysis of the situation is based on a misunderstanding of the law underlying such rulings. I fully understand what you want, but even though you are divorcing, this does not change the fact that your soon-to-be ex-husband has the same rights as you over the children and the judge take all the aspects of the situation into account before making a ruling.<br/>There are two important issues to review in detail, explained below. But first, understand that you are not a prisoner of France: You can travel in and out of France as much as you want, and the decision to keep the children in France, where they currently have their primary residence, is a temporary one so that the procedure can go on and a final ruling can be made.<br/>The issues:<br/>I – There are four types of divorce proceedings, depending on the specifics of the situation.<br/>II – Rulings about child custody must be based on what is considered to be in the children’s best interest.<br/>I would like to explain these two points in detail so you have a better understanding of the overall situation.<br/><br/><strong>I – THE FOUR TYPES OF DIVORCE PROCEEDINGS</strong><br/><br/><strong>A – The first is mutual consent divorce</strong>, which normally involves only a notaire; no outside authorities are supposed to challenge this agreement, which addresses the following issues:<br/>Who keeps the family home?<br/>How much is the child support?<br/>How much is the alimony?<br/>How are child custody and visitation rights organized?<br/>It is evident that you are not going through this procedure.<br/>The other three all involve the following sequence of events:<br/>1 – Audience de non conciliation (non-conciliation hearing)<br/>The judge hears both spouses and makes sure their positions regarding the divorce matches what has been filed, showing that these positions are irreconcilable and the divorce procedure must continue.<br/>2 – Ordonnance de non conciliation (non-conciliation order)<br/>All the parties know the proceeding, being contentious, is going to take a long time, so the judge rules on the most urgent issues: custody, child support and alimony. The judge almost always rules that the children must stay in France until the proceeding is over, or at least further advanced. This never precludes a final decision allowing the mother to move back to her home country with the children; many non-French mothers get the right to do this sooner or later.<br/>Many ill-informed mothers shoot themselves in the foot by making a fuss over this type of ruling. Doing so increases the chances of losing custody or having the judge increase the scrutiny of the mother.<br/>3 – Once this initial, temporary decision is issued, the normal court proceedings start. Both parties submit files detailing what they want. In the end, the judge rules. As noted above, this can take a long time; hence the provisional rulings mentioned in point 2.<br/><br/><strong>B – The second type is when the spouses accept that the marriage has broken down:</strong> “divorce pour acceptation du principe de la rupture du marriage.” The parties agree on one thing, at the very least: to divorce. Whatever they cannot agree on is ruled on by the judge. I assume here that the parents do not agree on the terms of child custody.<br/><br/><strong>C – The third type usually involves one spouse having abandoned the family home</strong> “divorce pour altération définitive du lien conjugal.” This is where one spouse leaves the other and asks for a divorce, and the other spouse refuses. If the non-French mother takes the children and moves out of the family home and the husband refuses the divorce, she cannot leave France or it would be kidnapping. The judge has to get to the bottom of the situation to understand whether the mother had valid reasons for moving out with the children.<br/><br/><strong>D – The fourth type is “fault” divorce – divorce pour faute.</strong> Today this applies almost exclusively to domestic violence. If the mother can prove the violence with medical reports, or even better as part of a criminal investigation with doctors working under the prosecutor’s supervision, the mother can obtain custody as early as the non-conciliation hearing and be allowed to move back to the home country.<br/><br/><strong>II &#8211; THE BEST INTEREST OF THE CHILD</strong><br/>I point out whenever I work on such cases that the children’s best interest is defined legally, which means it is seldom exactly what the mother wants.<br/>The first condition is that the children should stay in the family home, so whoever is granted custody of them gets to live there and the other spouse must move out.<br/>The second thing is to define the type of custody needed. Today the norm is alternate and hence equal custody. This means the children stay one week with the father and one week with the mother. Of course, this requires the parents to live close enough so the children can go to the same school. That is clearly not your current choice.<br/>Thus the judge has to evaluate which spouse is best suited to be the primary parent, with the other getting some visiting rights. This decision is needed when one parent wants to move to their home country. Since that is not the norm by default, and standard visitation rights cannot be applied in such a case, the non-French parent needs to give serious and very compelling arguments to win the right to move back to their home country and take the children.<br/>The third consideration is what environment will be best for the children. Here I agree that a French judge is likely to be biased in favor of France.<br/>One of the first cases I worked with closely involved an American conservative Christian woman who owned several Bibles, including a couple of study Bibles since she enjoyed Bible studies. The French husband managed to get the judge to rule repeatedly that she needed psychological evaluation to determine if she had been indoctrinated into being part of a cult, which by French standards would make her an unfit mother. She was very patient, enduring all this silently and being carefully advised by her lawyer. It was humiliating because she was evaluated through a French bias. In the end, the judge ruled that she could move back to the USA with her daughter. Thanks in part to the team supporting her, she managed to trust the system even though it was difficult.<br/>My advice to you is to remember that this is a court proceeding in which the ruling will have to comply with the applicable law and the documents submitted by both parties. This is not the best way to take into consideration, first and foremost, the emotional and psychological aspects of the situation for all parties involved. Today efforts are made to reflect those aspects in the proceeding, but it still is a court case that must follow the rule of law.</p></div></a></div>



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<div id="kt-info-box_5877a9-34" 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>SHOULD YOU RENEW YOUR CARTE DE SÉJOUR OR ASK FOR A CARTE DE RÉSIDENT?</em><br/></h2><p class="kt-blocks-info-box-text"><em>I got a passeport talent visa in the USA and moved to France during the summer of 2019. The visa lasted one year and I got a carte de séjour as a performing musician, which was valid for four years. It will expire in June 2024, My family and I are still living here and we are doing well. As the first request demanded a lot of documents about my career, I would like to know as soon as possible what the necessary steps are to apply for a renewal.</em></p></div></a></div>



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<div id="kt-info-box_7aee35-43" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">The four-year carte de séjour in the passeport talent category offers a great deal of security because it lasts so long. But if you thought the previous file was complicated to put together, the one for renewal demands even more. You need to attest to both the past – your career during those four years, to secure the right to renew your immigration status – and the future: new projects you are working on, engagements and gigs signed for, and so on. In short, this time you will submit two files instead of one. The current guidelines are that you should start four months in advance.<br/>Here, in more detail, is what will be expected of you:<br/><strong>1 – The past.</strong> Compile four years of what you have done professionally. Organize the documents in chronological order and separate them per year. Like last time, nearly anything can be used to prove your activity – posters and flyers about concerts, reviews (even bad ones!) in the media, plus, of course, official evidence such as pay slips and contracts. This part of the file also needs to detail the income you got performing, teaching and coaching during at least the last 12 months. I would go so far as to showing all of 2023, including the French income declaration and ideally the related avis d’imposition. Remember, to comply with the requirements you must earn at least the minimum wage, so provide your last four avis d’imposition to help to prove this.<br/><strong>2 – The future.</strong> This part of the file mirrors exactly what you did the last time. I know it is often difficult to come up with concerts and gigs scheduled a long time in advance. But email exchanges proving that you are in negotiations for engagements could make up the vast majority of what you submit. If you are rehearsing with other musicians, have them write a statement testifying that you are really working on this project. Since I assume you will provide evidence of a good track record, your projections will be a lot easier to believe and be taken at face value.<br/>However, I would like to suggest what I believe is a better solution in many ways: asking for a carte de résident.<br/>First, you have been in France for five fiscal years. I assume you declared your revenue to France starting in 2019 and you will have declared your 2023 revenue. Again, the taxable income must be at least French minimum wage at that time. The declaration of the 2019 revenue should include any money earned in the USA and taxed there, otherwise it is going to be difficult to show the minimum required earnings, although if not, the first half of 2024 could compensate for this situation. The request for a carte de résident must always involve writing a letter accompanying the request. It can be a short paragraph detailing the ways you comply with the requested level of integration.<br/>Interestingly enough, for some people, probably including you, it may be easier to request the next level of immigration – i.e., the carte de résident – rather than just to renew the existing immigration status. This is assuming that, after all your years in France and with about a year to get ready, you will be able to pass the A2 level French test.</p></div></a></div>



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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>Wind of Change</title>
		<link>https://www.jeantaquet.com/wind-of-change/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Thu, 01 Dec 2022 07:01:08 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2695</guid>

					<description><![CDATA[December 2022 Christmas is around the corner and my office will be open for another two weeks or so before closing for the holidays. I would like to wish you all the usual season’s greetings. We can hope for a better year in 2023. The COVID crisis feels like it is over. I hope we all [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><span style="color:#828282" class="color"><em>December 2022</em></span></em></h5>



<p>Christmas is around the corner and my office will be open for another two weeks or so before closing for the holidays.</p>



<p>I would like to wish you all the usual season’s greetings. We can hope for a better year in 2023. The COVID crisis feels like it is over. I hope we all can find a way to sincerely exchange best wishes with each other. There will always be worries and dangers looming here and there. That said, I wish you all</p>



<h2 class="wp-block-heading"><strong>A MERRY CHRISTMAS AND A HAPPY NEW YEAR !</strong></h2>



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<p><strong>Wikipedia</strong></p>



<p>“Wind of Change” is a song by the West German rock band Scorpions. Recorded for their 11th studio album,<em>Crazy World&nbsp;</em>(1990), it is a power ballad composed by lead singer Klaus Meine. He wrote the lyrics after the band visited the Soviet Union at the height of Mikhail Gorbachev’s perestroika reform movement, when hostility between the communist and capitalist blocs was reduced as the Soviet Union undertook wide-scale social and economic reforms.</p>



<p>Released as the album’s third single on 21 January 1991, “Wind of Change” became an international hit, arriving not long before the failed coup against Gorbachev that led to the dissolution of the Soviet Union.</p>



<p>Follow the Moskva<br>Down to Gorky Park<br>Listening to the wind of change<br>An August summer night<br>Soldiers passing by<br>Listening to the wind of change<br>The world is closing in<br>Did you ever think<br>That we could be so close, like brothers<br>The future’s in the air<br>Can feel it everywhere<br>Blowing with the wind of change<br>Take me to the magic of the moment<br>On a glory night<br>Where the children of tomorrow dream away<br>In the wind of change<br>Walking down the street<br>Distant memories<br>Are buried in the past, forever<br>I follow the Moskva<br>Down to Gorky Park<br>Listening to the wind of change<br>Take me to the magic of the moment<br>On a glory night<br>Where the children of tomorrow share their dreams<br>With you and me<br>Take me to the magic of the moment<br>On a glory night<br>Where the children of tomorrow dream away<br>In the wind of change<br>The wind of change<br>Blows straight into the face of time<br>Like a storm wind that will ring the freedom bell<br>For peace of mind<br>Let your balalaika sing<br>What my guitar wants to say<br>Take me to the magic of the moment<br>On a glory night<br>Where the children of tomorrow share their dreams<br>With you and me<br>Take me to the magic of the moment<br>On a glory night<br>Where the children of tomorrow dream away<br>In the wind of change</p>



<p>I get teary just about every time I listen to this song. I am not a real fan of the band, but this song is so loaded with major world events that I find it very moving. It is the “We Shall Overcome” of Eastern Europe and the fall of the USSR. All of the band’s members came from Hanover, a city not far from the former Iron Curtain.</p>



<p>As the end of 2022 nears, I can feel strong winds of change on so many levels. They could make our lives rockier in the short term but we can all hope for a better outcome. As far as I am concerned, the coming year, 2023, brings a new adventure in my life: the rental project starting a couple of days after New Year’s Day. I feel ready for it, after months of preparation. I am deeply touched that my daughter, Lucille, came up with the acronym SHIP for this project. In doing so, she transformed a boring Parisian rental into a sailing vessel ready for high-sea adventures, a tall ship catching the wind of change.</p>



<p><strong><span style="color:#5182FF" class="color">THE MIDTERM AND THE ISSUE OF THE MARGIN OF ERROR </span></strong><br>A client of mine sent me this email the day I sent out the November issue.<br><em>Dear Jean,<br>You are the BEST!<br>Your analysis always makes one think and reflect, at least within a margin of error of +/- 3%.<br>Keep up the good work.<br>Best,</em></p>



<p>I closely followed the results of the US midterm elections. Before the elections, countless polls were done, with widely differing results. As I stated in the November issue, the real professional pollsters admitted that they lacked the tools to accurately measure the coming vote. Many major elections were won by a razor-thin margin. In some cases, days passed and no definitive results were announced. How many times have we heard “within the margin of error?” I almost wanted to use this as the title of the December issue. Here is what I would have based it on (from Wikipedia):</p>



<p><em>“Margin for Error&nbsp;</em>is a 1943 American drama film directed by Otto Preminger. The screenplay by Lillie Hayward and Samuel Fuller is based on the 1939 play of the same title by Clare Boothe Luce.</p>



<p><strong>Plot</strong><br>When police officer Moe Finkelstein (Milton Berle) and his colleague Officer Salomon are ordered to serve as bodyguards to German consul Karl Baumer (Otto Preminger) by the mayor of New York City, Finkelstein turns in his badge, convinced he has to quit the service because the man is a Nazi. Capt. Mulrooney, who appointed them to this job, tells Moe that although the mayor personally is opposed to Adolf Hitler and his regime, the mayor is responsible for the safety of everybody, and he believes that through this assignment Finkelstein can show them the difference between their system and the Nazi one.</p>



<p>Moe quickly discovers Baumer is in trouble with Berlin for having squandered money intended to finance sabotage. His secretary, Baron Max von Alvenstor (Carl Esmond), has become disenchanted with his boss and refuses to delay the delivery of a damaging financial report to Berlin. Baumer’s Czechoslovak wife, Sophia, confesses to Moe that she loathes her husband and married him only to secure her father’s release from prison. Also at odds with Baumer is Otto Horst, who has been ordered to procure false identification cards for German saboteurs assigned to blow up an American port at the end of a radio broadcast delivered by Hitler.”</p>



<p>I’ll let everybody draw their own conclusions and maybe draw parallels between this plot, a work of fiction, and some real or alleged events of recent times.</p>



<p><strong><span style="color:#5182FF" class="color">ILLEGAL IMMIGRANTS AND A LACK OF WORKERS </span></strong><br>The more I reflect on this issue the more I see how deep the difference is between France and the USA regarding what is called illegal immigration. It always starts with crossing the border illegally or overstaying a visa or type of immigration status. Many argue – and with some merit, regarding certain immigrants – that such a situation should not prevent those with some right to claim to stay in the country from procuring a ruling from the local authorities or a court. As a professional in this field, as well as a French citizen, I can attest to how differently the issue is addressed by the USA and France.</p>



<p>In the USA, virtually the only the people who can enter without a visa and end up staying legally are those obtaining refugee status. In France, for the last 25 years, several legislative provisions have defined the conditions under which an illegal immigrant can obtain permission to legally stay with a carte de séjour, by applying to the local prefecture. It does not even take a court ruling to obtain it. To put it somewhat provocatively, an illegal immigrant can risk being arrested, detained and ordered deported by the French police one day, and on the next day walk out of the Paris prefecture de police with a document guaranteeing the right to stay in France. My June 2018 column, called THE DREAMER!, goes into this further. Here is the first section:</p>



<p><strong><em>“CAN WRONG BECOME RIGHT? – DACA VS FRENCH POLICY</em></strong><em><br>I would like to describe the history and provisions of French policy regarding how undocumented aliens can become legal residents of France. This is by no means an attempt to take sides regarding the US policy known as deferred action for childhood arrivals (DACA) or what the rights of the ‘Dreamers’ should be. I just want to bring the French perspective to an issue all Western countries have: ‘What do you do with undocumented aliens who are already in the country?’</em></p>



<p><em>The authorities’ official and first answer is: ‘Deport them to their country of citizenship.’ This is the first thing to do because they have no right to be there. But we all know that there are many more who stay than are actually deported. Therefore, sooner or later another question arises, ‘Are there situations in which giving them legal status makes more sense than deporting them?’ In several countries, the answer is linked to the length of stay in the country.”&nbsp;</em></p>



<p>I would remind my readers that legislation issued in 1997, called the<em>&nbsp;circulaire&nbsp;</em>Chevènement, resulted in 140,000 requests submitted right away, of which over half were approved. The regulation currently in effect, the<em>&nbsp;circulaire&nbsp;</em>Manuel Valls, was issued on November 28th, 2012, after the election of President Hollande, to address the situation under President Sarkozy. It allows undocumented aliens holding a job to get permission to stay legally after being in France three or five or seven years, depending on their work situation.</p>



<p>To take a situation that is similar in both countries: The COVID pandemic led to a shortage of workers willing to take some of the lowest-paying jobs. The solution drastically differs. In France, the current government, which is fairly conservative, is looking into loosening the<em>régularisation&nbsp;</em>requirements. Its position is that since low-wage positions are hard to fill and thus employers hire undocumented aliens who are willing to take them, making it easier for such workers to stay legally would help the businesses avoid prosecution. From a legal standpoint, this is insane: The government wants to protect businesses that break the law by hiring illegal immigrants because people who could legally take those jobs, including French people, do not want them. The alternative? Offer better wages and working conditions, which is basically what is happening in the USA.</p>



<p>In France, many conservative voters are against easier<em>&nbsp;régularisation</em>. They want the government to deport immigrants who are not in France legally, many of whom entered France by illegally crossing the French border. Hence the government is going against its electorate, but it must think the political risk is minuscule. After 25 years, the prefectures handle<em>&nbsp;régularisation</em>. procedures efficiently, and adding several more will not be a problem. The difference between the French and American approaches could not be more striking.</p>



<p><a href="https://ymlpcl1.net/69a6auuqyavaewheqafaqejadajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/societe/article/2022/06/29/sans-eux-je-ferme-boutique-de-paris-au-pays-basque-des-patrons-plaident-pour-la-regularisation-des-travailleurs-sans-papiers_6132439_3224.html</a></p>



<p><a href="https://ymlpcl1.net/9db2auuysaiaewheqavaqejaaajsew/click.php" target="_blank" rel="noreferrer noopener">www.lesechos.fr/economie-france/social/immigration-comment-le-gouvernement-veut-faciliter-la-regularisation-des-salaries-sans-papier-1875216</a></p>



<p><strong><span style="color:#5182FF" class="color">CAN A FOREIGNER’S VALID IMMIGRATION DOCUMENT, SUCH AS A<em>CARTE DE RESIDENT </em>OR<em> CARTE DE SÉJOUR</em>, BE TAKEN AWAY?</span></strong><br>In recent months I have been contacted by several panicked clients who were convinced that their immigration card would be immediately taken away because they were no longer in compliance with the initial requirements.</p>



<p>The legal basis for this understanding makes sense, to a degree, and reveals a deep misunderstanding of the way the prefecture works. All the clients concerned held four-year cards with several months or even years before the expiration date. A common profile is that of a foreigner holding the status of<em>&nbsp;travailleur hautement qualifié (carte bleue européenne)&nbsp;</em>who is going to obtain private-life status. First and most obviously, only the prefecture and a court can rule on whether a<em>&nbsp;carte de séjour&nbsp;</em>is still valid. Even if it is not, does the foreigner have a claim on a different status? Here are the reasonable scenarios:</p>



<p>1 – The prefecture does nothing and the foreigner applies for a different status when the<em>&nbsp;carte de séjour&nbsp;</em>expires. As long as the file meets the requirements of the new status, there is never a problem. The logic is that the applicant defines which immigration status is being sought. That means it needs to be stated very clearly.</p>



<p>2 – For a variety of reasons, the prefecture may act on the fact that the person no longer qualifies for the old status and gives them an appointment. At the appointment, the foreigner brings a file proving that they qualify for something else, e.g., private-life status. In this case, the change of status occurs earlier, but there is still no problem.</p>



<p>3 – The foreigner does not qualify yet for a different status but is notified about an appointment, which then feels like a summons. Perhaps the person has been laid off and is receiving French unemployment benefits. On this basis alone – being unemployed and indemnified – the prefecture acknowledges that the person still has the right to work as an employee and thus the right to live in France, and the related<em>&nbsp;carte de séjour&nbsp;</em>will be issued.</p>



<p>I hope these three scenarios are sufficient to prove that foreigners’ fears in such cases are grounded in a major misunderstanding.</p>



<p>On the other hand, it is true that a residence permit can be taken away, for reasons that vary according to the type of permit. The person is then obliged to leave France, which often means being deported.</p>



<p>Here are some of the situations in which this might happen:&nbsp;<br>– You are married to a French national and the relationship ended within four years of your marriage (unless the two of you had one or more children, in whose care and education you have been involved since their birth, or your spouse died or committed domestic violence).&nbsp;<br>– In the context of family reunification, your relationship with your spouse was broken off within three years of the issuance of the card (except in the case of death or conjugal violence with a final sentence).&nbsp;<br>– You are found to be living in a state of polygamy in France.&nbsp;<br>– You are convicted of committing an act or acts of violence against a child under age 15, such as mutilation or violence resulting in permanent disability, or you were an accomplice to such acts.&nbsp;<br><strong>– You illegally employed a foreign worker.&nbsp;</strong><br>– You did not go to the prefecture appointments to verify that you still meet the conditions for the issuance of your residency card.&nbsp;<br>&#8211; You have been deported or banned from French territory<em>&nbsp;(interdiction du territoire français).</em><br>&#8211; You are found to be a threat to public order.</p>



<p>These situations can be considered felonies and taking away the right to live in France makes some sense.</p>



<p>Source:&nbsp;<a href="https://ymlpcl1.net/31c78uuyuacaewheqaoaqejafajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.service-public.fr/particuliers/vosdroits/F11892</a></p>



<p><strong><span style="color:#5182FF" class="color">THE SURVIVAL HOME IN PARIS (SHIP) OPENS ON FEBRUARY 1st, 2023</span></strong><br>The basic renovations are being done even as I prepare to send out this issue. They ran late, based on the initial schedule, but were early enough to have everything ready on time. The furniture, appliances and internet connection have been ordered and will be delivered during December. My daughter, Lucille, came up with the acronym SHIP for this project.</p>



<p>The first tenant is part of our inner circle and will be there long enough to test the place and give us an evaluation.</p>



<p>I already know I will not have much vacation after I close my office. Booking will be done through an extension of my website, which should be up and running early enough in December to get the first rental booked for February 1st. Payment will be accepted by wire transfer, PayPal and credit card. The monthly rent is 1,200€. The extension of my website will have pictures of the studio and its furniture and appliances so people know in advance what is available. There is a safe in the studio that the guests can use. There will also be some basic information about the neighborhood. Furthermore, there will be two walk-throughs at the beginning and the end of the rental. They each cost 150€, and the initial one includes a one-hour session with my assistant, Sarah, for advice and guidance to help with the stay, in addition to viewing the studio, its appliances and other things. I am focusing on practical things like public transport; the studio is served by several metro and bus lines and the RER A.</p>



<p><strong><span style="color:#5182FF" class="color">THE PARIS PREFECTURE HAS MOVED MANY APPOINTMENTS OUT OF THE CITÉ OFFICE</span></strong><br>Presumably as a continuation of efforts to reduce the number of people entering the Paris prefecture headquarters on the Île de la Cité, fewer types of immigration status are now being reviewed at this office.</p>



<p>There have always been three branches of the prefecture dealing with specific types of immigration status. The location for student status has been moved around a lot over the years. Until recently it was located in a Cité Universitaire building on the southern outskirts of Paris. It is now handled in the Cité building.</p>



<p>The other two handled private life and renewal of the<em>&nbsp;carte de résident.&nbsp;</em>One is in northern Paris near the Barbès-Rochechouart metro station at 6 rue du Delta, 75009 Paris. The other is at 191 rue de Charenton, 75012 Paris, on the north side of the Gare de Lyon; the closest metro stop is Dugommier.</p>



<p>These places are much smaller than the Cité building but have managed to handle the large increase in work quite well. The renewal of employee<em>&nbsp;(salarié)&nbsp;</em>and self-employed&nbsp;<em>(profession libérale</em>&nbsp;and&nbsp;<em>artisan-commerçant)</em>&nbsp;status have now moved to them.</p>



<p>The same procedures apply as at the Cité: Do not come more than 15 minutes before the appointment time because you will not get in. Only people with an appointment can enter. The reception desk issues a number after confirming that the file is complete.</p>



<p><strong><span style="color:#5182FF" class="color">HEALTH COVERAGE IS ONCE AGAIN A STICKY POINT WHEN RENEWING IMMIGRATION STATUS</span></strong><br>This is another problem stemming from the fact that many more files are being submitted online. Statements issued by the CPAM work well, as they are in French and show all the information needed. But many people still have private health insurance. If the company issues a statement in French about the policy, it is almost always fine if it gives the minimum information needed, such as the full name of the insured, the duration of the policy (beginning and end dates, linked to premium payments), a summary of the coverage and the name of the company and type of policy.</p>



<p>Recently my clients have increasingly had problems with health coverage issued by an American organization linked to their retirement. When we met with a civil servant at the prefecture, we could point out the obvious link between the retirement and health coverage statements. Also, the civil servants had become less and less inclined to demand that the documents be translated.</p>



<p>Now, with the online procedure, it is clear that people are not putting the two together, and the American entity may be unwilling to issue a different statement for the prefecture. Also, the prefecture now systematically asks that the documents be translated. Reminder: The applicant must comply with this requirement within 30 days or the file will be closed. To avoid serious stress and aggravation, make sure you pay close attention to your health insurance policy when you renew online.</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 16th in the evening and re-opening on the morning of Monday, January 9th. 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>



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<div id="kt-info-box_6a82ef-60" 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/>WHAT IS “FRENCH CLIENTELE” WHEN ASKING FOR BUSINESS IMMIGRATION STATUS?<br/></h2><p class="kt-blocks-info-box-text"><em>I am an American and I have been wanting to move to France for several years now. I am now ready to create my business in France in the tourism industry. I will be taking care of mostly American tourists visiting Paris. The consulate/VFS demands that I submit proof of my potential clients. It is a deal breaker because I don’t have any, they will be tourists! I feel confident that I will find several once I launch my business after I have moved to France. Since I can only start once I get the right visa and then move to France, I cannot have any clients yet! Do you have any suggestions for this situation? This is an awful Catch-22. It feels like a mission impossible.</em></p></div></a></div>



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<div id="kt-info-box_7dbe5c-6c" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">I need to start with some bad news. Yes, it is a deal breaker if you cannot prove that you have a French clientele waiting for you in France. The French administration follows this legal logic: The applicant already has their clientele waiting in France, so they deserve to obtain the related visa to start working for these clients. Put that way, it is indeed an absolute Catch-22 and impossible to meet.<br/>The way to get out of it is to “invent” a French clientele. This is critical, especially with a business model like yours, where you need to secure ways for tourists to find you.<br/>In my experience, someone ready to submit a request for this kind of visa has been to France several times and knows French people. Anyone will do. The business plan you submit needs to describe a wide range of activities. One obvious reason is that French law heavily regulates tour guide jobs. For example, the bond needed to start this activity is a minimum of 200,000€. French law only recognizes agencies with someone who has a professional license and is financially sound enough to handle reimbursements and lawsuits. French law does not recognize the individual walking the streets of Paris with a small group of tourists from one monument to the next. So the wide range of activities you specify should include being a teacher, a coach and a consultant. That way your French friends and acquaintances can state in writing that they need your teaching or coaching. Probably none of them will ever do it, but that is beside the point. The file now has statements that some people want to use your services once you are in France.<br/>Even so, that will account for a small amount, insufficient to convince the French administration that your annual taxable income will be at least 16,000€. So your business plan should describe a package of services tailored for people spending their money in France, which de facto makes them a French clientele. You could have deals with hotels, restaurants, clothing shops, bakeries and so on. In the absence of signed contracts, you could show exchanges of emails envisioning future collaborations. Add those to your file and project how much money you could make this way, on top of the fees you will charge your clients. It may take a long time to get strong documentation. On the other hand, it will convince the French administration of the pertinence of the project. This file and its documents can describe a successful “French business” even if you feel it is 90% fake and looks more like a storyboard. The key is that the story it tells is believable, so that it works and you get your visa.<br/><br/>Keep in mind that an American tourist in Paris is a “French client” by virtue of consuming your service/product in France.<br/>In short, the way look at all this is that you will have a French business because you will have “French clients” using your “French services/products” even though they mainly are American tourists staying in France for a short time.<br/></p></div></a></div>



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<div id="kt-info-box_d4c9d3-36" 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/>CHANGING IMMIGRATION STATUS FROM VISITEUR TO SOMETHING ELSE<br/></h2><p class="kt-blocks-info-box-text"><em>I am an American currently living in France with my family on a VLS-TS Visitors visa that will expire in Dec 2022. My husband is in the process of renewing his visa, but I received a job offer and the post is being advertised on the government site. We however need to determine whether I first need to renew my visa to receive a carte de séjour/titre de séjour before we can apply for a work permit. Or whether we (the employer) must apply directly for a work permit on the government website even though my visa will expire mid-Dec. I do not have a lot of time to figure this all out and I don’t want to make a mistake that will later affect my application.</em></p></div></a></div>



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<div id="kt-info-box_a1098b-d6" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">Before explaining your choices and the merits of some possible solutions, let me make the most critical point: Yes, you must renew your<em> visiteur </em>immigration status. None of the other procedures will be handled fast enough for you to stay legal, and you cannot stay in France without valid immigration status. Keep in mind that this could give you and your employer a little more time to tailor your position to comply with a type of immigration status linked to an employee position.<br/>The first point to make is that the prohibition against working in France that comes with the<em>visiteur </em>immigration status only lasts two years. This means that when you renew your immigration status the second time, at the end of the second year of presence in France, you can safely submit a request to change your status. But since several<em> passeport talent </em>sub-categories allow the change to be asked for much earlier, as they are considered VIP status, you should find out if the job will allow you to change your status within the first year of residency in France.<br/>Next, I need to review the different types of immigration status, then tell you which ones can give you this right.<br/><br/>French immigration legislation defines six categories and all of them have sub-categories:<br/><em>– visiteur</em><br/>– étudiant<br/>– salarié<br/>– vie privée &amp; familiale<br/>– commerçant &amp; artisan<br/>– passeport talent.<br/><br/>Under<em> passeport talent </em>there are ten sub-categories: <br/><em>– jeunes diplômés qualifiés salariés ou salariés d’une jeune entreprise innovante </em><br/>– travailleurs hautement qualifiés (carte bleue européenne)<br/>– salariés en mission<br/>– chercheurs<br/>– créateurs d’entreprise<br/>– porteurs d’un projet économique innovant<br/>– investisseurs économiques<br/>– mandataires sociaux<br/>– artistes interprètes<br/>– étrangers ayant une renommée nationale ou internationale (domaine scientifique, littéraire, artistique, intellectuel, éducatif ou sportif).<br/>The<em> salarié </em>(employee) status will not work for you, regardless of where it was advertised, even if the French administration offered the job. I do not need to look at the specifics. The main reason is your one-year stay in France. So even if the French administration accepts to review the request, it has a veto right and therefore the chances of you being successful with this change are basically zero. The procedure would start with your potential employer requesting this status for you, but if the job only allows you to go through this procedure, most likely it is not impressive enough to overrule the guidelines and therefore it should be refused.<br/>Certain<em> passeport talent </em>sub-categories offer a much better chance, for several reasons: a – They are considered VIP status so enforcement of the rules is a lot more lenient. b – The prefecture does 100% of the procedure and the right to work is embedded in the<em> carte de séjour.</em> c – The ideal one would be<em> travailleurs hautement qualifiés (carte bleue européenne). </em>The administration considers the level of qualification needed to qualify for this status to be so high that the normal guidelines do not apply. The minimum salary to comply is a yearly gross of 53,836€.<br/>You now see how much depends on the specifics of the job. The other sub-categories could be reviewed if there is one better suited to the position.<br/>Now you know what to do and especially what to avoid. In brief, make sure your prospective employer does not apply for<em> salarié </em>status for you. The administration will deny the request, the prefecture will be informed of the refusal and that will trigger a definitive termination of your right to live in France, although you might have a tiny chance of appealing the termination because your family lives in France.<br/>In the meantime, I repeat, you must renew your<em> visiteur </em>immigration status.</p></div></a></div>



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<div id="kt-info-box_5dfce6-c1" 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-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></a></div>
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		<title>WHERE ARE WE GOING?</title>
		<link>https://www.jeantaquet.com/where-are-we-going/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Tue, 01 Nov 2022 07:01:07 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2689</guid>

					<description><![CDATA[November 2022 Oh, oh, ohDay in, day outSidewalk sleepers turn aboutDay by day, the work gets doneDay by day, another war goes on Tell me, where are we going?&#160;Oh oh, what’s the future showin’?&#160;Oh, where are we headed?&#160;With all that’s goin’ on, where are we gettin’? Day in, day outA little boy and girl are [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>November 2022</em></h5>



<p>Oh, oh, oh<br>Day in, day out<br>Sidewalk sleepers turn about<br>Day by day, the work gets done<br>Day by day, another war goes on</p>



<p>Tell me, where are we going?&nbsp;<br>Oh oh, what’s the future showin’?&nbsp;<br>Oh, where are we headed?&nbsp;<br>With all that’s goin’ on, where are we gettin’?</p>



<p>Day in, day out<br>A little boy and girl are goin’ out<br>Day by day, baby’s babies are born<br>Day by day, people say, “Right on”</p>



<p>Tell me, where are we going’?&nbsp;<br>Oh oh, what’s the future showin’?&nbsp;<br>Oh, where are we headed?&nbsp;<br>With all that’s goin’ on where are we gettin’?</p>



<p>All we need<br>All we need<br>All we need<br>All we need<br>All we need, oh</p>



<p>Day in, day out<br>It gets better, the people shout<br>Day by day flames get higher<br>Lives and pains, yeah, they fuel the fire</p>



<p>Oh, where are we going?&nbsp;<br>Oh oh, what’s the future showin’?&nbsp;<br>Where are we headed?&nbsp;<br>With all that’s goin’ on, where are we gettin’?</p>



<p>Oh oh oh, oh oh oh (Where are we going?)&nbsp;<br>Oh oh oh, oh oh oh (Where are we going?)&nbsp;<br>Oh oh oh, oh oh oh (Where are we going?)&nbsp;<br>With all that’s goin’ on, where are we headin’?&nbsp;<br>Day by day, baby (Where are we going?)&nbsp;<br>By day (Where are we going?)&nbsp;<br>Oh oh oh, oh oh oh (Where are we going?)&nbsp;<br>Oh oh oh, oh oh oh<br>(Where are we going?)&nbsp;<br>(Where are we going?)&nbsp;<br>(Where are we going?)&nbsp;<br>Ooh, hoo-hoo-hoo (Where are we going?)&nbsp;<br>Oh oh oh, da-da-da-da (Where are we going?)&nbsp;<br>(Where are we going?)</p>



<p><strong>Wikipedia</strong><br>Where Are We Going?” is a song by the American singer-songwriter Marvin Gaye, recorded in around 1972 for an album Gaye decided not to release. It first came out in a jazz-funk version by Donald Byrd in 1973. Gaye’s own recording was finally released in 2014.</p>



<p>In both France and the USA, many wonder where the country is going. Forecasting the direction either country will take and what will happen even in the near term is becoming increasingly difficult. The accumulated unknowns include the uncertainty of election results and passage of laws, government decisions and so on. There was a time when things felt a lot more predictable, giving a sense of security to people about what to expect so they could make plans.</p>



<p>At the same time, people need to go on with their lives. But beyond day-to-day life, people need predictability to make decisions. It might be about the choice of a career: to take just one example, is it wise to choose obstetrics and gynecology as a medical specialty in the USA today? Or is it a good idea to buy a home with interest rates so high? I could go on and on: all the normal decisions throughout one’s life demand a certain level of predictability. When it is impossible to know what the laws and rules will be six months from now if there is a change of majority in Congress, how can people make decisions? Whatever the election results are, the electoral decision could end up being catastrophic and bring complete ruin to millions of people.</p>



<p>What strikes me most about this is that in the USA, France and probably many other countries, discussing the merits of this or that policy rarely includes their effect on people. I am not talking about the talking points that politicians use but sound technical analysis. I remember a long time ago on French TV an economist detailing data about a massive layoff by a major corporation. There were X number of people committing suicide, getting divorced, becoming homeless, and so on. The same type of analysis could be done on the failure of Texas’s electricity grid, a high inflation rate for five years or more, a sharp increase in health insurance premiums – again, I could go on and on.</p>



<p>During the single term of French President Nicolas Sarkozy, from May 2007 to May 2012, it seemed as though immigration law in France changed weekly –an exaggeration, but it happened so often that it was impossible to put together plans regarding an immigration status that needed several years to be fully implemented. At the time, I controversially stated that I would rather have a harsh law that would last at least a decade than more favorable legislation that was modified every year to change the conditions and requirements for various types of status. It was my way of emphasizing the need for predictability to make long-term decisions.</p>



<p>Going back to this month’s title, “WHERE ARE WE GOING?”, many people in the USA do not know what to expect regarding the coming elections, which may have considerable consequences for people’s lives.</p>



<p><span style="color:#5182FF" class="color"><strong>MIDTERM ELECTIONS IN THE USA</strong>&nbsp;</span><br>The elections are mentioned all the time in the media. One day it is lengthy analyses about the Democrats winning because of Supreme Court decisions or the January 6th committee. The next day, they come up with the Republicans winning because of high inflation and low ratings of President Joe Biden. In all these comments, they mention polling to illustrate their statements.</p>



<p>There was a time when polling was close to the outcome and therefore reliable. People always want to know the outcome before it happens. In recent years, however, professional pollsters have gotten it wrong, big time. It has reached the point where they were ridiculous.</p>



<p>For a lot of complex reasons, the polls show many elections as being quite close, whether they are for the Senate or state level races. Whether this ends up being true or not, it enables pollsters to avoid predicting who the winner will be, noting that the results are within the margin of error. In the end this is probably the only thing they can be criticized for if the results are more striking. This gives the false impression that the polling is more accurate this time. When pollsters refuse to predict anything because the polls are too close and too uncertain, it illustrates the profound divisiveness of society as well as the importance of new topics that could motivate so-called single-issue voters.</p>



<p>As a Frenchman, I have always been baffled by the existence of single-issue voters. French election campaigns systematically involve a program with numerous political promises of things that will supposedly be done. French voters are supposed to weigh those policies as a unit and decide according to their preferences. Sadly, it has been a long time since I have been able to vote that way, being forced to choose in a black-and-white way.</p>



<p>In a week or so we will see the outcome of the US midterm elections. Then we will see what happens after the results are official and how people react to them.</p>



<p><strong><span style="color:#5182FF" class="color">THE GAS STRIKE IN FRANCE – DO YOU REMEMBER 1974?</span></strong><br>France has recently been crippled by a gas strike, which had major consequences in parts of the country. In Paris, I saw long lines of cars waiting to get to gas stations. Many were so long that it disturbed the traffic, blocking the right lane. Instead of explaining why these workers went on strike, I would like to remind my readers that some people are old enough to have lived through a similar situation. The 1973 oil crisis took place long before the outbreak of the Yom Kippur war (October 6th to 25th, 1973), and OPEC had already doubled its prices between January and September 1973. The conflict was the pretext for an oil embargo, which lasted until March 1974, and for a spectacular surge in crude prices imposed by OPEC. Even without the war, crude oil prices would have risen five-fold by mid-1974. The price of oil went from $2.90 a barrel to $11.65 a barrel. In most Western countries, there were long lines at gas stations. It was then a purely political decision, exactly as it is today. For me, it is amazing that the animosity between two men, in this case Mr. Mohammed ben Salmane and President Joe Biden, can have worldly consequences of that magnitude. This always existed in the past, when kings, emperors and other leaders were foes. Until recently, we thought we were past that. We are not.</p>



<p><strong><span style="color:#5182FF" class="color">AARO QUOTED MY COMMENTS FROM SEPTEMBER 2022 ISSUE ABOUT THE NEW BANKING REGULATIONS</span></strong><br>Throughout my career, I have tried to give basic useful information almost everybody needs at one time or another. Banking in France is critical for several reasons.</p>



<p>1 – French law drastically limits cash payments by setting the maximum that can be paid in cash at 1,000€. It also gives a growing list of transactions that cannot be paid in cash, such as employees’ salaries. This means use of bank payments is always increasing.</p>



<p>2 – French businesses receiving cash payments must deposit them in a bank account to be accounted for when there is an audit. For many, this discourages accepting cash payments.</p>



<p>3 – The prefecture usually checks foreigners’ French accounts when reviewing an immigration request. That is why the recent decree forcing French banks to make it easier to open an account is useful for foreigners.</p>



<p>The decree helps people who encounter difficulties in opening an account for the first time. It can also be quite complicated to open a new one when a bank gives a client only 30 days to close an account.</p>



<p>This information should be widely shared in the expat community because the prefecture, among others, will not accept the excuse that one did not know about this regulation.</p>



<p>I thank AARO for publishing the information.</p>



<p><a href="https://mailchi.mp/e99cdc2fbcf7/aaro-news-views-october-23-2022?e=156804d5e5">https://mailchi.mp/e99cdc2fbcf7/aaro-news-views-october-23-2022?e=156804d5e5</a></p>



<p><strong><span style="color:#5182FF" class="color">“A SURVIVAL HOME IN PARIS” PROJECT IS BECOMING A REALITY: GRAND OPENING ON JANUARY 1st 2023</span></strong><br>The basic renovations should be done by November 15th. The furniture has been ordered and should be delivered in early December. Then we will order the appliances and have them delivered, but the delay is much shorter. So I already know I will not have much vacation when I close my office. Booking will be done through an extension of my website, which should be up and running early enough in December to get the first rental booked for January 1st. Payment will be accepted by wire transfer, PayPal and credit card. This extension of my website will have pictures of the studio and its furniture and appliances so people know in advance what is available. There is a safe in the studio, that the guests can use. There will also be some basic information about the neighborhood. Furthermore the two walk-throughs cost 150€ each and the initial one includes a one-hour session with my assistant, Sarah, for advice and guidance to help with the stay in addition to showing the studio, its appliances, and other things. I am focusing on practical things like public transport; the studio is served by several metro and bus lines, and the RER A.</p>



<p>I ordered the furniture with a single renter in mind but for a couple can also be comfortable. The business model I have in mind is to offer a practical and reliable place for people who need to be in Paris for a long stay: The guidelines state a minimum of two months and a maximum of six. I can think of several types of tenants such as someone who has secured a long-stay visa or is submitting a request for one, as well as someone who is testing living in France and staying within the 90-day Schengen regulation. After 25 years of offering “A Survival Kit for Paris,” now that the renovations are done my project of a “A Survival Home in Paris” makes more and more sense as an extension of my services.</p>



<p>The monthly rent is 1,200€, all included – internet access, utilities, etc. The first month’s rent is due when the reservation is completed, along with a month’s security deposit, making the initial payment total 2,400€.</p>



<p><strong><span style="color:#5182FF" class="color">THE<em>&nbsp;AGENCE NATIONALE DES TITRES SECURISÉS&nbsp;</em>FINES LATE<em>&nbsp;CARTE DE SÉJOUR&nbsp;</em>RENEWALS</span></strong><br>The following email, which I have translated into English, was sent to one of my readers by the Agence Nationale des Titres Sécurisés, A.N.T.S.</p>



<p>“We understand that you would like to know the status of your application for a residence permit. After checking your file in the computer system, we see that your application has been processed by your prefecture. The production of your residence permit will be launched in the next few days. You will be contacted by your prefecture when it is available.</p>



<p>“In the meantime, a certificate of favorable decision is available on your ANEF account. Thanks to this document, and your previous residence permit, you can exercise your rights while waiting for the new residence permit.</p>



<p>“By law, you must submit your application starting on the third month before the end of your residence permit’s validity. If your application is not submitted within this deadline (e.g., during the last two months of validity), an additional fee of 180€ will be charged. You can renew your residence permit online up to nine months after its expiration date without having to pay an additional fee! After this period, you must contact your local prefecture.</p>



<p>“We hope we have answered your expectations and thank you for your patience.”</p>



<p>What was supposed to be a simplification of immigration procedures with the prefecture ends up being a maze for users and only helps the people working at the prefecture. Here is how I would describe the current situation.</p>



<p><strong>The prefecture</strong>&nbsp;is in charge of physically delivering the<em>&nbsp;carte de séjour&nbsp;</em>and still handles some procedures on its own. The tendency is that it does less and less as other platforms take over reviewing uploaded requests.</p>



<p><strong>ANEF</strong>&nbsp;(Agence National des Étrangers en France,&nbsp;<a href="https://ymlpcl1.net/3ee69uubjataewhsjaxajywaiajsew/click.php" target="_blank" rel="noreferrer noopener">https://administration-etrangers-en-france.interieur.gouv.fr/particuliers</a>) is where the vast majority of requests for renewal or change of immigration status are handled. For identification on its website, one uses the foreign ID number, officially called the AGDREF number. The foreigner has an account and, once logged in, can submit a request. Lately, the system has been asking users to change their password if it has not been used for several months.</p>



<p><strong>Démarches Simplifiées</strong>&nbsp;(<a href="https://ymlpcl1.net/20704uubbacaewhsjacajywafajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.demarches-simplifiees.fr</a>) is the other site dedicated to what are supposed to be “easy applications.” I have used it mostly for EU citizens’ spouses who want a<em>&nbsp;carte de séjour.</em>&nbsp;According to the site, the most common applications handled there are those related to:<br>Driver’s license<br>Shipping<br>Registration of a catering business<br>Professional cards of drivers for ride-hailing services (e.g. Uber)&nbsp;<br>Foreigners residing in France<br>Medals of honor</p>



<p><strong>The Agence Nationale des Titres Sécurisés, A.N.T.S.,&nbsp;</strong>(the&nbsp;<em>titres sécurisés</em>) deals with the vehicle registration certificate (the former<em>&nbsp;carte grise</em>), electronic and biometric passports, the national identity card, the electronic identity card, the electronic residence permit, the biometric visa and other identification and travel documents.</p>



<p>In my experience using these sites, for the public it is like going through a maze just to figure out which website has the procedure one needs. It is even more difficult when the procedure needed is not identified by one of the descriptions or icons found on the site.</p>



<p>The reviews by civil servants are done in a narrow-minded way. And often the platforms require more information or better explanations, which usually means submitting more documents, but when it is not possible to send anything else, it becomes difficult to comply with their requests.</p>



<p>Some of the procedures use what I call “prefecture logic” rather than what I consider common sense. For example, once I had some serious issues with this situation. The<em>&nbsp;carte de séjour « vie privée &amp; familiale »</em>&nbsp;is issued to the spouse of a<em>&nbsp;“passeport talent”&nbsp;</em>holder. So the normal and logical way would be to follow the path of the private life procedure. However, this is not the case as the procedure is done through the<em>“passeport talent”&nbsp;</em>one because it is linked to that status.</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 16th in the evening and re-opening on the morning of Monday, January 9th. 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>



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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/>BEING PACSED WITH A FRENCH CITIZEN AND UNABLE TO PROVE COHABITATION<em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am American and I have been in a relationship for seven years with a French citizen. I have been working in France for the same employer since November 2018 and I am currently holding the blue card as a carte de séjour, valid until 05/27/2025. I would like to quit my job and stay in France with my partner. We have lived uninterruptedly in France since November 2018. When I first lived in his apartment, I was afraid so I refused to have anything like the utilities or the internet account in my name. Of course, my pay slips and my bank statements mention this address. We have been PACSed since November 6th, 2020. We lived with his parents for most of 2021 waiting for our house to be finished. Because we bought jointly, everything is in both names. Is it possible to obtain a private life carte de séjour knowing that we do not have many months properly documented?</em></p></div></a></div>



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<div id="kt-info-box_471bf9-bd" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">There are several ways to address your situation. Overlooking some of them could create major problems in terms of securing your immigration status.<br/>Always keep in mind that you are the one asking for the <em>carte de séjour </em>and defining which type of card you want. That is going to be the theme of this entire answer: You are forced to choose one type over another.<br/>The starting point is that you will not be able to renew your blue card in 2025, but I sense that you do not want to wait that long to change.<br/>You understand that the prefecture, to issue a private life<em> (vie privée &amp; familiale) carte de séjour </em>linked to a PACS with a French citizen, requires proof of the continuity of the PACS relationship, including proof of living together for a minimum of one year. Proving that you have lived together, according to the prefecture requirement, means showing a minimum of one document per month, from a minimum of two sources, carrying both your names. The documents must come from reputable establishments. Examples include documents issued by utility companies, monthly statements from a joint bank account and joint income tax declarations.<br/><br/>Unless you prepared exceedingly well before going to live with his parents for so long, you will be unable to submit this level of proof for the past 12 months, which is the period for which the prefecture expects this level of documentation. It is fair to assume you will not be able to meet this requirement for a few more months, starting the day you moved into your new house. Now, if you carefully review all the documents you have from the period when you were guests, you may discover that you have enough to comply with this requirement. Otherwise, waiting until January 2023 may the wisest thing to do.<br/>But I assume you do not want to wait that long to quit your job. I understand your concern about securing your new immigration status and at least having the file ready before submitting your resignation. So I would like to review a second solution, less obvious and a lot more complicated to prove, but it considers the entire time you have lived together. Then the so-called missing year or so does not have the same impact.<br/>The legal provision for issuing a private life<em> carte de séjour </em>based on a PACS and living together is so vague that its interpretation depends on the situation.<br/>Article L313-11, § 7 of the Code of Entry and Residence of Foreigners and Right of Asylum concerns delivery of the private life <em>carte de séjour </em>to “a foreigner not living in a state of polygamy, who does not fall into the preceding categories or those that give rise to the right of family reunification, whose personal and family ties in France, assessed in particular with regard to their intensity, length and stability, the living conditions of the person concerned and their integration into French society, as well as the nature of their ties with the family remaining in the country of origin, are such that refusal to authorize their stay would infringe their right to respect for their private and family life in a manner disproportionate to the grounds for the refusal … . The integration of the foreigner into French society is assessed considering in particular their knowledge of the values of the Republic.”<br/>It was necessary to come up with two completely different interpretations of this provision. When it is linked to a PACS, the two critical things in this provision are:<br/>1 – the intensity of the personal and family ties (in your case, it is the existence of the PACS)<br/>2 – the length of time and stability, which the prefecture understands as a one-year minimum.<br/>That you can tell the prefecture, “If you don’t like the documents covering the past 12 months, how about these proofs of four years of living together before that?” It might not be the perfect way to prove stability for all those years, but at least you prove that your address in France matches his.<br/>It is critical to understand that this request has different legal grounds and therefore you have to put together a different file documenting it. Do not make the serious mistake of thinking that because it is grounded in the same provision, it is just a variation of the first one.<br/><br/>To avoid that error, this is how I would prepare the file.<br/>The first thing is a cover letter introducing your request. It starts by detailing and explaining how you comply with the first legal requirement and argues that being hosted is not sufficient reason to dismiss it. The second part focuses on the concepts of “length of time and stability” of the romantic relationship and its documentation. There are six years documented out of seven. You have all the documents in two names where you are living now. I strongly believe that the so-called missing year, 2021 is documented: to mention the most obvious examples, you have pay slips, and your phone bills. Also remember that for May 2021 and May 2022, your French income tax declaration mentions the PACS.<br/>This is what I see happening if you go to the Paris prefecture. Once your number is called you give the first file with the cover letter. The civil servant will probably ignore the letter at first because this procedure – PACS and proof of living together for a minimum of one year – does not usually require one. The conclusion of the initial review will be almost immediate, as the documentation will be inadequate. At that point you insist, pointing at the letter and showing that you have a second file. Chances are, the civil servant will then read the letter, take your second file and tell you to go back to the waiting room and that it is going to be a long wait. The double file will be reviewed by several people and go up several levels in the prefecture hierarchy. Eventually you will be called back and told that your request will be further reviewed, and that you will be informed when your new<em> carte de séjour </em>is ready. Under normal circumstances, you would leave the prefecture holding a<em> récépissé </em>or temporary paper ID covering the months needed to produce a new<em> carte de séjour. </em>In your case, however, since the expiration of your current card is in 2025, you would walk out of the prefecture with your current card and no official document to show that you have just made this request.<br/>All that being said, however, you hold a<em> carte de séjour </em>that is valid until 2025 and I see no reason for you to change immigration status. If you resign, you will not be entitled to unemployment benefits. (This is a side issue; you may be able to arrange a<em> rupture conventionnelle </em>or mutually agreed termination, which would allow you to receive unemployment and make your blue card last a little longer.) The bottom line is simple. If you wait until the prefecture calls you, if it even does so while your card is still valid, you then have an ever stronger file. So wanting a private life<em> carte de séjour </em>before you resign is the wrong way to approach the issue.<br/>I strongly believe that, first and foremost, you should arrange to leave the company holding your current card. Get the best deal possible when you go. Then you are free to do whatever you want, including nothing. Then when do you address the immigration issue? There are two possible scenarios:<br/>1 – The prefecture calls you before the expiration of your card and you show up with a file full of documents proving what by then is likely to be a lot more than one year of living together.<br/>2 – The prefecture never calls you and you change your immigration status shortly before your card expires in 2025, at which point your situation will be even better secured.<br/>What is really at stake here is whether you can carry what you consider to be a fake <em>carte de séjour</em> for which you do not qualify. But there is nothing fake or illegitimate about continuing to carry this card. Always bear in mind that the prefecture will know almost immediately that you are no longer working for this employer. If they do not call you in, it will be because they do not care about your situation. If they do not care, why should you?</p></div></a></div>



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<div id="kt-info-box_5877a9-34" 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/>HOW TO RENEW VISITEUR IMMIGRATION STATUS ONLINE<br/></h2><p class="kt-blocks-info-box-text"><em>I am a US citizen who has been living in Paris for the better part of this year on a one year tourist visa. As the visa is set to expire at the end of January, I’ve been trying to figure out what my options are to renew this visa and stay in France, but it’s very confusing to navigate the various processes. Can you explain how to do it?</em></p></div></a></div>



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<div id="kt-info-box_7aee35-43" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">I would like to explain a few things so you can follow the procedure after reading my answer. <br/><strong>1 – THE OFII PROCEDURE (registering the VLS-TS &amp; medical visit)</strong><br/>Registering with the French administration is the first thing you ought to have done when you arrived in France with your type of visa. Your immigration status has a name, mentioned on the visa:<em> visiteur. </em>Ordinarily you would have gone online and acknowledged that you arrived in France. This would lead to a physical appointment, often scheduled for several months later.<br/>If this happened to you, then you have the right to renew your immigration status and ask for a<em>carte de séjour,</em> a plastic card that will be your French immigration ID. If this did not happen, or if you tried and failed, the visa you are holding cannot be renewed.<br/><br/><strong>2 – THE DIFFERENCE BETWEEN THE PREFECTURE &amp; THE MINISTRY OF INTERIOR</strong><br/>Each of France’s 95<em> départements </em>has a prefecture that handles various procedures, one of them being immigration. Always start with your local prefecture when you want to do something with your immigration status.<br/>For Paris, go to the following page of the prefecture website to choose the procedure related to prolonging a legal stay: </p></div></a></div>



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<p><a href="https://ymlpcl1.net/0af8cuubyanaewhsjagajywafajsew/click.php" target="_blank" rel="noreferrer noopener">www.prefecturedepolice.interieur.gouv.fr/demarches/les-titres-de-sejour-ressortissants-non-europeens.</a></p>



<p>On that page, look for these words to renew your<em>&nbsp;visiteur&nbsp;</em>status:<br><em>Vous détenez un VLS-TS ou un titre de séjour mention « visiteur » et vous souhaitez le renouveler.<br>Procédure à suivre :<br>Cette démarche doit être déposée sur Internet.<br>Pour accéder à la démarche en ligne, cliquez ici.</em></p>



<p>When you click on the blue link, it will take you away from the prefecture website and to that of the interior ministry, which has a specific office handling such requests. You will land on the page at this URL:&nbsp;<br><a href="https://ymlpcl1.net/7118auuhsazaewhsjakajywakajsew/click.php" target="_blank" rel="noreferrer noopener">https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/.</a></p>



<p>After you ask to renew the status, it will go to another page:<br><a href="https://ymlpcl1.net/2c243uuhuaiaewhsjaxajywagajsew/click.php" target="_blank" rel="noreferrer noopener">https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/sejour/triage-demandeur.</a></p>



<p><em>Je sollicite ou renouvelle un titre de séjour pour :<br>Moi-même (à partir de 16 ans)<br>Et je suis titulaire d’un titre de séjour / VLS-TS<br>Et je suis titulaire uniquement d’un visa long séjour<br>Et je suis titulaire d’un numéro étranger sans titre de séjour<br>Un mineur bénéficiaire de la protection internationale de plus de 16 ans<br>Je continue</em></p>



<p>I hope you do not mind my going through all this, because your message does not say what kind of visa you have. That is why I identify the three organizations involved in this procedure:</p>



<p><strong>OFII&nbsp;</strong>is there at the beginning to give you your French foreign ID number when you register the visa. This number is critical for getting access to the ministry page called Étrangers en France (see below).</p>



<p><strong>The prefecture</strong>&nbsp;is the next place you go as a foreigner, as it is the location where you will pick up the plastic card called the<em>&nbsp;carte de séjour.</em></p>



<p><strong>Étrangers en France</strong>&nbsp;is where you send the documents proving that you meet the following requirements to renew the<em>&nbsp;“visiteur”&nbsp;</em>immigration status:<br>Enough financial means, proved with French bank statements<br>A French address, usually proved with utility documents<br>Proof of healthcare insurance valid in France, probably a private policy you bought to get the visa and later renewed.</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>Wheels Are Turnin’</title>
		<link>https://www.jeantaquet.com/wheels-are-turnin/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sat, 01 Oct 2022 07:00:23 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2678</guid>

					<description><![CDATA[October 2022 I&#8217;ve been sittin&#8217; back quietlyWatchin&#8217; as my spirit fadesAs all of my attempts to do rightlyGet treated like some kind of terrorist raidsMaybe I ask too much from youWell I ain&#8217;t gettin&#8217; too much in returnI&#8217;m doin&#8217; my best to love you babyBut the wheels are beginning to turnWhen you&#8217;re cut down to the [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><span style="color:#828282" class="color"><em>October 2022</em></span></em></h5>



<p>I&#8217;ve been sittin&#8217; back quietly<br>Watchin&#8217; as my spirit fades<br>As all of my attempts to do rightly<br>Get treated like some kind of terrorist raids<br>Maybe I ask too much from you<br>Well I ain&#8217;t gettin&#8217; too much in return<br>I&#8217;m doin&#8217; my best to love you baby<br>But the wheels are beginning to turn<br>When you&#8217;re cut down to the bone<br>You bleed, but it heals.&nbsp;<br>You hurt, still you must carry on<br>&#8216;Cause the wheels are turnin&#8217;, the feeling&#8217;s burnin&#8217;<br>The thrill&#8217;s returnin&#8217;<br>My soul is yearnin&#8217;, my heart is churnin&#8217;<br>The wheels are turnin&#8217; again<br>Maybe I&#8217;m actin&#8217; irrational<br>Hope I don&#8217;t hurt your heart<br>This whole problem is only geographical<br>I just need some kind of new start<br>And if I can&#8217;t get inspired &#8217;round here<br>I&#8217;m going out to the world and learn<br>There&#8217;s action in my soul tonight<br>I feel the wheels are beginning to turn<br>When you&#8217;re cut down to the bone<br>You bleed but it heals<br>You hurt still you must carry on<br>&#8216;Cause the wheels are turnin&#8217;, the feeling&#8217;s burnin&#8217;<br>The thrill&#8217;s returnin&#8217;<br>My soul is yearnin&#8217;, my heart is churnin&#8217;<br>The wheels are turnin&#8217; again<br>I remember the last time I got on one of these rolls<br>I learned all about the tolls that it takes<br>I get something in my mind, it begins to unfold<br>I get out in the cold, I can&#8217;t do what I&#8217;m told<br>I get out of control, I can&#8217;t hold on to the brakes<br>When you&#8217;re cut down to the bone<br>You bleed but it heals<br>You hurt, still you must carry on<br>&#8216;Cause the wheels are turnin&#8217;, the feeling&#8217;s burnin&#8217;<br>The thrill&#8217;s returnin&#8217;<br>My soul is yearnin&#8217;, my heart is churnin&#8217;<br>The wheels are turnin&#8217; again</p>



<p><strong>Wikipedia</strong><br><em>Wheels Are Turnin&#8217;&nbsp;</em>is the eleventh studio album by REO Speedwagon, released in November 1984. It is their second best-selling album. I like the band without being a true fan, especially their live album<em>&nbsp;You Get What You Play For,&nbsp;</em>released as a double-LP in 1977. I bought it in 1981 on the Notre Dame Campus in the USA when I was traveling during my summer vacation while attending law school in France. I very rarely saw their albums in Europe.</p>



<p>So my question could be:<br><strong>What is changing?</strong><br>If I had the time, I would share some of the interesting developments I have been following. So the campaigns for the Mid-term elections are mentioned ad nauseam in the media. I read of the sharp increase in the numbers of women registering to vote, and am intrigued by the possible influence of these votes on the final results of the elections.</p>



<p>The other topic which has been monopolizing airtime to an equal degree is the war in Ukraine. Even though I am always interested in studying the accounts of actual battlefield combat, I try to stay abreast of what can be learned more accurately from the Russian diaspora in nearby countries to better understand what is happening with the Russian people. This could determine the outcome of this war more than the military successes and defeats of the Russian Army on the ground. I am constantly reminded that on February 15th, 1989, the Soviet Red Army left Afghanistan because Russian mothers and wives of those soldiers rebelled.</p>



<p>So are the wheels turning, or is history repeating itself?</p>



<p><strong><span style="color:#5182FF" class="color">ABOUT THESE LAST WEEKS</span></strong><br>During the first part of August, I managed to have plans set up, and I scheduled things, thinking they were realistic. I learned of a death in the family on August 22nd just before it was time to re-open the office. That initial week was cut short to attend the funeral, which complicated starting the month of September. At the same time, my assistant Sarah traveled away from France to visit her family for several weeks. This left the office physically closed even though we were trying to work remotely as best we could. A Covid scare kept me home for a few days, disrupting my schedule once again. As a result I made serving my clients my utmost priority, which resulted in my not having the time to draft as comprehensive an issue as usual. About half of the topics I have chosen will appear in the November issue. This column is probably the shortest one in a decade for these reasons. Also, the renovations of the studio<strong> A SURVIVAL HOME IN PARIS</strong> were no longer a priority.</p>



<p><strong><span style="color:#5182FF" class="color">MY WEBSITE IS RECEIVING A COMPLETE MAKEOVER</span></strong><br>I started this discussion with my webmaster last June as my website design had become obsolete. He started working on it at the end of August. There have been some occasional problems with the current site. Since my email addresses and everything else have remained linked to the <a href="http://www.jeantaquet.com/">www.jeantaquet.com</a> URL address, I have had some feedback that there were emails that did not reach me. The new site should be finished by the end of November and will include pages for the rental of<strong> A SURVIVAL HOME IN PARIS</strong>.</p>



<p><strong><span style="color:#5182FF" class="color">PROGRESS TO REPEAL THE WINDFALL ELIMINATION PROVISION</span></strong><br>I believe that this is such critical information that I wanted to share it with my readership. Indeed I have received several requests to help clients with this when it is totally outside the realm of my professional expertise.</p>



<p>The entire text can be found on this page:<br><a href="https://ymlpcl1.net/96987uuumacaewbqsavaheqanajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.democratsabroad.org/repeal_wep</a></p>



<p>Democrats Abroad are encouraged by the advancement of the Social Security Fairness Act which would repeal the Windfall Elimination Provision (WEP). The WEP has unfairly and disproportionately impacted Americans abroad, particularly seniors who paid into Social Security and deserve to receive a fair amount in retirement. Some beneficiaries only learn of the WEP after they have retired, and the reduced benefits substantially affect their financial standing in later years.</p>



<p>You can find out more information about what Democrats Abroad are doing and how you can help repeal the WEP via these resources: Write and call your Members of Congress to ask them to help repeal the WEP:<a href="https://ymlpcl1.net/5ec03uuujaraewbqsakaheqacajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.democratsabroad.org/contact_your_congressional_representative_about_the_repealing_of_wep</a></p>



<p>Click here to sign up for the Seniors Caucus mailing list to stay in the loop on repealing the WEP:&nbsp;<br><a href="https://ymlpcl1.net/702b4uuubavaewbqsazaheqaxajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.democratsabroad.org/gsc</a></p>



<p>Read the WEP FAQ:&nbsp;<a href="https://ymlpcl1.net/6cc59uuuhaiaewbqsapaheqafajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.democratsabroad.org/wep_faq</a></p>



<p>Volunteer for the Seniors Caucus to help us repeal the WEP sooner:&nbsp;<a href="https://ymlpcl1.net/30d10uuuwaiaewbqsafaheqakajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.democratsabroad.org/gsc-volunteer</a></p>



<p><strong><span style="color:#5182FF" class="color">THE SECONDARY HEALTH INSURANCE POLICY CALLED<em> LA MUTUELLE</em></span></strong><br>A lot of changes have occurred regarding this matter. The last major piece of legislation forced employers to make sure that employees are covered with a policy. This is a great improvement as it enables the vast part of the population to be fully covered without deductibles and co-payments. At least, that is the theory. Real life is somewhat more complicated. Since these policies are normally issued by the private sector, there are huge differences between the various policies that are available. Also, the number of policies offered to the public is enormous, so much so that it is almost impossible to evaluate them all and even to identify all available policies!</p>



<p>So there are two common situations where one truly needs to check and compare those policies.</p>



<p>1 – When the new employee already has coverage and therefore can choose between the current one and the one offered by the employer. This is quite common since it is possible to be covered by the spouse&#8217;s employer&#8217;s policy.</p>



<p>2 – When the person is an independent professional and does not have access to a policy through a spouse or a partner.</p>



<p>A pitfall to avoid is not studying how the coverage is calculated. There are two very different ways to calculate the coverage of the proposed policy.</p>



<p>1 – One method is to establish a ratio of what is paid for by the basic system, i.e.&nbsp;<em>“Assurance Maladie&#8221;.</em>Ratios can be as high as 300% and even 400%. This means that the policy reimburses three and even four times the amount the public system pays. This looks wonderful but it is a trap – those ratios almost always apply to dental and optical costs, where the initial coverage can be 10% or about. Let me illustrate. New glasses cost 2,000€. The initial coverage is 100€. Therefore, the best coverage, 400%, pays you 400€. So the total amount reimbursed is 500€, and there is a 1,500€ co-payment. This policy does not cover much in this case.</p>



<p>2 – The other method is to establish a ratio of the actual cost that you are paying. This is often 50% or 60%. These figures do not look appealing at all. This said, look at the previous example: 2,000€x60%= 1,200€ and then you add the 100€. The total covered is 1,300€. It is not great but it is better by far than the previous one, which initially looked so good! This article from Le Monde goes deeper into such types of details.</p>



<p><a href="https://www.lemonde.fr/argent/article/2022/08/04/comment-choisir-son-assurance-sante_6137101_1657007.html?xtor=EPR-32280629-[a-la-une]-20220804-[zone_edito_2_titre_12]&amp;M_BT=49712429677091">https://www.lemonde.fr/argent/article/2022/08/04/comment-choisir-son-assurance-sante_6137101_1657007.html?xtor=EPR-32280629-[a-la-une]-20220804-[zone_edito_2_titre_12]&amp;M_BT=49712429677091</a></p>



<p><strong><span style="color:#5182FF" class="color">THE OTHER WAY TO GET EPHOTOS DONE</span></strong><br>In the November 2021 issue, I published the following comment on this topic:<br>&#8220;Furthermore, the visiteur immigration status also has its own procedure, going through this website:<br><a rel="noreferrer noopener" href="https://ymlpcl1.net/47af7uuuyaoaewbqsadaheqaoajsew/click.php" target="_blank">https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/espace-personnel/connexion-inscription.</a></p>



<p>There are several glitches, however: the system requires the applicant to create an account with an email address and password. It often happens that this kind of thing is done on the spur of the moment, but going through the procedure necessary to recover your password gets quite complicated, should you ever have the misfortune to forget it! Having experienced this with a few clients, I advise you to make sure you make a note of this information. The website also requires an ephoto, a new kind of passport picture. The photo comes with an ID Nº that goes into the uploaded file. One can have this ephoto taken in most &#8220;Photomatons&#8221;, the self-service photo booths found in public places including many metro stations in Paris. This means that the applicant must be physically present in France to get this done… a complication for many people. The only benefit of the site is that you can submit all the documents needed. We will see if this simplifies the meeting at the prefecture to confirm the request.&#8221;</p>



<p>I have plenty of things to say about this procedure for renewing the<em>&nbsp;carte de séjour&nbsp;</em>online. In short, if the documents are not exactly what they expect, the applicant must go through several rounds of submitting the new set of documents (i.e., often the same ones!) with a cover letter explaining the situation. It seems that no one in the prefecture even reads this letter when the documents are submitted the second and maybe the third time, too. It is extremely frustrating to me, because it has become close to impossible to have a request approved on the first try.</p>



<p>I would also like to comment on this November 2021 statement:<br>&#8220;This means that the applicant must be physically in France to get this done.&#8221;</p>



<p>I have recently found some websites where interested parties can have photos that were taken with a camera or a smartphone turned into ephotos.</p>



<p><strong>Passport Photo Online&nbsp;</strong><br>Rather than going to a professional photographer or photo booth, which can be more expensive and time-consuming, you can also choose our Passport Photo Online photo editing option. A quick and easy-to-use service that allows you to take your passport photo at home and send it to us for editing to get a professional result ready for your ID applications. You will then be able to choose the perfect photo that we will send back to you following the requirements of a passport photo by email (digital format) for a total of 5,95€ or directly by mail (printing) with our premium service at 9,95€.</p>



<figure class="wp-block-embed is-type-wp-embed is-provider-passport-photo-online wp-block-embed-passport-photo-online"><div class="wp-block-embed__wrapper">
https://passport-photo.online/fr-fr/blog/numero-ephoto/
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<p><a href="https://stores.photomaton.fr/fr/france-FR/paris/results?filters=titre_sejour&amp;postalCode=75001">https://stores.photomaton.fr/fr/france-FR/paris/results?filters=titre_sejour&amp;postalCode=75001</a></p>



<p><strong><span style="color:#5182FF" class="color">THE FINALIZATION OF THE &#8220;A SURVIVAL HOME IN PARIS&#8221; PROJECT WILL COME … EVENTUALLY</span></strong><br>Based on the situation as of September 30th, ideally the renovations should be completed in October, but in the worst-case scenario, the process could drag on into November. Unfortunately, I have no definitive information concerning what will happen in October.</p>



<p>I remind my readers of the kind of project I have in mind. The studio should ideally serve as temporary, comfortable lodging for someone who has either secured a long-stay visa or is submitting a request for one. It could also be for someone who wants to &#8220;test drive&#8221; living in France while within the 90-day Schengen regulation before taking the plunge – or not – of buying or renting somewhere on a longer-term basis. If there is one good piece of news about this project, it is that I am already getting requests to rent the place on a weekly basis. Thanks to these inquiries, I have discovered a couple more client profiles that could benefit from it. First, there are those who are stuck with the Airbnb type of rental and cannot get out of this type of rental contracts. They are concerned that a couple of weeks&#8217; rental contract will not be sufficient for the prefecture to issue a carte de séjour. Also, there are those who rent five to six months at a time and are stuck with either renting long-term and leaving their place empty for about half the year, or having to find a new place each trip. After 25 years of offering &#8220;A Survival Kit for Paris,&#8221; I will soon be able to propose &#8220;A Survival Home in Paris&#8221; to those who need it, as an extension of my services.</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 16th in the evening and re-opening on the morning of Monday, January 9th. 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>



<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_6a82ef-60" 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/>FRENCH FISCAL RESIDENCE AND THE 183-DAY RULE<br/></h2><p class="kt-blocks-info-box-text"><em>&#8220;We are Americans and we found this quote: &#8220;According to article 413 of CGI, you are a fiscal resident if you have a French visa; hence you will have to declare from the date you arrived in France through December 31st of that year covering your worldwide income, which includes your French and American ones!&#8221;</em><br/><em>What do you think of this answer? I believe that this is grossly incorrect. We have held a French visa for the last two years but stayed less than 183 days. I am asking because according to this quote, we have to declare. Can you explain.</em></p></div></a></div>



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<div id="kt-info-box_7dbe5c-6c" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">There is so much to unpack here that I need to address each issue separately first.<br/>Article 413 of CGI, states:<br/>“Any person who manufacturing processes, in the same municipality or two adjacent municipalities, sparkling wines by bottle fermentation, by the closed vat process, by the gasification process, or by only two of these processes, is required to submit a declaration to the administration for each of these manufactures.”<br/>The original version<br/><em>« Toute personne fabriquant, dans la même commune ou dans deux communes limitrophes, des vins mousseux à la fois par la fermentation en bouteilles, par le procédé de cuve close, par le procédé de gazéification ou seulement par deux de ces procédés, est tenue de souscrire à l&#8217;administration une déclaration de chacune de ces fabrications. »</em><br/>So clearly this is not the article you spoke of in your query.<br/>Now this is the right one:<br/><strong>Article 4A&amp;B</strong><br/>a. Persons who have their home or principal place of residence in France;<br/>b. Those who carry on the professional activity in France, whether salaried or not, unless they can prove that this activity is carried on as an accessory activity;<br/>The directors of companies whose head office is located in France and which have annual sales of more than 250 million euros are considered to carry on their professional activity principally in France unless they can prove otherwise. For companies that control other companies under the conditions defined in Article L. 233-16 of the French Commercial Code, the turnover is the sum of their turnover and that of the companies they control.<br/>The managers mentioned in the paragraph b. are understood to be the chairman of the board of directors when he is in charge of the general management of the company, the managing director, the deputy managing directors, the chairman, and members of the board of directors, the managers and other managers with similar functions;<br/>c. Those whose center of economic interests is in France.<br/><br/>2. Are also considered as having their tax domicile in France the agents of the State, the local authorities, and the hospital civil service who exercise their functions or are entrusted with a mission in a foreign country and who are not subject to this country to a personal tax on all their income.<br/><br/>The original version:<br/><em>1. Sont considérées comme ayant leur domicile fiscal en France au sens de l&#8217;article 4 A :<br/>a. Les personnes qui ont en France leur foyer ou le lieu de leur séjour principal ; </em><br/>b. Celles qui exercent en France une activité professionnelle, salariée ou non, à moins qu&#8217;elles ne justifient que cette activité y est exercée à titre accessoire ;<br/>Les dirigeants des entreprises dont le siège est situé en France et qui y réalisent un chiffre d&#8217;affaires annuel supérieur à 250 millions d&#8217;euros sont considérés comme exerçant en France leur activité professionnelle à titre principal, à moins qu&#8217;ils ne rapportent la preuve contraire. Pour les entreprises qui contrôlent d&#8217;autres entreprises dans les conditions définies à l&#8217;article L. 233-16 du code de commerce, le chiffre d&#8217;affaires s&#8217;entend de la somme de leur chiffre d&#8217;affaires et de celui des entreprises qu&#8217;elles contrôlent.<br/>Les dirigeants mentionnés au deuxième alinéa du présent b s&#8217;entendent du président du conseil d&#8217;administration lorsqu&#8217;il assume la direction générale de la société, du directeur général, des directeurs généraux délégués, du président et des membres du directoire, des gérants et des autres dirigeants ayant des fonctions analogues ;<br/>c. Celles qui ont en France le centre de leurs intérêts économiques.<br/><em>2. Sont également considérés comme ayant leur domicile fiscal en France les agents de l&#8217;Etat, des collectivités territoriales et de la fonction publique hospitalière qui exercent leurs fonctions ou sont chargés de mission dans un pays étranger et qui ne sont pas soumis dans ce pays à un impôt personnel sur l&#8217;ensemble de leurs revenus.</em><br/><br/><strong>1 – The 183-day stay per calendar year</strong><br/>This is one of the ways the tax office ascertains whether foreigners have chosen to have their home or principal place of residence in France. Using this definition, you could state that you are not a French fiscal resident and that your worldwide income does not therefore need to be declared in France.<br/><br/><strong>2 – Holding a French titre de séjour makes you a French immigrant</strong><br/>So this is where this first definition is revisited:<br/>a. Persons who have their home or principal place of residence in France;<br/>It is obvious here that French residency starts once you hold an immigration ID. After you renew it, you have bone fide French fiscal residency. Your first legal and therefore fiscal allegiance goes to France in all matters. Then the tax treaty between the two countries applies. You do not belong to the USA anymore, you are a French immigrant and an American citizen. The French immigration status called <em>&#8220;visiteur&#8221; </em>is just as much an immigration status as all the other ones.<br/>Common sense therefore states that as an immigrant you have your home or principal place of residence in France.<br/><br/><strong>3 – the old procedure at the prefecture for issuing and renewing the<em> titre de séjour</em></strong><br/>I would like to focus on holders of the<em> “visiteur” carte de séjour. </em>There is so much incorrect information out there about what the prefecture requires. In the guidelines issued by the Ministry of Interior, this immigration status requires applicants to provide the<em> avis d&#8217;imposition sur le revenue, </em>the French income tax statement issued by the French tax office. It also demands physical presence in France exceeding six months, and the applicant has to submit proof of residence. Should the prefecture find out that applicants have spent less than six months in France, it should and in many cases would immediately void their immigration right and tell them that they would have to leave France. The prefecture would ask for some explanation and in some cases, it would also ask for some documents proving the said explanation when it saw a presence in France lasting less than nine months. This illustrates the exceptional leniency the prefecture extends to North Americans as it never asks to see these French income tax documents in order to award<em> &#8220;visiteur&#8221; </em>immigration status.<br/>This explains why some North American foreigners very often believe that they can renew their immigration status while stating that they are not French fiscal residents. This said, it does not change the terms of the law.<br/><br/><strong>4 – the new uploading procedure of the prefecture </strong><br/>The screen to upload documents asks in very vague terms to prove the applicant’s financial means. It never mentions income tax documents. There is now enough of a track record to conclude that the procedure only asks for the last three months of French bank statements, instead of one year. Knowing this, it is now possible for North American foreigners to only spend about four months in France before uploading the file and asking to have the request approved. The prefecture issues a statement, a full document stating that the applicant can travel with it and the applicant’s expired<em> carte de séjour. </em>There is no need to stay after that. Eventually, it will be time to pick up the new card, which must be done before its expiration. This leaves a lot of time to do it. The prefecture will continue to scrutinize bank statements, so it is very easy to see from French debit card transactions whether the foreigner is in France or not.<br/></p></div></a></div>



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<div id="kt-info-box_5dfce6-c1" 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-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></a></div>
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		<title>Summertime Blues</title>
		<link>https://www.jeantaquet.com/summertime-blues/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Thu, 01 Sep 2022 07:05:35 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<category><![CDATA[Bank]]></category>
		<category><![CDATA[EMPLOYEE]]></category>
		<category><![CDATA[EU]]></category>
		<category><![CDATA[FISCAL STATUS]]></category>
		<category><![CDATA[HOME IN PARIS]]></category>
		<category><![CDATA[visa]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2637</guid>

					<description><![CDATA[September&#160;2022 Well, I&#8217;m a gonna raise a fuss, I&#8217;m gonna raise a hollerAbout workin&#8217; all summer just to try an&#8217; earn a dollarEverytime I call my baby, to try to get a dateMy boss says, no dice, son, you gotta work lateSometimes I wonder what I&#8217;m gonna do&#8216;Cause there ain&#8217;t no cure for the summertime [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><span style="color:#828282" class="color"><em>September&nbsp;2022</em></span></em></h5>



<p>Well, I&#8217;m a gonna raise a fuss, I&#8217;m gonna raise a holler<br>About workin&#8217; all summer just to try an&#8217; earn a dollar<br>Everytime I call my baby, to try to get a date<br>My boss says, no dice, son, you gotta work late<br>Sometimes I wonder what I&#8217;m gonna do<br>&#8216;Cause there ain&#8217;t no cure for the summertime blues<br>Well, my mom an papa told me, son, you gotta make some money<br>If you want to use the car to go ridin&#8217; next sunday<br>Well I didn&#8217;t go to work, told the boss I was sick<br>Now you can&#8217;t use the car &#8217;cause you didn&#8217;t work a lick<br>Sometimes I wonder what I&#8217;m gonna do<br>&#8216;Cause there ain&#8217;t no cure for the summertime blues<br>Ow<br>I&#8217;m gonna take two weeks, gonna have a vacation<br>I&#8217;m gonna take my problem to the United Nation<br>Well I called my congressman and he said quote<br>&#8220;I&#8217;d like to help you son, but you&#8217;re too young to vote&#8221;<br>Sometimes I wonder what I&#8217;m gonna do<br>&#8216;Cause there ain&#8217;t no cure for the summertime blues<br>Well, I&#8217;m a gonna raise a fuss, I&#8217;m gonna raise a holler<br>About workin&#8217; all summer just to try an&#8217; earn a dollar<br>Sometimes I wonder what I&#8217;m gonna do<br>&#8216;Cause there ain&#8217;t no cure for the summertime blues<br>Yeah, sometimes I wonder what I&#8217;m gonna do<br>&#8216;Cause there ain&#8217;t no cure for the summertime blues<br>No, there ain&#8217;t no cure for the summertime blues</p>



<p>The song&nbsp;<strong>“Summertime Blues”&nbsp;</strong>was recorded by the American rock and rockabilly artist Eddie Cochran and written by Cochran and his manager, Jerry Capehart. It was released in August 1958, originally as a single B-side..</p>



<p>Out of all the weeks I was supposed to be on vacation, I was away from Paris only during the last one. I saw and heard about calamities occurring in the USA, France and pretty much all over Europe this summer. My awareness of these tribulations made me choose this song. While my office was closed, I also had to deal with some hardships of my own.</p>



<p>Instead of information about how many people spent time in seashore resorts and how warm the sea was, this year we heard about wildfires all over France, and in many parts of Europe, as well as in areas generally not affected in the USA and Canada. We also heard about deaths from flooding and storms, as well as serious droughts. And this is just the news about the climate! The rest of the news, regardless of the topics, has been pretty gloomy, and one needs to scrutinize the media to find good news that inspires cautious optimism.</p>



<p><strong><span style="color:#5182FF" class="color">THE TAIWAN CRISIS</span></strong><br>In my November 2021 issue, titled “Cloudy,” I described my longtime interest in the modern history of Taiwan. As often happens with old civilizations, to understand what is happening today one needs to go back several centuries, and I have researched Taiwanese history from the 17th century up to the present. With some Far East nations, exploring history for several thousand years is necessary to decipher current situations, and I almost never see such an in-depth perspective in either the French or American media reporting about the current situation in Taiwan. Suddenly everyone has discovered the conflict that exists in the China Sea, yet the origins of the impasse began in 1949 when General Chiang Kai-Shek and his armies and followers found refuge on the island known as Formosa. Tensions were high in August 2022, with the media talking about war being imminent. But I doubt armed conflict will break out any time soon. The hope that journalists covering this situation will go back to 1996, the year of the first-ever direct and de facto democratic presidential election in Taiwan, is perhaps not very realistic in today’s environment, but should diligent journalists cover those events, people today would be better informed and take sensationalist journalism with a grain of salt. Nevertheless, I believe that Nancy Pelosi is well acquainted with the history of Taiwan in the past 26 years, and probably even longer, as she was militant about the Tiananmen Square protests held in Beijing, which occurred in 1989.</p>



<p><strong><span style="color:#5182FF" class="color">THE FINALIZATION OF THE “A SURVIVAL HOME IN PARIS” PROJECT&nbsp;</span></strong><br>The closing on the property on August 11th almost did not occur, as few of the parties concerned were in town except our family. Based on the situation as of August 31st, it would be quite optimistic to envision the first guest moving in on November 1st. The renovation should be completed in September but the delivery of the furniture is going to take about two months and, as my regular readers know, whatever is done in August does not count, as the factories are closed. I will use my Facebook account and the October issue to keep people informed about the exact date when everything will be ready.</p>



<p>I remind my readers of the kind of project I have in mind. The studio should ideally serve as temporary but comfortable lodging for someone who has either secured a long-stay visa or is submitting a request for one. It could also be for someone who wants to “test drive” living in France while on a 90-day Schengen regulation before taking the plunge – or not – to buy or rent somewhere on a more long-term basis. After 25 years of offering “A Survival Kit for Paris,” I will soon be able to propose “A Survival Home in Paris” to those who need it, as an extension of my services.</p>



<p>These are the guidelines to accommodate this project:</p>



<p>Rentals will be for a minimum of two months, maximum of six months. This is meant to be the first step toward settling in Paris, or for people who have a serious interest regarding France.</p>



<p>The monthly rent is 1,200€, all included (internet access, utilities and so on), with payment for the duration of the rental period due when the reservation is made.</p>



<p>The security deposit of the same amount, 1,200€, is added to the rent payment.</p>



<p>This is a no-smoking, no-pet place.</p>



<p>My website should soon have a section dedicated to the apartment so that reservations and payment can be done online.</p>



<p>Given the size of the studio – 329 square feet (30 square meters) – and the way it is set up, it is ideal for a single person. It might be considered a tad too small for a couple by American standards: there is just one room, which includes the kitchen, and only the bathroom is separate.</p>



<p>The two walk-throughs cost 150€ each and the initial one includes as such a one-hour session with my assistant, Sarah, for advice and guidance to help with the stay aside from showing the studio, its appliances, and other things.</p>



<p>While this rental business is totally separate from my consulting business, I expect many of the guests will have been my clients earlier, so the two lines of service can coexist.</p>



<p><strong><span style="color:#5182FF" class="color">EU INFORMATION FOR VISITORS: ETIAS AND STAYING AFTER PERMISSION EXPIRES</span></strong><br>I discovered two breakthroughs have come from the EU administration.</p>



<p><strong>ETIAS</strong><br>What I believe to be the more important of the two concerns the planned European Travel Information and Authorization System (ETIAS).</p>



<p>Currently citizens of 63 countries that are not in the European Union (EU) can enter the EU’s Schengen area without a visa. The USA is one of these countries.</p>



<p>ETIAS will be a completely electronic system that allows and keeps track of visitors from these countries. It resembles the Electronic System for Travel Authorization (ESTA), which serves a similar purpose in the USA.</p>



<p>The legal process to create ETIAS started in 2016. The system is expected to be fully operational in May 2023, but not mandatory until the following November. Currently there is still some uncertainty regarding the timing of its implementation.&nbsp;</p>



<p>ETIAS will make a detailed security check of each applicant to determine whether they are allowed to enter a Schengen country. This procedure applies to those who do not need a visa for travel of up to 90 days in the EU. ETIAS will gather, keep track of and update information to make sure they are not a security threat. It will also monitor precisely who is overstaying the 90-day limit inside the Schengen area.</p>



<p>People who are applying for or renewing an immigration status do not need to request ETIAS.</p>



<p><a href="https://ymlpcl1.net/81b9eusyqazaewbbbadahhbafajsew/click.php" target="_blank" rel="noreferrer noopener">www.schengenvisainfo.com/etias</a></p>



<p><strong>Staying after a visa or other permission has expired</strong><br>I am often asked about this second issue. My answer has always been that at the end of the immigration right documented by a visa, carte de séjour or other document, the illegal stay starts. At the same time, especially in France, there is a certain tolerance for stays beyond that date. The European Commission has issued a statement that recognized this right to overstay the expiration date of an immigration status at the EU level, which I have been calling “tolerance”.</p>



<p>Here is the statement given by Dimitris Avramopoulos, then EU Commissioner for Migration, Home Affairs and Citizenship. on behalf of the Commission on March 13th, 2015, to an EU Parliament question:</p>



<p>“The Commission confirms its reply of 16 December 2014 on the same issue (E-007775/2014). Consecutive stays beyond 90 days in a Member State (such as a continuous stay without interruption right after the expiry of a long‐term residence permit) are not regulated by the Schengen acquis.</p>



<p>“According to Article 5(1a) of the Schengen Borders Code, the periods of stay authorized under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of short-stay on the territory of the Schengen Member States (when assessing the compliance with the 90 days in any 180-day rule provided by the EU/Schengen acquis). This provision thus allows visa-free third-country nationals (such as US citizens) legally to remain in the Schengen area and visit the other Schengen Member States than the one that issued the residence permit; they can start ‘consuming’ their 90 days visa-free ‘tourist’-stay without leaving and re-entering the Schengen area.</p>



<p>“However, this provision does not allow for a continuous, uninterrupted stay in the Member State that issued the residence permit. As already stated, that would require a successful application for the prolongation/extension of stay from the Member State that issued the permit, which is obviously to be arranged before the expiry of the permit. Finally, it is to be noted that the EU/Schengen acquis does not prevent the Member States from prolonging the stay (extending the validity of the permit) for less than 90 days. The overall duration of stay matters, when, as is the case in the example discussed here, this is more than 90 days, national law applies.”</p>



<p><a href="https://ymlpcl1.net/007d5usyyaiaewbbbafahhbaoajsew/click.php" target="_blank" rel="noreferrer noopener">www.europarl.europa.eu/doceo/document/E-8-2015-000886-ASW_EN.html</a></p>



<p>The parliamentary question, reference E-007775/2014, to which the first paragraph refers, was as follows:</p>



<p>“In the Commission’s view, is it possible for a third‐country national residing in an EU Member State based on a long‐term residence permit to then, once that permit has expired, remain without interruption in that same Member State based on the rules on staying in the Schengen Area — i.e., 90 days out of 180 days? If not, would it be necessary for that foreign national to leave the Member State of residence as soon as possible and then re‐enter since the relevant provisions connect the right to remain on the territory with the ‘arrival’ in that territory?</p>



<p>“This question mainly concerns third‐country nationals (i.e., non-European) for whom compulsory EU visa programs are in place.”</p>



<p><strong><span style="color:#5182FF" class="color">THE RIGHT TO OPEN A FRENCH BANK ACCOUNT IS NOW EASIER TO ENFORCE</span></strong><br>As of June 13th, 2022, people who apply for a bank account and do not receive a reply within 15 days of their application can turn immediately to the Banque de France, which will designate a bank close to the applicant’s home. This procedure is open to any person residing in France or other EU country, any French person residing abroad and certain applicants who are not allowed to use a bank.</p>



<p>A decree published on March 13th, 2022, in the Journal Officiel simplified the procedure for people who do not have a deposit account and cannot obtain one from the institutions they have applied to. The objective is to modify the deadlines in the procedures concerning the right to an account and improve follow-up.</p>



<p>A person without an account who has not received a response from the bank contacted within 15 days may refer the matter to the Banque de France by providing proof of their application in the form of an acknowledgment of receipt of the registered letter sent to the banking establishment or a receipt for hand delivery of the request.</p>



<p>The implicit refusal system that came into force on June 13th, 2022 replaced the certificate of refusal to open an account that the bank concerned had to produce. It was sometimes difficult or even impossible to obtain this certificate. Now one only has to refer the matter to the Banque de France to assert one’s right to an account.</p>



<p>Within one working day of the referral, the Banque de France designates a bank near the applicant’s home or other place of their choice. Within three days of this designation, the bank chosen must provide the customer with the documents required to open an account.</p>



<p>The designated institution is not obliged to open an account, but it must inform the Banque de France of the reason for any refusal. It must also inform the Banque de France if it subsequently terminates the account management agreement opened under this process.</p>



<p>The designated bank must provide the following basic services:</p>



<ul class="wp-block-list"><li>&#8211; opening, maintaining and closing the account,</li><li>&#8211; issuing bank identity statements on request called RIB, which has the IBAN of the account,</li><li>&#8211; effecting direct debit of bank transfers,</li><li>&#8211; sending a monthly statement of transactions on the account,</li><li>&#8211; carrying out cash operations,</li><li>&#8211; providing checkbooks and bank transfers,</li><li>&#8211; carrying out cash deposits and withdrawals at the counter or ATMs,</li><li>&#8211; making payments by direct debit, interbank payment orders or bank transfers,</li><li>&#8211; providing a means of remote consultation of the account balance,</li><li>&#8211; furnishing a bank card and authorizing its use,</li><li>&#8211; providing two bank check forms per month or an equivalent means of payment offering the same service..</li></ul>



<p>Established by article 58 of the law of January 24th, 1984, on the activity and control of credit institutions, the right to a bank account is open to any individual or legal entity residing in France, to any individual requesting an account for non-business purposes and residing in another EU country and to any French person residing abroad. Applicants who are banned from banking, registered in the file of personal credit incidents or the central checks file, or in an overdraft situation may also exercise this right.</p>



<p><a href="https://ymlpcl1.net/64993uussavaewbbbaoahhbarajsew/click.php" target="_blank" rel="noreferrer noopener">www.service-public.fr/particuliers/actualites/A15560</a></p>



<p><strong><span style="color:#5182FF" class="color">MY FEES ARE INCREASING ON SEPTEMBER 1st, 2022</span></strong><br>1st meeting/1st work: 350 euros for 2 hours&nbsp;<br>Extra per hour: 150 euros&nbsp;<br>Handling mail in my office: 50 euros per month&nbsp;<br>Handling mail at my home: 60 euros per month&nbsp;<br>Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation&nbsp;<br>Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.</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_6a82ef-60" 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/>MOVING BELONGINGS TO FRANCE AND FRENCH CUSTOMS REGULATIONS<br/></h2><p class="kt-blocks-info-box-text"><em>After completing my two-year master’s at the University of Rennes next month, the university has helped us obtain a two-year extension to our passport-talent visas from the prefecture.<br/>Now that my immigration situation is under control, my wife and I would finally like to move our household possessions to France &#8211; they have been in storage in the United States since I started living in France.<br/>We have started working with an international moving company who will handle processing the container through French customs, but they need us to provide an Attestation de non-cession and to get a Certificate of Change of Residence from the French Consulate, if I understand correctly.<br/>We need to explain to the consulate/customs authorities that, even though we have been physically in France longer than 12 months already, it has not been our résidence normale as defined by Les franchises douanières et fiscales de droit commun à l’importation, which states that La fréquentation d’une université ou d’une école n’implique pas le transfert de la résidence normale.<br/>This said, we understand that the French consulate via the process of requesting a Certificate of Change of Residence should deny us such documents, based on the fact that I am holding a passeport talent visa. I also studied the document issued by French customs called Les franchises douanières et fiscales de droit commun à l’importation.<br/>We have avis d’impots and have paid the taxes d’habitation for each of the three years during which I had passeport talent immigration status. Based on my research, these French fiscal documents would be refused by the French consulate as part of processing my Certificate of Change of Residence.Please let us know if you can provide that type of assistance, or if you need more information.</em></p></div></a></div>



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<div id="kt-info-box_7dbe5c-6c" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">You have misunderstood the issue. There is an exceptional procedure during the first year, documented by the Certificate of Change of Residence. This document is needed in the first year because the immigrant cannot prove his French fiscal residence. It is also legally assumed that this is your stuff and therefore French customs clear it automatically. Then there is the normal procedure, where the immigrant is a French fiscal resident and moves his belongings, clearing French customs with his French tax documents. In that case, the legal assumption that this is a commercial transaction applies until proved otherwise. This is done by showing the bills related to moving your stuff in storage, and the ones for keeping it there. Indeed, doing this is how you prove that your belongings are being sent from your previous primary residence in the USA and are going to your new French primary residence.<br/>Most people move their household goods here quickly, as they need them in France right away. So for moving companies, the norm in their industry is to clear the things using the Certificate of Change of Residence. But you qualify for the normal procedure, which is to move the belongings from your American primary residence, now in storage, to the French primary residence defined by your French fiscal documents. The moving company should have no problem using them. If this is not the case, quote the law of which you have mentioned some excerpts in your question. Here is what I propose you do to get ready:<br/>1 – Remind them that the Certificate of Change of Residence would have been asked for during the first year of your French immigration residence.<br/> <br/>2 – Tell them French customs law states there is a normal way to import your things. Then give them the following quote from the document you have.<br/>“Individuals who have been established for at least twelve consecutive months in a third country and who transfer their normal residence to French territory may import their personal property free of duties and taxes, subject to the exclusions provided for in point 2.2.<br/>“The concepts of personal property, third country, and normal residence are defined in the introduction to this instruction.<br/><strong>“2. Scope of application<br/>2.1 Conditions relating to the property</strong><br/>The personal property must have borne the customs and/or tax charges for which it is normally liable, either in the country of origin or in the country from which it comes. Invoices may be requested by the customs office. The beneficiary must provide proof either of their acquisition including all taxes in the country of origin or of the payment of import duties and taxes in the country of origin.<br/>“The goods imported into France must be intended for the same use as before they were imported and must not, by their nature or quantity, reflect any commercial concerns.<br/> <br/><strong>“2.2 Conditions relating to the beneficiaries of the exemption<br/>➢ Possession</strong><br/>The waiver applies to personal property in the possession of the beneficiary and used by him for at least six months before the date on which he ceased to have his normal residence in the third country of origin.<br/>“The benefit of the exemption is not limited to property that was part of the assets of the person concerned for at least six months before the change of residence but also concerns other property over which the person exercised, during that same period, effective and real control, irrespective of whether or not that person was the owner.<br/>“Example: a vehicle made available exclusively to an individual by his employer with a right of first refusal on the vehicle.<br/>“The six-month prior possession of vehicles and high-value goods must be justified (production of the purchase invoice or registration certificate for vehicles or lease contract with purchase option or any other equivalent document).<br/>“In addition, goods admitted duty-free may not be lent, pledged, hired out, or transferred for valuable consideration or free of charge before the expiry of a period of twelve months calculated from the date of acceptance of the declaration of release for free circulation following the general provisions.”<br/>Based on your declaration, you qualify for provision 2.2, “Conditions relating to the beneficiaries of the exemption”<br/> <br/>3 &#8211; Your French fiscal residence is the address where the movers will deliver your possessions. You have a long-standing French fiscal residence, and it will play a major role in this procedure.<br/>You prove your French primary residence by showing<em> taxe d’habitation </em>bills in your name and ideally with the last French income tax bill<em>, the avis d’imposition sur les revenus</em>.<br/></p></div></a></div>



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<div id="kt-info-box_a678a6-c1" 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/>EMPLOYEE IMMIGRATION STATUS<br/></h2><p class="kt-blocks-info-box-text">I am looking for some advice regarding my immigration status. I moved from the USA a couple of years ago with an employee/salarié visa. I am currently holding a carte de séjour salarié I got last year. I have still the same employer who sponsored me in the first place. I now have a CDI, and I am renewing to receive a four-year carte de séjour salarié. I would like advice regarding changing employers once this new carte de séjour salarié has been issued.</p></div></a></div>



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



<p>The answer is simple: yes, you will be able to change employers, without running any risk of losing your immigration status, one year into the coming four-year<em>&nbsp;carte de séjour salarié.</em></p>



<p>I would like to explain why. This explanation may go beyond the core of your concern, but I want to make sure you see the correlation between being an employee in France and the various immigration statuses linked to French employment.</p>



<p>The<em>&nbsp;salarié&nbsp;</em>category includes<em>&nbsp;travailleur temporaire&nbsp;</em>when it is a fixed contract<em>&nbsp;(CDD, contrat à durée déterminée)&nbsp;</em>lasting at least six months, and<em>&nbsp;salarié&nbsp;</em>when it is an open-ended contract<em>&nbsp;(CDI, contrat à durée indéterminée).&nbsp;</em>It is also possible to get one of the ten sub-categories of the<em>&nbsp;passeport talent&nbsp;</em>category. Of the two most relevant ones, the first is<em>&nbsp;jeunes diplômés qualifiés salariés ou salariés d’une jeune entreprise innovante,&nbsp;</em>i.e. qualified graduates who are employees, or employees of a start-up company. The requirements are having a gross annual salary of €40,295 as of August 1st, 2022, and an open-ended or fixed-term employment contract of at least three months with a French employer, and holding a master’s degree or equivalent obtained in France.</p>



<p>The other obvious sub-category is<em>&nbsp;travailleurs hautement qualifiés (carte bleue européenne),&nbsp;</em>i.e. highly qualified employees (European blue card). The requirements are an open-ended or fixed-term employment contract of at least one year with a French employer, a French or foreign diploma certifying at least three years of higher education or documents proving five years of professional experience in the field at a comparable level, and a gross annual salary of €53,836.50 as of August 1st, 2022.</p>



<p>Depending on the details of the job you will be getting, you can hold one of those three types of status. You can keep the one you are about to get, which is<em>&nbsp;salarié,&nbsp;</em>or get one of the two I just mentioned.</p>



<p>Now I would like to review the specific right to work as an employee. There are two different situations. Either your future job fits the<em>&nbsp;carte de séjour salarié&nbsp;</em>or you will get one of the<em>&nbsp;passeport talent&nbsp;</em>sub-categories.</p>



<p>If it is<em>&nbsp;carte de séjour salarié,&nbsp;</em>your right to work as an employee is totally secured once you have had it for two years or more. The right linked to<em>&nbsp;travailleur temporaire&nbsp;</em>is different from<em>&nbsp;salarié.</em>&nbsp;Since you already have one-year seniority with<em>&nbsp;salarié,&nbsp;</em>you need to wait one year with the new card before you fully secure this right, according to the regulation linked to this status.</p>



<p>NB: if you change employers during the first year of validity of the card, the law states that a request to renew the<em>&nbsp;carte de séjour&nbsp;</em>will be automatically refused. If you change employers during the second year of validity, the law states that you need to submit a new file asking for the right to work, as the French administration can veto this procedure depending on the unemployment rate in your field.</p>



<p>However, if you change employers during the third year, the employee right is fully secured and you do not risk anything. But although the right is secured, your new employer still needs to submit a request related to the right to work as an employee, using the website dedicated to working in France:&nbsp;<a href="https://ymlpcl1.net/73da6uusuafaewbbbagahhbadajsew/click.php" target="_blank" rel="noreferrer noopener">https://administration-etrangers-en-france.interieur.gouv.fr</a></p>



<p>If your new job gets you a<em>&nbsp;passeport talent carte de séjour,&nbsp;</em>on the other hand, you will submit a request to the prefecture to obtain that card, and the right to work as an employee will be fully secured this way.</p>
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<div id="kt-info-box_5dfce6-c1" 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-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></a></div>
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		<title>Nothing Else Matters</title>
		<link>https://www.jeantaquet.com/nothing-else-matters/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Fri, 01 Jul 2022 06:47:26 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<category><![CDATA[AR24]]></category>
		<category><![CDATA[HOME IN PARIS]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2038</guid>

					<description><![CDATA[July-August&#160;2022 I would like to wish you all you a great summer and a very nice vacation,&#160;enjoying the freedom of the moment.I will close my office on July 8th So close, no matter how farCouldn’t be much more from the heartForever trusting who we areAnd nothing else mattersNever opened myself this wayLife is ours, we [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><span style="color:#828282" class="color"><em>July-August&nbsp;2022</em></span></em></h5>



<h4 class="wp-block-heading"><strong>I would like to wish you all you a great summer and a very nice vacation,&nbsp;enjoying the freedom of the moment.<br>I will close my office on July 8th</strong></h4>



<p>So close, no matter how far<br>Couldn’t be much more from the heart<br>Forever trusting who we are<br>And nothing else matters<br>Never opened myself this way<br>Life is ours, we live it our way<br>All these words, I don’t just say<br>And nothing else matters<br>Trust I seek and I find in you<br>Every day for us something new<br>Open mind for a different view<br>And nothing else matters<br>Never cared for what they do<br>Never cared for what they know<br>But I know<br>So close, no matter how far<br>It couldn’t be much more from the heart<br>Forever trusting who we are<br>And nothing else matters<br>Never cared for what they do<br>Never cared for what they know<br>But I know<br>I never opened myself this way<br>Life is ours, we live it our way<br>All these words, I don’t just say<br>And nothing else matters<br>Trust I seek and I find in you<br>Every day for us something new<br>Open mind for a different view<br>And nothing else matters<br>Never cared for what they say<br>Never cared for games they play<br>Never cared for what they do<br>Never cared for what they know<br>And I know, yeah, yeah<br>So close, no matter how far<br>Couldn’t be much more from the heart<br>Forever trusting who we are<br>No, nothing else matters</p>



<p><strong>“Nothing Else Matters”&nbsp;</strong>is a song by the American heavy metal band Metallica. It was released in 1992 as the third single from their self-titled fifth studio album, Metallica.</p>



<p>I am not a fan of this band. This said, the members are good musicians and I understand why it is so popular. I have been thinking about a lot of things that have been happening which will have a profound impact on our life and the next generation.</p>



<p>Was I wrong in early June to think I could write about my projects for this summer, with sunshine and heat waves? How quickly things can change with just a decision here, an election there, a ruling here or even a hearing there. It immediately darkened my writing. As I get older – and I am writing four days before my birthday – I continue to have optimistic energy, against all odds. I have no idea what will be happening in France or in the USA when I reopen my office in late August. I just believe that I will have scheduled appointments for my clients, that the renovation will go well and that my family members and close friends will be well. I learned very early in life that there is no alternative to optimism, to having visions for the future, believing in goals and achieving them. So nothing matters more than building a better world one day at a time, with the skills I have, for my family, my friends and the community.</p>



<p><strong><span style="color:#5182FF" class="color">NEWS FROM THE USA</span></strong><br>I was hoping to draft a summertime issue, lightweight, thinking about lazy days and nice weather. I had found a couple of interesting issues peripheral to major media coverage. Then, nearly at the deadline, so much happened. I need time to absorb, understand and comprehend what is happening. Looking at this as a French citizen living in France, even with my very best effort, makes all of this very alien to me. I hope that I will have gained some understanding and clarity regarding these issues.</p>



<p><strong><span style="color:#5182FF" class="color">THE LATEST FRENCH ELECTION IS ANOTHER EARTHQUAKE&nbsp;</span></strong><br>Once the final results of the June parliamentary election were known, we all understood that something major had happened. At the creation of the Fifth Republic and its Constitution, the goal was to always have a solid majority enabling the government to carry out its policy. In General de Gaulle’s mind, the president-elect has a majority in the parliament, and the prime minister and government have the trust and the support of the Assemblée Nationale, the French House of Representatives. This constitution worked well even during the first “cohabitation” from March 1986 to May 1988 between the liberal President François Mitterrand and the conservative Prime Minister Jacques Chirac. There was a second one from March 1993 to May 1995 between President Mitterrand and the conservative Prime Minister Édouard Balladur, and a third one from June 1997 to April 2002 between President Chirac and the liberal Prime Minister Lionel Jospin. Thus at the very least we know how it might work should President Macron choose a prime minister capable of obtaining the trust and support of the Assemblée Nationale. The reason so many are looking at these precedents is that President Macron’s party does not have a majority and all the other parties want to be the opposition. Two things are needed that nobody right now sees as happening: finding someone who can be the right prime minister in this situation and finding a way to pass legislation when the majority of the&nbsp;<em>députés,&nbsp;</em>or representatives, oppose the president’s policies. To make the situation worse, the next biggest coalition is clearly and proudly liberal, and coming in third is the far right.</p>



<p>The vast majority of EU member countries hardly ever have a straight one-party majority and so are used to forming coalitions, some of them can last for years and are stable. But for France this is unknown political territory. The country will be in search of an improbable government unless people start having meaningful political discussions and governmental negotiations.</p>



<p><strong><span style="color:#5182FF" class="color">STATELESS PEOPLE MOVED TO THE USA FROM THE USSR</span></strong><br>A reader writes about his grandparents:<br>“I thoroughly enjoyed your essay below about Ellis Island, the more so because three of my grandparents passed through there (1906, 1911 and 1913) on their way to live in America. When my paternal grandfather became a US citizen in 1923, his two surviving children back in Russia were able to enter the US in 1925 without stopping at Ellis Island since they had received US citizenship by way of their father. They were carrying Nansen passports issued [to stateless people] by the League of Nations. Apropos of the times, one side was in French and the other in Russian.”</p>



<p><strong><span style="color:#5182FF" class="color">A FRENCH HIGH COURT RULES AGAINST THE 100% DIGITAL IMMIGRATION PROCEDURE</span></strong><br>Over a year ago, I noted that the prefecture’s rapid move to digital procedures could entail significant benefits for many foreigners as long as cases are clearly defined, the information is readily available and the applicant makes no mistake filling out the form or uploading the documents. At the same, it enormously complicates everything when the situation and therefore the documents do not perfectly align with the software used by the prefecture, with the Démarches Simplifiées or with Étrangers en France websites. Since there is no way to discuss the case with the people handling the request, answers to emails are cryptic (but may give some valuation information) or do not address all the issues. Furthermore, for some regularization procedures it is impossible to get through and secure an appointment. The system seems to be intentionally designed that way.</p>



<p>All this explains why the Conseil d’Etat, the country’s highest administrative court, ruled against the administration, determining that it was illegal to go completely paper free for immigration procedures, especially those of the prefecture.</p>



<p>Here is a translation of a statement published by the immigrant support group GISTI on June 9th, 2022.</p>



<p>“Following litigation brought by our organizations against the dematerialization of procedures applicable to foreigners, the Conseil d’Etat confirms the illegality of online appointments imposed without alternative and rules that the digital procedures for residence permit applications, i.e., ANEF (Administration Numérique pour les Étrangers en France/Digital Administration for Foreigners in France), are illegal as currently coded: the authorities must provide an alternative solution if the digital procedures cannot be used.</p>



<p>“But the council validated a discounted alternative that may not be sufficient in practice in the absence of real means to receive and accompany all applications for residence permits.</p>



<p>“This is a victory for our organizations: a large number of the online-only procedures imposed by prefectures on foreigners for several years are illegal because they are mandatory.”</p>



<p>Here is the link to the actual decision on the Conseil d’Etat website:<br><a href="https://ymlpcl1.net/33f8cusquataewbuwaoabymaxajsew/click.php" target="_blank" rel="noreferrer noopener">www.conseil-etat.fr/actualites/demarches-administratives-en-ligne-le-conseil-d-etat-fixe-un-cadre-general-et-se-prononce-sur-les-demandes-de-titre-de-sejour</a></p>



<p><strong><span style="color:#5182FF" class="color">A FRIEND IS SELLING HER HOUSE IN NORMANDY</span></strong><br>My former colleague at Alliage SARL is selling a single house measuring 70 square meters (754 square feet), on a plot of 4,500 m² (48,438 sq. ft.) with a garage. It is located 4 km (2.5 mi.) from Orbec (Calvados) and 6 km (3.7 mi.) from Broglie (Eure). It is 20 km (12.5 mi.) from Bernay (which has a train station connecting with Paris Saint-Lazare, 150 km/93.2 mi. away) and 25 km (15.5 mi.) from Lisieux. On the ground floor, there is a veranda opening to the garden, a kitchen/dining room with a fireplace, a bathroom, a closet, a small room and a cathedral lounge with a fireplace. Upstairs are two bedrooms and a 15 m² (162 sq. ft.) loft. Pictures and more detail are available upon request.</p>



<p><strong><span style="color:#5182FF" class="color">THE “SURVIVAL HOME IN PARIS” PROJECT FACES AUGUST IN FRANCE!</span></strong><br>As I have mentioned in previous issues, I plan to eventually rent out the 30 m2 (almost 329 sq. ft.) studio apartment I am acquiring next to my office. We are still on track to close in mid-July, possibly after Bastille Day, July 14th. As many know, France starts falling asleep then for the summer and only reemerges at the end of August. I chose a local contractor with a small team whose shop closes during August, so the renovation will start on Monday, August 22nd! This brings to mind childhood memories of watching my father close the roughly 100-year-old woodworking shop, run by his family for four generations, by locking down the shutter for the entire month of August.</p>



<p>My goal for the studio was to start renting it out sometime in September. In the end, it would be optimistic if it happens on October 1st. I feel reassured about this project, as I have already received a few premature rental requests. Aside from the renovation itself, I am researching the sleeping arrangement and the light fixtures. Such a large studio is suitable for a single person or a couple. I intend to rent it by the month for between one and six months at a time. My September issue should say when I will start taking reservations.</p>



<p>The more I work on this project, the more I feel it is a natural continuation and extension of the services rendered by A Survival Kit for Paris. “A Survival Home in Paris” also fits well into my eventual retirement plans, by which time the rental business will have been in operation for several years, and I am hopeful that it will running smoothly.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR SUMMER VACATION</span></strong><br>For once I can disclose this information. The office will be closed for six weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. But I expect to remain in Paris, and probably in the office, since I want to have everything planned and ready when the renovation starts. I also need to put in place the team I need to run this project, even though the guest turnover will be slower than that of the standard vacation rental.</p>



<p>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">MY FEES WILL INCREASE ON SEPTEMBER 1st, 2022</span></strong><br>I continue to slowly move toward working fewer hours in the hope of having a lifestyle more compatible with my age. As I have done in the past, I am once again scheduling an increase in my fees. I expect my assistant to continue to pick up more tasks linked to the URSSAF, CPAM and other public offices procedures. She already handles most dealings with the offices who register self-employed people.&nbsp;<br>1st meeting/1st work: 350 euros for 2 hours&nbsp;<br>Extra per hour: 150 euros&nbsp;<br>Handling mail in my office: 50 euros per month&nbsp;<br>Handling mail at my home: 60 euros per month&nbsp;<br>Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation&nbsp;<br>Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.</p>



<p>I would like to remind everyone there will be no August issue.<br>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_6a82ef-60" 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>THE MODERN WAY TO SEND REGISTERED LETTERS: BY EMAIL</em></strong><br/></h2><p class="kt-blocks-info-box-text"><em>I have owned an apartment in Paris for over 20 years. I received an email from someone called AR24 telling me that there are documents available for me if I go on their website. I first assumed that it was a phishing attempt but my syndic states that this is now the normal procedure. So I clicked on the link and was asked to register and pay a large sum of money. Does this mean to get correspondence from the syndic I have to pay? This does not make sense. It seems to me like a rip-off.</em></p></div></a></div>



<div class="wp-block-kadence-advancedbtn kt-btn-align-right kt-btn-tablet-align-inherit kt-btn-mobile-align-inherit kt-btns-wrap kt-btns_6d6add-b6"><div class="kt-btn-wrap kt-btn-wrap-0"><a class="kt-button button kt-btn-0-action kt-btn-size-standard kt-btn-style-basic kt-btn-svg-show-always kt-btn-has-text-true kt-btn-has-svg-false" href="#" style="border-radius:0px;border-width:0px"><span class="kt-btn-inner-text">UP</span></a></div></div>



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<div id="kt-info-box_7dbe5c-6c" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">This situation exists because, by law, the call for a general meeting of the condominium association <em>(convocation à l’Assemblée Générale) </em>and the minutes of the meeting<em> (procès-verbal de l’Assemblée Générale) </em>must be sent by registered mail.<br/>In the USA, in some situations, legal documents must be served in person. There is no document signed, as the person doing the serving acts under the terms of a legal procedure and their words are gold in a court of law.<br/><br/>In France, the bailiffs<em> (huissiers) </em>have a monopoly on similar services. Their profession has full credentials to represent the state and therefore their deliveries are treated exactly the same way as in the USA in a court of law.<br/>In the USA, when something does not have to be delivered in person, one party can prove in a court of law that another party accepted delivery of documents or objects using records from any kind of courier. Therefore, using companies like FedEx, UPS and DHL works for legal purposes in the USA.<br/><br/>In France, there are countless situations where the law requires documents to be sent by registered mail. Doing otherwise means the document has never been sent legally, even if it is possible to prove that the person received it.<br/><br/>It is this legislation that obliges the call for condominium associations’ annual general meeting or special meetings, as well as the minutes of those meetings, to be sent by registered mail. As the law has never been changed, today the syndic must still prove those documents were sent that way. But now the manner of its sending has become digital.<br/><br/>The main reason is that each mailing, if done by registered post, costs between 10 and 20 euros to send. That does not include the cost of getting everything printed, stuffed in A4 envelopes, carried to the post office, stamped and sent.<br/>About five years ago, the French administration started to give some private companies high-security licenses to send registered letters by email. The technical stumbling block was proving that the right person received it. In the beginning, the procedure was complex, as such companies asked for a PDF of a French national identity card attached to a long form gathering all kinds of information to have access to the document. The procedure evolved, however, and the companies can now use the syndic database to facilitate the needed clearance regarding the identity of the person receiving the document.<br/><br/>The sealed document was sent to you by one of those licensed companies, AR24, which is a major player in this field. The French cell phone number is associated with the account you have with the syndic. This way AR24 recognizes the telephone number. Then the standard procedure is that the person receives a confidential code in a text message and enters it in the program to unlock the document.<br/><br/>I can only guess what happened when you went directly to the AR24 website. Only the companies needing this service would contact them this way. So probably within a few clicks you received an estimate of what it would cost to purchase such a service if you were a syndic, for example. Indeed, your having done this allows you to see how the new procedure saves so much money. For a small<em> copropriété </em>of 20 owners, each postal mailing would cost about 400 euros, plus the cost of everything else needed to send it.<br/></p></div></a></div>



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		<title>BRIDGE OVER TROUBLED WATER</title>
		<link>https://www.jeantaquet.com/bridge-over-troubled-water/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Jun 2022 07:24:27 +0000</pubDate>
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					<description><![CDATA[June&#160;2022 I have already used the title “Bridge over Troubled Water,” from the title song of Simon &#38; Garfunkel&#8217;s final studio album. It appeared in my June 2011 issue. At first, I did not want to use it again as it is my policy not to use a title twice. The album&#160;Bridge over Troubled Water&#160;was [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>June&nbsp;2022</em></h5>



<p>I have already used the title “Bridge over Troubled Water,” from the title song of Simon &amp; Garfunkel&#8217;s final studio album. It appeared in my June 2011 issue. At first, I did not want to use it again as it is my policy not to use a title twice.</p>



<p>The album<em>&nbsp;Bridge over Troubled Water&nbsp;</em>was released on January 26, 1970. A bridge is a good symbol of the need to reach out, sometimes pretty far, when one lives in a foreign country, and can be seen as a link between the unfairness of the foreigner needing to do more and thus feeling discriminated against, and the help that can come from someone who unexpectedly reaches out from nowhere and keeps the foreigner out of trouble.</p>



<p>“Troubled water” could symbolize so many things right now. My idealistic point of view is that there should be more bridges enabling people to cross the troubled waters of our world. Normally I can highlight my hope regarding one or more topics. I praise those people who manage to be bridges and who embody the beautiful lyrics of this song.</p>



<p><strong><span style="color:#5182FF" class="color">ELLIS ISLAND AND THE SOUTHERN BORDER OF THE USA</span></strong><br>Just over ten years ago, in the March 2012 issue titled<strong>&nbsp;ELLIS ISLAND</strong>, I reflected on the famous point of entry to the USA, passing by the Statue of Liberty on the way. I continue regularly to compare the French immigration procedure, with its several steps, to the procedure that existed on Ellis Island. Individuals and families ask for permission to immigrate and wait anxiously, fearing it will be refused. Once the French consulate in Washington, DC, approves the request and puts the visa in the passport, the aspiring immigrant is ready to travel to France, where the police at the airport will examine the passport and visa.</p>



<p>For many North Americans, it does not feel like immigration scrutiny when they pass the French border control. This step, however, corresponds to the police review on Ellis Island, which was a lot more probing. In many cases, the French visa is valid for one year and must be registered with the French administration. This registration triggers issuance of a French ID number for foreigners, and later a complete physical provided by the Office Français de l’Immigration et de l’Intégration. Recently, in the second Q/A of February 2022, I reviewed in detail this procedure by evoking the horrific anguish people had at Ellis Island where they could be denied entry because of diseases they had without ever knowing about them.</p>



<p>Here is what I published in 2012:</p>



<p>“This past summer I read the book titled &#8220;Forgotten Ellis Island: The Extraordinary Story of America&#8217;s Immigration Hospital&#8221; and very recently my wife and I watched the movie of the same title made by the book&#8217;s author, Ms. Lorie Conway, who is an independent producer and filmmaker. The book was released on October 16th, 2007, and the film on February 9th, 2009.”</p>



<p>“I believe that I am one of the Frenchmen who most often mentions Ellis Island. There are many reasons why I am fascinated by this place in New York City.”</p>



<p>“I now kick myself for not visiting the place or at least taking the boat to visit the Statue of Liberty and get a good view of it, when I visited the city at the age of 20 or so. I was staying in Connecticut, taking the train into Grand Central and walking all over Manhattan, including to the southern tip. If only I had known then how important it would be to me now!”</p>



<p>“One obvious reason is that at one point I was an immigrant to the USA, going through the anguish of waiting for my visa, and it was just as bad when I arrived in New York City at JFK Airport with my precious visa in 1986.”</p>



<p>“Another reason is that I love history, which to me is the best way of understanding what is happening today. What happened at Ellis Island, for a short period (compared to the existence of the USA as a country), beautifully synthesizes what the American population was made of until Latino and African immigration started in the 1970s.”</p>



<p>“Another reason is that the story of the country built by those broken people, scared and full of hope at the same time, is the sum of the stories of these individuals. The book and movie both show individual stories and it is amazing how quickly I got hooked on what was happening to the people depicted.”</p>



<p>“Still, another reason is the policy and vision of Mr. William Williams, the commissioner of immigration from 1902 to 1913, who had a very high opinion of himself and his mission. The hospital was there to protect the American population from all the diseases of the world. He was the gatekeeper and he made sure that the doctors working there followed his instructions. At the same time, this was still a hospital and its mission was to cure these people, who were cared for by the American government even before they could contribute anything to their new country. The goal was to cure them so they could become immigrants.”</p>



<p>“One last comment: I learned from the book about a poor Italian immigrant who financed his law studies by working as a translator at Ellis Island, helping the newcomers. He worked there throughout law school and stated that this experience was what made him so successful afterward. He was mayor of New York for three terms, from 1934 to 1945: Fiorello Henry LaGuardia, commemorated by the airport named after him.”</p>



<p>“In my practice, the reason I so often refer to Ellis Island is that it beautifully illustrates the legal and administrative immigration process. As long as someone is on the boat, they are aspiring to immigrate, but nothing is certain at this point. Getting off the boat, they are met by the police and a doctor, and it is only once they pass both screening processes that they cross the line and walk into the USA, away from the island. Today in France, the police verify the validity of the visa at the airport after one gets off the plane, and later most foreigners undergo a complete physical, which now usually takes place at the Office Français de l&#8217;Immigration et de l&#8217;Intégration.”</p>



<p>“Maybe there are lessons to be learned from history. There was a time when the USA knew that immigration was its strength and the world knew anyone had a chance of a brighter future if they could immigrate to the USA.&#8221;</p>



<p>There are so many talking points thrown on each side of the aisle in the US Congress that I feel it has become something mechanical. One of them is the southern border, which seems to be mentioned pretty much regardless of the topic or piece of legislation being discussed. On occasion, when my imagination takes me to unrealistic territory, I construct a sort of Ellis Island in the middle of the desert to carry out the same job procedure as in the late 19th century. A step crazier and I imagine a smaller replica of the Statue of Liberty, with a reproduction of Emma Lazarus’s poem:</p>



<p><strong>The New Colossus</strong><br>Not like the brazen giant of Greek fame,&nbsp;<br>With conquering limbs astride from land to land;&nbsp;<br>Here at our sea-washed, sunset gates shall stand<br>A mighty woman with a torch, whose flame<br>Is the imprisoned lightning, and her name<br>Mother of Exiles. From her beacon-hand<br>Glows world-wide welcome; her mild eyes command<br>The air-bridged harbor that twin cities frame.&nbsp;<br>“Keep, ancient lands, your storied pomp!” cries she<br>With silent lips. “Give me your tired, your poor,&nbsp;<br>Your huddled masses yearning to breathe free,&nbsp;<br>The wretched refuse of your teeming shore.&nbsp;<br>Send these, the homeless, tempest-tost to me,&nbsp;<br>I lift my lamp beside the golden door!”</p>



<p>I mock myself for being so unrealistic when I am done with this insane picture. The thought that sustains it has more merit. For one thing, it foregrounds the fact that the USA is a country of immigration and something has to be set up to handle, channel and vest the hopeful candidates wanting to start a new life in the USA. Ellis Island worked because it offered exactly that in an orderly fashion.</p>



<p><strong><span style="color:#5182FF" class="color">THE AMOUNT OF THE FRENCH MINIMUM WAGE GOES UP</span></strong><br>On May 1st, the level of France’s<em>&nbsp;salaire minimum interprofessionnel de croissance,&nbsp;</em>better known as the SMIC or minimum wage, was raised by 2.65% to reach a monthly amount of 1,302€ net (i.e. after deducting social charges on a 35-hour workweek). As far as prefecture procedures are concerned, the yearly amount is now 15,624€.</p>



<p>The official communication always uses the gross amount, which is what is cited in employee contracts. The hourly amount is now 10.85€, the monthly gross is 1,645.58€ and the yearly gross is 19,746.96€.</p>



<p>New readers might wonder why I am talking about this when hardly any of the people I help are paid the French minimum wage. The main reason I have mentioned the SMIC in nearly all recent issues of my column is that most French immigration categories require the applicant to prove either means or income at least equal to the SMIC, or a ratio of it, especially for the<em>&nbsp;passeport talent&nbsp;</em>categories, which the French administration considers to be VIP statuses. Also, I see increased scrutiny by the prefecture of whether the applicant meets this benchmark for many immigration statuses. The fact that most procedures now include screening after the file is uploaded makes even it more visible.</p>



<p>One of my most interesting exchanges with a civil servant at the prefecture involved repeated discussion of whether the file submitted contained enough proof that the applicant earned this kind of money. First the civil servant gave us back all the invoices and bank statements, saying the URSSAF quarterly statements would be enough. Then, realizing that these documents showed a low level of sales, the civil servant expressed serious concern. I proposed putting all the 2022 invoices and bank statements back in the file, since for a few months they showed income largely exceeding the minimum. Sadly, this sort of thing is possible only when there is a meeting; the possibility of having a discussion becomes exceedingly difficult when the file is uploaded. One needs to identify the flaws in the file to find solutions. What is needed is a way to upload documents that the administration has not asked for, starting with a cover letter.</p>



<p><strong><span style="color:#5182FF" class="color">THE SHORT-TERM RENTAL INDUSTRY IN PARIS IS LOSING IN COURT</span></strong><br>system approved the French legislation on short-term rentals in 2020, cases have been heard by the local court in large volumes and the city has won almost all the time. I doubt this kind of rental will be eradicated from Paris, as demand from the tourism industry is high and it is still possible to make good money. But the longer this battle lasts and fines are regularly increased, the more the regulations are likely to force this sector to comply with the law.</p>



<p><strong><span style="color:#5182FF" class="color">Paris&#8217; legal battle against illegal tourist rentals is starting to pay off</span></strong><br>Out of 500 proceedings initiated, 422 have already been adjudged, two-thirds of them in favor of the city, which recovered more than 14 million euros in fines.</p>



<p>The judges of the Paris judicial court call them “Airbnb hearings.” They are long afternoons when they try to sort out, in batches of 15 or 20, the 500 procedures underway between the city of Paris and owners of short-term rentals, often to tourists.</p>



<p>The decisions of judges Caroline Fayat and Anne-Charlotte Meignan, who have taken on this mass litigation, are beginning to constitute a body of case law that is rather favorable to the community, but not always. “I see that the fines are coming down,” Ian Brossat, deputy mayor of Paris in charge of housing, says with satisfaction. “A certain number of these premises are returning to residential use, which is our goal, in traditional rental, with a mobility lease [from one to ten months], long-term, or are put up for sale.&#8221;</p>



<p>…The 422 cases already adjudicated in the first instance will therefore have enabled the city of Paris, in 2021 and 2022, to collect 4.55 million euros in fines from landlords and 9.58 million euros from online platforms. A hundred or so landlord cases remain to be judged, a hundred or so are already under appeal, and the TripAdvisor and Abritel platforms, which are also under attack, are awaiting judgment by the end of June.</p>



<p><a href="https://ymlpcl1.net/26695ushyadaewjyjaoauuqagajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/societe/article/2022/05/23/le-combat-judiciaire-de-paris-contre-les-locations-touristiques-illegales-commence-a-payer_6127245_3224.html</a></p>



<p><span style="color:#5182FF" class="color"><strong>NOTAIRES, REMOTE MEETINGS AND ELECTRONIC SIGNATURES</strong>&nbsp;</span><br>When I started my career in July 1997 the<em>&nbsp;notaire&nbsp;</em>was an old-fashioned man, very conservative, including in the way he spoke. Buying real estate in France meant going through a type of ceremony with decorum. I used to say, with some exaggeration, that the French this profession used needed to be translated into standard French before it could be translated into English.</p>



<p>Ten years later, the younger generation was slowly changing the old-fashioned way of conducting this business, especially regarding real estate transactions. In 2008, electronic signing was created and slowly implemented, after which there were no more printed documents to review. The<em>&nbsp;acte authentique électronique&nbsp;</em>meant the profession had found a way to officially certify and store documents, especially property titles.</p>



<p>Today all transactions are signed on a graphic tablet screen to create an electronic authentic act. The latest revolution came in November 2020 with decree n°2020-1422 introducing signature by remote appearance of authentic powers of attorney on electronic support. These solutions must therefore be able to offer an advanced level of electronic signature, which is essential for remote electronic signature of documents. The correlation to this technology is that it is possible and even common for the meeting to sign the presale contract, as well as the closing, to be held via Zoom. At the end of the meeting, the buyer and seller sign electronically in the<em>&nbsp;notaire’s&nbsp;</em>office where they are, and it is possible to have several<em>&nbsp;notaire&nbsp;</em>firms involved this way. The time when everybody sat around the same table is not the norm anymore.</p>



<p><span style="color:#5182FF" class="color"><strong>“A SURVIVAL HOME IN PARIS” IS SLOWLY PROGRESSING</strong>&nbsp;</span><br>I plan to rent out this one-room studio of almost 329 square feet (30 square meters). My goal is to rent by the month for between one and six months. The studio can serve as a place for someone who has either secured a long-stay visa or is submitting a request for one. It will be an interim place for such people to stay. It could also be for someone who is in France on a 90-day visa waiver to “test drive” whether living in France is for them. After 25 years of offering “A Survival Kit for Paris,” I will now also be able to propose “A Survival Home in Paris” for those who need it as an extension of my services.</p>



<p>For those who do not know, my office is located in the 11th arrondissement between Nation and Bastille. It is a real up-and-coming arrondissement, and the property is served by five metro and RER lines.</p>



<p>The new space will need some renovation before clients can benefit from a comfortable and enjoyable stay. Thus, I need to set aside some time to work on this project. I might give appointments a month or more later than usual because of it. I will let my readers know when I start taking reservations, which should be during August, once the renovations are well under way.</p>



<p><strong><span style="color:#5182FF" class="color">MY FEES WILL INCREASE ON SEPTEMBER 1st, 2022</span></strong><br>I continue to slowly move toward working fewer hours in the hope of having a lifestyle more compatible with my age. As I have done in the past, I am once again scheduling an increase in my fees. I expect my assistant to continue to pick up more tasks linked to the URSSAF, CPAM and other public offices procedures. She already handles most dealings with the offices who register self-employed people.&nbsp;<br>1st meeting/1st work: 350 euros for 2 hours&nbsp;<br>Extra per hour: 150 euros&nbsp;<br>Handling mail in my office: 50 euros per month&nbsp;<br>Handling mail at my home: 60 euros per month&nbsp;<br>Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation&nbsp;<br>Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR SUMMER VACATION</span></strong><br>The office will be closed for three weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. 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>re were not paying the “taxe d’habitation.”<br>This is not enough since owners now prefer stating that they are there a week at a time as a secondary domicile and pay the “taxe d’habitation”, which does not increase every year as the punitive vacant tax. This is a response to an increase of 43% of those residences in Paris, partially if not primary motivated by the very short-term rental industry, which existed before AirB&amp;B but expanded considerably with it. Paris City Hall states that 107,000 apartments are secondary residence, which makes 7.5% of the global number of apartments. The city is losing its residents and losing its blue-collar businesses. An official stated:<br>“Taxer davantage les résidences secondaires incitera leurs propriétaires à les vendre ou à les louer à l’année, ce qui augmentera l’offre locative. Notre objectif est que ces logements bénéficient en priorité aux Parisiens.”<br>Heavy taxes on secondary residences should push owners to either sell or rent long term, which should increase the lodging for renters. Our goal is that the Parisians first benefit from the increase of the offer of these lodgings.<br>Also, and probably this should not be underestimated, the city is hoping to get an excess of 43 million euros.<br>En savoir plus sur <a href="http://www.lemonde.fr/argent/article/2017/01/25/a-paris-la-surtaxe-sur-les-residences-secondaires-va-passer-de-20-a-60_5068843_1657007.html#2PQtqHpTkjQjdct0.99">http://www.lemonde.fr/argent/article/2017/01/25/a-paris-la-surtaxe-sur-les-residences-secondaires-va-passer-de-20-a-60_5068843_1657007.html#2PQtqHpTkjQjdct0.99</a><br>&nbsp;<br><strong><span style="color:#5182FF" class="color">PLURIANNUELLE <em>CARTES DE SEJOUR</em></span></strong><br>I mentioned these cards already two times, since they were first introduced for the foreign students preparing a doctorate. Starting in November 2016, holders of the carte de séjour mention salarié, i.e., employee immigration status, as well as the mentioned vie privée et familiale, personal and family status, are now issued almost systematically at the time of the first renewal. I am not certain exactly how the duration of the card is decided. Based on the information I am getting, the employee carte de sejour seems to be four years when the private life is only two. There is a lot of misunderstanding regarding the nature of these cards as people often mistake them with the carte de résident, which is the equivalent to the American Green Card. The key difference here is that a carte de séjour is issued on a specific ground, and therefore it creates a lot of limits for many of them, mainly in terms of “right to work.” During a couple of years, and maybe more, people will get those long lasting cards when they are able to ask for a carte de résident a year or two later . The real issue here is that more and more people have what I call diverse careers, and not just one employee job. So specifically, a carte de séjour mention salarié holder can be prevented to launch a side consulting, or teaching yoga for several years.<br>I have no idea as the regulation just came about in November 2016 if it will be possible to ask for this carte de résident while the card is still valid and for a few more years. I have already been confronted with this situation several times, making what appears to be wonderful news, just the opposite, for several.<br>I raised another issue regarding the profession libérale, commerçant, if and when these cards could also be issued for several years. The answer “it might be possible” being put in the French context of distrust of the self-employed in general, my guess is that this is not going to happen for quite a while. As an example, the profession libérale carte de séjour holder at the Parisian prefecture will now have this request being reviewed by the office in charge of merchant and craftsman. This is not a good sign.<br>&nbsp;<br><strong><span style="color:#5182FF" class="color">REDESIGNING MY WEBSITE</span></strong><br>My website is being redesigned, mainly so as to use more recent software to update and manage it. This means there may be a couple of days when the site will not be online. I am sorry for the inconvenience, but we will do everything we can to keep this outage as short as possible. Indeed it should evolve as I am taking over the full control of the back office and being able to update it regularly now chating is possible on all the issues.<br>&nbsp;<br><strong><span style="color:#5182FF" class="color">OFFICE CLOSED JUST BEFORE SUMMER</span></strong><br>The office will close for less than two weeks starting on Thursday June 8th, reopening on Wednesday June 21st. 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. This time I am leaving France and email will truly be the only way to reach me then.<br>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>THE CHOICE OF A MUTUELLE (SECONDARY INSURANCE) IN FRANCE</em><br/><br/></h2><p class="kt-blocks-info-box-text"><em>I am British and I was born in France but I am not French. I would like to apply for naturalization. I have a carte de séjour as a British citizen till 2026 that allows me to perform any professional activity. I have been offered work teaching English conversation in person at a small private language school. I have over twenty years of teaching experience in several British universities. I was told that I need a numéro de déclaration d’activité (NDA) number and I do not know what it is nor where to get it. There are a few things I’d like to communicate further. I have a C1 level in French. I have a website linked to my teaching and editing-proofreading business. I assume I do not need to include any foreign tax forms for this request, which I gave to the prefecture. Thank you for telling me how to get it right away, this school is waiting for me.</em></p></div></a></div>



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<div id="kt-info-box_7dbe5c-6c" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">I stated something quite different, but the legal grounds I cited are true and Assurance Maladie as well as the <em>mutuelle</em> do cover medical expenses incurred in the USA, under certain conditions and with reimbursement following a specific procedure. It is different from what you understood but not completely off. To explain the complete procedure, I need to explain how Assurance Maladie works and what the <em>mutuelle</em> policy does.<br/><br/>The fundamental thing to remember is that since the law on universal health care <em>(couverture maladie universelle)</em> took effect in 2000, everybody legally residing in France can be covered by Assurance Maladie and all French citizens must be covered by it. The second thing is that this coverage can be extended everywhere in the world for those on vacation who experience an unforeseen event or situation. On a case-by-case basis, this may be easier or harder. First, there is a <em>carte vitale européenne</em>: if one is traveling within the EU and suffers an illness or accident, holding a European Health Insurance Card makes the European treaty kick in, which means it is as if it were happening in France. Thus it is important to get this card.<br/>Another thing to understand is how Assurance Maladie reimburses and why the <em>mutuelle</em> became essential. Assurance Maladie, which offers the basic coverage, works with numerous pages of spreadsheets itemizing all possible medical acts, procedures and medicines, associated with the amount the system reimburses. While in France, the system is extremely fluid when using the <em>carte vitale</em>. If the health professional is directly connected to the database, the patient does not pay and Assurance Maladie foots the bill directly. Otherwise, the patient hands the professional the <em>carte vitale</em> and pays as an out-of-pocket expense. By requiring the payment to be made with the <em>carte vitale</em>, Assurance Maladie triggers the reimbursement without the patient doing anything. The brown<em> feuille de soins </em>paper form is only used when the patient lacks a <em>carte vitale</em>, which I often call a credit card for medical costs. Payment or reimbursement is based on the amount listed in the Assurance Maladie books, which are defined by the government. For decades, the policy has been to reduce the ratio of coverage. The official justification is that the reductions are linked to the medical efficiency of a given drug or procedure. The reality is that it is a pure cost-killing policy.<br/><br/>The consequence of this policy is to increase the patient’s co-payment, which is why <em>mutuelle</em>s were created. With a <em>mutuelle</em>, the patient is expected to be fully covered. Employers now have a legal obligation to make sure all employees have a <em>mutuelle</em>. They contract with an insurance company for a group policy, exactly as in the USA. I believe all insurance companies are registered with Assurance Maladie. The procedure is now automatic: once Assurance Maladie pays, the file goes directly to the insurance company and the <em>mutuelle</em>pays according to the terms of the policy. Today many policies do not cover all the leftover especially with dental and ophthalmology costs. One misleading thing is that there are two ways of defining coverage. One is a ratio linked to what Assurance Maladie pays: e.g., for dental work, ophthalmology and other specialties, the <em>mutuelle</em> may pay something like 300% or 400% what Assurance Maladie pays. Since those costs are poorly reimbursed, often the <em>mutuelle</em> does not cover them all, and people are disappointed. The other way to define coverage is as a ratio of the actual cost. Thus 70% of the real cost may be much better coverage.<br/><br/>The <em>mutuelle</em> policies have extended in two directions. The most common is that this industry offers coverage of things that Assurance Maladie does not cover at all. For instance, a <em>mutuelle</em> may reimburse homeopathic treatments and other medicine not covered by the system. Some policies will even pay for at-home help when on bed rest or temporarily disabled, as well as tutoring for children and so on. The idea is to take a global approach to the consequences of having a medical condition.<br/><br/>The other way, less common, is to reach out with international coverage. This means going beyond the traditional coverage once Assurance Maladie has reimbursed its portion and also offering direct payments in some countries, up to a certain amount, for a small trip away.<br/>However, such coverage rarely competes with travel insurance, which pays upfront and includes repatriation. Until the industry proposes policies that reach the quality and scope of travel insurance policies, I advise people to stick with the home side of the extension and get travel coverage before going on an international trip.<br/></p></div></a></div>



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<div id="kt-info-box_5877a9-34" 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>SELLING EN VIAGER: THE LEGAL CONCEPT OF FRENCH OWNERSHIP</em></strong><br/><br/></h2><p class="kt-blocks-info-box-text"><em>I&#8217;m a regular reader of your column and FB page. I suddenly find myself with a big problem concerning the sale of my house by viager and my mortgage. A week ago, I met with the agent, the notaire, and the buyers of my house (who live in the USA) to go over the vente. The promesse de vente was signed just before Christmas 2021 and we should have had this meeting to sign the closing three months later.</em><br/>The notaire informed me that I will be required to pay off the mortgage when the sale goes through. I had planned to continue making the monthly payments to avoid the penalty for early reimbursement and to have more cash in hand when the sale closes. I called my bank and was told the same thing. Like most mortgages in France, the loan is not connected to my property and I have mortgage insurance in case of my death.<br/>Can I be required to pay off the mortgage upon the sale? This seems wildly unfair to force me to pay a penalty when I don&#8217;t want to pay it off early. I&#8217;m not going anywhere. I&#8217;m a permanent resident of France and will live there until they carry me out.<br/><em>I am very distressed by this problem as it seriously reduces the amount of money I&#8217;ll receive from the sale. Do I have any right to protest or refuse this arrangement?</em></p></div></a></div>



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<div id="kt-info-box_471bf9-bd" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">The answer is no. That is, of course you can protest but it will not change the legal situation: you are required to pay off the mortgage upon the sale. A detailed explanation of what a viager sale is about will help you understand why this must automatically happen. The real estate agent and notaire should have explained this unusual transaction in detail, as the consequences of selling en viager involves some sophisticated legal concepts.<br/><br/>It is important to note some key definitions concerning the right of ownership in France:<br/>1. The French legal definition of ownership combines three different rights that can be separated from each other. The French legal system uses three Latin words:<br/><em>Usus</em>: the &#8220;use&#8221; of something<br/><em>Fructus</em>: its &#8220;fruit,&#8221; meaning all income and other rights that can come from enjoyment of the thing<br/><em>Abusus</em>: not really &#8220;abuse,&#8221; it means the right to buy, sell, give away, destroy or transform something.<br/><br/>2. These rights can be combined or split in two very different ways, called<em> usufruit </em>and <em>viager.</em><br/>a) The French legal concepts of<em> usufruit </em>and <em>nue-propriété </em>come directly from the concept of splitting the right of ownership.<em> Usufruit </em>is a combination of <em>usus</em> (the use) and <em>fructus</em> (the income)<em>. Nue-propriété </em>derives from <em>abusus</em> (the power of decision). When there are two people, one being the<em> usufruitier </em>and the other the<em> nu-propriétaire, </em>their prerogatives are as follows: The<em> usufruitier </em>lives in the place or rents it, and takes care of its maintenance. This right normally ends with his/her death. The<em> nu-propriétaire </em>has official ownership and therefore holds the title on the property, but gets its full use only when all other rights disappear.<br/><br/>b) The French legal concept of<em> vente en viager </em>comes from the concept of splitting the right of ownership. On one side the seller keeps the <em>usus</em>, the use of the property, and the buyer gets the <em>fructus</em>, i.e., all income and other rights stemming from enjoyment of the property, along with the <em>abusus</em> or right to buy, sell, give away, destroy or transform it. In short, you are selling the <em>fructus</em> and the <em>abusus</em>, so you are de facto selling the title. The loan you have with the bank is linked to the title, not to the property. The bank lent you money when you bought the property because it had the house (i.e., the title) as collateral and could sell it if you defaulted. But if the title is in the name of the buyer, the bank no longer has any guarantee on that loan. By the way, the buyer gets the full right of ownership when you die, as explained above.<br/>That is the legal explanation of what is happening and why the bank insists that the loan must be prematurely repaid. I understand if you are not happy with this explanation, but I see no reason for the bank to let the loan continue, and even if the remaining debt is small, changing the nature of the loan does not help, since the penalties are paid by anticipation when the loan is closed.<br/></p></div></a></div>



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		<title>The Best Is Yet to Come</title>
		<link>https://www.jeantaquet.com/the-best-is-yet-to-come/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sun, 01 May 2022 07:58:09 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<category><![CDATA[carte de sejour]]></category>
		<category><![CDATA[Fraud]]></category>
		<category><![CDATA[Prefecture]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2057</guid>

					<description><![CDATA[May&#160;2022 The Best Is Yet to ComeOut of the tree of life, I just picked me a plumYou came along and everything started’ in to humStill it’s a real good betThe best is yet to comeBest is yet to come and babe, won’t that be fine?&#160;You think you’ve seen the sunBut you ain’t seen it [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>May&nbsp;2022</em></h5>



<p><strong>The Best Is Yet to Come</strong><br>Out of the tree of life, I just picked me a plum<br>You came along and everything started’ in to hum<br>Still it’s a real good bet<br>The best is yet to come<br>Best is yet to come and babe, won’t that be fine?&nbsp;<br>You think you’ve seen the sun<br>But you ain’t seen it shine<br>A wait till the warm-up’s underway<br>Wait till our lips have met<br>And wait till you see that sunshine day<br>You ain’t seen nothing yet<br>The best is yet to come and babe, won’t it be fine?&nbsp;<br>Best is yet to come, come the day you’re mine<br>Come the day you’re mine<br>I’m gonna teach you to fly<br>We’ve only tasted the wine<br>We’re gonna drain the cup dry<br>Wait till your charms are right, for these arms to surround<br>You think you’ve flown before, but baby you ain’t left the ground<br>A wait till you’re locked in my embrace<br>Wait till I draw you near<br>A wait till you see that sunshine place<br>Ain’t nothin’ like it here<br>The best is yet to come, and babe, won’t it be fine?&nbsp;<br>The best is yet to come, come the day you’re mine<br>Come the day you’re mine<br>And you’re gonna be mine</p>



<p><strong>Wikipedia</strong><br>“The Best Is Yet to Come” is a 1959 song composed by Cy Coleman to lyrics by Carolyn Leigh. It is associated with Frank Sinatra, who recorded it on his 1964 album<em>&nbsp;It Might as Well Be Swing&nbsp;</em>accompanied by Count Basie under the direction of Quincy Jones. It was the last song Sinatra sang in public, on February 25, 1995, and the words “The Best Is Yet to Come” were etched on Sinatra’s tombstone. Although Sinatra made it popular, the song was written for and introduced by Tony Bennett.</p>



<p>Although it is a love song, I find the title appropriate for the times we are living through, as good news is mingled with bad. I do not see the need to specify what I consider to be the good and the bad news. I believe the vast majority of people are trying to be cautiously optimistic. They hope the good news will continue to offset the bad, even though many are experiencing serious hardships. The economy in both the USA and France includes rising inflation but also low unemployment.</p>



<p>Many see the reelection of the French president, Emmanuel Macron, as having averted a serious risk, since the far-right candidate did not win the presidential election. Yet it is going to take more than that to make French people feel safe and reassured.</p>



<p>On a much lighter note, we can count on nice weather coming soon, and many of us are planning pleasant moments during the summer.</p>



<p><span style="color:#5182FF" class="color"><strong>THE FRENCH PRESIDENTIAL ELECTION</strong>&nbsp;</span><br>I wrote this just a few minutes after the French media announced President Macron’s reelection. The polls had indicated he would probably win. Still, the accuracy of polls can be questioned, especially when they are trying to measure a new situation. It would be a mistake to think that this was just a rerun of the last French presidential election, in which the same candidates ran. The first and most significant difference was that this time there were two strong appeals to voters. One was “Tout sauf Le Pen” i.e., vote for anyone except Ms. Marine Le Pen to prevent France from electing a far-right president. The other similarly opposed President Macron, “Tout sauf Macron.” This was new; such a thing was unheard of in modern French history. Of course, the second round of the presidential election is always particularly contentious, as it is a true duel. In that sense, it resembles the American presidential election. But there is a lot of hatred of President Macron, and the wave of strong anger many French people feel against his policies involves a significant part of the French electorate. These people were ready to vote for anyone, including a far-right candidate, and they did.</p>



<p>Hence there was serious concern about how close the vote would be. French politics would shift considerably if there were just one percentage point between the candidates with a result like 50.5% for President Macron and 49.5% for Ms. Marine Le Pen. The definitive victory of President Macron (58,60%) over Ms. Marine Le Pen (41,40%), indicates a possible continuation of French political life as we know it. This said, winning with such a significant margin says nothing about whether President Macron will continue governing the same way he did during his first term.</p>



<p>One issue many commentators mentioned concerned Jean-Luc Mélenchon, who came a close third in the first round. He is usually described as an extreme leftist by French standards, which makes him too liberal to fit in the American political spectrum. Under normal circumstances, most of his votes would have gone to President Macron in the second round. But polls showed his supporters were split into three groups. One-third was expected to vote for President Macron, one-third was expected to vote for Ms. Marine Le Pen, and one-third was expected to refuse to vote in the second round. It now appears that this projection was pretty accurate. It is hard to believe that such a thing could have happened. It shows two things. First and foremost, in my view, is how incredibly strong the call “Tout sauf Macron” was. Also, Ms. Marine Le Pen has become a highly skilled politician with a lot of experience. She has worked for years to give the appearance of a moderately conservative politician and make her political party seem to fit into the normal French political spectrum. The extent that she succeeded would have been impossible for her father, Mr. Jean-Marie Le Pen, whose political career was anchored on his far-right views.</p>



<p>As I said in my previous issue, this election takes France into uncharted territory. Now there is a possibility that President Macron will not achieve a stable majority in the elections for the National Assembly. This next big test for France takes place in June. The election of<em>&nbsp;députés&nbsp;</em>to the Assemblée Nationale, the equivalent of the US House of Representatives, will again be in two rounds.</p>



<p><strong><span style="color:#5182FF" class="color">“A SURVIVAL HOME IN PARIS” IS SLOWLY PROGRESSING</span></strong><br>The purchase procedure for the apartment project I described in my last issue got under way on April 13th when my wife, Paula, and I signed the preliminary sale contract, the<em>&nbsp;promesse de vente.&nbsp;</em>The closing should occur three months later. After that, the renovations should take about one month. Even though the summer months, and especially August, are not full vacation months the way they used to be, this is not problematic as I assume the place will not be ready to be rented until sometime in September. Right now, I am finalizing the estimate and hoping there will be as few last-minute crises as possible. I am also looking at furniture and appliances, as they are also important to an enjoyable stay for guests.</p>



<p>I plan to rent out this one-room studio of almost 329 square feet (30 square meters). My goal is to rent by the month for between one and six months. Clients sometimes ask to use my address, which they need to give to the consulate and later the prefecture while hopping from one weekly rental to the next before finding a more stable place and settling down with a longer-term lease. This truly unpleasant experience can be avoided now that I have an address in Paris where the person can go straight from the airport. The studio can serve as a place for someone who has either secured a long-stay visa or is submitting a request for one. It will be an interim place for such people to stay. It could also be for someone who is in France on a 90-day visa waiver to “test drive” whether living in France is for them. After 25 years of offering “A Survival Kit for Paris,” I will now also be able to propose “A Survival Home in Paris” for those who need it as an extension of my services.</p>



<p>For those who do not know, my office is located in the 11th arrondissement between Nation and Bastille. It is a real up-and-coming arrondissement, and the property is served by five metro and RER lines.</p>



<p>The new space will need some renovation before clients can benefit from a comfortable and enjoyable stay. Thus I need to set aside some time to work on this project. I might give appointments a month or more later than usual because of it. I will let my readers know when I start taking reservations, which should be during August, once the renovations are well under way.</p>



<p><strong><span style="color:#5182FF" class="color">RENTING BELOW MARKET PRICE TO GET A SUBSTANTIAL TAX CREDIT</span></strong><br>In many of the world’s cities, rental housing is too expensive for many people. This is one reason the city of Paris has been losing population for years. Among several policies to address the problem, one of the better known is rent control, which took effect in Paris on July 1st, 2019. Now the national government has launched a program that, instead of punishing landlords for setting rent too high, offers a tax credit to those willing to rent below the market rate. I am not sure how successful this policy is going to be, as it may be too complex to be efficient. Here is how the administration explains it:</p>



<p>Loc’Avantages came into effect on February 28th, 2022. Property owners willing to set the rent lower than what is usual in a given municipality sign a six-year agreement with the National Housing Agency (ANAH) and in exchange they receive a tax reduction on the rent collected, ranging from 15% to 65%.</p>



<p>All housing, new or old, is eligible for Loc’Avantages, regardless of when it was purchased. Unfurnished property must be rented for a minimum of six years to a tenant with limited resources who is establishing his or her main residence. The owner may choose to apply a discount of 15%, 30%, or 45% to the local market rent. The lower the rent, the greater the tax reduction on the rent received.</p>



<p><a href="https://ymlpcl1.net/525c2ushmagaewjhqatayssaxajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/argent/article/2022/03/04/comment-fonctionne-le-nouveau-dispositif-qui-permet-de-louer-moins-cher-et-de-beneficier-d-une-reduction-d-impots_6116076_1657007.html</a></p>



<p><strong><span style="color:#5182FF" class="color">URSSAF IS BLOCKING BUSINESS REGISTRATIONS BECAUSE OF THE CARTE DE SEJOUR</span></strong><br>French law requires that foreigners must wait to register their business with URSSAF provided they hold an immigration status that allows this registration. Oddly enough, for many years it was possible to register the creation of a business with URSSAF without having the proper immigration right to do so. This happened only when the business was registered online rather than in person, and I assumed that the URSSAF employees in charge of reviewing these business applications neglected to thoroughly check the<em>&nbsp;cartes de séjour.&nbsp;</em>As long as the ID of the applicant was valid, the registration went through. It is important to note that applicants with completed business registrations needed only one appointment afterwards at the prefecture, during which both the applicant&#8217;s project and the URSSAF registration were checked&#8230;and generally such applications were approved! To my dismay, personnel at the prefecture were pushing the applicants to carry on with this illegal procedure, apparently in an effort to avoid the necessity of scheduling a second appointment. Several times I asked different civil servants working at the prefecture where these<em>carte de séjour&nbsp;</em>requests based on business registrations were handled if it was now established policy to accept an illegal registration with the wrong<em>&nbsp;carte de séjour.&nbsp;</em>The responses I received were affirmative.</p>



<p>I saw a change in January 2022 with the URSSAF online registration procedure. It was no longer possible to complete registration with the wrong<em>&nbsp;carte de séjour.&nbsp;</em>I first tried to register a business online for someone holding a<em>&nbsp;&#8220;visiteur&#8221; carte de séjour.&nbsp;</em>More recently, I tried with an applicant holding a student visa. In both cases, we were unable to complete the registration. I conclude that the government is now systematically blocking requests made with the wrong<em>&nbsp;carte de séjour.&nbsp;</em>It is going to be very interesting to see how the prefecture is going to handle this change. I will keep my readers updated about this.</p>



<p><strong><span style="color:#5182FF" class="color">THE PREFECTURE’S REQUIREMENT FOR RESOURCES EQUIVALENT TO FRENCH MINIMUM WAGE</span></strong><br>On various forums and media targeting the expat community, I see a lot of confusion about a financial requirement that is applied to most<em>cartes de séjour&nbsp;</em>issued. Applicants must nearly always prove that they earn or at least possess resources equivalent to the French minimum wage<em>&nbsp;(salaire minimum de croissance,&nbsp;</em>or SMIC). For some sub-categories of<em>&nbsp;“passeport talent” cartes de séjour,&nbsp;</em>the requirement is even higher, but always referred to as a ratio of the SMIC. I copied the quote below from the website of a small rural prefecture and translated it. One thing that might surprise many readers is that foreign clergy hold<em>&nbsp;“visiteur” cartes de séjour.&nbsp;</em>The French administration does not consider foreigners holding a religious position to be employed in France. Note that the administration does not differentiate among religions.</p>



<p>“Your total resources must be at least equal to 1.231€ a month. The benefits and allowances that are not taken into account in the calculation of resources are the following: the<em>&nbsp;Revenu de Solidarité Active,</em>&nbsp;the<em>Allocation de Solidarité Spécifique,</em>&nbsp;and the&nbsp;<em>Allocation Temporaire d’Attente.”&nbsp;</em></p>



<p>These are subsidies similar to welfare in the USA, which is why they are not included in the evaluation of whether the foreigner has the means to stay in France.</p>



<p>“The applicant must choose as the source of resources ‘Other support (religious function)’ if they are:<br>&#8211; a foreign national who is a minister of religion or a member of a religious congregation or community by his or her diocese, community, or congregation of origin to a diocese, community, or a congregation in France for a fixed or indefinite period;<br>&#8211; or a foreign minister of the Muslim faith seconded to France by his government for four years to exercise religious functions.”</p>



<p><strong><span style="color:#5182FF" class="color">THE CROOKS OF THE CONTINUING EDUCATION FUNDS</span></strong><br>Sadly, whenever there is a program dedicated to people who need it, crooks tap into it hoping to fool enough people to make a lot of money. For a couple of years, people have been contacted in many ways – usually by phone, SMS or email – about financing for continuing education. The communication almost always claims to be official information about your rights, so people pay attention. And the part about the rights is true. French continuing education is financed in such a way that the vast majority of people living in France, citizens and immigrants alike, have rights to continuing education funds. They are financed either by the employer as part of the social charges paid, or by self-employed people themselves when they pay their social charges (it is the last line on the URSSAF form). Pôle Emploi, the French unemployment agency, also has access to this financing to help people get jobs faster. The many ways of financing continuing education include the Congé Professionel de Formation (CPF) and the Congé Individual de Formation (CIF). Which one is appropriate depends on whether the candidate is an employee, job seeker, etc. Candidates can be guided in their search by the continuing education service of the institution offering the training.</p>



<p>If you are an employee, a member of a<em>&nbsp;profession libérale&nbsp;</em>or other self-employed person, a collaborating spouse, temporarily self-employed, or a job seeker, the CPF/CIF is automatically credited at the beginning of the year following the year worked; e.g., the rights acquired in 2021 are available in the first quarter of 2022. The rights remain available even in the case of a change of employer or loss of job.</p>



<p>The way the crooks operate is to get you to provide your full name and French social security number. Then they contact the organization managing the financing of your account and register you with what I would call a fake school, which gets paid without any courses being given and without your knowledge. This can happen without the victim’s knowledge, since people rarely check their continuing education account to see what the balance is.</p>



<p>The first Q/A of this issue goes into detail on the French continuing education system, both its funding and how to become a teacher paid with such funds.</p>



<p>This is a text message I received a couple of days ago that illustrates exactly what I am talking about. Vous allez perdre vos droits à la formation (C.P.F). Consultez votre budget &amp; réclamez votre formation 100% prise en charge :&nbsp;<a href="http://cutt.ly/BAuAYPr">cutt.ly/BAuAYPr</a></p>



<p>You will lose your continuing education credit (C.P.F). Check your budget &amp; claim your continuing education rights 100% free:&nbsp;<a href="https://cutt.ly/BAuAYPr">https://cutt.ly/BAuAYPr</a></p>



<p><strong><span style="color:#5182FF" class="color">MY FEES WILL INCREASE ON SEPTEMBER 1st, 2022</span></strong><br>I continue to slowly move toward working fewer hours in the hope of having a lifestyle more compatible with my age. As I have done in the past, I am once again scheduling an increase in my fees. I expect my assistant to continue to pick up more tasks linked to the URSSAF, CPAM and other public offices procedures. She already handles most dealings with the offices who register self-employed people.&nbsp;<br>1st meeting/1st work: 350 euros for 2 hours&nbsp;<br>Extra per hour: 150 euros&nbsp;<br>Handling mail in my office: 50 euros per month&nbsp;<br>Handling mail at my home: 60 euros per month&nbsp;<br>Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation&nbsp;<br>Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR SUMMER VACATION</span></strong><br>The office will be closed for three weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. 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">MY BUSINESS HAS A NEW FACEBOOK PAGE</span></strong><br>Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.</p>



<p>Since I am already active in a few Facebook groups and my website is my main showcase, I did not feel I needed such a page. On the other hand, it will no doubt benefit her. I do not have the time to monitor this forum and so far, it has been fairly quiet. Sarah is still figuring out how to handle this new task, being quite busy herself. I am sure it will be a great space for exchanges and hope it will pick up soon.</p>



<p>You are welcome to join:<br><a rel="noreferrer noopener" href="https://ymlpcl1.net/46e43useuaraewjuwatammqagajsew/click.php" target="_blank">https://www.facebook.com/rattachement</a></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>FRENCH FUNDING FOR CONTINUING EDUCATION</em><br/><br/></h2><p class="kt-blocks-info-box-text"><em>I am British and I was born in France but I am not French. I would like to apply for naturalization. I have a carte de séjour as a British citizen till 2026 that allows me to perform any professional activity. I have been offered work teaching English conversation in person at a small private language school. I have over twenty years of teaching experience in several British universities. I was told that I need a numéro de déclaration d’activité (NDA) number and I do not know what it is nor where to get it. There are a few things I’d like to communicate further. I have a C1 level in French. I have a website linked to my teaching and editing-proofreading business. I assume I do not need to include any foreign tax forms for this request, which I gave to the prefecture. Thank you for telling me how to get it right away, this school is waiting for me.</em></p></div></a></div>



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<div id="kt-info-box_471bf9-bd" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">I would like to explain how to be an English teacher in France before discussing the NDA, which is the special status needed in order to be paid with French public funding for continuing education.<br/>First and foremost, anyone teaching in a classroom in France must be an employee. It is illegal for a school to hire self-employed teachers (often called auto-entrepreneurs). A school doing so runs a risk of incurring hefty fines and penalties, not to mention the social charges URSSAF will collect, as it considers the payment made as net salary and will calculate income tax withholding and social charges on it. Thus there is a serious problem with the way the school wants to hire you. Only the school itself, or an independent teacher, can obtain an NDA.<br/>Unfortunately, however, many language schools operate with independent teachers and manage to be fully staffed, so let’s set aside this legal issue and instead review the need to register your teaching activity with URSSAF, as it is impossible to get an NDA without it.<br/>Even though you are laser-focused on being recognized as an English teacher, I always advise my clients to think broadly about their professional activities and register as many different tasks and positions as it is reasonable to claim. Many of the ones mentioned by INSEE do not require a diploma. With a registration specifying only “teacher” as your primary activity, you are in effect creating a school with one teacher: you. You can register this profession libérale activity with URSSAF online.<br/>Once you are fully registered, you need to get to the second level and be recognized as being worthy of being among the teachers offering continuing education. Continuing education financing in France is part of the social safety net and is funded by the social charges that employers and self-employed people pay. French law obliges employers and the self-employed to contribute to a fund that individuals who qualify can use to get further education without having to pay the school. It amounts to a sophisticated and complex system of tax credits to encourage continuing education. This tax credit can only pay for training, courses and schools that have an NDA, which is like a special license. An employee can ask their employer to fund a course given by a teacher or school with an NDA. If the employer accepts, the employee submits a request to the fund manager.<br/><br/>There is a rather strict and complex procedure to be accredited to benefit from this program. Here are the requirements and procedure to obtain this status:<br/>The applicant must provide appropriate professional training. The procedure starts with filing a declaration of activity with the special control office of a regional department known as DREETS (direction régionale de l’économie, de l’emploi, du travail et des solidarités). The file must include a detailed description of the curriculum and pedagogical methods used, along with profiles of the students and their employers. The declaration of activity allows you to benefit from a TVA exemption. The teacher or school must also submit a full pedagogical and financial report every year to the DREETS.<br/><br/>To be eligible, the applicant must carry out one of the following types of skills development:<br/>• training<br/>• skills assessment<br/>• actions allowing validation of acquired experience<br/>• apprenticeship training.<br/>• The application must be filed within three months after signing the first training contract with the client. Once the NDA is obtained, it must appear on all estimates, invoices, training contracts and other documents.<br/><br/>The applicant must respect certain conditions when providing training courses: in particular, a curriculum must be provided to the student and a certificate must be issued at the end of the training. In addition, certain information must be included in the training contracts. It can take several years to comply with all the requirements concerned.<br/>This information can be found on the following French government website.<br/>https://entreprendre.service-public.fr/vosdroits/F19087<br/>All this brings me back to my original statement that, as a teacher working for a school, whether as an employee or self-employed, you do not need an NDA. The school should have it. You do not need it at all unless you want to create and operate a school of the size needed to comply with the requirements.<br/>As for applying for naturalization, I believe you have little chance of success because one major requirement is to be perfectly law-abiding. If you are working as a self-employed teacher in a classroom, this disqualifies you, as it is illegal. Be aware that the fact that you were born in France does not grant you any special rights. I assume that you were not a French resident between the ages of 13 to 18, when you could have obtained French citizenship. The important thing is to make sure your work is unquestionably legal before you submit your request, since the process is expensive and takes a lot of time.<br/> </p></div></a></div>



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<div id="kt-info-box_5877a9-34" 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>SELF-EMPLOYED CARTE DE SEJOUR AND BEING AN EMPLOYEE ARE NOT COMPATIBLE</em><br/><br/></h2><p class="kt-blocks-info-box-text"><em>I have a carte de séjour pluriannuelle (profession libérale) and I am being offered a CDI job in a different industry from my profession libérale. Is it illegal for me to do that? I read an article on the URRSAF website saying that I can be both an employee and self-employed as long as it is not in the same industry. I hope this is OK as I already have the CDI with a private employer. Moreover, I submitted my dossier for citizenship with this. They accepted my dossier and they have not said anything. I need to be reassured, because something feels wrong.</em></p></div></a></div>



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<div id="kt-info-box_ca0c74-37" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">I am sorry to tell you that you are running a huge risk of losing ALL your rights to stay in France. A<em> carte de séjour </em>is issued on specific legal grounds that you must comply with. You asked for and obtained the right to run a business as a self-employed person. All you have is the right to be self-employed; it excludes the right to work as an employee. The probable consequence is that you will receive a negative answer from the prefecture, which will include an expulsion order because you signed a CDI. You have a choice: either stop being an employee right away and explain the situation to the employer, or immediately submit a request to the prefecture to change your immigration status to obtain the right to be an employee.<br/><br/>You have completely misunderstood the hierarchy of authorities involved. The prefecture deals with your immigration status, which defines both the right to work and the right to live in France. URSSAF does not have any jurisdiction over immigration. As a non-European foreigner, you must secure the right to do the type of work that you wish to exercise. It is only possible for French people, and foreigners with equivalent rights, to be an employee and self-employed at the same time.<br/><br/>Furthermore, you have added a significant layer of liability by submitting a request for French citizenship. Such requests entail the French equivalent of the FBI doing a complete investigation on you. Any illegal status will be discovered in no time and will disqualify you immediately from being naturalized. Furthermore, the information is passed on to the prefecture, which might not have picked up what you have done yet, but will know for sure once they receive this notification. <br/><br/>The prefecture’s acceptance of your file is nothing more than an acknowledgment that they received it and will review it. The trouble starts once it is opened and a civil servant sees the documents it contains. If these include proof of your income as a self-employed person and your labor contract as an employee, those alone should warrant an investigation. Your only chance to avoid the worst consequence is to get rid of one or the other before the prefecture contacts you. Then at least you can claim to have been an ignorant foreigner who fixed the situation as soon as you learned about its illegality.</p></div></a></div>



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<div id="kt-info-box_5dfce6-c1" 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-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/><br/></p></div></a></div>



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		<title>The Call of the Wild</title>
		<link>https://www.jeantaquet.com/the-call-of-the-wild/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Fri, 01 Apr 2022 09:41:44 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<category><![CDATA[PACS]]></category>
		<category><![CDATA[Taxe]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2079</guid>

					<description><![CDATA[April&#160;2022 The Call of the Wild&#160;is a short novel by Jack London which was published in 1903 and set in Canada’s Yukon territory. I believe there may be many ways to understand this choice for my title, as it could apply figuratively to many situations both in the USA and in France, as well as [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>April&nbsp;2022</em></h5>



<p><em>The Call of the Wild&nbsp;</em>is a short novel by Jack London which was published in 1903 and set in Canada’s Yukon territory.</p>



<p>I believe there may be many ways to understand this choice for my title, as it could apply figuratively to many situations both in the USA and in France, as well as elsewhere. Many generations have studied this book in secondary school around the world, as it was translated into numerous languages, including French.</p>



<p>Wild is often a synonym for scary, and right now there is a lot of scary news, plus some I suspect has been used to scare the public.</p>



<p>At the same time, I believe this short novel, about a dog surviving horrors and people getting killed to end up the winner at the end, is an allegory. In soapy Hollywood movies with an uplifting ending, the good character wins over the bad one. Buck does become the new leader of the pack. He is not going back to living with the humans. So this is a very different twist.</p>



<p><strong><span style="color:#5182FF" class="color">MEMORIES FROM A READER ABOUT THE BERLIN WALL</span></strong><br>A reader recently sent me this message:<br>“Your story of the Iron Curtain brought back memories of a family vacation to Europe in the 1950s and 1960s. We drove throughout Europe. We drove across East Germany to Berlin and visited East Berlin. While there, we met a young man, an East German, who was desperate to escape East Germany but had no way of getting out. My soft-hearted mother (who made all the decisions in our family) decided we were going to get him out. At the appointed time on the day we were leaving Berlin, we met the young man and somehow got him into the trunk of the car, packed behind our luggage. While my memories have faded, the car was not searched when we left Berlin to drive across East Germany and back into West Germany – because seriously, who would search a car with an attractive, smooth-talking, middle-aged American woman behind the wheel, my father in the passenger seat, and two children under 10 sitting in the back seat. We were the picture of the innocent, possibly clueless, American tourist family. I have no idea what happened to the young man, but I hope he went on to lead a happy life of freedom in the west. We still marvel at my mother&#8217;s courage and humanity.”</p>



<p>I do not need to say anything more about this very moving account. There are situations that can be considered to have been transposed from ancient times, such as the one above and the one I mentioned about my family facing the Iron Curtain. They have been talked more and more often ever since the Eastern Bloc fell apart on 9 November 1989 after the fall of the Berlin Wall. Many might not see the connection between this and the war in Ukraine. I believe there is a strong one.</p>



<p><span style="color:#5182FF" class="color"><strong>THE FRENCH PRESIDENTIAL ELECTION</strong>&nbsp;</span><br>French elections are in two rounds. This year the first voting in the presidential election will be on April 10th. During the campaign, 10 or more nationally recognized candidates will have airtime on national TV. Their campaign financing will be paid in part by the government in an attempt to give everybody a fair chance. The second round will be on April 24th. The result of the first round, which determines who will qualify for the second one, is still quite uncertain. French politics will be affected in different ways depending on whether President Macron ends up opposing a far-right candidate, a mainstream conservative or a leftist opponent. All the polls indicate he will win the second round against any of the potential opponents. If his challenger is a leftist, President Macron will appear quite conservative. On the other hand, if faced with a mainstream conservative, he will need to appear progressive in order to differentiate himself in the debates and campaign. Facing a far-right candidate, he will need to play the role of the savior of France against chaos and the unacceptable. Polls show that this positioning is increasingly less accepted as more and more people are critical of his overall policy as president.</p>



<p><strong><span style="color:#5182FF" class="color">SUSPENSION OF NEARLY ALL COVID REGULATIONS AND RESTRICTIONS</span></strong><br>Improvement of the public health situation amid the COVID-19 pandemic, at least until recently, and a decrease in pressure on hospitals led the prime minister to announce on March 3rd that the vaccine pass requirement in most places would be suspended and the wearing of masks indoors would no longer be required, except in public transport and health establishments, as of March 14th. It must be noted that this comes at the time of having a presidential election. Bear in mind that this was just a suspension: depending on the election results and the evolution of the pandemic in April, restrictions could be partly or completely reinstated.</p>



<p><span style="color:#5182FF" class="color"><strong>COMPARISON OF THE FRENCH AND AMERICAN SUPREME COURTS</strong>&nbsp;</span><br>Last month the American media and, to a certain extent, foreign media covered hearings on the latest US Supreme Court nominee. Listening to large sections of them reminded me of my law school courses in constitutional and civil law, including the position and power of the US Supreme Court compared with the French equivalents. France has three courts corresponding to the US Supreme Court: the Cour de Cassation, Conseil d’État and Conseil Constitutionnel. The Cour de Cassation is the closest to its American counterpart, as it is the last level of jurisdiction and issues the definitive precedents that become the rule of the land. A tiny technical difference between it and the American court has a huge impact on their respective influence. The French court rules only on the legal issues and not on all the arguments, but it must rule on all appeals it receives. Therefore its authority is diluted by its huge number of decisions, which means the media rarely talks about its rulings. By contrast, the US Supreme Court has the right to choose which cases it will rule on and thus issues far fewer decisions. Therefore, almost all of them make headlines and are commented on in the media, sometimes for days. Even a decision to postpone review of an appeal may be widely commented on.</p>



<p>Similarly, although the judges sitting on the bench of both courts are appointed for life, the French media never mentions who are the latest members nominated, and hardly anybody in France knows their names, as there are over 200 judges divided into six chambers!</p>



<p>As for the other two, the Conseil d’État is the Supreme Court for matters involving the French government apparatus, as what we call<em>droit administratif&nbsp;</em>has its own system of jurisdiction. The Conseil Constitutionnel stands alone and rules on disputes regarding interpretation of the French constitution.</p>



<p><strong><span style="color:#5182FF" class="color">“A SURVIVAL HOME IN PARIS” WILL BE AVAILABLE SOON</span></strong><br>This feels like a tale even for me. It started in the spring of 2018, when the real estate agent who helped me find my current office approached me because the space next door to mine was for sale and he had just got the mandate. I did not see a need for it. I had moved into my office less than two years before. I did not know what I could do with it. At the same time, I remembered the office I had near the Place Saint-Georges for seven years, which had two large rooms. I rented out the front one and used the one with the veranda. Most of my tenants were start-up creators, consultants or other independents who needed such a place to make their professional transition. I always liked being able to offer a professional setting at an affordable price and thus help people launch their careers. In the autumn of 2018, recalling all this made me think again about the agent’s proposal, so I made an offer.</p>



<p>Not until April 2019 was an offer of mine finally accepted. I truly thought then that the sale would go through quickly. I mentioned this project in the May 2019 issue with great optimism.</p>



<p>What followed was two years of mostly silence, with sparks of false hope a couple of times when my<em>&nbsp;notaire&nbsp;</em>would schedule a signing date that later fell through. Then, out of the blue, just before Christmas the seller was ready and wanted to close right away. The idea that I had had in late 2018 was no longer viable, mainly because of the COVID pandemic. I took some quiet time to rethink the project, taking into consideration the major changes of the past few years. This investment had to be financially sustainable.</p>



<p>Now, thanks to my family members and Stephen Heiner, a client and a friend who helps Americans adapt to French life, I believe we can offer a good deal renting out this one-room studio of almost 329 square feet (30 square meters). My goal is to rent by the month for between one and six months. Clients sometimes ask to use my address, which they need to give to the consulate and later the prefecture while hopping from a weekly rental to the next before finding a more stable place and settling down with a longer-term lease. This truly unpleasant experience can be avoided now that I have an address in Paris where the person can go straight from the airport. The studio can serve as a place for someone who has either secured a long-stay visa or is submitting a request for one. It will be an interim place for such people to stay. It could also be for someone who is in France on a 90-day visa waiver to “test drive” whether living in France is for them. After 25 years of offering “A Survival Kit for Paris,” I will now also be able to propose “A Survival Home in Paris” for those who need it as an extension of my services.</p>



<p>For those who do not know, my office is located in the 11th arrondissement between Nation and Bastille. It is a real up-and-coming arrondissement, and the property is served by five metro and RER lines.</p>



<p>It will need some renovation before providing a comfortable and enjoyable stay. I will let my readers know when I start taking reservations.</p>



<p><strong><span style="color:#5182FF" class="color">FRENCH INCOME TAX: IT IS ALMOST TIME TO DECLARE!</span></strong><br>On a more mundane topic, I would like to remind everybody that the paper version of the 2021 income declaration must be filed in France by midnight on May 19th, 2022. The declaration forms will be available at&nbsp;<a rel="noreferrer noopener" href="https://ymlpcl1.net/92f19usjuaxaewjjjakambsazajsew/click.php" target="_blank">www.impots.gouv.fr</a>&nbsp;on April 7th. That is also the day you can start filing your declaration on the same website. To do so, you need your tax ID number (numéro fiscal) and a password.</p>



<p>First-time income declarations to the French tax office should be prepared using the paper form, and the “first time” box on the CERFA #2042 form where it says<em>&nbsp;Vous déposez une déclaration pour la première fois cochez”&nbsp;</em>must be checked. It is possible to obtain the needed information from the tax office to declare for the first time electronically, but I tend to advise against this, because it is a lot easier to see and hence understand how the system works if the filer is looking at paper documents.</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 by May 24th.</li><li><em>départements&nbsp;</em>20 to 49 by May 31st.</li><li><em>départements&nbsp;</em>50 or higher by June 8th.</li></ul>



<p><strong>Reminder: if you are self-employed in France, the quarterly declarations sent to URSSAF do not constitute income tax declarations, which must be sent to the tax office. Many foreigners are under the impression that the quarterly declarations are their only fiscal obligation.</strong></p>



<p>It can happen that there is no tax owed to France, either because it is foreign income not taxed in France or because the taxable income is too low. A problem may arise when the prefecture wants to see the income tax bill from the tax office, the<em>&nbsp;avis d’imposition sur le revenu,&nbsp;</em>as many immigration status ask for it. Unlike in the USA, it is a two-step process. The income declaration is filed and no payment is ever attached to it. Based on this declaration, the tax office issues this<em>&nbsp;avis d’imposition sur le revenu,&nbsp;</em>starting in August as the deadline to pay income tax in France is September 15th. This tax document is required by many organizations both in the public and the private sectors. For example, the CAF the family subsidy organization uses this document among others to decide if the person deserves aid and if so, how much.</p>



<p><strong><span style="color:#5182FF" class="color">A NEW WEBSITE FOR FRENCH BUSINESSES TO SIMPLIFY COMMUNICATION</span></strong><br>I recently received this government communication, which I have translated. I can take no responsibility regarding its accuracy.</p>



<p>Simplification of professional procedures: opening of&nbsp;<a href="https://ymlpcl1.net/54d4dusjeavaewjjjaaambsadajsew/click.php" target="_blank" rel="noreferrer noopener">https://portailpro.gouv.fr</a></p>



<p>Hello,<br>To simplify the life of businesses, a new online service designed to facilitate your tax, social and customs procedures has just been opened for you:&nbsp;<a href="https://ymlpcl1.net/54d4dusjeavaewjjjaaambsadajsew/click.php" target="_blank" rel="noreferrer noopener">https://portailpro.gouv.fr</a></p>



<p>This website, designed in conjunction with a panel of companies to best meet your expectations, was developed by the fiscal administration, URSSAF and Customs (DGFiP, Douane et URSSAF).</p>



<p><a href="https://portailpro.gouv.fr/">https://portailpro.gouv.fr</a>&nbsp;offers you the possibility of:</p>



<ul class="wp-block-list"><li>benefitting from a unique and secure connection giving you access without re-authentication to&nbsp;<a href="https://ymlpcl1.net/887c3usjmacaewjjjavambsarajsew/click.php" target="_blank" rel="noreferrer noopener">urssaf.fr&nbsp;</a>,&nbsp;<a href="https://ymlpcl1.net/92f19usjuaxaewjjjakambsazajsew/click.php" target="_blank" rel="noreferrer noopener">impots.gouv.fr</a>&nbsp;and&nbsp;<a href="https://ymlpcl1.net/0b424usjjakaewjjjarambsarajsew/click.php" target="_blank" rel="noreferrer noopener">douane.gouv.fr</a>&nbsp;services and the first partner site&nbsp;<a href="http://net-entreprises.fr/">net-entreprises.fr</a>;</li><li>having an overview of your tax, social security, and customs obligations and deadlines thanks to a unique and personalized dashboard;</li><li>making your declarations and paying your taxes and contributions from a single site;</li><li>simply and securely engaging in dialogue with the tax authorities, URSSAF and the customs authorities through an integrated messaging system.</li></ul>



<p>Open to all professionals, without the restriction of size or status,&nbsp;<a href="http://portalpro.gouv.fr/">portalpro.gouv.fr</a>&nbsp;offers services more particularly adapted to self-employed employers, SMEs/VSEs and ETIs.</p>



<p>If you wish, you can connect now to&nbsp;<a href="https://ymlpcl1.net/54d4dusjeavaewjjjaaambsadajsew/click.php" target="_blank" rel="noreferrer noopener">https://portailpro.gouv.fr</a>, to create an account and then consult your situation or perform your procedures.</p>



<p>Our portals&nbsp;<a href="https://ymlpcl1.net/887c3usjmacaewjjjavambsarajsew/click.php" target="_blank" rel="noreferrer noopener">urssaf.fr&nbsp;</a>,&nbsp;<a href="https://ymlpcl1.net/92f19usjuaxaewjjjakambsazajsew/click.php" target="_blank" rel="noreferrer noopener">impots.gouv.fr</a>&nbsp;and&nbsp;<a href="https://ymlpcl1.net/0b424usjjakaewjjjarambsarajsew/click.php" target="_blank" rel="noreferrer noopener">douane.gouv.fr</a>&nbsp;remain accessible and usable under the usual conditions.</p>



<p>We hope that this new portal will simplify the completion of your procedures with our services.<br><a href="https://ymlpcl1.net/54d4dusjeavaewjjjaaambsadajsew/click.php" target="_blank" rel="noreferrer noopener">https://portailpro.gouv.fr</a></p>



<p><strong><span style="color:#5182FF" class="color">MY FEES WILL INCREASE ON SEPTEMBER 1st, 2022</span></strong><br>I continue to slowly move toward working fewer hours in the hope of having a lifestyle more compatible with my age. As I have done in the past, I am once again scheduling an increase in my fees. I expect my assistant to continue to pick up more tasks linked to the URSSAF, CPAM and other public offices procedures. She already handles most dealings with the offices who register self-employed people.&nbsp;<br>1st meeting/1st work: 350 euros for 2 hours&nbsp;<br>Extra per hour: 150 euros&nbsp;<br>Handling mail in my office: 50 euros per month&nbsp;<br>Handling mail at my home: 60 euros per month&nbsp;<br>Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation&nbsp;<br>Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR SUMMER VACATION</span></strong><br>The office will be closed for three weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. 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">MY BUSINESS HAS A NEW FACEBOOK PAGE</span></strong><br>Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.</p>



<p>Since I am already active in a few Facebook groups and my website is my main showcase, I did not feel I needed such a page. On the other hand, it will no doubt benefit her. I do not have the time to monitor this forum and so far, it has been fairly quiet. Sarah is still figuring out how to handle this new task, being quite busy herself. I am sure it will be a great space for exchanges and hope it will pick up soon.</p>



<p>You are welcome to join:<br><a href="https://ymlpcl1.net/46e43useuaraewjuwatammqagajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.facebook.com/rattachement</a></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>AS AN EU CITIZEN HOW LITTLE CAN I PAY MYSELF?</em><br/><br/></h2><p class="kt-blocks-info-box-text"><em>My husband is American and I am Belgian and American. We moved a while ago to France for personal reasons and we love it. Shortly after settling I registered with URSSAF and started billing a couple of clients in France while maintaining a lucrative consulting business in the USA. Everybody says I am not paying myself enough, as it must be way over minimum wage to stay in France. They told me that we could lose the right to live in France if I did not earn enough. As of now, I have invoiced from my French company 3,500€ for 2020 and 8,000€ for 2021. Hearing all this, my accountant told me to report for 2022 the amount of 22,500€ and use my American billing if needed to reach this amount. I believe that I could reach 13,800€ in sales this year with just my French clients. Right now I am invoicing all my American clients through my American sole proprietorship. He also advised that life would be easier if I stay under the 32,000€ TVA threshold for auto-entrepreneurs. This is what I have kept in mind with these contracts, so it seems like it would be important not to trigger TVA. Is this correct? Can I get a contract duration indeterminée and continue my auto-entrepreneur consulting practice?</em></p></div></a></div>



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<div id="kt-info-box_471bf9-bd" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">I see a lot of confusion here. I would like to address all the issues you face, including some you did not mention.<br/>First, since you have Belgian citizenship, you are an EU citizen and therefore have as much right to stay in France as a French citizen. Therefore you are not required to earn a minimum amount to be allowed to stay in France. Even when an EU citizen is homeless, on welfare, and so on, the EU treaty does not allow for deporting them to their home country. The obligation to earn at least minimum wage is only true for most non-EU citizens living in France. Second, your husband also has the right to live in France because he is married to you; you are his anchor in France, regardless of how much money the two of you make. Third, you have the right as an EU citizen to hold an employee position while being self-employed in France, just like a French citizen.<br/><br/>Now I would like to address the important issue: your billing. There are two opposing ways to look at this when it comes to settling in France. They have an immediate impact on how much your French earnings are and should be.<br/><br/><strong>1 – You want to minimize the cost of running a business in France as much as possible and therefore pay as little tax as possible.</strong><br/>Your French taxable income can be below the French poverty level, but if you go far below the poverty line, it might reach a point where the prefecture makes it difficult to renew your husband’s <em>carte de séjour. </em>It could seem that you created this tiny business for the sole purpose of getting the prefecture to issue the European immigration ID to your spouse, when the reality of your business is clearly in the USA. If you declare your worldwide income to France, the prefecture will see a significant discrepancy between your French and American earnings. This truly unpleasant aggravation should be avoided.<br/><br/>I would like to give you some critical information here so you do not do anything foolish:<br/>a) – The annual welfare payment, or RSA, for a single person is 5,970€ as net taxable. This amount equals 9,046€ annual billing for a self-employed<em> profession libérale </em>person as this is your status. Note that both of your years in business produced an income below that. I believe that if you earn below that level for more than two years in a row, your public health coverage will not be linked to your business. The two of you would instead be covered by PUMa, which costs about 6.5% of worldwide income. So clearly this must be avoided and therefore you must earn more than that.<br/>b) – The French health care program called CMU-C is free of charge if the person earns less than 9,041€ net annual taxable income. For you this is equal to 13,699€ annual billing.<br/>Therefore I consider that you enter a dangerous zone if you bill less than 13,700€ annually.<br/><br/><strong>2 – You value your anchorage in France and you are investing for your future in France.</strong><br/>This means having a decent business with annual billing of at least the French minimum wage, i.e., billing 23,000€ or more. Choosing this means you are building credit for retirement, sick leave and all the other social programs. For your information, the limit for not paying VAT/TVA is now 34,400 € in annual sales.<br/>Finally, I would like to discuss an aspect of your situation that concerns me a lot. You referred to<em>“maintaining a lucrative consulting business in the USA.”</em><br/>This amounts to cheating on your French income tax and social charges. You can only have one sole proprietor consulting activity and you have to choose to have it either in the USA or in France. I realize this would make your French fiscal liability go through the roof and you would lose a substantial amount of disposable income. I do not have enough expertise to advise you properly on how to address this issue. There is not much you can do about the two past years without an international tax expert helping you.<br/>Therefore I advise you to stop thinking about how little you can earn in France and take care of your American business so as to clear up this situation as soon as possible. </p></div></a></div>



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<div id="kt-info-box_5877a9-34" 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 CONSEQUENCES OF ENDING A PACS</em><br/><br/></h2><p class="kt-blocks-info-box-text"><em>I am an American with a legal stay in France and my relationship is going downhill. I need to know what my rights are. He has been supporting me fully and I am not financially stable enough to support myself, especially if I have only a month or two to get a plan together. We lived together, and have for seven years, but only his name is on the lease.</em></p></div></a></div>



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<div id="kt-info-box_ca0c74-37" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">Most people incorrectly equate the regulation of the PACS with marriage. But the PACS name itself should indicate loud and clear how wrong this is. It stands for Pacte Civil de Solidarité, a contractual agreement that resembles a prenuptial agreement as it exists in France, the USA and many other countries. The template that the town hall distributes covers just one page. This is completely inadequate to lay out the detailed agreement between the two parties linked by this<em> pacte civil de solidarité. </em>This document exists to help the partners decide how they want to regulate financial matters during their communal life. It also defines the steps and procedures needed if the couple split up. This is particularly critical when one partner does not work and completely relies on the other financially. A PACS is a civil union and entails no right to alimony or any other kind of financial support. Everything that needs to happen now is either defined in the PACS or must be decided together during the breakup period.<br/><br/>I see two critical issues you two should talk about and agree upon:<br/>1 – Having some financial support to allow you to find work and then become financially independent. This could include getting him to sign on a new lease with you or being your guarantor.<br/>2 – Determining how the things that are in the apartment should be split between the two of you.<br/><br/>There are also some serious concerns, on top of those mentioned above, about your immigration status. If you hold a<em> carte de résident </em>you are fine; this immigration status will be renewed automatically when the card expires and thus you can consider your immigration status in France to be rock solid. But if you hold a private life card>i> (vie privée &amp; familiale), you will lose your right to that status once the PACS is dissolved. It is therefore critical for you to have a good job, either as an employee or self-employed. The only way to stay in France is to ground your next immigration status on your professional life.<br/><br/>All that being said, I believe it would be foolish to dissolve the PACS before you achieve stability in France. If the romantic relationship allows it, you would be much better off securing a good job and getting a<em> carte de résident. </em>Once you are on firmer ground, you can move out if need be and still stay in France. </p></div></a></div>



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<div id="kt-info-box_5dfce6-c1" 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-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/><br/></p></div></a></div>



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		<title>The Battle of Evermore</title>
		<link>https://www.jeantaquet.com/the-battle-of-evermore/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Tue, 01 Mar 2022 09:55:13 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<category><![CDATA[Procedure]]></category>
		<category><![CDATA[Taxation]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2083</guid>

					<description><![CDATA[March 2022 Queen of light took her bowAnd then she turned to goThe prince of peace embraced the gloomAnd walked the night aloneOh dance in the dark of nightSing to the morning lightThe dark lord rides in force tonightAnd time will tell us allOh throw down your plow and hoeRest not to lock your homesSide by [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>March 2022</em></h5>



<p>Queen of light took her bow<br>And then she turned to go<br>The prince of peace embraced the gloom<br>And walked the night alone<br>Oh dance in the dark of night<br>Sing to the morning light<br>The dark lord rides in force tonight<br>And time will tell us all<br>Oh throw down your plow and hoe<br>Rest not to lock your homes<br>Side by side we wait the might<br>Of the darkest of them all<br>I hear the horses’ thunder<br>Down in the valley blow<br>I’m waiting for the angels of Avalon<br>Waiting for the eastern glow<br>The apples of the valley hold<br>The seas of happiness<br>The ground is rich from tender care<br>Repay do not forget no no<br>Oh dance in the dark of night<br>Sing to the morning light<br>The apples turn to brown and black<br>The tyrant’s face is red<br>Oh the war is common cry<br>Pick up you swords and fly<br>The sky is filled with good and bad<br>That mortals never know<br>Oh well the night is long<br>The beads of time pass slow<br>Tired eyes on the sunrise<br>Waiting for the eastern glow<br>The pain of war cannot exceed<br>The woe of aftermath<br>The drums will shake the castle wall<br>The ring wraiths ride in black<br>Ride on<br>Sing as you raise your bow<br>Shoot straighter than before<br>No comfort has the fire at night<br>That lights the face so cold<br>Oh dance in the dark of night<br>Sing to the mornin’ light<br>The magic runes are writ in gold<br>To bring the balance back<br>Bring it back<br>At last the sun is shining<br>The clouds of blue roll by<br>With flames from the dragon of darkness<br>The sunlight blinds his eyes</p>



<p><em>“The Battle of Evermore,”&nbsp;</em>from the 1971 Led Zeppelin album popularly known as<em>&nbsp;Led Zeppelin IV,</em>&nbsp;is a folk duet whose lyrics allude to J.R.R. Tolkien’s fantasy novel<em>&nbsp;The Lord of the Rings.</em></p>



<p>I discovered this band in junior high and immediately became a fan. These lyrics are very allegoric in the style of J.R.R. Tolkien’s writing and maybe in that way are describing today’s war in eastern Europe. All the same, considering what is at stake, I wanted a title that could be linked to that crisis. I was a fan then and still listen to their albums as often as I can, although not as background music, their music keeps me from working.</p>



<p><strong><span style="color:#5182FF" class="color">EASTERN EUROPE, NOT JUST UKRAINE </span></strong><br>As I write, Russian troops are in Ukraine and appear poised to move westward. Everybody seems to have an opinion about this. Many are talking about WWIII.</p>



<p>My December 2019 issue was titled “The Wall,” after the eleventh studio album by the English rock band Pink Floyd, released on 30 November 1979. This is what I wrote then:</p>



<p>I much prefer the first part of their career when Syd Barrett’s influence was significant, even when he was not there anymore. I often prefer the lesser-known, so my favorite recording is<em>&nbsp;Live at Pompeii,&nbsp;</em>a 1972 concert documentary.</p>



<p>I often thought of choosing it when the border wall policy was making the news for months on end, but that would have been too easy. A very long time ago, I used the Bee Gees song&nbsp;<em>“How deep is your love?”,&nbsp;</em>but adding “how tall is the wall?”, illustrating the fact that when people’s absolute despair pushes them to flee, no barriers, regulations or military border enforcement will deter them: many of them will make it to the other side.</p>



<p>In recent weeks a different wall has been in the news &#8211; the Berlin Wall, and with it what was then called the Iron Curtain that split Europe in two. Of course the division of Germany through the creation of Eastern Germany under Communist rule scarred Europe for almost 40 years. Very few were able to get through the Iron Curtain alive in order to escape these Communist regimes. At the same time, many managed to defect during official trips to the Western countries because they were athletes, musicians, scholars, and they asked for asylum in the countries where they found themselves. They obtained it right away with virtually no procedure.</p>



<p>Remembering my youth growing up in Europe and being aware of the alienation created by this physical wall were some of the reasons that I chose this title. This album is about a man suffering from mental alienation, isolating himself, suffering from paranoia. Having this idea that the wall protects him also played a role in my choice, as it resonates with the news I am getting.</p>



<p><span style="color:#5182FF" class="color"><strong>THE 30th ANNIVERSARY OF THE TEARING DOWN OF THE BERLIN WALL</strong> </span><br>From Wikipedia<br>The Berlin Wall was a guarded concrete barrier that physically and ideologically divided Berlin from 1961 to 1989. Construction of the Wall was commenced by the German Democratic Republic on 13 August 1961…. After several weeks of civil unrest, the East German government announced on 9 November 1989 that all GDR citizens could visit West Germany and West Berlin, ultimately resulting in the demise of the Wall.</p>



<p>Many have written about and commented on the 30th anniversary of the fall of this wall. Many have published articles, videos, testimonies from that time to commemorate this groundbreaking event, which certainly reshaped the Western world, and in my view most if not almost all the international political crises that exist today. This belief stems from the fact that there was a balance of power between two superpowers &#8211; the USA and the USSR, which involved their allied countries. This balance, dangerous because it was backed up by nuclear arsenals, forced those two superpowers to refrain themselves from going too far in the direction of declaring war and invading countries. From the American side the Vietnam War can be looked at from this standpoint. I believe that the invasion of Afghanistan shows the same on the side of the USSR side. At the risk of sticking my neck out too far, I might add that the more recent invasion of the Ukrainian provinces of Crimea and Donbass might not have taken place, had such a balance continued to exist in a different form. Indeed Ukraine has been asking to be part of the EU and is allied with the USA.</p>



<p>The vast majority of the people living in the USA, as well as many Europeans, have never experienced what it meant to face that wall. In reality most of those who had a personal experience were those who lived where these Soviet walls existed. The wall was not a tourist attraction as such until it was torn down.</p>



<p>It so happens that during the summer of 1975, travelling with my parents, our family experienced first-hand what it meant to face this wall. We were staying with my aunt and uncle in Helsinki in Finland, from where we made several day-trips by car. So one day we were driving East in very thick Finnish forests when we saw road signs telling us to turn around, because the road on which we were traveling led to the border with the USSR, which today would be Russia. For miles and miles, my father ignored those signs, which were in just about all the languages that one can think of, with very explicit images. He drove until we met Finnish army personnel holding their machine guns horizontally in shooting position. We could see the tall concrete wall with barbed wire all over it. We could see the Red Army military personnel on top of several watchtowers who spotted us, pointing their machine-guns at us. Very politely the Finnish soldier explained to us in perfect English that we had to turn around immediately and leave the premises. We did!</p>



<p>The USSR was governed by one of the bloodiest and all-around worst dictatorships that modern world history has known.</p>



<p>This concludes my digressions about these topics, or maybe just one topic with several facets. I had no idea that I would be receiving so many testimonies, most of them heartbreaking, but never bitter or angry. I believe that they shed a very interesting light on the two very different narratives told by each side of the argument. I fully agree that there is a need for policies, for enforcing laws, and therefore the establishment of a comprehensive immigration policy. This is true for all the Western countries faced with both an influx of asylum seekers and a large number of undocumented aliens. The truth is that this policy deals with people who are deeply scared by what they went through in their own country, as well as by what they have experienced following their arrival in the West.</p>



<p>Today most Western media are calling Russian President Vladimir Putin a dictator or an autocrat. I believe he wants to be some kind of modern czar, like the rulers of Russia before the 1917 revolution. This fits the Russian way of looking at the situation. It is also clear to me that he is trying to resurrect the former USSR one way or another, or at least regain some control or influence over most of the countries that were part of it.</p>



<p><strong><span style="color:#5182FF" class="color">THE FRENCH PRESIDENTIAL ELECTION</span></strong><br>In France, presidential campaigns and voting are conducted very differently from those in the USA. American elections are almost always between two candidates – a Democrat and a Republican. Only in rare cases is there a significant third candidate.</p>



<p>The French election is in two rounds. This year the first one will be on April 10th. Ten or more nationally recognized candidates will have airtime on national TV. Their campaign financing will be paid in part by the government in an attempt to give everybody a fair chance. The second round will be on April 24th. The maximum amount that can be spent is 16.85 million euros for the first round and 22.51 million euros for the two or possibly three candidates allowed to compete in the second round. For months, French media have published the results of polls trying to determine who will be the candidates competing in the second round. Currently such polls indicate about five candidates who could make it to the final round: the incumbent President Emmanuel Macron; one leftist candidate; and three from extreme right or conservative parties.</p>



<p>Another issue that the media is now covering extensively and that the public is observing closely to involves the need for any candidate to have at least 500 elected officials as sponsors to be allowed to compete in the first round. Usually national politicians have no problem passing this test, while lesser-known ones from small political parties face a real challenge. Right now there is outrage in some corners over the fact that less than two weeks before the March 4th deadline to secure sponsorship and be declared a candidate, eight candidates have done so while two of the best-polling candidates were still short. This has never happened before. Many believe some candidates and political parties have such a stranglehold on this procedure that they will be able to prevent two of the extreme right candidates from competing. If this is true, it is undemocratic. The voters should choose whom they want to elect. Polls indicate that the excluded candidates could be in second and third place after the first round. This would also mean that five candidates who have enough sponsors would, according to the same polls, have zero chance of reaching the second round.</p>



<p>It will be interesting to find out in the future how this situation came to be and who, if anyone, orchestrated it.</p>



<p><span style="color:#5182FF" class="color"><strong>A NEW WAY TO HANDLE A WATER DAMAGE CLAIM</strong> </span><br>I have often addressed the somewhat unusual way water damage insurance claims are handled in France. It starts with filling out a form, the<em> constat amiable de dégâts des eaux, </em>describing what happened. It gives the location and origin of the leak as well as the extent of damage to both apartments. Both insurance companies are informed and open a claim file. After that, the procedure is regulated by the Convention d’Indemnisation et de Recours des Sinistres Immeuble, or IRSI agreement, which replaced an earlier convention called CIDRE on June 1st, 2018.</p>



<p>The tenant’s insurance covers damage of up to 1,600€ HT, so below that amount the insurance companies do not try to establish liability. They figure it is cheaper to reimburse the insured than let the procedure drag on. In the case of water damage costing between 1,600€ HT and 5,000€ HT to repair, the landlord’s insurance handles what is considered to be real estate damage, while the tenant’s policy covers damage to the furnishings and decor. Consequently, the landlord’s insurer requires an evaluation of the damage so the responsibilities can be determined to start the compensation process.</p>



<p>If the cost of repairing the damage exceeds 5,000€ HT, the IRSI agreement does not apply; the insurance company of the party responsible for the damage pays for everything.</p>



<p>The insurance companies are trying to be cost-effective, but may be going too far. Some issue compensation based on a description of the damage – for example, a wall needs to be repainted. Compensation may be based simply on the surface area needing work. Recently I encountered a new way of evaluating damage: to see the condition of the apartment, the insurance valuer took control of the occupant’s smartphone and recorded what the rooms looked like.</p>



<p>In the old days there would have been in-person meetings involving the tenants, the landlord, the property management firm and each insurance company’s valuer. Such meetings could drag on forever because of the conflicting interests represented. At the same time, the policy holders felt recognized and defended by their insurance company. Today, in the vast majority of water damage cases, your insurance company defends its best interests, not yours.</p>



<p><strong><span style="color:#5182FF" class="color">MY FEES WILL INCREASE ON SEPTEMBER 1st, 2022</span></strong></p>



<p>I continue to slowly move toward working fewer hours in the hope of having a lifestyle more compatible with my age. As I have done in the past, I am once again scheduling an increase in my fees. I expect my assistant to continue to pick up more tasks linked to the URSSAF, CPAM and other public offices procedures. She already handles most dealings with the offices who register self-employed people. <br>1st meeting/1st work: 350 euros for 2 hours <br>Extra per hour: 150 euros <br>Handling mail in my office: 50 euros per month <br>Handling mail at my home: 60 euros per month <br>Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation <br>Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR SUMMER VACATION</span></strong><br>The office will be closed for three weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. 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">MY BUSINESS HAS A NEW FACEBOOK PAGE</span></strong><br>Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.</p>



<p>Since I am already active in a few Facebook groups and my website is my main showcase, I did not feel I needed such a page. On the other hand, it will no doubt benefit her. I do not have the time to monitor this forum and so far, it has been fairly quiet. Sarah is still figuring out how to handle this new task, being quite busy herself. I am sure it will be a great space for exchanges and hope it will pick up soon.</p>



<p>You are welcome to join:<br><a href="https://ymlpcl1.net/46e43useuaraewjuwatammqagajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.facebook.com/rattachement</a></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>FRENCH TAXATION AND PAYING FOR FRENCH HEALTH COVERAGE<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>After many years of dreaming about it, we recently moved to France. One of our first actions upon arrival from the USA was to register our visas. We now await notice regarding the medical examination. We are concerned with the social security payment situation. We sold some property in the USA in 2021. It generated a huge capital gain taxable income for that year. My concern is that France will charge us for the public health coverage based on our 2021 taxes, even though we were not living here at that time. I have been trying to research this, but the only information I have discovered is that, if France does indeed charge us based on our singular 2021 income, we will pay about 20,000€ each, which would be very disappointing.</em></p></div></a></div>



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<div id="kt-info-box_471bf9-bd" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">I hear your concern but I do not see how this is possible. I would like to reassure you that such a scenario cannot exist. The first thing is to address the issues in detail.<br/><strong>1 &#8211; There is indeed an obligation to declare your income to France as a French immigrant.</strong><br/>Your message indicates that you have just arrived in France. Assuming that means in 2022, you will declare your worldwide 2022 income to the French tax office in April, May or June 2023. That will be your first declaration. You will never declare your 2021 income to France, since you were not a French resident. I do not see how the French authorities can know what your 2021 income was, which included the capital gain.<br/>A side issue will be the renewal of your immigration status in about a year or less. The file involved is now submitted exclusively online. Furthermore, it can be uploaded without any French tax documents. At the time of submission, it will be impossible for you to have any such documents. Also, unless the prefecture drastically changes its policy, it will not require Americans to submit French or American income tax documents. Thus you will not legally be obliged to do so. It is then your choice to declare or not.<br/><br/><strong>2 &#8211; URSSAF collects the PUMa premium.</strong><br/>The agency called URSSAF, which collects social charges, only knows about your worldwide income if you declare it to the French tax office. Only in the last few years has URSSAF had access to the French income tax declaration. You may be charged for French health care, known as PUMa<em> (protection universelle maladie) </em>if you declare your worldwide income. Indeed there is a disconnect between paying into the system and having coverage. This French income declaration includes what is earned in the USA. If you do not declare, you cannot be charged.<br/>Thus, although it is against French fiscal law, you might be better off not declaring at all. But if you do get coverage by PUMa, this would be considered a sort of tax fraud, and would also have other consequences.<br/><br/><strong>3 – You may obtain a<em> carte de résident </em>and French nationality</strong>.<br/>Holding<em> visiteur </em>status is often the first step in a lengthy procedure to obtain a residence card, valid for ten years. Requirements for its issuance include proving a minimum of five years of French fiscal residence. Hence this is one trade-off of declaring worldwide income to France. The<em> carte de résident </em>is mandatory for requesting naturalization. You thus have a choice between staying with the<em> carte de séjour visiteur </em>and getting away with not declaring to the French tax office and not having PUMa coverage, or declaring your worldwide income to the French, possibly paying for PUMa and getting ready for better immigration status.<br/><br/><strong>4 &#8211; CPAM provides French public health coverage.</strong><br/>The 1999 law on universal health coverage states that the French public healthcare system covers everybody residing in France legally. This sounds insane to Americans because of the disconnect between having coverage and paying anything toward it. But as an immigrant holding<em> visiteur </em>status, this provision includes you if you want to sign for it. There is no age limit, no declaration of preexisting conditions, no medical test required in order to register for your local<em> caisse primaire d&#8217;assurance maladie </em>(CPAM), which administers PUMa. On the other hand, the file to register is about as comprehensive as the one for the prefecture: you must prove your legal status in France and your actual presence for at least six months of the year, even though the official guidelines state three months. The file does not ask for French fiscal documents. Indeed, you are supposed to be able to register after staying in France for three months or more, and French fiscal documents are not available until about 18 months after your arrival. I repeat: if you register with CPAM and do not declare your income to France, it is tantamount to cheating on taxes.<br/><br/>I hope this explains the links between all these issues and will help you make the right choice depending on your goals – either permanent residency in France or limiting interaction with the French administration as much as possible.</p></div></a></div>



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<div id="kt-info-box_5877a9-34" 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 CURRENT TIMEFRAME OF THE REGULARIZATION PROCEDURE<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I had a legal stay in France for several years, and I lost it a couple of years ago. Thanks to my now PACSed French partner, I was able to submit the initial request for a private-life carte de séjour a few days ago. The automated reply included this statement: “le délai moyen d’instruction d’un dossier complet est actuellement de 6 mois. Il est inutile de déposer plusieurs demandes.” I was planning to get back to the USA this summer. I have already bought tickets, so I hope things go a bit faster than they say or that I can find a workaround!!!! Waiting six months as an average means sometime in July. I will be gone by then. What do I risk?</em></p></div></a></div>



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<div id="kt-info-box_ca0c74-37" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">To answer this question I must first review your current situation and what it means to the procedure you have just started. You uploaded all the documents the website asked for, received confirmation that the upload was complete and then got this message.<br/>I need to remind you that losing the legal right of immigration and continuing to stay in France means you are an undocumented alien, and have violated the immigration code and committed a felony. I would think you would appreciate the leniency of the French legal system in allowing you to obtain legal immigration status. A six-month wait should be seen as a small inconvenience in regard to what this procedure offers you. In other words, you have been in France illegally for a couple of years (I assume that you did not leave France when you lost your legal status). Waiting a few more months should not be that difficult. I understand that you are anxious to visit the USA, but you need to be reasonable. Furthermore, the complete procedure is going to take a long time. Even if you are lucky and get the approval in half the time mentioned by the prefecture, it is extremely unlikely that you will receive the<em> carte de séjour </em>in time to travel safely to the USA and back. It would be wise to cancel the trip and get a refund for your tickets, if possible.<br/><br/><strong>1 &#8211; Why the initial procedure takes six months</strong><br/>The prefecture is telling you that this is the average duration. Keep in mind two things. First, the prefecture’s priority is dealing with the normal procedures of people who have a legal stay in France. Your file will be reviewed when it can be done. Second, the prefecture does not like these regularization procedures. The applicant is an undocumented alien living with an illegal status. Reviewing them slowly, or even very slowly, is a way to express disapproval of giving illegal immigrants a legal stay. Nevertheless, you can assume that it might be shorter because you are American and your request is fairly strong. If the prefecture considers your file to be perfectly documented, it may quickly rule in your favor, in less than the stated average. You just cannot know when you will get their answer.<br/><br/><strong>2 &#8211; Creating a<em> carte de séjour </em>takes about three months</strong><br/>After the file is submitted and the prefecture has approved it, it gives you an appointment. It will want to check your original documents and any updates, and you will be fingerprinted and have to sign a form asking for the<em> carte de séjour. </em>This appointment is always scheduled at least two weeks after the approval, so you need to add that delay to your estimate.<br/>At the end of the meeting, you will get a temporary paper ID called a<em>récépissé. </em>After that it takes two to three months to produce the card and have it sent to the prefecture. Then you have to get an appointment to pick it up. It is public knowledge that this appointment can be several weeks in the future. Thus, to be realistic, add four months to whatever time it will take the prefecture to approve your request.<br/><br/><strong>3 &#8211; You are not legally allowed to leave France without a<em> carte de séjour</em></strong><br/>The<em> récépissé </em>gives you a legal stay in France but does not allow you to leave France. Indeed, this is the only time this paper ID is not backed up by an expired immigration ID, such as a visa or a<em> carte de séjour. </em>As an American, you have the right to go in and out of France on your passport alone, so this legislation does not apply to you – unless the borders are closed, and who knows if this will be the case again in the future? If such a closure should happen while you are in the USA with just the temporary paper ID, the solution is called a <em>visa de retour. </em>It is issued when the foreigner does not having ID proving that they have a valid immigration right that would allow them to return to France. A French consulate will check with your prefecture to see if you have such a right.<br/><br/>So, my advice is not to even think of leaving France before you have the meeting at the prefecture. Until then you will not know if your immigration request has been approved. Imagine how the prefecture would react if asked for a<em> visa de retour </em>when it had not yet ruled on your case. I believe you would lose everything, and have to ask for a long-stay visa using the normal procedure in the USA, starting with an appointment with VFS Global and submitting the entire file you gave the prefecture – with the slight handicap that, legally speaking, you are not living with your partner. Indeed, legally speaking, asking for a visa means you are entering France for the first time. Even if you hold a<em> récépissé, </em>you could still have to go through this procedure if the borders close, but at least you would know you will be approved and come back to France. Still, you could be stuck in the USA for a while. </p></div></a></div>



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<div id="kt-info-box_7fb956-c5" 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>WORKING FOR A NON-FRENCH COMPANY AS A FRENCH<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am an American and am currently exploring freelancing opportunities in France. I am already in discussion with a company in Germany that has agreed to use my freelancing services. But I have a couple of questions: 1. I have been living in France for the past five years, so I have an address and a bank account. I won’t have any problem proving that I have sufficient funds. But I am not sure what type of visa I should apply for. What documents do I need?</em><br/><em>2. Can I start freelancing with a vie privée visa? Is there any cap on my earnings with this visa?</em></p></div></a></div>



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<div id="kt-info-box_d72944-58" 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-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">The immigration issue needs to be addressed first. You hold the private life<em> (vie privée &amp; familiale) </em>immigration status, which gives you all types of right to work in France without having to ask for them. So, to answer your question, yes you have the right to be a French freelancer once you register your business with URSSAF, and there is no limit to how much you can earn.<br/>The other issue is more complicated. As an independent registered in France, you need to manage your business so that you have multiple clients as quickly as possible. If you wish to register a business, you must understand that either you will be building your career as an independent consultant OR this status is only for a short time, a year or so, and your goal is to work as an employee, in France or elsewhere.<br/><br/>I would like to review in some detail the offer you got from the company in Germany. I see two very different issues:<br/>1 &#8211; What can you do right now?<br/>2 &#8211; How do you see your future career?<br/><br/><strong>1 &#8211; Right now</strong><br/>Registering your business takes half an hour or less, depending on how well you prepare the information needed. Once that is done, you need to get a copy of the P0 form you have just filled out. You also need to create a template for your invoices and receipts.<br/>You will get confirmation from INSEE that your business officially exists. This is the first thing you will receive in the mail.<br/><br/><strong>2 &#8211; Future career</strong><br/>You might hear people talking about the serious danger of signing with just one client. The danger exists, but 90% of the time is misunderstood.<br/>The risk involves the procedure that inspectors and police have regarding taxes and social charges. If they decide the reality is that you are an employee of your only client, your legal and fiscal status will have to be changed.<br/>My main observation about this is that the profile of a real consultant is someone who works for one client for a few months full time and then moves on to another one. What the inspectors look at is how much independence you have in your work. The French definition of an employee involves being subordinate:<em> le lien de subordination </em>is the legal concept mentioned in the law. If you are perfectly happy with your first client, you then need to decide about your career. If you want to be their employee, it is possible but needs to be worth it, as the paperwork is substantial. Or, if you prefer being independent, the first client may only be the start of a new career.</p></div></a></div>



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<div id="kt-info-box_5dfce6-c1" 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-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></a></div>
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