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		<title>PEOPLE ARE STRANGE</title>
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		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Fri, 01 Dec 2023 07:01:35 +0000</pubDate>
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					<description><![CDATA[December 2023 &#8220;PEOPLE ARE STRANGE&#8221; People are strangeWhen you’re a strangerFaces look uglyWhen you’re aloneWomen seem wickedWhen you’re unwantedStreets are unevenWhen you’re downWhen you’re strangeFaces come out of the rainWhen you’re strangeNo one remembers your nameWhen you’re strangeWhen you’re strangeWhen you’re strangePeople are strangeWhen you’re a strangerFaces look uglyWhen you’re aloneWomen seem wickedWhen you’re unwantedStreets are [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>December 2023</em></h5>



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<h2 class="kt-adv-heading3363_db94ee-55 wp-block-kadence-advancedheading has-black-color has-text-color" data-kb-block="kb-adv-heading3363_db94ee-55"><strong>&#8220;<strong>PEOPLE ARE STRANGE&#8221;</strong></strong></h2>



<p>People are strange<br>When you’re a stranger<br>Faces look ugly<br>When you’re alone<br>Women seem wicked<br>When you’re unwanted<br>Streets are uneven<br>When you’re down<br>When you’re strange<br>Faces come out of the rain<br>When you’re strange<br>No one remembers your name<br>When you’re strange<br>When you’re strange<br>When you’re strange<br>People are strange<br>When you’re a stranger<br>Faces look ugly<br>When you’re alone<br>Women seem wicked<br>When you’re unwanted<br>Streets are uneven<br>When you’re down<br>When you’re strange<br>Faces come out of the rain<br>When you’re strange<br>No one remembers your name<br>When you’re strange<br>When you’re strange<br>When you’re strange<br>All right, yeah<br>When you’re strange<br>Faces come out of the rain<br>When you’re strange<br>No one remembers your name<br>When you’re strange<br>When you’re strange<br>When you’re strange</p>



<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 happy holidays. We can hope that 2024 will bring what we wish for. The COVID crisis was supposed to be over but I still know of people getting infected. I hope we all can find a way to sincerely exchange best wishes with each other. There will always be worries and looming dangers here and there. With such a crucial election due late next year, we can expect to go through a wide range of emotions. That being said, I wish you all</p>



<p><strong>A MERRY CHRISTMAS AND A HAPPY NEW YEAR</strong></p>



<p><strong>WIKIPEDIA</strong><br>“People Are Strange” is a song by the American rock band the Doors. It appears on the band’s second studio album,&nbsp;<em>Strange Days,&nbsp;</em>released in September 1967. The song was written by the Doors’ vocalist Jim Morrison and guitarist Robby Krieger, although all of the band are credited on the sleeve notes.</p>



<p>I know this should not be the title of a Christmas column. At the same time, I could not find much to rejoice in, looking forward to the various celebrations at the end of the year. It is easy to be caught up in everything that is bleak right now, and the media is good at dramatizing what is happening. My second choice was “Strange Days” by the same band.</p>



<p>For a very long time, the stranger was the foreigner, coming from &#8220;far away&#8221;. Today the stranger is the person who is different, who votes differently&#8230; I read the lyrics a couple of times with that focus in mind and they work well.</p>



<p><strong>SANS PAPIERS – ILLEGAL IMMIGRANT – ASYLUM SEEKER</strong><br>Over the last few months I have undertaken a project where I talk about the other side of immigration. This month’s column is the last issue. I would like to thank everyone who has helped me put it together and enabled me to carry it out for all these months. I have not decided whether I will do anything like this in 2024. Thanks also to those of my readers who have expressed their support, interest, and appreciation.</p>



<p>Illegal immigration is probably one of the top ten most hotly debated topics in many Western countries. A lot of people feel that it should not even be a topic, that the presence of such migrants is illegal and they should be deported. But as it happens, at least in France, there are two different types of situations to consider.</p>



<p>Several provisions in French law give some undocumented aliens the right to a legal stay in France. Such legislation has existed since 1997. Both conservative and liberal administrations have retained this legislation, making only small changes every couple of years or so. The legislation identifies family and employment conditions that confer this right. All prefectures have identified a way for qualified people to submit applications so the administration can review their merits. Thus it is wrong to consider them as criminals who should be deported, since the law allows them to secure a legal stay in France.</p>



<p>Some immigrants cannot fulfill the conditions that give them the right to stay in France. Normally, these people who should be deported. But in reality, they often cannot be sent back “home” because their country of citizenship refuses to receive them. Some countries of origin have a policy of refusing all returning citizens because they are just guilty of staying illegally in France.&nbsp;</p>



<p>Consequently, the apparently common-sense statement that “since they are in the country illegally, they should be deported back to their own country” does not reflect the reality because on many occasions the laws or diplomatic relationships do not allow this to happen.</p>



<p>The French parliament is working on a project to make it easier for undocumented aliens to obtain legal status by loosening the requirements, while at the same time imposing more severe punishment for those undocumented aliens caught by the police. This might seem crazy, as it appears to reward and punish the same people. But that would be incorrect. Once the law sets out the requirements, a foreigner complying with them can exercise that right – this is law school 101. A foreigner who does not comply has a different status and therefore a different outcome. Drunk driving laws, the drinking age, and voting rights – all those are about whether you comply with certain requirements. The very fact that French legislation defines, sometimes in great detail, what it takes to obtain legal status makes any comparison with the situation in the USA irrelevant.</p>



<p>For 30 years, I have assisted people wishing to stay in France legally. I do not really care about how they reached France or what motivated them to leave their country. They are in France and they want to exercise whatever rights they have, so my first job is to make sure they qualify for residency according to the law and how the prefecture applies those laws. Of course, the prefecture devotes as little staff as possible to working on this, so the delays are currently four to five months just to get an appointment, or often scheduled over a year in the case of the Paris prefecture, for my current cases.</p>



<p>My focal point is: now that they are here, do they have the right to stay? And if not, then how can they organize their life so they can stay? This means looking at their future starting with their present situation. The key difference is what support they have as soon as they arrive. It makes a world of difference if they have a place to stay and a family member to take care of them. Then it will take a relatively short time to get settled, possibly look for work, and so on. At the other extreme are people who end up on the street, where they meet other homeless refugees. It can take weeks or months to find out how to contact the French administration and start a refugee procedure. The first thing they need to even start the procedure is a cellular phone and an email address.</p>



<p>From there, it will take much more time to find ways to get food, obtain a place to stay, and, much later, look for work. The refugee procedure in France is long, despite political speeches promising to speed it up. The government hopes that if the procedure can be reduced to a few months, applicants will not be able to put down roots in France and therefore will be easier to deport. Since 2017, the official policy has been to limit it to a maximum of six months. But even though it is done by civil servants obeying the government, the time required for due process combined with the volume of cases makes this limit unrealistic. As of 2021, the official estimate for the complete procedure from first request to appeal was 18 months. The cases I have followed have taken closer to two years, sometimes longer. This is important because the regularization procedure starts with a documented presence of three years. Clearly the government is failing regarding the refugee procedure. Now the French parliament is reviewing new legislation that would facilitate regularization after three years.</p>



<p>The Filipina woman I interviewed for this month’s column came to France in early 2018 with a tourist visa and had been invited by a close relative. Hence, she was welcomed right away and taken in charge. Her first job was supposed to be as a nanny, but she was also the cleaning lady and much more. She ended up staying there three years. She lived in the employer’s maid’s room which was located in the same building as the employer’s apartment, and thus was available 24/7. Today she has her own place and a full-time job as a cleaning lady, plus a smaller job on the side. As she was determined to have a high chance of success at being regularized, she managed to get both employers to declare her and so she fully complies with the requirement of being paid at least French minimum wage (net taxable income of about 1,333 euros per month). Since she has been in France for more than five years, all she needs is to provide is eight pay slips within the last 12 months. Another person with a less secure set-up might have tried to regularize after three years in France &#8211; the requirement for this is 24 pay slips, making a successful application a lot more challenging. The main difficulty for immigrants without papers is to find work with employers who are willing to declare them and pay all related taxes. Unless immigrants in this situation can find such employers, the procedure after three years or even five has a 100% chance of failing.</p>



<p>Here is her statement:</p>



<p><em>“I was already in nursing school when I got married. Soon after came our first child. At about the same time, my husband lost his job. Our financial situation was going to worsen very quickly. He told me about his cousin being a nanny in Paris, financially supporting her entire family. He had already talked to her about me. So they had pretty much prepared for my trip there and found me a place to earn money like she does, which ended up being false! I was pressured by everybody, especially his family. So I gave in. I asked for a one-month tourist visa at the French consulate with the documents she sent me. I got it quickly. It was not a relief, it ended up being the lesser of two evils. It was a very long flight and on top of that I waited hours at that airport for the connecting flight to Paris.</em></p>



<p>“She was waiting for me at the airport and recognized me. She had a maid’s room and there was enough room for a mattress on the floor. Her employer owned it and did not know about me coming. So I needed to be careful and not be seen, so I always used the back staircase. Within months, she found me a job as a nanny being paid cash, but [in] reality it was also working as a cleaning lady. She gave me a crash course on how cleaning was done with French products, how to use the vacuum cleaner, and especially those fancy irons that make a lot of steam. I moved into a place as small as a walk-in closet, with a bed and a sink, owned by the employer. I did manage to stay there for over three years which was how long as I had this job and was undeclared.</p>



<p>“One thing led to another, I got good at public transportation, went to church, and got to know other Filipinas this way. My husband’s cousin has always been supportive and helpful. She regularly checked my paperwork to get the regularization as I was not staying with her anymore. There was always the excruciating pain of missing my son; I admit I missed him more than I missed my husband. Feeling safe at home made me feel safe traveling all over the place. I was not as scared of the police, which was probably reckless on my part looking back.</p>



<p>“About two years ago, I got a good job, a full-time position as a cleaning lady. My employer has a very large apartment and there are four children in the family. So there is a real need for a complete daily cleaning of the place. I am declared for the entire amount of my salary. I rent my own maid’s room, I pay the rent in cash and I do not have a lease or rent receipt. No utilities, nothing is in my name. Last March, I celebrated my five-year anniversary in France, and last September I had my two years of pay slips. The prefecture demands proof of address, which I cannot have. I truly thought of asking my husband’s cousin, who was my dear and sweet hostess at the beginning of my stay, but she moved to the countryside so far from Paris that it was impossible to use her address.</p>



<p><em>“This situation breaks my heart and some nights I cry for hours. I go through despair and anger that I can hardly control. I have not found the solution yet. Even though my husband’s cousin lives far away, she is trying to help me once more. We are now looking for someone who is willing to give me a complete affidavit of lodging that is solid and does not cost too much. On good days, I dream of that day, sitting in the waiting room of the prefecture waiting for my number to be called so that I can give them the file I have cherished all those years. I see myself beaming, walking out of there with a document from them telling me to wait until the&nbsp;carte de séjour&nbsp;is ready. Compared to the almost six years during which I have been trying to get legal, that wait, no matter how long it is, will feel like a breeze. In the middle of all this, I blame myself for being weak and crying about my situation. I thank God for giving me a good stable job, a decent place to live where I feel safe, and for being able to contribute enough to my family.”</em></p>



<p>In 2006, President George W. Bush signed the Secure Fence Act, authorizing 700 miles of double-layered, reinforced fencing. When he left office, more than 500 miles had been completed. I wrote about this issue under the title “How deep is your love? – How tall is the wall?” This fence could be considered an allegory showing that pressure to enter Western countries – in this instance, the USA – is always far greater than the fear of any measures a country takes to block people from coming. Back then, that was the way I illustrated how wrongly the endless debate about foreigners wanting to enter the USA at all costs was being addressed. I identified two different types of migration: economic and humanitarian.</p>



<p>Once one looks at the reality of the world, just the difference in salary offered for the same job throughout the world is a clear explanation for the influx of people into Western countries. Since I have been focusing on Filipino migrants, let us look at the Philippines, whose standard of living is far from being the world’s worst. The average Filipino minimum wage is PHP 12,398 a month, or EUR 210.77. That alone explains a lot why so many Filipinos want to live and work in a country where they can earn that much in a few days. Most of these people prepare for their journey, know who will take care of them when they arrive, and often have a tourist visa sponsored by a relative. That is what is called economic migration, which is similar to what the USA experienced in the 19th and early 20th centuries. The solution is to do what South Korea did, building an economy that offers enough wealth that there is no more incentive to be a cleaning lady in Paris than to be a nurse or middle school teacher in the home country.</p>



<p>In some countries, conditions are so bad that many people end up believing life there is not worth living. The reasons and circumstances that can lead to this belief are incredibly diverse. That is why I am somewhat skeptical about the international definition of refugees asking for asylum. I understand and respect the fact that the drafters of the Geneva Convention had to come up with a definition. At the time, they were describing people fleeing the USSR and its allies in Europe. But a growing number of professionals in this field say that this definition is increasingly outdated. My analysis involves a basic observation: if a person leaves home even though there is a more than a 50% chance of dying during the journey, this indicates that the person considers life at home to be worthless. For example, people in war zones often face nearly certain death if they remain, and thus fleeing is less dangerous.</p>



<p>At the entrance to my office on the left wall is a painting of a flying dove. It was given to me by a Moroccan woman who crossed the Spanish and French borders hidden in the back of a smuggler’s truck. Hosted by a distant relative, she spent several years doing almost nothing, seldom leaving the house. Once she decided to seek legal status in France, she met with me several times at a church in Belleville. I got involved because I knew her host, whose family wanted her to move out. I found her a position as a nanny that came with lodging. That changed her life, and shortly thereafter she offered me a magnific gift, this painting. It expresses the freedom felt, the revival she was going through, and her strong desire to live her life. I choose to close this topic with a tangible message of hope, a hope shared by those who manage to get through these trials and dangers all immigrants share. I have attached a picture of this painting to this issue.</p>



<p><strong>OFFICE CLOSED FOR CHRISTMAS</strong><br>The office will close for three weeks over the Christmas holidays, starting on Friday, December 15th in the evening and reopening on the morning of Monday, January 8th. 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. I will be away from Paris between Christmas and New Year’s.</p>



<p>Reminder: there is no January issue.</p>



<p>Best regards,</p>



<div class="wp-block-kadence-infobox kt-info-box3363_15331b-60"><span 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></span></div>



<div class="wp-block-kadence-infobox kt-info-box3363_4d7631-06"><span 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></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3363_daf5e1-c9"><span 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/>EMPLOYER BULLYING AND EMPLOYEE SICK LEAVE<em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I started working at a firm three years ago. I lived in Italy for nine years and got my master’s there in 2011 before I got a work visa for France. I received the job offer with a relocation package, which included my visa, the apartment, opening the bank account, subscribing to all needed insurance policies, etc.<br/>I have been running the Paris office by myself. Indeed, my boss works in the USA and was until recently on sick leave for about one year. Last June I went on a weeklong sick leave myself as I was exhausted. At that time, I demanded more staff and a bigger budget.<br/>I came back full of energy. All I had asked for had been approved. A month later, my paycheck was reduced as they had made mistakes calculating the social charges. No new employees were taken on nor was there an increase in my budget. Instead, they increased the objectives. I am now constantly exhausted and working way too much. I immediately confronted my boss about all this but I got nothing. I want out of this job.<br/>This said, I want to do it the right way. I want to propose a solution that works for both of us. My doctor has been pushing me to take another sick leave and this time for a longer period. The team has just started a new project so I do not feel good about leaving. I am very scared of going on sick leave. All my French friends tell me to do it. I am having some serious second thoughts even though I know I need it. I need help to understand a few scenarios:<br/>&#8211; medical leave and how that would affect my visa, and whether it is possible to do a planned sick leave starting in September<br/>&#8211; negotiating a rupture conventionnelle and how that would affect my visa<br/>&#8211; whether there is any other type of negotiation that would be better.I trust my boss to help me with the situation and find the right solution for everybody. I care about the work and the team. I know that I must take care of myself. My boss is talking about recruiting my replacement and is forcing me to tell the team that I am leaving. I have not even given my formal resignation! If I follow the doctor’s advice, when do I send the “avis d’arrêt de travail,” and when do I notify my team? Should I write to the people involved? Is it possible to negotiate that leave at the end of the year?</em></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3363_9e640f-a4"><span 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 are struggling with difficulty in adapting to the French way of doing things. In the USA, the employer gives at best a few days of paid sick leave. It is in the employee’s best interest to use an absolute minimum of sick days just in case they are needed later. Also, culturally, the American work ethic is such that a medical condition must be really bad to call in sick, as the employer relies on the employee, who cannot disappoint the boss.<br/>The French rules are different. If you adapt fast enough, you will secure both your financial security and your immigration status. But if you continue to operate with American values and guidelines, as you have done so far, the outcome will be bad. You will have no income and you will not be able to renew your immigration status.<br/>Before addressing the sick leave issue, I would like to look at your key problem: securing your immigration status. When it comes time to renew it, either you have a job with the existing employer or a new one, or you are being compensated by Pôle Emploi, the French unemployment agency, if you were not able to stay in your current job and have not found a new job yet.<br/>In France, you should only quit your job to get a new one, and the new labor contract should already have been signed. When you cannot stand a job anymore, you discretely look for a new one. As you will probably be less attentive and committed to your job, your performance may be of lower quality, and the atmosphere on the job might worsen. But do not quit! It is time-consuming and difficult to dismiss an employee, so you should be able to get a new job before you are fired. This should be your strategy. However, being fired means being guaranteed unemployment payments, and this carries zero stigma. So in many ways, it is an easy decision to make, as there is hardly any risk associated with it. So you do not need to fight being made redundant.<br/>The Pôle Emploi guidelines are clear: if an employee is dismissed, regardless of the procedure used, unemployment payments are guaranteed, usually for over a year. If the employee quits, however, it is next to impossible to get unemployment pay. That is why French employees never quit without having their next job lined up.<br/> <br/>Three situations can exist at the time of an employee<em> carte de séjour </em>renewal:<br/>1 – If the employee has the same job, the documents required are an attestation of presence in the job, issued by the employer, and copies of the last three pay slips.<br/>2 – If the foreigner is unemployed, the file needs to contain three documents from the last employer: a statement for Pôle Emploi, a receipt of final payment, and a statement and work certificate <em>(l’attestation Pôle Emploi, le solde de tout compte, l’attestation de travail).</em> In addition, it should include an initial statement from Pôle Emploi detailing the amount to be received and the duration of this payment.<br/>3 – If the foreigner has a new job, the documents are the three mentioned above <em>(l’attestation Pôle Emploi, le solde de tout compte, l’attestation de travail) </em>plus the new employer’s attestation of presence in the job, copies of the last three pay slips, and work authorizations provided by the employer (<em>l’autorisation de travail).</em><br/> <br/>As you can see from this, the prefecture can handle a file more easily when the applicant is unemployed rather than when they hold a new job.<br/>Now that you know this, it should be obvious that quitting is not an option, as it would be too risky. You are left with two choices: either get a new job or be dismissed one way or another.<br/>Getting a new job is something you can do without my help. So the most urgent issue for you is how to handle the situation in your current job. The most obvious priority is your health. Listen to the doctor, who believes you need to be on sick leave for whatever duration he prescribes. Between the Assurance Maladie regulations and your mutuelle, you should receive about the same amount as your salary while you are on sick leave.<br/>After you go back to work, I imagine you will try to do your best to be the good employee you want to be. I assume the work conditions will not change and you will not get the support you need, so your doctor at some point will put you on sick leave again. As long as you strictly comply with what the doctor orders, your boss will stop pushing you to resign and will propose that you two part ways. In other words, your employer will get fed up with your being off the job and will seek to dismiss you. The only way the employer can do this, given how strictly the dismissal procedure is regulated, is<em> la rupture conventionnelle </em>– an agreement you both sign acknowledging that prolonging your employment is no longer possible and you agree to be dismissed without cause. The key thing is that the employee cannot initiate this procedure; if you try, the employer’s obvious response will be that if you are not happy, you can quit. Since your employer has already pushed you to quit for a while, their position is unlikely to change; they will try to wear you down until your mental condition is such that you quit regardless of the awful consequences for you.<br/>But as long as you are a good employee when you are not on sick leave, and you discuss the job and the missions you are given, you should be able to wear them down instead, so that eventually their best solution is to let you go.<br/> <br/>My last comment: the law is strict about sick leave. Such a leave must mention the duration as well as the hours you must be home so that the employer can come to check on you or CPAM can send a doctor to make sure you are complying with the guidelines. But since you are not working for your current employer, you can take advantage of the rest of the time to look for another job. As long as you are not going to interviews in person, you should be fine.<br/>To conclude this complex discussion, I would like to point out the following: <br/>I – In France, there is no stigma to being dismissed or receiving unemployment. <br/>II – You jeopardize your chances of finding another job in your profession if you depart from the norms.<br/>III – Because dismissal in France is heavily regulated, your former employer cannot reveal the grounds for dismissal or negative details of your work. This does not prevent blacklisting but makes it a lot more difficult. <br/>IV – French doctors are your allies in this situation; you can trust them.<br/>V – The prefecture wants you either employed or unemployed to receive the related payments.<br/>As I said at the beginning, your biggest challenge is to adapt to the French way of doing things.<br/></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3363_cc336c-b1"><span 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/>WHY ARE FRENCH COMPANY TAXES SO HIGH?<br/></h2><p class="kt-blocks-info-box-text"><em>I have been sharing my struggles as a small company owner on several Facebook forums. I am paying an insane amount of tax this year, even though my SASU company is making a very small amount of money. My accountant is fine with my paying twice in taxes the amount I am paying myself. They explain that it is the sum of the VAT, the company’s income tax, the social charges, my income tax, and the provisional payment for next year! This is crazy to start with and, on top of it, it still does not add up when I do my calculations. I believe that the VAT and the professional expenses must be deducted. I now distrust my accountants. Their calculation cannot be correct, and I don’t feel any motivation to keep going. All the money I make goes to pay taxes and expenses. I feel like a slave at this point. I am writing to you so you can explain why I find myself in this situation. Is profession libérale the same as auto-entreprise? I changed because my auto-entreprise did not allow me to deduct anything. I work with several contractors, and spend more than 50% of my income paying them. This is the reason why I opened up my SASU as I was told that it was the only solution. Maybe the truth is that there are other, better statuses.</em></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3363_d4c989-bc"><span 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 question demands a great deal of explanation on many levels. I would like to answer initially with a few words and then get into the details.<br/>The French system strictly separates the fiscal side, which covers taxes (the equivalent of the IRS in the USA) from the social side, which funds social benefits, with URSSAF as the collection agency for that.<br/> <br/>1 – French income taxation, on average, is similar to that in the USA. But French social charges are high, far exceeding the amount of income tax owed.<br/>2 – French businesses, incorporated or not – except those with micro status – pay income tax on profit, i.e., sales minus professional expenses. A good accountant helps you maximize the personal costs that can be defined as professional expenses while minimizing the pure business expenses. As the social charges are also calculated on the profit, it is even more critical to keep the taxable profit as low as possible. <br/>3 – The reasons for operating a limited liability corporation in France can be either to benefit from the limited liability or to be able to be personally paid a much lower amount than what the business is making and therefore leave some money in the corporation. You should be in the latter situation. <br/>4 – <em>Profession libérale </em>is one of three ways one can be self-employed in France<em>. Auto-entrepreneur </em>is one type of fiscal status defining how you pay your social charges to URSSAF.<br/> <br/>A French corporation is legally a<em> personne morale, </em>or juridical person, as opposed to a<em> personne physique, </em>or human person.<br/>American law makes a somewhat weaker distinction between the individuals who are the business owners and the businesses themselves. The basic rule worldwide is that assets, including money held by the corporation, cannot be taken out for personal use, as this is embezzlement.<br/>In the 17th century, during the reign of Louis XIV, France faced the issue of how to structure the world of business. Craftsmanship had been organized through guilds since around the year 900. Guilds were made up of small businesses, usually just a family and a few apprentices. Colbert, the prime minister, came up with the legal concepts of<em> personne physique </em>and<em> personne morale, </em>defining the latter as an entity composed of two or more people that has its own existence, separate from the people who created it. Using that concept, it was possible to regulate corporations, non-profits, unions, associations, and foundations.<br/> <br/>The<em> personne morale </em>is modeled on the human person in that it has:<br/>1) – A birth date, declared to the authorities as soon as possible after its “birth” (i.e., when the bylaws were signed). <br/>2) – A given name, which is protected and cannot be easily changed. <br/>3) – An address, which must be anchored somewhere with a postal address mirroring the proof of address for the individuals<br/>4) – An end of life, originally after 99 years, as in those days it was assumed that a human person never lived to be 100.<br/> <br/>Any professional who helps create and register a corporation should explain to the client that under the French definition, the corporation will be its own legal person and the business owner will always act in two capacities – as a private individual with their own assets and debts, and as the director of a corporation with its own separate assets and debts.<br/>Under the accountant’s strict supervision, several personal expenses can become partially or completely business expenses. Your accountant should have worked with you so you document all expenses that can be claimed by the corporation. Itemizing those expenses, in accordance with the ratio that tax law allows, would give you a much better understanding of this aspect of accounting. If nothing else, you would understand what fits in the definition of business expense and you might feel less burdened by the costs of operating a business, as well as being happy to see how lower your personal expenses are.<br/>Much of the business expense total is what is called taxes in the USA. In France, taxes are exclusively what is paid to the tax office. They do not include social charges, which are very roughly equivalent to Social Security in the USA and are paid to URSSAF.<br/>French social charges are high, about 40% of the manager’s gross compensation. The goal is to minimize the amount you receive as compensation for the work you do. This is offset by maximizing the personal expenses that can become business expenses.<br/> <br/>I would like to expand on the specifics of the SASU: <br/>1 – A Société Anonyme Simplifiée Unipersonnelle is a one-person commercial corporation. Even though you are alone, there are two sets of accounts, two income tax calculations, and hence two payments. Your activity needs to make enough sales to make this form of business worth it – at least 100,000 euros, generally, though there may be exceptions. Corporate income taxation is low compared to personal compensation.<br/>2 – With a SASU you are paid as an employee, which means two things: <br/>– Working as an employee is the most expensive way to be paid because of how social charges are calculated. Being self-employed instead would give you a cheaper way of calculating social charges. You should keep that in mind. <br/>– An employee salary must comply with the labor contract and is difficult to change, including lowering the amount of the salary.<br/>3 – For small and mid-size consulting activities,<em> profession libérale </em>is often the best status. In your case, it would have two definitive advantages: <br/>– There is only one set of accounts, as there is no corporation. <br/>– Although slightly fewer expenses are accepted, your social charges and income tax are calculated with lower ratios. Furthermore, there is no obligation to hire an accountant, although it is advisable.<br/>In other words, creating and running a SASU is lucrative for accountants, who have a captive clientele. It is almost impossible for an individual to run a SASU without a qualified CPA <em>(expert-comptable). </em>The French pay slip alone is a nightmare to issue.<br/> <br/>A few more definitions may be useful: <br/><em>Auto-entrepreneur </em>is a sub-sub-sub fiscal status that just defines how you pay your social charges to URSSAF. The other choice is classic status.<br/> <br/>There are three legal/fiscal ways to be an independent: <br/>a)<em> Profession libérale, </em>or consultant to keep it simple. The income tax type is BNC, for<em> Bénéfices Non Commerciaux.</em><br/>b) <em>Artisan, </em>or craftsperson. The income tax type is BIC<em> (Bénéfices Industriels et Commerciaux).</em><br/>c) <em>Commerçant, </em>or merchant. The income tax type is again BIC.<br/> <br/>The legal and fiscal status of your activity was,<em> profession libérale </em>– BNC.<br/>In addition, there are three ways to calculate income tax as an independent:<br/>a)<em> Micro </em>means no accounts are needed and no TVA is owed. The difference between gross and net is a standard deduction, with 66% of the amount of sales being the taxable profit. <br/>b)<em> Réel simplifié, </em>in which you must keep accounts, you can itemize your professional expenses, you must pay TVA, and the social charges must be paid with the classic procedure. <br/>c) <em>Réel normal, </em>which is the same as the previous but with more accounting obligations.<br/>Note that<em> micro BNC </em>makes it possible to choose<em> auto-entrepreneur </em>when it comes to paying URSSAF charges, so you declare and pay at the same time.</p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3363_0b059b-f6"><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>Looking at Tomorrow</title>
		<link>https://www.jeantaquet.com/looking-at-tomorrow/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Nov 2023 11:15:32 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=3350</guid>

					<description><![CDATA[November 2023 &#8220;Looking At Tomorrow&#8221; Feel like a childBe one of them, wildAnything you want me to doI will surely do for youAnd only you Looking at tomorrowNo one else shall know you like I do Have youMy wishes are trueLiving for each otherTryin&#8217; to understandEach other&#8217; mindsWe can learn Looking at tomorrowWe&#8217;ll make a new [&#8230;]]]></description>
										<content:encoded><![CDATA[
<h5 class="wp-block-heading"><em>November 2023</em></h5>



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<h2 class="kt-adv-heading3350_db36a4-82 wp-block-kadence-advancedheading has-black-color has-text-color" data-kb-block="kb-adv-heading3350_db36a4-82"><strong>&#8220;Looking At Tomorrow&#8221;</strong></h2>



<p>Feel like a child<br>Be one of them, wild<br>Anything you want me to do<br>I will surely do for you<br>And only you</p>



<p>Looking at tomorrow<br>No one else shall know you like I do</p>



<p>Have you<br>My wishes are true<br>Living for each other<br>Tryin&#8217; to understand<br>Each other&#8217; minds<br>We can learn</p>



<p>Looking at tomorrow<br>We&#8217;ll make a new horizon</p>



<p>I feel the sun<br>Body&#8217;s now all warm<br>Locked in your arms<br>Senses floating upwards into dreams<br>Far away</p>



<p>Looking at tomorrow<br>How could life be fuller than today?</p>



<p>You are brave<br>I&#8217;ll be your slave<br>Passion in the body<br>Building like it never did before</p>



<p>Looking at tomorrow<br>No one else will ever lead you home</p>



<p><strong>WIKIPEDIA</strong><br><em>Back to the Roots&nbsp;</em>is a 1971 double album by John Mayall released on Polydor. Recording sessions took place both in California and London where Mayall invited some former members of his band, notably guitarists Eric Clapton and Mick Taylor. “Looking at Tomorrow” is the fourth and last tune on Side B of the album.</p>



<p>My choice of this title is a direct consequence of the latest news from all over. I hear people getting worried about what might happen next. Could it be something worse? What will tomorrow bring us? As an optimist by nature, how should I look at tomorrow? What should I look for? What should I look at to reinforce my optimistic viewpoint?</p>



<p>In the middle of all of this, I still have a desire to share with readers my column’s big anniversary, which gives me hope and allows me to look past tomorrow and the day after, and nurtures my optimism for a better world and a better humanity.</p>



<p><strong>CELEBRATING MY COLUMN’s 30th ANNIVERSARY</strong><br>It all began at the Thanksgiving dinner held at the American church in 1993. This summer I started to think about how I would celebrate this anniversary, which is so important to me. I did not have a clear idea of how to celebrate it. Weeks and months passed and I ended up in early October with my back pretty much against the wall, still trying to come up with something. Early in October, the situation in the USA caught my attention. And just when the need to draft the November issue was becoming urgent, war started in the Middle East. All this drastically affected my desire to celebrate anything. This issue is the result. But I would still like to share an early text I worked on, where I started to open up my personal feelings and experiences.</p>



<p>The ten-year anniversary was a big deal to me, so much so that I titled that issue “Ten Years After.” The editor of my column at the time said this was a grammatical error and she wanted to put “Ten Years Later.” The editor was not familiar with the British band Ten Years After. As it happened, we only worked together a short time. That was not the only reason, but it was an eye-opener. I still listen to this band and I believe Alvin Lee was an underrated musician and a lot more than just an excellent guitar player.</p>



<p><strong>THE SECTION PUBLISHED IN THE 10th ANNIVERSARY ISSUE&nbsp;</strong><br>This month, as many of you already know, I wanted to celebrate the tenth anniversary of writing this column, which is so dear to me. I would like to begin by explaining its origins and its history through my very own personal immigration experiences and those of my wife, Paula. I hope that, in this way, the column this month may benefit those newly settling in France as much as, if not more than, any or all of my past columns.</p>



<p>The starting of this column and everything that has come from it is extremely significant for me and, I believe, largely explains why I ended up doing the business I am in. After Paula, who is American and whose French is far better than my English, had spent four years in France and had even given birth here, she kept referring to the way French people do things as “completely incomprehensible.” Lots of Americans even say the French way is simply wrong, thereby implying that the normal way is the American way. What triggered the idea of the column was that in my experience, changing countries meant not only learning a new culture and language but also letting go of one’s old system. I realized how important it was to adapt to and accept the new country’s rules, weird though they may seem. This last change does not automatically come with mastering the language or even studying the culture. Rather, it comes more from an acceptance of and willingness to revert to being like a seven-year-old again, for all intents and purposes, learning afresh all the fundamental things needed to function normally in any given society.</p>



<p><strong>I HAVE BEEN A WRITER FOR A VERY LONG TIME</strong><br>Since the age of 16, I have written for pleasure. At first, I wrote in my journal, and then for about four years&#8211;during my last years in high school and my initial years in law school&#8211;I wrote short stories, poetry, and even a few pieces in English. At the time, I was just in my early twenties and was wanting to follow the most classical rules of French poetry as well as the French literary guidelines. When I moved to the USA and took up residence in the state of Delaware, I was asked by the President of the Delaware Bar if I could write an article in<em>&nbsp;Delaware Lawyer.&nbsp;</em>As I had just moved to the USA, it took a little bit of time and a couple of rounds with the editor before it was of publishable quality. After that, I never questioned my ability to write and be published in English as I had already done so, and when I proposed to create this column to be published in the<em>&nbsp;Paris Free Voice,&nbsp;</em>I knew I could craft good material. I was hoping that Bob Bishop [the editor] would like the kind of “Dear Abby” Q/A format I had in mind. I have always admired the Dear Abby column as it was practical advice with a caring way to answer.After I mentioned this latest anniversary in last month’s issue, a reader wrote me to say:&nbsp;<br><em>“My goodness, 30 years! You too have worked a very long time in France, even though you are French! For most expats, your column has been a godsend. What would we have done without you? You have helped so many and so consistently. Congratulations on this time in your life well spent and appreciated by many.”</em></p>



<p>MY ANSWER<br>Thanks for your appreciation of the work I do in the office as well as the volunteer work I do at the American Church in Paris. In the fall of 1993, at the same time I was thinking of creating this column, I got involved with the Filipino Fellowship of the church. I found out about the immigration status of many of its members, and that was an important reason for my desire to help foreigners living in France. Because of the uncertain status of many Filipino Fellowship members, I taught myself French immigration law and learned the various prefecture procedures in order to help them with their cases. I only started this work professionally in July 1997. The work I do now is a direct development from my initial involvement with that fellowship. It is also one way for me to celebrate this 30th anniversary, being a voice for those who helped me have a career I have enjoyed.</p>



<p><strong>A FILIPINO WOMAN MARRIED TO A FRENCHMAN</strong><br>A lot has been written about compatibility between a couple. Sometimes it feels like almost everybody wants to be a professional marriage counselor because so much unsolicited advice is frequently offered.</p>



<p>There are specific dynamics that exist when an immigrant holding a low-paying job, like that of a nanny or a cleaning lady, chooses to marry a French citizen. In addition to the difference in nationality, there is often a significant social class difference. This storyline of a poor girl marrying the prince is found in countless novels, movies, and so on. Much that can be said about this topic has already been expressed.</p>



<p>Many Filipinas feel unsettled when they have an insecure life in France. Even for those who have a legal stay in France, an appointment at the prefecture is terrifying because of the perceived risk of losing their immigration rights. They feel they have no control over their fate at that moment. This fear is real and goes deep. Among those who do not yet have legal status in France, the vast majority live that way for at least five years, and many still wait until they have been in France ten years to get their status regularized. Their daily lives are traumatic as they can be arrested any day, anywhere, and be sent back to the Philippines after a rather swift procedure. The way to avoid this is to build a file proving how long one has lived and worked in France. The Filipino population in the Paris area is quick to train newcomers to keep and organize such documents immediately.</p>



<p>So, to return to the idea of Franco-Filipina couples, it is not necessary to question the sincerity of such people’s feelings for each other to know that understanding each other’s life, and overcoming the gap described above, requires a gigantic effort.</p>



<p>This month I received a statement from a woman who followed the traditional path for many Filipino immigrants. She arrived in Western Europe slightly over 30 years ago, when she was in her early 20s, with a one-month tourist visa. She traveled long hours to reach Paris. In those days, the only way to obtain a legal stay was through a regularization procedure that meant proving ten years of illegal presence in France.</p>



<p>My correspondent is silent about those years, as they bring back bad memories. She vividly remembers the day she went to the prefecture and submitted an enormous file containing almost 300 different documents. Walking out of the interview room, leaving behind not just all those pounds but also the fear accumulated over the years, she felt and was a different woman. She hints that this could have played a role in what happened shortly after that day, when she met the man of her life at a Filipino gathering where one member invited a French colleague.</p>



<p>They eventually married after several years of living together. They have now been together 20 years and have teenaged children. Over the years, they have created a cozy home. She says it looks very much like a typical French home, with few things from the Philippines. The children speak French and English, but no Tagalog. They have occasionally visited her family during summer vacation. They enjoy themselves a great deal and have cousins to play with in English. When asked, they just say they are French.</p>



<p>One theme that comes up regularly is that this woman is no longer part of the Filipino groups she was in during the early years. Being married to a Frenchman and having French children estranged her from those groups.</p>



<p>Here is her experience, in her own words:</p>



<p><em>“Shortly after arriving in Paris I joined a Catholic church where I met some Filipinos who guided me right away. I also met other members of this church and a few became my employers and gave valuable guidance. Unlike too many sans-papiers, I was immediately put on track for immigration and had good, reliable employers who declared me. With them, I discovered my own worth. So even though I did not have a legal stay I felt confident enough to pick good employers and quickly French parents who were looking for an English-speaking nanny, giving me another reason to strive hard to speak French.</em></p>



<p>“I fully embrace the French society, as I applied what I’ve learned during my studies in the Philippines and it worked. I was happy to find a place here. Looking back, pretty much the time of arriving in Paris, I felt somewhat immune from getting caught by the French police and being deported back to the Philippines. Being well surrounded and quickly having access to French society made me fit in, appearing integrated, and I lived through those ten years without a single incident.</p>



<p>“Ever since I moved in with the man of my life, as early as our first month, I knew that I could not depend on him financially. This was critical, especially regarding sending money to the Philippines. This has been a constant discussion. He cannot stop me because it is my money and my salary. Furthermore, we earn on the average about the same, which each time stops the conversation on that issue. I do not depend on him. Also, it has come down to what I contribute financially, and taking care of the home and the children exceeds what he brings. It was hard for him to accept this, but it is a fact.</p>



<p>“I am a devoted Christian. I have not had many struggles in this regard since he follows my lead. He is tolerant of my faith. Lately, I am disappointed because our children are not practicing Christians, which pleases him. I truly hope that by backing off right now I give them time to reflect. I admit that I am very Filipina there, I would much prefer that they be practicing Christians.</p>



<p>“Our social life has become very French. I go less and less often to the gatherings of my Filipino friends. On rare occasions, I go without him because he does not speak either English or Tagalog. … It ruins the pleasure of going there when I need to be a constant interpreter. Of course, there is never a problem when we are with his family and his friends. So in the end this explains that.</p>



<p>“I must have done something good, for God has blessed me so much with an understanding spouse who is a real partner as well as loving children. For all the struggles I have gone through in the past 30 years, I strongly believe that it is worth coming to France. I have financed my father’s enormous medical bills, I was able to send my younger siblings to school, and now in France on occasion I help Filipinos who need assistance for their administrative needs. Being truly fluent in French helps one understand and mingle in the French culture and therefore be part of French society. It took me only five years of living in France to have a good level of French. That also was very unusual compared to other Filipina women I was hanging out with.</p>



<p><em>“Looking forward, what’s up next for me? Starting the naturalization procedure to become a French national! Oddly enough this desire is very recent; I have spent decades totally embedded in French society without having the desire to become French. The explanation could be that I was so busy with everything in my life that I set aside my own needs. Now seeing my children turning 18 in the next few years has created this urgency. I am ready this way for a new chapter of my life.”</em></p>



<p>She concludes by reiterating that “making the definitive move to come to Europe and then France was worth it. Almost from arrival, I had control of my life. I fulfilled my dreams of having a family and a very enriching professional life.” But she adds, “All this came with a cost: at the end of the day I cannot see my family back home very often, and communicating with my family is difficult.”</p>



<p>This statement illustrates several things, but especially the importance of meeting the right people in the greater community, who can almost immediately provide lodging and work. Many stay in the community, which provides better jobs after one has been here a while and makes it possible to find more stable lodging, even getting a lease all alone. Few of those who cling to the ethnic community seek outside contacts. For others, pursuing such contacts – which is often frowned upon within the group – helps them to become integrated in French society quickly, learn French early on, and build lasting roots.</p>



<p>Those of us helping foreigners in France need to be available for the ones who seek to live a French life, even as we respect the choice of those who have different goals while living in France, whose priority is how much money they can send to their family, rather than personal achievement as an integrated immigrant. For we who see ourselves as helpers, it is tempting to push the latter group toward integration and French fluency. By our standards, there are many reasons it would help their life in France. Our standards are not theirs, however, and we should respect that.</p>



<p><strong>THE NEW POLICY ON INSULATING LODGINGS POSES A DILEMMA</strong><br>The energy classification for residential properties in France runs from excellent heat and noise insulation (A) to horrible (G). It is like grading in the school system. Since January 1st, 2023, it has been illegal to rent out housing units known as “energy sieves” or “heat sieves”<em>&nbsp;(passoires énergétiques</em>&nbsp;or&nbsp;<em>thermiques),</em>&nbsp;i.e., those rated F or G. The measure applies to new rental contracts signed on or after that date. On paper, this is an excellent policy, as it means improved comfort for tenants and reduces energy use, particularly regarding electricity, gas, and fuel oil. This is good for the planet.</p>



<p>In the last 25 years or so, France has increasingly added requirements to protect people buying real estate and tenants holding a lease. One protection involves requiring disclosure of more and more information about the place. The result is that today a prospective buyer or renter gets a standardized report that is close to what a surveyor would produce. Energy performance testing&nbsp;<em>(diagnostic de performance énergétique</em>&nbsp;or DPE) became mandatory on November 1st, 2006. The process of adding other requirements has been slow. It is driven by energy costs, environmental needs, and a growing concern for people’s comfort.</p>



<p>A major issue overlooked by the government is that, in most major cities, there is not enough lodging available. This has led to some awful scams, which hit the news once they are discovered. Today the minimum size for lodging to be considered suitable for one person is 8 m² (86.1 square feet) with a minimum height of 1.80 m (5.9 feet). Since the new law went into effect, apartments rated F or G in large cities with a lot of old buildings are being taken off the market by decent landlords and real estate agencies. Upgrading the insulation is often impractical or expensive and the apartment can lose a significant amount of living space: In apartments with modern double- or triple-glazed windows, the next step is to add thick thermal insulators to the walls.</p>



<p>Because of this, several people in the government, the parliament, and the real estate industry in France are asking for a pause before implementing the next phase. Here is the schedule by which the law is currently meant to take effect:<br>January1st, 2023: Rent freeze on F- and G-rated housing<br>January 1st, 2025: Ban on renting out G-rated housing.<br>January 1st, 2028: Ban on renting out F-rated housing.<br>January 1st, 2034: Ban on renting out E-rated housing.</p>



<p>Thus some cities may decide to be lenient when it comes to enforcing this law, possibly with the silent approval of the government. With Paris hosting the Olympic Games in the summer of 2024, it is unrealistic for the city to enforce this law when people will want to rent just about anything at any price. To avoid falling victim to crooks, one should be extremely careful regarding this legislation as it now stands. It can be tempting to want a good deal when buying a Parisian apartment. But between now and the end of 2024, it is likely to be virtually impossible to find a good deal without some nasty strings attached to it.</p>



<p><strong>OFFICE CLOSED FOR CHRISTMAS</strong><br>The office will close for three weeks over the Christmas holidays, starting on Friday, December 15th in the evening and reopening on the morning of Monday, January 8th. 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 class="wp-block-kadence-infobox kt-info-box3350_0cdeca-af"><span 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></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3350_69706c-c3"><span 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 LONG IS A FRENCH LEASE VALID?<em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am preparing my file to send to CPAM asking to join the French public health care program. I see the lease on their list with no mention of how recent it must be. I just located my original rental lease in my dusty files. It’s dated 01-11-2019; I used it when I asked for my visa at the US embassy in DC (back in 2019). They approved my initial long-stay visa. So, here is my question: Should I include this rental lease dated 01-11-2019 in the packet that I am about to mail to the CPAM Office? It seems reasonable to do so.</em></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3350_753d53-81"><span 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 is an excellent question. It underlines the frequent confusion between proving what your home address is the French way and proving how long you have been in France, as well as your rights regarding the place where you live.<br/> <br/><strong>1- Proof of address</strong><br/>The first issue is proving where your current domicile is. For this, the documentation must be as recent as possible. Previously, the documentation needed to be less than three months old. Today there is more leniency and it has been expanded to six months. But to avoid confusion and to be on the safe side, I advise people to stick with three months as much as possible. It is easy to get a statement from any utility provider.<br/><strong>2- Proof of length of stay</strong><br/>The second issue follows totally different logic. In some cases, two different sets of proof are needed, such as how long you have lived in France, or lived at your current address, or lived there as a married couple. In these cases, you must provide the oldest documents possible, proving when the stay in question started.<br/> <br/>Now, in your situation, CPAM is asking you to prove both things. Proof of your address is needed because each CPAM has a geographic jurisdiction. They also want you to prove who you are in France, legally speaking, and make sure they have your correct address, since CPAM still sends a lot of documents through postal mail.<br/>Proving how long you have lived in France is also a must, as you must have been resident in France for at least three consecutive months to qualify for this service. The only issue CPAM can raise to refuse your request of coverage is either:<br/>1 &#8211; You are not a French resident, and your immigration status proves this.<br/>2 &#8211; You are not enough of a resident, either because you arrived less than three months ago, i.e., “too soon!” and you need to wait or because you have not spent sufficient time in France year after year. This is where your length of stay in France is important. The older the lease, the better it is for you in that regard.<br/>More generally on the topic of holding an “old lease,” many foreigners complain that they do not have an up-to-date lease or that the one they have expired long ago. But a normal French lease contains a provision using the words<em> “tacite reconduction,” </em>which means being renewed silently for the initial duration of the lease. This such a truism that if a landlord has a tenant sign a vacation rental type of lease several times, the law and courts consider this illegal and grant the tenant the right to live there as a primary residence.<br/></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3350_dfdf1b-c1"><span 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/>EXTRA PROTECTION FOR ELDERLY TENANTS IN FRANCE<br/></h2><p class="kt-blocks-info-box-text"><em>I have been living in this same tiny studio for about 20 years with the same lease and never had a significant problem with the agency renting to me. At 71, my French pension barely covers two times the amount of the rent, and the CAF lodging subsidies cover half the amount of the rent. So I barely survive financially but I never consider moving back to the USA. The landlord just sent me a registered letter giving me a six-month notice to vacate the premises. I do not have the means to move to a similar place considering how low the rent is after all these years. I have some health issues and I do not feel up to charging into the jungle of the Parisian rental market. The paperwork they sent is totally legal, I asked around to check this, including seeking the advice of the ADIL <em>(Agence départementale d&#8217;information sur le logement). </em>This is where I learned about the fact that I have the right to stay even though the paperwork is totally legal. I do not understand how this is possible.</em></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3350_7ca4a1-f3"><span 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">It is widely known that tenants in France are favored by the law and by the courts over owners. The most important protection is that owners have only three legal reasons for giving notice to a lawful tenant:<br/>1 &#8211; The owner wants to move back into the rented lodging or have an immediate family member, a child or a parent, live there.<br/>2 &#8211; The owner wants to sell the property empty, in which case notice must be sent six months before the anniversary of the lease. It must include a lot of information, such as giving the tenant the first right of refusal on the purchase of the property.<br/>3 &#8211; The tenant has committed a major breech of the lease.<br/>When you consider that it often takes three years to expel a non-paying tenant, you get an idea how long the procedure can be if the notice is properly served and the tenant stays anyway.<br/>The above applies to everybody, regardless of age. But under the 2014 Alur law, a tenant who is over age 65 on the day the rental lease expires, and has modest resources, is protected by law (the previous age limit was 70). This protection applies to both furnished and unfurnished rentals, as long as the property is the tenant’s principal residence. In addition, the tenant’s resources cannot exceed the ceiling for allocation of the rental housing subsidy. The ceiling is €24,116 per year for a single person in Île-de-France and €20,966 in other regions. If there are several tenants (spouses, PACS partners, etc.), it is sufficient for one of them to meet the legal conditions for the landlord not to be able to give them notice to vacate.<br/>The only way the owner can supersede this protection is by offering the tenant a similar lodging, for a similar amount of rent, in the same vicinity. The provision makes sense on paper, but in reality it is exceedingly rare for someone to own enough of the right kind of properties to make such a swap possible. Furthermore, like you, many tenants have had the same lease for decades. Since the law strictly limits rent increases, their rent can end up being a fraction of the market rate, making it impossible to find anything for the same amount.<br/>Now comes the second aspect of your situation. It is clear that you have this right, but you must exercise it. If you do nothing, since the notice is otherwise legal, it will be carried through. As soon as possible, you need to send a registered letter stating that your right is protected by the special provision for the elderly. This means you need to enclose a birth certificate officially translated into French, proving your age. The letter must also include your French income tax documents, and I would add your CAF statements showing the amount of the subsidy paid to you. In short, it is critical to prove definitively that you meet the two requirements defined in the law: age and income. That should do the job.</p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3350_be1282-ff"><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>LOST IN A LOST WORLD</title>
		<link>https://www.jeantaquet.com/lost-in-a-lost-world/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sun, 01 Oct 2023 13:09:03 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=3215</guid>

					<description><![CDATA[October&#160;2023 Lost in a Lost World I woke up today, I was cryingLost in a lost world’Cause so many people are dyingLost in a lost world Some of them are living an illusionBounded by the darkness of their mindsIn their eyes it’s nation against nation, against nationWith racial pride sad hearts they hideThinking only of [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>October&nbsp;2023</em></h5>



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<h2 class="kt-adv-heading3215_bb18c2-dd wp-block-kadence-advancedheading has-black-color has-text-color" data-kb-block="kb-adv-heading3215_bb18c2-dd"><strong>Lost in a Lost World</strong></h2>



<p>I woke up today, I was crying<br>Lost in a lost world<br>’Cause so many people are dying<br>Lost in a lost world</p>



<p>Some of them are living an illusion<br>Bounded by the darkness of their minds<br>In their eyes it’s nation against nation, against nation<br>With racial pride sad hearts they hide<br>Thinking only of themselves<br>They shun the light (Some of them shun the light)&nbsp;<br>They think they’re right (Some of them think they’re right)&nbsp;<br>Living in their empty shells (Some live in their empty shells)</p>



<p>Oh, can you see their world is crashing? (So many people)&nbsp;<br>Crashing down around their feet, angry people in the street<br>Telling them they’ve had their fill (So many people)&nbsp;<br>Of politics that wound and kill (So many people)&nbsp;</p>



<p>Grow the seeds of evolution (So many people)&nbsp;<br>Revolution never won, it’s just another form of gun<br>To do again what they have done (So many people)&nbsp;<br>With all our brothers’ youngest sons (So many people)&nbsp;</p>



<p>Everywhere you go you’ll see them searching<br>Everywhere you turn you’ll feel the pain<br>Everyone is looking for the answer<br>Well, look again, come on, my friend<br>Love will find them in the end<br>Come on, my friend, we’ve got to bend<br>On our knees and say a prayer</p>



<p>Oh, can you feel the world is pining? (So many people)&nbsp;<br>Pining for someone who really cares enough to share his love<br>With all of us, so we can be an ever loving family (So many people)&nbsp;<br>Have we forgotten we’re all children? (So many people)&nbsp;<br>Children from a family tree that’s longer than a centipede<br>Started long ago when you and I were only love (So many people)&nbsp;</p>



<p>I woke up today, I was crying<br>Lost in a lost world<br>’Cause so many people are dying<br>Lost in a lost world</p>



<p>Lost in a lost world<br>(So many people, so many people)&nbsp;<br>(People) Lost in a lost world<br>(So many people, so many people)&nbsp;<br>(People) Lost in a lost world</p>



<p><em>Seventh Sojourn&nbsp;</em>is the eighth album by the Moody Blues, released in 1972. Although the album’s lyrics address political concerns, in the 1990 documentary&nbsp;<em>The Moody Blues: Legend of a Band,</em>&nbsp;bassist John Lodge described “I’m Just a Singer (In a Rock and Roll Band)” as a response to fans who mistakenly read guru-like wisdom into the Moodies’ lyrics. Lodge said, “The album was very loosely based on the idea of<em>&nbsp;The Canterbury Tales&nbsp;</em>by Chaucer.”</p>



<p>“Lost in a Lost World” is the first song on this album. I was going down the list of songs I have on my hard disk, looking for a title and a song with a message capturing what is happening today. I read the lyrics one more time and my choice was made. I am still impressed that a rock band can catch so well what I consider to be one of the greatest dangers society faces, both then and now 51 years later.</p>



<p>I have listened to and been a fan of this band for over 45 years, so clearly it is part of the music I discovered during my early teens.</p>



<p>In many Western countries, those that require a minimum of a democratic system, it is clear that part of the country is going nowhere, with people getting lost in their lives in many ways, functioning normally but living in an alternate reality. There have always been people producing false information. I remember how people ridiculed the headlines of the<em>&nbsp;National Enquirer&nbsp;</em>while waiting at the cash register in American supermarkets. What is different today is that a lot more people believe false information and “alternative” knowledge. They share it on social media and even create their own. They end up living in their own world, fed the news they want to hear, trusting people who say what they want to hear. They are truly lost in a lost world.</p>



<p>It is always interesting to listen to people who got out of a cult after many years, saying they lost all those years believing the cult’s teachings. I would like to contrast this with the Asians who own the neighborhood dry cleaner, working sacrificially their entire lives to give their children the best chance possible to have a successful life in the USA. They are all over the country, and they represent the iconic image of achieving the American dream their way. I would question that premise, however: Did they really have a life? Did they reach their full potential as human beings? Are they that different from immigrants who send a huge portion of their income to their country of origin, where they still have a large family, often a spouse and children? The USA cheers the dry cleaners and pities the immigrants, but are they that different? I believe they are the same. They have their traditional moral values, which include sacrifice as well as loyalty and commitment to the family members, first and foremost to their parents and their children.</p>



<p><strong>BEING AN ELDERLY FILIPINA WORKING AS A CLEANING LADY</strong><br>What are the consequences of working for an employer and not being declared, or being insufficiently declared, for many years? There are numerous reasons for this situation. In the vast majority of cases, the person enters France without an immigration status. Once they arrive, they work without being declared: they are paid under the table and often have atrocious working conditions. After a while, they manage to get jobs with employers that declare them. They need those pay slips to get their stay in France regularized. But usually only a portion of their pay is declared. They often work 50 to 60 hours per week and are paid the legal 35 hours so they have the paperwork for the prefecture.</p>



<p>Once they get their carte de séjour, they often lose some employers and get new ones. This transition time can be challenging for many as it often involves a loss of income. Being legal means not having to be as servile, which some employers dislike. Since the pay slips are absolutely necessary for renewal of the carte de séjour, there is always a minimum that must be declared. But the pay is often low, even though a cleaning lady’s hourly rate is often more than minimum wage, if only just barely. Also, it is rare to have just one employer. The most common situation is working a couple of hours a week for each of several employers, sometimes seven or more. One consequence is spending a lot of time in public transportation.</p>



<p>The main reason for accepting and sometimes asking for a significant portion of the salary to be paid under the table is that a good share of the income is sent to family in the Philippines. Being paid undeclared increases the amount received, as it the undeclared part is not subject to social charges.</p>



<p>I recently received the following statement from an older woman, way past the age of retirement, looking back on her time in France and forward to when she expects to move back to the Philippines after more than three decades in France.</p>



<p><em>“It is time to face this complicated procedure of asking for French retirement. Regardless of the amount of help I am getting to smooth the procedure, I have lately caught myself reminiscing that I will have spent over half of my life in France by the time I am retired. It all started with a traumatic experience in 1989. I tried to enter the Schengen area without a visa, as it was sometimes possible. I landed in Italy and was arrested and sent back without ever getting out of the airport. It was awful, I was treated as a criminal. My second attempt went much better. Through some of my family members, I got a job with a diplomat living in France, so I received an easy immigration diplomatic visa.</em></p>



<p>“Once I had settled, I started to miss my children, my husband, and my family. That pain reaches the deepest inner fibers of your body and your soul. This pain never goes away, I just got used to it and learned to live with it. We all do. I feel so fortunate that I had a legal stay in France so through all those years, I managed to visit my home, and my family every year and a few times every other year. I have always felt that I was one of the lucky ones who could do that.</p>



<p>“I never felt that I had a home in France. Out of the 35 years I have lived here, I only had my place for myself for one year. I was the tenant mentioned on the lease and I managed not to need a roommate to pay the rent. Indeed, at first, my employer gave me the use of a maid’s room they owned. It was comfortable, and I was on my own but I did not feel like I could feel settled there. Overall, my employer treated me well. It lasted for 15 years. After that, I managed to get the private life immigration status without too much problem. Then I started to have several employers, more and more French people as time went by, being mostly a cleaning lady and asked on occasion to be the babysitter.</p>



<p>“About ten years ago, I obtained the carte de résident but that did not change my work; I continue to have the same employers. The most I got at one time was 12, and that is too many. But I manage, as for the majority of them I hold the keys and therefore I organize my own schedule as these employers give me some flexibility. Working that much, I have earned enough that, pretty much throughout my entire time in France, I have been able to send more than half of it to the family in the Philippines, and still be able to have a decent life. I stay frugal, and life is good. I could do that because a significant portion of what I earn is in cash while making sure that there was enough mentioned on the pay slips so I never got in trouble with the prefecture.</p>



<p>“Today I feel old. I continue to do the same jobs. I am just slower as I get older and this started quite a while ago. It is all about muscle pain just about everywhere and backaches from up to down. Faced with this condition I am really hoping to stop for good before I turn 70 but I am still not sure that I will be able to do it. I was faced with some very sad news when I looked at how much I would get from the French retirement. I also have no savings worth mentioning. The final decision is to go back to the Philippines when I retire. That amount [of French retirement] will be enough to live comfortably. I will be with my family and I will live in our house.</p>



<p><em>“Now, all things considered, I am happy with the life I have had in France. I was fortunate to see what the money I was sending did specifically for each of my family members. I was thanked regularly by all of them and they were genuinely very appreciative of my support. I am so fortunate to have a wonderful family. They made it worthwhile for me to work this way all those years. Their ‘thank yous’ were gifts for me and I cherish them every time I receive them. I am also fortunate to know that in the Philippines I will have a home, and I will be able to farm some and continue to be active as much as I can handle. I now have so many projects that I am finally looking forward to going back, eager to start this new life. I thank God to have given me such a good life.”</em></p>



<p>Here is what happened to her. It is time for her to retire. In such cases the person is often closer to 70 than 60 years old – in this case probably past 70. The amount granted by the French retirement system is low compared to what has been received all those years. Thus she has a painful dilemma. One solution is to continue to work after 70 to add some revenue but most of the time the physical condition does not allow that. Another is trying to live in France on the retirement alone, but her living conditions would be dire and she would no longer be able to send much to the Philippines. The ultimate solution is moving back to the Philippines, where it is possible to live somewhat decently on that amount of retirement money.</p>



<p>One way to look at this is that a person may live 40 years or so in France and never be able to put down enough roots in France, especially financially, so they have to leave the country. This takes us back to a question I asked in a previous column: “Was it worth it?” It fundamentally depends on how one looks at it. For some, being able to support the family for all those years makes it utterly worth it: making a major difference in their education, which means getting good jobs, and in their lodging, which means having a house made of bricks, and so on. Others might see this as 40 years or so of their life wasted. But in this instance, that is clearly not the case, regardless of whether we as Westerners can understand or not.</p>



<p><strong>THE NOVEMBER ISSUE WILL CELEBRATE THE 30th ANNIVERSARY OF THIS COLUMN</strong><br>At the 1993 Thanksgiving dinner at the American Church in Paris, I discussed with Bob Bishop, editor of the Paris Free Voice and an employee of the church at the time, the idea of starting a column in Q/A format using unedited readers’ questions, and we agreed then and there to produce such a column. The most striking way the column has changed over the years is the constant evolution toward using more of my personal experience to illustrate situations or solutions. The answers in the early days were strict citations of the laws or rules involved, with no explanation and no description of how people felt and reacted. The latest columns, by contrast, often address the personal aspect more than the law or rule, which often is easy to cite and explain.</p>



<p>At the 1993 Thanksgiving dinner at the American Church in Paris, I discussed with Bob Bishop, editor of the<em>Paris Free Voice&nbsp;</em>and an employee of the church at the time, the idea of starting a column in Q/A format using unedited readers’ questions, and we agreed then and there to produce such a column. The most striking way the column has changed over the years is the constant evolution toward using more of my personal experience to illustrate situations or solutions. The answers in the early days were strict citations of the laws or rules involved, with no explanation and no description of how people felt and reacted. The latest columns, by contrast, often address the personal aspect more than the law or rule, which often is easy to cite and explain.</p>



<p>I am not sure how I will make the next issue as special as it deserves to be. The column is older than my son, a fact that underlines how long I have done it remembering his birth. It also says something about my dedication to my church.</p>



<p><strong>THE MICRO-ENTREPRISE FINANCIAL GUIDELINES&nbsp;</strong><br>To qualify for the micro-enterprise tax system, your annual sales must not exceed the following ceilings for a full calendar year:<br>• 188,700 € for sale of goods, objects, supplies, or food (taken away or consumed on the premises) or for provision of accommodation, including classified furnished tourist accommodation but not the rental of furnished residential premises, for which the threshold is 77,700 €.<br>• 77,700€ for services in the categories of industrial and commercial profits (BIC) or non-commercial profits (BNC).<br>• In the case of mixed activities (sales and provision of services), total sales must not exceed €188,700, including no more than €77,700 for provision of services.Those amounts are regularly increased, so check them when you need to. Also, keep in mind that the tax office has a lenient policy: Going above once does not mean you have to change; it is only if you exceed the minimum two years in a row. It is then assumed that your business is steady and has gone to the next level.</p>



<p><strong>SQUATTERS IN FRANCE HAVE RIGHTS BEYOND WHAT IS REASONABLE&nbsp;</strong><br>This topic is badly misunderstood and has become a talking point for the far right. On one hand, the owner has a responsibility to keep the building safe. On the other, occupying a lodging gives the occupier rights to protection of the primary domicile. A new “anti-squat” law and a decision by the Conseil Constitutionnel regarding it are an effort to strike a balance between those two rights and obligations.</p>



<p>The law, passed in July, included a provision exonerating the owner if an accident happened on the property because of severe lack of maintenance. For example, if a squatter fell from a window because a guard railing detached from a wall, the owner could argue that they tried to keep the building in good shape but were prevented by the squatter. The owner thus would not be held liable.</p>



<p>The decision of the Conseil Constitutionnel to strike this provision can be seen as legally sound, but it is impractical in real life as owners are not informed of what needs to be fixed; they will generally have filed a lawsuit to expel the squatter, who has no right to be there and does not pay rent. Since the Conseil Constitutionnel ruled against the provision completely exonerating the owner, the issue is not settled and there is a clear conflict between the court system and the government. I would think a law could be passed with a provision waiving owner liability in certain conditions, to be listed in the provision.</p>



<p><a href="https://ymlpcl1.com/3021aumqhaiaewqjeapamehakajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/les-decodeurs/article/2023/08/01/non-le-conseil-constitutionnel-n-a-pas-autorise-les-squatteurs-a-poursuivre-le-proprietaire-d-un-logement-mal-entretenu_6184059_4355770.html</a></p>



<p><strong>AMERICAN ELECTION YEAR FEELS PRETTY MUCH THE SAME AS NON-ELECTION YEARS</strong><br>There was a time when American electoral campaigns lasted a few months. Having elections every two years did not prevent Congress and the president from governing. But today, and I mean right now, it feels like there is no time for them to get any work done between an election result announcement and the start of campaigns for the next election. This is an exaggeration, of course, but I want to take up the question of when the American executive and legislative branches have the time to work on issues that need several years to be addressed, implemented, and bear fruit.</p>



<p>I admire the American system for having established oversight that normally prevents wrongdoing (i.e., bad policies) from happening. France does not have anything comparable. Long terms can be dangerous if you elect the wrong person. Still, when the French president served a seven-year term and had an obedient majority in the parliament, it was possible to develop longer-term policies and carry them out in full, especially if the president was elected for a second term.</p>



<p>The American four-year presidential term is fine when Congress votes outside of the party line. It worked that way for centuries. I rarely hear people talking about this issue in those terms. What seems to be more concerning is the question of how much is accomplished when Congress and the White House belong to the same party, which means a maximum of two years. I know that numerous things need to be fixed in the American political system&#8211;and by the way, I could say the same thing about France. Until recently, the president was supposed to be some kind of visionary with a global view of the future of the country. The Cabinet was there to work with Congress to implement this vision as much as possible.</p>



<p>One might think this is still the case with the previous and current presidents. Maybe the latest presidential campaign, which has already begun, will prove me wrong and the American people will have a choice between different visions of the future expressed by the two candidates. It feels like the media are already focusing on polls about the results of next year’s presidential elections even though the candidate registration time has not yet ended.</p>



<p>I wonder when the American government and legislature, as well as those of France, will have the opportunity to do some real work for the people.</p>



<p><strong>COLOSSAL FAILURE OF THE TAX OFFICE REGARDING THE USE OF FRENCH REAL ESTATE</strong><br>We recently saw a virtual collapse of part of the French tax system, with a new reporting deadline changed by a month to July 31st. The tax office was already handling annual income declarations during its busiest time of the year. No extra staff had been hired. The staff handling the new declaration on the use of French property was ill prepared. Several of my clients were unable to comply with the new reporting requirement, as they did not fit anywhere in the system. Also, for people who were not French fiscal residents and owned property outright in their name or through an SCI, the tax office was taking a week or more to send the ID information needed to create an account. In some cases, I managed to fill out the information for a maid’s room and cellar but found it impossible to record the apartment itself.</p>



<p>The tax office reported that it had fixed the problem. There is a 150€ fine per property for failure to file. It remains to be seen whether they enforce this, given how many people were confused or misguided. No one has been fined yet, as far as I know. Several tax offices have responded that in cases where a declaration was followed by an email complaining that it did not work and giving the needed information, these attempts were fine and they have updated the owners’ file with this information. It is going to be interesting to see what happens when it is time for the 2024 declarations to be done. I find it thought-provoking that official<em>notaire&nbsp;</em>documents now mention this obligation.</p>



<p><a href="https://ymlpcl1.com/48716umqwakaewqjeagameharajsew/click.php" target="_blank" rel="noreferrer noopener">www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes</a><br><a href="https://ymlpcl1.com/259d4umqqaxaewqjeagamehacajsew/click.php" target="_blank" rel="noreferrer noopener">www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents</a></p>



<p><strong>A SURVIVAL HOME IN PARIS (SHIP) WEBSITE SHOULD BE AVAILABLE SOMETIME SOON</strong><br>I started to think about a website for the new studio over a year ago. I first envisioned it along the lines of the Airbnb format, with a page for reservation and another for payment. But it has often happened with this project that it never goes the way we anticipated, and usually for the better. The tenants so far have secured their rental two to four months in advance, so I already have my probable tenant for early 2024. The rent is paid monthly and the initial payment is done when the contract is signed.</p>



<p>Hence there will not be a place to reserve or pay on the website. Also, it was obvious that I did not need to promote its comfort and coziness on the site. I believe that the pictures we chose show it well. Instead, I chose to tell a personal story about how it came to be, the history of the neighborhood and the terms of the rental, with pictures of the place and the appliances in between the chapters. At the end I even added the story of the invention of the hot air balloon in the 18th century, as the first human flight occurred a few doors down in my street. I included a picture of the plaque on the building.</p>



<p><strong>OFFICE CLOSED FOR CHRISTMAS</strong><br>The office will close for three weeks over the Christmas holidays, starting on Friday, December 15th in the evening and reopening on the morning of Monday, January 8th. 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 class="wp-block-kadence-infobox kt-info-box3215_5f47a6-46"><span 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></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3215_de47d3-79"><span 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/>CAN THE PREFECTURE ASK FOR DOCUMENTS NOT MENTIONED ON THE LIST?<em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I hold a self-employed visa I got from the French consulate in DC. I went to a tiny office of the prefecture near Barbès metro stop and that was scary. I thought I had everything regarding my business, the bank statements, the URSSAF quarterly payments, and so on. So I was proud of showing good numbers for the first year, shy of 30,000€. I was told in a very rude way that I was missing a lot of documents. I was asked for my birth certificate with its official translation, and then the civil servant saw that I kept my married name after the divorce, so they wanted the divorce decree translated also. I showed the list given to me when I secured my appointment, as none of this was mentioned. I was rebuked in an insulting way and I got a list mentioning all those documents that have nothing to do with my business. I believe that this is harassment or worse because I only need to prove that my French business allows me to stay in France; those documents have nothing to do with my business. Is it legal to ask for those documents?</em></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3215_126c12-6b"><span 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 understand your concern and will not comment on your perception of how the civil servant interacted with you. There is often a lot of cultural misunderstanding, almost certainly on both sides.<br/>The basic explanation is that you need to prove who you are before you can ask for any immigration status in France. Proof of who you are in France is called the<em> état civil. </em>Unlike in the USA, it includes much more than a driver’s license. Here is what is required:<br/>• Passport<br/>• French immigration ID<br/>• Translated birth certificate (the form you fill out asks for both parents’ full names, and you need to prove it)<br/>• Translated marriage license (as you use your ex-husband’s last name, French law requires you to prove how you got the right to use that name, which according to French law is not yours)<br/>• Translated divorce decree (again, this concerns the use of the ex-husband’s name; the administration wants to check if you still have that right and are truly divorced)<br/>• Translated birth certificates of your minor children living with you in France<br/>• Proof of address for your primary residence.<br/><br/>Only after that do you provide documents concerning your profession. To sum up what is needed: Identity of the applicant, family situation (whether married and, sometimes, details on children), proof of address, and finally information on the profession.<br/>One rarely experiences this in daily life. The French ID card is usually all you need to show. Only<em> notaire </em>transactions and a few administrative procedures, including that at the prefecture, require the lengthier presentation. I would almost say that this is normal procedure.<br/>What happened to you is a consequence of radical changes in the immigration procedure, with all the agencies involved. Before the COVID pandemic, the OFII asked for all the<em> état civil </em>documents. When it came time for the first appointment at the prefecture, the first step was transferring the OFII file, which was created at the time of the medical appointment using your foreign ID number. All those documents would have been in that file. But now the OFII file has many fewer documents, so you need to submit the documents directly to the prefecture, since this is your first time you have had a meeting with the French immigration authorities. That is why the prefecture asks for all those documents. I believe that the prefecture lists have not been updated following the change of procedure with OFII. Ordinarily, it will only happen once, although if you change your immigration status you may be asked to submit some of them again.<br/></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3215_3f84a2-cd"><span 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 EMPLOYERS WHILE HOLDING AN EMPLOYEE-RELATED IMMIGRATION STATUS<br/></h2><p class="kt-blocks-info-box-text"><em>I want to switch employers. My current company got me the visa salaire I am holding right now. Do you know if the right to work as an employee, what is called the autorisation de travail, is the same process as when it was first requested? That is, the new employer needs to post the job with the French unemployment agency, Pôle Emploi, for three weeks, pay the OFII tax, etc. Or is the process much quicker and easier since I have already been here on the same visa for years and my current visa will expire in two years?</em></p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3215_0cd40b-3b"><span 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 fully explain I would need to spell out what was required before the reform of April 2021. But one thing has not changed: the length of stay needed to hold the permanent right to work as an employee in France. Here is a description of what can happen when one changes employers, from the time one receives the initial right to work:<br/><strong>In the first year, </strong>such a request will almost certainly be denied, as it would be considered fraud. In the eyes of the authorities, it is way too early to be dissatisfied with the job.<br/><strong>In the second year, </strong>the same requirements apply and there is the same chance of the request being denied, since the French administration has a veto right on nearly all requests submitted this way. There have been numerous discussions about <em>métiers en tension </em>and the so-called highly qualified positions. The former are professions where it is so difficult to hire someone that the administration’s veto right does not apply; there is no need to protect French employees from competition since more jobs are on offer than there are people seeking them. The latter category consists of professions where the salary and status are so high up on the labor ladder that French employees do not need protection as they have what it takes to defend themselves.<br/><strong>In the third year,</strong> your right to work is fully secured and one can safely change employers, jobs, or even careers.<br/>This is critical information for you. The first year you had a visa in your passport, and registered with OFII shortly after you arrived in France. Before it expired you submitted a request for its renewal. You had the same employer for a second year. Then you almost certainly got a four-year card since your immigration status will expire in two years. I conclude that you received that<em> carte de séjour </em>two years ago. Thus you are in your third year with the same employer. Your right to work as an employee is now fully secured. The only thing you would ordinarily need to address is the documentation needed to renew your immigration status.<br/>But to change jobs, the new employer needs to carry out the procedure asking for your right to work, even though you know you will get it for sure. For one thing, it will be requested when you ask to renew your<em>carte de séjour </em>in two years or so.<br/>Below is the list of documents specific to your situation with a new employer. There are two things to prove:<br/>1) the fact that you left the old employer, which requires submission of a statement from the former employer to Pôle Emploi, plus ideally a final receipt of money received<em> (solde de tout compte) </em>and work certificate<em> (attestation de travail).</em><br/>2) the fact that you have a new employer, which requires you to produce:<br/>a) an<em> attestation de travail </em>from the new employer <br/>b) the labor contract you signed<br/>c) your most recent three pay slips<br/>d) a statement showing that you have the right to work at this job, which as you noted is the <em>autorisation de travail.</em><br/>If the new job qualifies you for the immigration status called<em> passeport talent carte bleue européenne salarié hautement qualifié,</em> with an annual gross salary of at least 53,836.50€, you will be much better off when going through this procedure. The procedure is a sure shot if you meet the other requirement, which is holding any French or foreign Bachelor’s degree (a diploma held after three years of studies after high school) or having five years of experience in your field. In that case this status does not even require the<em>autorisation de travail. </em>Holding this status changes pretty much everything. It is a striking illustration of what a highly qualified position entails.</p></div></span></div>



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<div class="wp-block-kadence-infobox kt-info-box3215_4f4934-35"><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>Into The Fire</title>
		<link>https://www.jeantaquet.com/into-the-fire/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Fri, 01 Sep 2023 07:01:25 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[property registration]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2742</guid>

					<description><![CDATA[September&#160;2023 Into The Fire Take the trouble to decide the things you doWill not be the things that don&#8217;t appeal to youSee the mess you’re makin&#8217; can&#8217;t you see you’re fakin&#8217;Gonna make it hard for you, you&#8217;re gonna&#8211;into the fire Turn on the mandrake that was given to youSee if you can make it like [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>September&nbsp;2023</em></h5>



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<p><strong>Into The Fire</strong></p>



<p>Take the trouble to decide the things you do<br>Will not be the things that don&#8217;t appeal to you<br>See the mess you’re makin&#8217; can&#8217;t you see you’re fakin&#8217;<br>Gonna make it hard for you, you&#8217;re gonna&#8211;into the fire</p>



<p>Turn on the mandrake that was given to you<br>See if you can make it like the others do<br>Feel the blood a knockin&#8217; when you&#8217;re finger poppin&#8217;<br>Gonna make it hard for you, you&#8217;re gonna&#8211;into the fire</p>



<p>Stop your bleeding mind before it&#8217;s over and done<br>Listen very closely to the message I&#8217;ve sung<br>Feel the blood a knockin&#8217; when you&#8217;re finger poppin&#8217;<br>Gonna get a message through, you&#8217;re gonna&#8211;into the fire</p>



<p><em>Deep Purple in Rock&nbsp;</em>is the fourth studio album by the English rock band Deep Purple, released on 5 June 1970. “Into the Fire” is the second song on the album. I still listen to some of this band’s albums, which I have on my hard disk.</p>



<p>When choosing the title, I was thinking of the massive devastation in Hawaii and the huge wildfires continuing in Canada, California and parts of southern Europe, including France. Such fires are increasingly dangerous, killing a lot of people. Many of the survivors lose everything, all the belongings of a lifetime. It may be reaching a point where it will be difficult to rebuild what was lost and get people to move back. Some of the photographs from Hawaii show devastation that looks more like bombing than fire damage.</p>



<p>September is back-to-school time. In France,<em>&nbsp;la rentrée&nbsp;</em>also means back to work. I hope you all had a nice summer. As I write, France is going through one of several summer heat waves. Some of them have broken records. I am lucky that my office stays cooler than the outside temperature even at the worst time of day.</p>



<p>France used to completely shut down for the entire month of August. This was called “Sleeping Beauty syndrome.” Although long-term residents may notice that each year it is increasingly business as usual in August, a nonchalant ambiance still reigns in Paris during the month.</p>



<p>I have not yet heard any discussion of a<em>&nbsp;rentrée sociale,&nbsp;</em>i.e., whatever actions the unions and the government plan to take in the fall. The COVID crisis changed this pattern, as it did so much else, to the point that many talk about a new normal.</p>



<p>A few things indicate to me that there could be a<em>&nbsp;rentrée sociale&nbsp;</em>this year as a reaction to some government decisions made this summer. There may be strikes and large demonstrations this fall, giving the impression that France is falling back into the fire.</p>



<p>The lyrics of the song could be describing what is going to happen, and maybe not just in France; there is reason to believe some court procedures may ignite some unrest in the USA.</p>



<p>At the end of the summer vacation, we should feel rested and enthusiastic for getting back to work. This year it feels gloomy. I hope I am wrong in my analysis.</p>



<p><strong><span style="color:#5182FF" class="color">THE FRENCH GOVERNMENT TAKES ACTION AGAINST FAKE SICK LEAVE</span></strong><br>Proposed legislation to reduce fraudulent sick leave illustrates the power struggle between employee and employer, which is mainly about working conditions. French unions have lost a lot of representation in small and midsize corporations. Their presence in multinationals has also dwindled significantly, so employees are now often alone in an uneven power struggle. Remember that being an employee in France is by definition to be a subordinate, following<em>&nbsp;le lien de subordination.&nbsp;</em>This leaves little room for disagreement and confrontation. It is true that French employee status is heavily protected, but mostly this covers only causes and procedures for dismissal. Thus there is a fine line between passive job security and the risk of being dismissed for challenging an employer’s authority.</p>



<p>To balance this uneven relationship, employees often have recourse to sick leave. It may be the only way to disrupt the employer’s organization enough to force changes that benefit the employee. It is a way, in fact, to limit employers’ strength. An employee on sick leave cannot be fired for that reason and must be replaced with a temp. Temporary employment costs more and disrupts the organization. If the employee gets the sick leave certification renewed by the doctor several times, it aggravates the employer’s situation.</p>



<p>Calling such sick leave fraudulent is a serious accusation against the medical profession. In fact, the way I have described such leave above could be read as lying about an illness and making a medical doctor an accomplice to a fraud. But doctors exist to treat medical conditions. While completely fake sick leave may sometimes happen, and crooks are now operating criminal schemes, I believe the French government is slandering the French medical profession by proposing this legislation. Deplorable working conditions can lead to burnout, which is a medical condition. Here is what is at stake: Employers claim that employees get sick leave too easily when their conditions do not warrant it. Employees argue that what employers consider “normal working conditions” these days are in fact toxic environments in which it does not take long to reach burnout.</p>



<p>The reason the government is putting forward budget measures on this issue is that an employee on sick leave no longer gets a salary but instead is paid by Assurance Maladie as part of the French social safety net. Therefore, being put on sick leave costs the administration money. But it is clear that the measures now proposed are motivated by employers’ desire to make it much harder to take sick leave. The most likely way is to force doctors to detail the grounds for issuing sick leave (which would pose a risk of violating the medical obligation to protect a patient’s privacy) and increase scrutiny by the in-house doctors of Assurance Maladie, making it easier for them to contest the validity of such leave.</p>



<p>The government’s plans may give the opposition and the unions an opportunity to address the real problems: poor working conditions, stagnation of salaries and the possibility of abuse when employees work remotely. Given the feisty tone of the French parliament and the unions’ current ability to mobilize people to strike and demonstrate in the streets, France may well experience another round of massive unrest lasting for quite a while. The government’s proposals have all the ingredients to make this happen.</p>



<p>While waiting for legislation law to be passed, Assurance Maladie is already reviewing the records of general practitioners and issuing summons to those it believes are issuing sick leave too often or for what the authorities think is too long. Doctors reply that even if, medically speaking, an absence did not need to be so long, the delay comes from laboratories and other technical places, which are overbooked. In any case, the fight has started and should make headlines before long.</p>



<p><a href="https://ymlpcl1.com/52f04umwuacaewquyacamyqavajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/societe/article/2023/08/01/le-gouvernement-a-l-offensive-contre-les-arrets-de-travail-de-complaisance_6184043_3224.html</a></p>



<p><strong><span style="color:#5182FF" class="color">WHAT DOES IT MEAN TO BE A GOOD MOTHER WHEN ONE LIVES ON A DIFFERENT CONTINENT WORKING AS A NANNY?</span></strong><br>I received the message below from a Filipina when she was living in France, at a time when she had secured a good job and her own place.</p>



<p><strong>A young mother being a nanny far from home<br>1 – Hong Kong</strong>&nbsp;<em>What was I doing, me a Filipina, in this maid’s room in Honk Kong, crying all the tears of my body and of my soul? In my country, in my generation, a girl dreamed of getting married, having children, and raising a family, everybody under the same roof. So I was a newlywed, I was also the mother of a newborn son, and I was stranded in this foreign country, being the maid, the nanny, in short, the servant, taking care of someone else’s newborn. What went wrong in my life? No need to explain that there are millions of women throughout the world who have experienced this hardship; we rarely have the chance of living our dreams even when they are reasonable. Loneliness is just a word; it does not describe this feeling of a hole growing inside, freezing everything, making life numb, which the young mother feels when the newborn is torn away from her. Loneliness is just a word; the newlywed misses her husband, and it hurts everywhere, the body and the soul feel shredded. Double loneliness, I was not the first one, but the first cut is the deepest, and it felt like it was the end of my life. I had just turned 20! I ended up getting to this new life with a heavy heart. Saw my family once a year and made a life in Hong Kong. It lasted 16 years. By the time I left I had created a Filipino fellowship with my employer’s help, which was in effect a church of its own. I felt like a phoenix when I looked back at all those years spent there.</em></p>



<p><strong>2 – Paris</strong><br><em>My last employer in Hong Kong had been assigned to a job in Paris so I traveled with them, with a three-month tourist visa. I trusted them. I had always trusted my employers and it did me good. Sitting in that plane, this new experience excited me more than it scared me. I thought I knew what I was getting into.</em></p>



<p><strong>My comment</strong><br>This statement touches on an issue that is rarely addressed. Nannies are often young women, almost always mothers themselves. They earn money by taking care of other people’s children, which means they cannot take care of their own.</p>



<p>Two situations can be identified:<br>1 – In the one described above, the children grow up barely knowing their mother. They live so far away that they only see her a few times during their entire schooling. The mother’s feeling of guilt goes deep and the pain is immeasurable.</p>



<p>2 – In some cases, nannies go to work and their children are waiting for them at home. After the workday, they revive the bond with their children. But they can be with them only a few minutes, either at the beginning or the end of the day, but seldom both.</p>



<p>Both situations are painful. The first and most destructive pain, which such women live with for the rest of their lives, is that they consider themselves bad mothers who have abandoned their children. It does not matter who is taking care of their children (usually their own mother or another close relative). At least when the mother and children live altogether, the bond linked to a personal presence is still there when they go home after work.</p>



<p>In both cases, the women wrestle with this dilemma: “Why am I taking care of someone else’s children when I should be taking care of my own?”</p>



<p>There is a glimpse of such situations in the movie<em>&nbsp;The Help.&nbsp;</em>Personal issues of maids and nannies with similar stories come up repeatedly.</p>



<p><strong>WIKIPEDIA</strong><br><em>The Help&nbsp;</em>is a 2011 period drama film written and directed by Tate Taylor and based on Kathryn Stockett&#8217;s 2009 novel of the same name. The film features an ensemble cast, including Emma Stone, Viola Davis, Bryce Dallas Howard, Octavia Spencer, Jessica Chastain, Allison Janney and Sissy Spacek. The film and novel recount the story of a young white woman and aspiring journalist Eugenia &#8220;Skeeter&#8221; Phelan. The story focuses on her relationship with two black maids, Aibileen Clark and Minny Jackson, during the Civil Rights Movement in 1963 in Jackson, Mississippi. In an attempt to become a legitimate journalist and writer, Skeeter decides to write a book from the point of view of the maids, exposing the racism they face as they work for white families. Black domestic workers in 1960s America were referred to as “the help”, hence the title of the journalistic exposé, the novel and the film.<em>&nbsp;The Help&nbsp;</em>brings to light the challenges and discrimination that African American people faced.</p>



<p>Filipinas have become the maids and nannies of the western world. Each one tries to support the rest of her family and pay for a good education for their children. This situation has become so commonplace that its scope has caused a global outcry.</p>



<p><strong><span style="color:#5182FF" class="color">THE FRENCH RIOTS IN JUNE MADE HEADLINES IN THE USA</span></strong><br>It is vividly clear that the media lives on sensationalism when French unrest makes the news in the USA. Everybody showed the same scary images of cars and buildings on fire, implying that there was civil war in France. I would like to ask a basic question: “When has France not been rioting or demonstrating since 1900?”</p>



<p>The reason for the latest unrest can be compared (with a French twist) to the American protests over George Floyd’s death in 2020 in that a man with a criminal record is killed by a police officer using extreme force: in this case, shooting a young man who was in a car.</p>



<p>Many people sought to identify the origins of the disconnect between the police and the French population of second- and third-generation immigrants.</p>



<p>1962 marked the end of the Algerian war of independence and was a turning point in French immigration history. There was a massive wave of Algerians moving to France. Most were young men, in demand by French employers as manual labor. They had wives, and their children were born in France or came to the country at a young age. That second generation, as well as the third one, had a hard time adapting to French society, unlike previous waves of immigrants.</p>



<p>One early sign of this growing problem was the “Marche des Minguettes,” from October 15th to December 3rd of 1983. This national walk from Lyon/Vénissieux to Paris resulted in the creation of a non-profit called SOS Racisme. “Touche pas à mon pote” (Hands off my buddy) became the group’s official slogan in 1985.</p>



<p>An earlier sign occurred during the 1980 presidential election campaign. On prime-time TV, on March 19th, singer Daniel Balavoine confronted candidate François Mitterrand about the growing violence and anger this population was experiencing.</p>



<p>A further indication came in the movie<em>&nbsp;La Haine&nbsp;</em>(Hatred), for which Mathieu Kassovitz won the best director award at the 1995 Cannes Film Festival. I could add many more recent events. I believe that this is enough to show that this has been coming for a very long time.</p>



<p>To sum up, the current situation that led to the riots is that some French citizens, often for more than a generation, do not feel that they are treated like French citizens, especially by the police. That is the main point of comparison with the demonstrations linked to George Floyd’s death.</p>



<p><strong><span style="color:#5182FF" class="color">SHIP WELCOMES ITS SECOND TENANT IN SEPTEMBER</span></strong>&nbsp;<br>The second tenant of the Survival Home in Paris (SHIP) is to move in on September 15th. This renter fits the profile I had in mind. There is no need to address an immigration issue. The person was one of the candidates who contacted me early April. They should rent the studio until the end of 2023 and possibly beyond. I am now welcoming enquiries for rental starting in January 2024 or later. Depending on what happens this fall (there may be another increase in electricity prices), I may have to increase the rent amount. Also, the Olympics will make rental rates shoot up in Paris. The monthly rent will increase to 1,400€ for leases starting in 2024.</p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/>THE SELLER IS BULLYING THE BUYER<em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>My French boyfriend and I are buying a house in the countryside. This house is fantastic, but the seller and the real estate agency are not. I used to deal with lawyers when I bought properties in the USA, but I knew nothing about buying real-estate in France. So a friend advised me to have our own notaire and I see the difference it makes dealing with the sellers. Yesterday morning I approached the real estate agency with several questions and with a desire to streamline all exchanges concerning the setting of a date for signing.</em><br/>We all agreed on having a visit of the house before signing, so we would be reassured of its good condition and cleanliness (at least a minimum). This is what the presale contract stipulated. Now there was a big difference of opinion about this visit. When we signed the presale contract, it stated that the visit should occur well in advance of the day of the closing to leave time for the owner to react and fix things that don&#8217;t fit.<br/>The owner, through the agency, asked if it was okay with us for them to leave stuff in the workshop for a week or more, maybe the entire summer, as they are finalizing the purchase of their new place after the closing and there is a small conflict of schedule on their side. Also, the inspection of the house was scheduled in the morning just before the 2 p.m. closing, leaving no room for us to do anything if the place does not comply with the terms of the presale contract.<br/><em>Do you have any advice? We feel trapped and bullied. We&#8217;ve already firmly refused their request to store their stuff in the workshop!</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">It does look really bad and I am very sorry you are dealing with such awful people, including the real estate agent. But you have more leverage than you think, and you should proceed with caution and determination. Let’s start with the legal contract you have already signed and the one I hope you will be signing soon. The fundamental legal concept is that there is a sale if the parties agree on the price and what is being sold. In this case the ownership of some real estate is being exchanged for some money.<br/><br/><strong>Article 1583 of the French Civil Code</strong><br/>Elle est parfaite entre les parties, et la propriété est acquise de droit à l&#8217;acheteur à l&#8217;égard du vendeur, dès qu&#8217;on est convenu de la chose et du prix, quoique la chose n&#8217;ait pas encore été livrée ni le prix payé. (The agreement is finalized between the parties, and ownership is transferred by right to the buyer from the seller as soon as the thing and the price have been agreed on, even though the thing has not yet been delivered or the price paid.)<br/>The “thing” mentioned here is, in your case, the property as described in the presale contract. The one you signed may include a list of furniture and other things you have agreed to purchase. These items listed are a de facto part of the “thing” you are buying. There is also a provision that the premises must be empty of absolutely everything else.<br/>So let&#8217;s consider what might happen during your visit a couple of hours before closing. One possibility is that the place is exactly as described in the presale contract. In that case, the sale can go through, as the “thing” is as the parties agree it should be. Or it may happen that despite all the warnings, including the definitive statements your notaire has made to his colleague representing the seller, the place is not empty. If that is the case, the transaction cannot be finalized because of the sellers, as the presale contract has several provisions dealing with the sellers defaulting on their obligations. As you can see from this, you have a lot more leverage than you think.<br/>Now let’s look at how you can secure your rights and avoid a screaming contest with each party stating their version of the situation. I advise you to hire a huissier (bailiff) to do the final visit with you. This would have many advantages for you, and the cost of about 400€ is negligible compared to the price of the property. The French huissier acts as the eyes and ears of France; he is the official witness and his statement is as if it were written in stone. As he is a French official, the sellers cannot object to his presence. If the premises are not in compliance with the presale contract, of which the huissier will have a copy, he will write down and take pictures of everything that should not be there. He will also describe the condition of the walls, ceilings and floors – in short, a complete description of the premises.<br/>The huissier is the chief line of defense against your sellers. Hire one ahead of time and give his professional information to your notaire and the real estate agent.<br/>Then one of two things may happen. The sellers are up against the wall and cannot bully you anymore. I am sure they want to proceed with the sale as soon as possible. Furthermore, if they are not ready for the closing, they could be liable for fines and penalties. So they will make sure the place is perfect. If need be, they can even put their things in storage, as several companies in France offer this service.<br/>The other possibility is that they are facing a serious situation of some kind and finally they tell you the truth about why they are having the visit the morning of the closing and why they are leaving things in the place. Once they are transparent, it is always possible to delay the closing so as to find reasonable solutions.<br/>Keep in mind that with your notaire and a huissier on your side, you have two professionals who hold their authority from the state. They represent France. You cannot be messed with anymore.<br/>Now, on a practical matter, stop phoning the real estate agent. Communicate exclusively in writing and provide your notaire with a copy of everything you send. Have your French partner write the emails, letters, etc. That way you limit the risk of saying the wrong thing inadvertently.<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>RENEWING A FRENCH BUSINESS IMMIGRATION STATUS WITHOUT HAVING A FRENCH BUSINESS</em><br/></h2><p class="kt-blocks-info-box-text"><em>About a year ago, I got my business visa to move to France. I settled in Paris and I am doing well; business is good. Before leaving the USA, I moved my LLC to Delaware for tax reasons and it did me good since my sales have continuously gone up since I arrived in France. I was told when I registered my visa that I should be looking to renew it two months before its expiration date. I looked at the list I found on the internet and it must be wrong, so I am looking for the one that fits my situation. It asks for French bank statements, and I do not have a French bank account and an INSEE registration and I have no idea what it is. So do I need to book an appointment just in case before I find the right list to renew?</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">There is only one list to renew your immigration status. I have no idea what you submitted to the French consulate to get this immigration visa. Once you registered your visa and secured your immigration status, you had a legal obligation to create a French business. Instead, you acted as a French resident with no ties to France operating a foreign (i.e., American) business. The situation is all wrong, so you must quickly decide what you want to achieve while living in France.<br/>If you want to continue what you are doing and you have no intention of operating a French business, then your immigration status should be visiteur, as you are not working in France since all your clients are in the USA.<br/>But if your goal is to put down roots in France and build a French clientele, which you did not have an opportunity to do earlier, and if you are now serious about doing it, then you need to register your French business and open a French business bank account immediately. The next thing is to have your American clients pay into that French business account. That way you show that you can run a profitable business.<br/>The documents you need to submit under normal circumstances are:<br/>1) Your French billing, i.e., the receipts and invoices you have issued over a period of one year.<br/>2) One year&#8217;s worth of statements for your professional account at a French bank.<br/>This is to prove that you have a viable business with annual sales of at least 25,000€ so that you clear the French minimum wage, which is 16,214€. The standard deduction with micro BNC status is 34%, so 25,000 x 0.66% = 16,500€.<br/>3) The INSEE registration of the business. The prefecture asks for the original and a duplicate that is less than three months old.<br/>4) The statement of coverage and registration from CPAM, showing that you have public French healthcare coverage.<br/>5) Statements from URSSAF showing your registration, the bills you have paid and the statement of good standing with them, to prove that you are operating a French business and that all the registration related to your business has been done.<br/>Considering how little time you have to fix the situation, I advise you to register the business with CFE URSSAF as an auto-entrepreneur working as a consultant in your profession.</p></div></a></div>



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<p><a href="https://www.cfe.urssaf.fr/autoentrepreneur/CFE_Bienvenue">https://www.cfe.urssaf.fr/autoentrepreneur/CFE_Bienvenue</a><br>Once you have the INSEE statement of registration, open a French bank account. This might be easiest with an online bank specialized in business accounts.<br>When the account is opened, register with CPAM to secure your health coverage.<br>Ideally, the day before the visa expires, you go online and secure an appointment, hoping that the system is so backed up that the earliest ones are in several months. Choose the one that is farthest away.<br>By the time of the meeting at the prefecture, you should have made just enough to get the benefit of the doubt. Also, you need to have a strong letter explaining what happened to you, in such a way that the prefecture will accept it.<br>If your file is as good as it can get, the prefecture can immediately renew your immigration for one year. This way, they give you the benefit of the doubt and you have a year to clean up your act.<br>Or it can give you another appointment, probably about three months later, so you can show that all the registration has been completed and that your billing is at the same level or better, confirming that you are doing well.<br>There is no time to waste if you want to keep your current immigration status.</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>For What It’s Worth</title>
		<link>https://www.jeantaquet.com/for-what-its-worth/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Thu, 01 Jun 2023 07:01:31 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<category><![CDATA[Bank]]></category>
		<category><![CDATA[PASSPORT]]></category>
		<category><![CDATA[property registration]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2717</guid>

					<description><![CDATA[June&#160;2023 There’s something happening hereBut what it is ain’t exactly clearThere’s a man with a gun over thereTelling me I got to bewareI think it’s time we stopChildren, what’s that sound?&#160;Everybody look, what’s going down?There’s battle lines being drawnNobody’s right if everybody’s wrongYoung people speaking their mindsGetting so much resistance from behindIt’s time we stopHey, [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>June&nbsp;2023</em></em></h5>



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<p>There’s something happening here<br>But what it is ain’t exactly clear<br>There’s a man with a gun over there<br>Telling me I got to beware<br>I think it’s time we stop<br>Children, what’s that sound?&nbsp;<br>Everybody look, what’s going down?<br>There’s battle lines being drawn<br>Nobody’s right if everybody’s wrong<br>Young people speaking their minds<br>Getting so much resistance from behind<br>It’s time we stop<br>Hey, what’s that sound?&nbsp;<br>Everybody look, what’s going down?&nbsp;<br>What a field day for the heat (Ooh ooh ooh)&nbsp;<br>A thousand people in the street (Ooh ooh ooh)&nbsp;<br>Singing songs and they carrying signs (Ooh ooh ooh)&nbsp;<br>Mostly say, “Hooray for our side” (Ooh ooh ooh)&nbsp;<br>It’s time we stop<br>Hey, what’s that sound?&nbsp;<br>Everybody look, what’s going down?&nbsp;<br>Paranoia strikes deep<br>Into your life it will creep<br>It starts when you’re always afraid<br>Step out of line, the men come and take you away<br>We better stop<br>Hey, what’s that sound?&nbsp;<br>Everybody look, what’s going down?&nbsp;<br>You better stop<br>Hey, what’s that sound?&nbsp;<br>Everybody look, what’s going down?&nbsp;<br>You better stop<br>Now, what’s that sound?&nbsp;<br>Everybody look, what’s going down?&nbsp;<br>You better stop<br>Children, what’s that sound?&nbsp;<br>Everybody look, what’s going down?&nbsp;</p>



<p><strong>Wikipedia</strong><br>“For What It’s Worth (Stop, Hey What’s That Sound)” (often referred to as simply “For What It’s Worth”) is a song written by Stephen Stills. Performed by Buffalo Springfield, it was recorded on December 5th, 1966.</p>



<p>I believe that I heard this song for the first time played by Crosby, Stills, Nash &amp; Young, and discovered Buffalo Springfield much later.</p>



<p>Clearly, I really liked the reference to the noise heard. It is obvious to me that there are a lot of things in common between the Civil Rights era and what is happening today in the USA when it comes to demonstrating, political gatherings, divisiveness and so on.</p>



<p>More generally, immigrants frequently experience frustration and discouragement for all kinds of reasons. Lack of security, including just the feeling that bad things could happen, is widespread. To be able to help them, I usually need to debunk their fears about a lot of things, such as being deported.</p>



<p>For what it is worth! At one point, one has to say that it was worth it. It meant going after dreams, 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.</p>



<p><strong><span style="color:#5182FF" class="color">DEMONSTRATING WITH COOKWARE AGAINST PRESIDENT MACRON</span></strong></p>



<p><strong>Wikipedia</strong><br>A cacerolazo, cacerolada or casserole is a form of popular protest which consists of a group of people making noise by banging pots, pans, and other utensils to call for attention.</p>



<p>The first documented protests of this style occurred in France in the 1830s, at the beginning of the July Monarchy, by opponents of the regime of Louis Philippe I of France. According to the historian Emmanuel Fureix, the protesters took from the tradition of the charivari the use of noise to express disapproval and beat saucepans to make noise against government politicians. This way of showing discontent became popular in 1832, taking place mainly at night and sometimes with the participation of thousands of people.</p>



<p>…One of the largest and most recent cacerolazos occurred in Argentina during 2001, consisting largely of protests and demonstrations by middle-class people who had seen their savings trapped in the so-called corralito (a set of restrictive economic measures that effectively froze all bank accounts, initially as a short-term fix for the massive draining of bank deposits).</p>



<p>Since President Emmanuel Macron’s speech on Monday, April 17th, official outings by government members have been greeted by “casserole concerts.” These demonstrations have been peaceful, with the police keeping demonstrators far away from the visit sites. But the protesters make so much noise that it affects the visit anyway. It is also audible when news outlets cover the events, drawing even more attention to such protests. President Macron’s reactions indicate that this is an effective way to protest, as it diminishes his efforts to get close to people and seem attentive to them by making such visits. It will be interesting how the French government handles this form of demonstration.</p>



<p>Earlier, during more traditional demonstrations on the streets of Paris and other major cities, the police arrested people possessing anything that could be used as a weapon, including scissors, rulers and so on. So far, pots and pans have not been considered potential weapons, thus limiting the actions of the police, as these are considered peaceful demonstrations.</p>



<p>The<em>&nbsp;casserolades&nbsp;</em>are an old tradition in French political life and a type of protest used almost exclusively in Latin countries.</p>



<p>THE PARIS APPEALS COURT UPHOLDS FORMER PRESIDENT SARKOZY’S JAIL SENTENCE<br>On Wednesday, May 17th, the Paris Court of Appeals upheld the sentence of former president Nicolas Sarkozy in the so-called Bismuth case, involving corruption and influence peddling. The new ruling was more severe than that sought by the prosecutor, who had asked for only a suspended sentence. The former president’s sentence is now three years, of which two are suspended and one will be spent under house arrest with an electronic monitor. He was also banned from politics for three years.</p>



<p>If one were to compare the US and French judicial systems, it might appear that the French system took too long to reach this ruling, especially knowing that the former president will appeal it to the French Supreme Court. The legal proceedings in the case started in 2014.</p>



<p>Mr. Sarkozy is linked to eight other cases that are still pending, and is expected to be charged in some of them. The common sense opinion that I often hear and like quite a lot is that the Bismuth case shows that French democracy worked reasonably well in the past ten years to reach this result. Another comment I have heard is that even though the French judicial system is less independent than the American one, through the years it has shown that it can function fairly independently. I remind my readers that the government nominates all judges, that their careers depend on government decisions and that the prosecution strictly obeys the Garde des Sceaux, the French equivalent of attorney general or justice minister, who in turn obeys the prime minister and president.</p>



<p><strong><span style="color:#5182FF" class="color">CELEBRATING FRENCH LABOR DAY ON MAY 1st</span></strong><br><strong>The history of Labor Day</strong><br>On May 1st, 1886, hundreds of thousands of American workers went on strike to demand an eight-hour workday. The unions had begun working toward this demand on May 1st, 1884. The date of May 1st was chosen because it was the first day of the accounting year for many companies.</p>



<p><strong>A bitter victory</strong><br>After the 1886 strike began, violent clashes broke out. In Chicago, a worker was killed on May 3rd and on the following day in Haymarket Square a bomb killed seven policemen. Eight workers were convicted of murder, of whom four were hanged and another committed suicide in jail. The three survivors were later pardoned due to uncertain evidence.</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>International Workers’ Day, also known as Labor Day in some countries and often referred to as May Day, is a celebration of laborers and the working classes that is promoted by the international labor movement and occurs every year on 1st May, or the first Monday in May.</p>



<p>Traditionally, 1st May is the date of the European spring festival of May Day. … The 1st May date was chosen by the American Federation of Labor to commemorate a general strike in the United States, which had begun on 1st May 1886 and culminated in the Haymarket affair four days later. The demonstration subsequently became a yearly event.</p>



<p><strong>This year</strong><br>The French people have a well-deserved reputation for demonstrating often and for what may seem to be futile reasons. The French media, police and unions scrutinize the number of people attending demonstrations to evaluate the unions’ popular support in their efforts to twist the arms of the government and sometimes employers. Therefore, weekly demonstrations, large crowds in the streets and substantial damage by thugs do not shake the government. The current crisis regarding the French presidency has deeper roots, illustrated by the fact that President Macron, not the government as such, is attacked and slandered personally during the demonstrations.</p>



<p>The French title of the American movie<em>&nbsp;Airplane!&nbsp;</em>(known in some countries as<em>&nbsp;Flying High!)&nbsp;</em>has become a common French expression: “Y a-t-il un pilote dans l’avion?” conveys the impression that there is no leadership, that an organization is going astray. I increasingly hear this kind of comment regarding Mr. Macron. Even before May 1st, he was a hated president. His approval rating was just 32% in late May, although that was a slight improvement from earlier in the month.</p>



<p>I hear a lot of people questioning whether he is capable of leading the country when a majority of the French deny him the authority to lead. During his first term, there were also violent demonstrations, notably during the<em>&nbsp;gilets jaunes&nbsp;</em>movement. But few people then felt that there was a vacuum in the French presidency. The president was implementing a policy and had sufficient support, possibly because the policy had some merit.</p>



<p>Many have predicted that if the French government cannot get the legislative job done through negotiation, it will end up in gridlock. I believe we have reached that point.</p>



<p><strong><span style="color:#5182FF" class="color">FRENCH BANKING AND AMERICAN CITIZENSHIP</span></strong><br>Ever since the FATCA regulations went into full effect, American citizens have had a hard time opening bank accounts in France and most other countries.</p>



<p>Recently one of my American clients, who is a partner in a French corporation, asked a French&nbsp;<em>expert-comptable&nbsp;</em>(the equivalent of a CPA) which bank that firm worked with. I had explained that French banks’ secrecy rules prevent anybody who is not the client or another signatory on the account, or an authorized member of the French administration, from obtaining account information. But accountants work with their clients’ bank statements, so the French accountant in question mentioned a couple of banks specializing in the small business market.</p>



<p>That advice was exactly right – for a French client. But this client is an American citizen, and the banks mentioned, like all others, evaluate the issues they face, and having American clients is a major one. Being able to tailor services to the needs of small businesses does not really enter their evaluation. The partners in this client’s French corporation are having serious problems opening an account. France’s favorable banking legislation applies exclusively to private individuals residing in France. This means the partners could each open an account following the Banque de France procedure, but the business might not be able to do so.</p>



<p>I see a growing number of Americans organizing their life in France without even opening a French SEPA bank account. Many are so discouraged by what they hear that they do not even try. In the old days, when one went to renew any immigration status at the prefecture, the civil servant asked to see monthly statements from a French bank account. If there were only American ones, the file was not even reviewed until, ideally, the applicant explained their lack of compliance with the law, sometimes writing a letter describing their situation. If such cases were properly handled, with sufficient contrition, the prefecture would give a three-month<em>récépissé&nbsp;</em>and a new appointment to submit an updated file, preferably with a couple of French bank statements.</p>



<p>Now that many immigration procedures are completely online, the review is apparently more lenient regarding this matter. It would appear that one can submit three months of American credit card and bank statements showing spending done in France to have the<em>&nbsp;visiteur&nbsp;</em>status renewed. I would take this statement with a grain of salt; it is what is being said in the expat community, but I do not yet have proof. Still, I believe it is possible that several Americans have been able to renew their immigration status this way. The Paris prefecture shows significant leniency toward Americans in such matters. Nevertheless, exercising leniency is not the same as applying a new regulation issued and signed by the proper authority.</p>



<p>I understand why so many are choosing this option. But I still advise everyone to do whatever it takes to get a SEPA bank account, especially now that banks like the Belgium-based Wise Europe and some German online banks are more readily accepting American clients.</p>



<p><strong><span style="color:#5182FF" class="color">A MESSAGE I RECEIVED FROM AMERICAN EXPRESS FRANCE&nbsp;</span></strong><br>I have no intention of advertising for this company. I just hold their debit card and thus, as one of their clients, received the message below. Of course, they are communicating in their own best interest. At the same time, I find it interesting that the message primarily details the obligations French businesses have regardless of size. So here is my translation of it.</p>



<p>We remind you that:<br>&#8211; The use of your American Express Business Card is for business expenses only.<br>&#8211; Your American Express Business Card must be linked to your Business Bank Account.</p>



<p>With your American Express Business Card, your administrative management is simplified:<br>&#8211; Your detailed monthly statement of expenses can be accessed on your computer or tablet, or from your smartphone.<br>&#8211; You can export this data to Excel® in just a few clicks, to facilitate accounting reconciliation.<br>&#8211; Access your expense history for 10 years at no additional cost.</p>



<p>In addition, to simplify the management of your employees’ expense reports, equip them with additional American Express Professional Cards to centralize all their expenses in a single card account. These expenses will then be debited to the company’s bank account.</p>



<p>Depending on the status of your company, you may be required by law to record all your business transactions in a business bank account and thus keep independent accounts.</p>



<p><strong><span style="color:#5182FF" class="color">USE OF FRENCH REAL ESTATE MUST BE DECLARED BY JUNE 30th</span>&nbsp;</strong><br>Reminder, the French tax office requires owners of property located in France to file about the use of each property by the end of June.</p>



<p>Even for non-French residents, the procedure is quite simple, since the tax office has created accounts using<em>taxe foncière&nbsp;</em>and<em>&nbsp;taxe d’habitation&nbsp;</em>information. Problems can arise when these taxes are issued to a corporation, such as an SCI or an LLC, which means the private individual who uses the place and owns the corporation is not registered as the owner. There is a 150€ fine per property for defaulting on this obligation.</p>



<p><a href="https://ymlpcl1.net/65972umjjaaaewwheaaayjbaaajsew/click.php" target="_blank" rel="noreferrer noopener">www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes</a>&nbsp;<br><a href="https://ymlpcl1.net/17011umjbaraewwhearayjbaiajsew/click.php" target="_blank" rel="noreferrer noopener">www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents</a></p>



<p>SHIP WELCOMED ITS FIRST TENANT IN MAY<br>The first tenant of the Survival Home in Paris moved in on May 5th. This renter exactly fits the profile I had in mind. Their VLS-TS visa request was processed with the rental contract. The initial procedures are done using the rent receipts. So far we have the studio rented through August 2023 with confirmed tenants and I have candidates for a rental after that. It may even be rented until the end of 2023.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR SUMMER VACATION&nbsp;</span></strong></p>



<p>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. 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/><em>SELLING REAL ESTATE WITH A FLAW IN THE TITLE</em><br/></h2><p class="kt-blocks-info-box-text"><em>I am contacting you with a rather urgent question. I bought an apartment in 2005 with the landing toilet annexed and integrated into the apartment by a former owner. The right to use it was approved in 2001 and she recently told me that the work had been done several years before that. Thanks to the current syndic, I now have the minutes of this 2001 General Meeting granting her the usage of the WC.</em><br/><em>Now I wish to sell it and the notaire in charge of the transaction is blocking it for two reasons:</em><br/><em>(i) The right of usage mentioned in the minutes is nominative. Therefore it was not transferred to me when I purchased the apartment.</em><br/><em>(ii) There is no trace of any purchase of this common area, which is now part of my apartment.</em><br/><em>His position is that I cannot sell something that I do not own!</em><br/><em>So my only choice is to either get the co-ownership to grant or sell me the right to use my WC or to purchase this portion of the common area that is located inside my apartment. I have been living there for almost 20 years and this feels like insanity.</em><br/><em>I cannot wait for the 2024 general meeting, and if I ask to convene an exceptional general meeting to approve one of these two solutions it might cost up to 3,000€. Indeed I must pay in full all the costs related to holding this meeting and it might occur in a couple of months at best. I am sure I will have lost my buyer by then. Help me get out of this insanity.</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 key issue here is that French law grants automatic “private life” immigration status to the spouse of someone holding a<em> passeport talent carte de séjour. </em>By getting married in the USA, your spouse acquired that right. The questions now are: <br/>1) how do you two inform the prefecture of this new situation? <br/>2) how do you have an American marriage recognized in France to secure this right? And<br/>3) while the<em> visiteur </em>immigration status does not allow any changes for the first two years in France, how does the <em>passeport talent </em>status affect this prohibition?<br/><br/>The first step will seem counterintuitive. Everything is done now through various websites, but nowhere is there a link to change from<em> visiteur </em>to private life status <em>(vie privée et familiale)</em>. You must start by choosing<em>passeport talent </em>and not private life. Once your wife has an account created on the website dealing with<em>passeport talent, </em>she chooses the specific procedure for spouses. In effect, she submits a completely new file, as if the current one did not exist.<br/>That file contains all your documents proving your immigration status in France and why you deserve this status, including, of course, the marriage license officially translated into French. The authorities will review the request and grant the right to change immigration status. This decision will go to the prefecture and the request to produce the card will be sent to the factory.<br/>The second issue that must be properly addressed is that under the Hague Treaty, since you two were French immigrants at the time of the wedding, it should have been performed in France. However, getting married in France requires a file about as thick and complex as the one for the prefecture. Getting married in the USA is so much simpler and I fully understand your choice. The good news is that the prefecture never holds the fact that you were married in the USA against you and will accept the American marriage license without any problem. The license must be officially translated into French. It is simpler and much cheaper to have it done in France. You can find lists of official translators on numerous websites. The American Embassy mentions a few, or just do a web search using the terms<em> traduction assermentée</em>.<br/>About the third issue, the two-year prohibition needs to be addressed properly. Every time the applicant submits a<em> visiteur </em>immigration status request, it entails a statement under oath that the applicant will not seek the right to work. But the private life <em>(vie privée et familiale)</em> status grants all the rights to work that exist in France, so requesting it can be considered a contravention of the previous oath.<br/>However, the prefecture has a clearly defined hierarchy of the various types of immigration status, in which<em>visiteur </em>is the entry-level one while<em> vie privée et familiale </em>and<em> passeport talent </em>are at the top, superseding pretty much everything else. That is why the prefecture gives requests for them such a high level of scrutiny. But because of this hierarchy, the change you want is possible. That also explains why the prefecture wants applicants to start the procedure by opening a<em> passeport talent </em>account even though the spouse will never have that status.</p></div></a></div>



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<div id="kt-info-box_bcf57f-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/>PROCEDURE FOR THE SPOUSE OF A PASSEPORT TALENT HOLDER<br/></h2><p class="kt-blocks-info-box-text"><em>I am contacting you with a rather urgent question. I bought an apartment in 2005 with the landing toilet annexed and integrated into the apartment by a former owner. The right to use it was approved in 2001 and she recently told me that the work had been done several years before that. Thanks to the current syndic, I now have the minutes of this 2001 General Meeting granting her the usage of the WC.</em><br/><em>Now I wish to sell it and the notaire in charge of the transaction is blocking it for two reasons:</em><br/><em>(i) The right of usage mentioned in the minutes is nominative. Therefore it was not transferred to me when I purchased the apartment.</em><br/><em>(ii) There is no trace of any purchase of this common area, which is now part of my apartment.</em><br/><em>His position is that I cannot sell something that I do not own!</em><br/><em>So my only choice is to either get the co-ownership to grant or sell me the right to use my WC or to purchase this portion of the common area that is located inside my apartment. I have been living there for almost 20 years and this feels like insanity.</em><br/><em>I cannot wait for the 2024 general meeting, and if I ask to convene an exceptional general meeting to approve one of these two solutions it might cost up to 3,000€. Indeed I must pay in full all the costs related to holding this meeting and it might occur in a couple of months at best. I am sure I will have lost my buyer by then. Help me get out of this insanity.</em></p></div></a></div>



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<p><em>From the Strictly Fiscal Facebook Group:</em><br><em><strong>FISCAL RESIDENCY GUIDE 4 &#8211; FRANCE TAX RESIDENCY</strong><br>4. France has a relatively simple set of tests for whether you are tax resident here. An official explanation of these can be found both in English, and French, here:</em><br><em><a rel="noreferrer noopener" href="https://ymlpcl1.net/08353ummuataewwjsacaeqjakamhes/click.php" target="_blank">https://www.impots.gouv.fr/residents-france</a>[English]</em><br><em><a rel="noreferrer noopener" href="https://ymlpcl1.net/3495fummeavaewwjsacaeqjaramhes/click.php" target="_blank">https://www.impots.gouv.fr/resident-de-france</a>[French] These are based on the French tax code:<a rel="noreferrer noopener" href="https://ymlpcl1.net/2c22dummmaraewwjsadaeqjazamhes/click.php" target="_blank">https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041464195/</a></em></p>



<p><em>5. What these say is that if your household is here, you are resident here. But you will also be resident here if your “lieu de séjour principal” is here: “where you live most of the time” or “your main residence”.<strong>&nbsp;There is no 183-day rule,&nbsp;</strong>though as a matter of convenience the French administration may use this test additionally to show you<strong>&nbsp;are&nbsp;</strong>resident (that your “lieu de séjour principal” is here) – but quite certainly they do not say that if you’re here for less than 183 days then you are not resident.</em></p>



<p><em>6. The tax laws don’t contain further definitions, beyond saying that if you have a substantial professional job in France (paid or unpaid, and no matter where you live) you can also be treated as resident.</em></p>
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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"><br/>I am afraid there are no good solutions allowing you to sell your apartment quickly and safely. Before reviewing the solutions you do have, I would like to explain how such a thing could happen.<br/>Many people think Baron Haussmann, who redesigned Paris, rebuilt the entire city. That is not quite the case, and it is important to understand what actually happened, when, and how. Modern Paris was created at about the same time the Civil War in the USA.<br/><strong>Wikipedia</strong><br/>Georges-Eugène Haussmann, commonly known as Baron Haussmann (March 27th, 1809 – January 11th, 1891), was a French official who served as prefect of the Seine (1853–1870), chosen by Emperor Napoléon III to carry out a massive urban renewal program of new boulevards, parks and public works in Paris commonly referred to as Haussmann’s renovation of Paris.<br/><br/>He redesigned the city in two major ways. First, he annexed the small communities around what was then Paris: Auteuil, Passy, Les Batignolles, Montmartre, La Chapelle, La Villette, Belleville, Charonne, Bercy, Vaugirard and Grenelle. Second, he moved to improve safety and sanitation in Paris by rebuilding a large portion of the city in its new limits.<br/>In those days, there was no electricity and the plumbing was rudimentary. Each floor had one toilet shared by the tenants. Over the years, these gradually disappeared as apartments had their own bathroom and toilets installed. The existing facilities were subsumed exactly as happened with your apartment. The entrance to the toilet from the hallway was eliminated and the owner of the nearest apartment knocked down the walls to make it part of the apartment. Some of them kept it as the toilet, as in your case, while others simply increased the size of the apartment. Often this was done illegally, as it amounts to stealing part of the building’s common area if there was no authorization by the co-ownership and no payment for purchasing it legally.<br/>Your case is a variation of this common scenario. There is an unknown, which will be critical, which is when the annexation happened.<br/>At the very least, you can prove that it has been like that since 2001 because you have an official document, the minutes of the general meeting. We do not know if the use of the facilities was given or purchased, but that does not affect your situation in any way. However, the right to use the WC was given to the previous owner personally and she had no right to sell or give it to you. This means the<em> notaire </em>who drafted your title made a professional error by not documenting the situation. It would be interesting to study your title, as it is possible that the WC is not mentioned in it and you did not notice this at the closing. (This shows why choosing an upstanding<em> notaire </em>is critical; each transaction should be an opportunity to clean up the title whenever possible.)<br/>Now, let us review the two solutions proposed by your<em> notaire.</em><br/><br/><strong>The right of usage</strong><br/>It is possible to hold a special general meeting <em>(assemblée générale extraordinaire) </em>at which there is only one item on the agenda, which must cover two critical issues: The right to use the space must be given to you by name and to your next buyer without mentioning a name; if, as you expect, you lose this sale, you need to be able to pass it on to a different buyer, and the provision must be drafted this way.<br/>The co-ownership can ask that this right be purchased. Since it has a market value, if they ask you will have to pay. This comes on top of the cost of calling the meeting. This may enrage you but it is according to the law, which is on their side. Moreover, your buyer is unlikely to accept a price increase just because you are forced to do this procedure.<br/>Drafting the agenda item and motion properly will take a lawyer or a good jurist. You could ask your<em> notaire </em>to draft it. Do not trust the syndic to do it. Given the cost to convene the meeting and what is at stake, you should not take that kind of chance.<br/>The good thing about this option is that it should only delay the sale by a couple of months or so. The bad thing is that the problem is not fixed, just prolonged until someone addresses the real issue, the fact that owner of the apartment should also own the toilet that is in the apartment.<br/><br/><strong>The purchase of this common area</strong><br/>This procedure would involve enormous costs and long delays.<br/>I must start from the fundamental side of the syndic/co-ownership, the legal side. At the moment, you are the owner of an apartment that does not contain the toilet in question. If you become the owner of the toilet, you change the size of the apartment in full ownership. That means changing the percentage of the building, or<em> tantièmes, </em>that your apartment represents. Doing so requires changing the property bylaws, which entails the following procedure:<br/>1 &#8211; Appointing a surveyor to measure the apartment as it is now.<br/>2 &#8211; Submitting the modification of the bylaws to the co-ownership. <br/>3 &#8211; Convening a special general meeting, at your expense. (You also have to pay the expert for the measurement and the modification.) The co-ownership will ask you to buy the toilet area since you want to own it. <br/>4 &#8211; If you have the votes and accept the price, then the modification of the bylaws has to be published.<br/>Once this is done, the<em> notaire </em>can transfer the entire property to your buyer.<br/>In summary, with this option you have little chance of selling before the end of 2023. It may take much longer, and I am not sure of the cost but it will be a lot.<br/>I believe a third solution may exist. It can be addressed in a couple of ways. It starts with proving that this situation has existed for over 30 years, which would necessitate a discussion of how to find definitive proof. A provision in the Civil Code refers to becoming the owner of something – almost always real estate – after 30 years of peaceful usage. You would definitely need a lawyer to make sure the provision is applicable, assuming you can prove the situation existed in 1993 or before. From what you know, this seems quite possible. It depends on the availability of the original parties and any documents about when the change was made.<br/>The second way of dealing with this – which again involves ensuring that the abovementioned Civil Code provision applies – is to explain to the buyer that there is definitely a 2001 document proving that the situation existed then, which means that by 2031 the 30 years of peaceful use will have passed. To avoid paying a private investigator to research the situation before 2001, and since time is of the essence, the best solution could be to sell with an official right of usage and explain that there could be an alternative to purchase.</p></div></a></div>



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		<title>Backlash</title>
		<link>https://www.jeantaquet.com/backlash/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Mon, 01 May 2023 07:01:02 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[RÉCÉPISSÉ ]]></category>
		<category><![CDATA[RESIDENT]]></category>
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					<description><![CDATA[May&#160;2023 &#8220;Backlash&#8221; is the first track on&#160;Notorious,&#160;the eighth studio album by Joan Jett and the Blackhearts, and was the label&#8217;s first choice for a single. The album was released in 1991. I had it made, I never strayedFrom a course that somebody else laidI clenched my fists, I never missOne nite (one nite) you find [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>May&nbsp;2023</em></em></h5>



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<p>&#8220;Backlash&#8221; is the first track on<em>&nbsp;Notorious,&nbsp;</em>the eighth studio album by Joan Jett and the Blackhearts, and was the label&#8217;s first choice for a single. The album was released in 1991.</p>



<p>I had it made, I never strayed<br>From a course that somebody else laid<br>I clenched my fists, I never miss<br>One nite (one nite) you find that ya can&#8217;t turn back<br>So it&#8217;s goodbye to the past<br>Here it comes, here it comes, feel it comin&#8217;<br>Backlash backlash backlash<br>Oh yea, it&#8217;s too bad now it&#8217;s a backlash</p>



<p>Your time ain&#8217;t long you don&#8217;t belong<br>Maybe so but you hope that they&#8217;re wrong<br>Thin skin gets thick it happens quick<br>Like a baby turn her very first trick<br>Hold tight (hold tight) hold tight for the ride of your life<br>And the lovers go by so fast<br>Here it comes, here it comes, feel it comin&#8217;<br>Backlash backlash backlash</p>



<p>Used to love me used to care (do you care?) used to want me<br>Here it comes, here it comes, I guess that&#8217;s fair</p>



<p>Now, do you love me, do you care, do you want me<br>One nite (one nite) we find we&#8217;re outta, outta time<br>Here it comes, here it comes, here it comes a c&#8217;mon</p>



<p>Backlash backlash backlash</p>



<p>I have been seeing backlashes in many parts of the world for quite a while now. Just to mention the most obvious, several demonstrations took place in the 11th district&nbsp;<em>(arrondissement).&nbsp;</em>It is hard to say what events are the most striking, with the longest-lasting effect or the most diplomatic impact. There are many issues which I carefully follow to stay abreast of what is happening in France, the USA, China and Nigeria. I did not feel like commenting on any of them.</p>



<p>Right now, I just want to enjoy spring, family and friends, as we have visitors for the first time since COVID. I also want to make sure everything is ready for my tenant, who is coming in early May, so that this adventure can really take off.</p>



<p>Recently at church I heard a sermon titled “The Bridge Test” about how to reach out to people. I was quite touched by it. I chose a long time ago to build bridges between people, hoping to avoid violent and too common backlashes as much as possible. How many bridges do we need to build to make a difference?</p>



<p><strong><span style="color:#5182FF" class="color">50 STATES &amp; 95 FRENCH<em>&nbsp;DÉPARTEMENTS</em>&nbsp;</span></strong><br>In explaining the French immigration procedure anchored at the prefecture, I often tell clients that mainland France has 95 states. I know this is a terribly imperfect comparison, but the American states and French<em>départements&nbsp;</em>share quite similar duties, including vehicle registration, professional licensing and building permits. Each also has a local government with an executive, a legislative and a judicial authority. In France these are the<em>&nbsp;préfet</em>, the<em>&nbsp;Conseil Général&nbsp;</em>now called the&nbsp;<em>conseil départemental</em>, and what used to be the<em>Tribunal de Grande Instance</em>, now it is the<em>&nbsp;tribunal judiciaire</em>.</p>



<p>Some historical perspective helps in understanding how France came up with this setup. In France, the number of<em>&nbsp;départements&nbsp;</em>is not linked to the addition of new territory, as France’s borders have not radically changed for the last 400 years. The main reason for the creation of this level of local government after the French Revolution of 1789 was that the historical provinces (corresponding roughly to today’s regions until recently) had been ruled by powerful aristocrats. Administratively erasing the provinces took that power from those enemies of the Revolution. When the revolutionary government established 83<em>&nbsp;départements&nbsp;</em>on February 26th, 1790, the guideline was that it should take no more than one day on horseback to reach the prefecture from anywhere in the<em>&nbsp;département&nbsp;</em>. The revolution also determined that the new divisions should be numbered in alphabetical order starting with 01 for the Ain<em>département&nbsp;</em>. The system was more or less stable with 89<em>&nbsp;départements&nbsp;</em>until France lost the Franco-Prussian War in 1871.</p>



<p>A new<em>&nbsp;département&nbsp;</em>called Territoire de Belfort was added in 1871 since the city of Belfort had resisted the Prussian army. On July 10th, 1964, a law was approved to split the Seine (75) and Seine-et-Oise (78) into six<em>&nbsp;départements&nbsp;</em>, a transformation that took full effect on January 1st, 1968.</p>



<p>The Paris<em>&nbsp;département&nbsp;</em>kept the old Seine postal code (75), with the capital city getting its own governmental status, which is not the case with Washington, D.C., the capital city and federal district of the United States. Yvelines kept the Seine-et-Oise postal code (78). This measure altered the numerical-alphabetical order, with the new<em>&nbsp;départements&nbsp;</em>being Essonne (91), Hauts de Seine (92), Seine Saint-Denis (93), Val de Marne (94), and Val d’Oise (95).</p>



<p>After the 1981 election of President François Mitterrand, the policy of centralizing everything in Paris was abolished. Laws passed on March 2nd, 1982; January 7th, 1983; and July 22nd, 1983 created 22<em>&nbsp;régions&nbsp;</em>whose borders pretty much mirrored the provinces that existed when France was a kingdom. The best-known of these, because of their weight in French history, are Brittany, Corsica, Burgundy, Aquitaine and Alsace-Lorraine. The January 16th, 2015 law reduced down to 13 through consolidation, although many of the traditional names, such as Auvergne-Rhone Alpes, were retained.</p>



<p>Among the many reasons for decentralization, the one most mentioned at the time was that it was becoming impossible to handle all decisions in Paris, although that was where the national authorities and central administration offices were located. Spreading the administrative decision-making centers throughout France was a win both for Paris and the cities in which those centers were relocated. Also, everybody agreed that local authorities, being closer to the issues, could make faster, more pertinent decisions.</p>



<p>There was another reason that is seldom mentioned. Although France was no longer a kingdom with powerful nobility, the regional council<em>&nbsp;président&nbsp;</em>is a civil servant and therefore obeys the central state. While the regions got a lot of authority over important issues, the cornerstone of the French administration has always been the<em>&nbsp;préfet</em>, who represents the central state at the<em>&nbsp;département&nbsp;</em>level. I cannot see this ever changing, even if it would be better to make the region the center of authority, with the<em>&nbsp;département&nbsp;</em>becoming a more local authority answerable to the region.</p>



<p>It is interesting that the French administration designates<em>&nbsp;département&nbsp;</em>99 as the code to use in filling out numerous forms when the person is foreign or born in a foreign country.</p>



<p>A recent reform is radically changing the French administration, and this is becoming more obvious every day. Online procedures completely disrupt the way the administration traditionally worked. There used to be two absolute fundamentals of administrative procedures, dating back to Napoléon:&nbsp;<br>1 &#8211; providing original documents and&nbsp;<br>2 &#8211; showing up in person.</p>



<p>This helped the civil servants in their mission to work for the best interest of the state, notably concerning the need to prevent attempted fraud. The COVID pandemic made both of these prerequisites impossible. The administration had to switch to digital quickly to continue operating. There had been a trend toward online procedures, but it was mostly peripheral to the old-fashioned routine. Now, in just three years, so much administrative work has gone totally digital that there have been court decisions against the government on grounds of discrimination related to lack of access to online procedures.</p>



<p>This development ended the old requirement of showing up in person with original documents and a set of photocopies that the administration keeps. Now, increasingly, decisions are being made without the public knowing who decided, where the office is and which administrative division it belongs to. I believe this makes the mild rivalry between<em>&nbsp;département&nbsp;</em>and<em>&nbsp;région&nbsp;</em>outdated, for the most part.</p>



<p>France still faces several challenges in this regard. Just to mention the most obvious ones:&nbsp;<br>1 – Having 100% of the population on board with the digital procedures, either by themselves or with help and support from civil servants,&nbsp;<br>2 – Ensuring that the websites work properly and reliably all the time,<br>3 – Making information and explanations readily available in paper form at designated locations.</p>



<p>I believe this is a hidden revolution. It has led to huge changes that have been happening for at least two years, without the extensive media coverage they deserve.</p>



<p><strong><span style="color:#5182FF" class="color">CORRECTED DATES FOR THE INCOME DECLARATION</span></strong><br>In last month’s column, the item about declaring French income was wrong because the tax authorities changed the schedule at the last minute. Here is the item again with the correct information.</p>



<p><span style="color:#5182FF" class="color"><strong>FRENCH INCOME TAX DECLARATION TIME IS LOOMING</strong></span><br>On a more mundane topic, I would like to remind everybody that the paper version of the 2022 income declaration must be filed in France by midnight on May 22nd, 2023. The declaration forms will be available at&nbsp;<a rel="noreferrer noopener" href="https://ymlpcl1.net/4f3c6umewagaewwjsapaeqjaaamhes/click.php" target="_blank">www.impots.gouv.fr</a>&nbsp;on April 6th. You can start filing your declaration on April 13th on the same website. To do so, you need your tax ID number&nbsp;<em>(numéro fiscal)&nbsp;</em>and a password.</p>



<p>If you are making your first income declaration to the French tax office, you should do so using the paper form and checking the “first-time” box on the form (CERFA #2042) where it says<em>&nbsp;Vous déposez une déclaration pour la première fois cochez&nbsp;</em>(“Check here if this is your first declaration”). It is possible to get the tax office to give you the information needed to declare for the first time electronically, but I tend to advise against it because using paper documents makes it much easier to see and understand how the system works.</p>



<p>Note that the deadline for online declarations is later than that for paper declarations. The schedule depends on your postal code:<br><em>• Départements&nbsp;</em>01 to 19 must file by midnight on May 25th.<br><em>• Départements&nbsp;</em>20 to 54 by June 1st.<br><em>• Départements&nbsp;</em>55 and up by June 8th.</p>



<p><strong><span style="color:#5182FF" class="color">PARIS PREFECTURE ALLOWS RENEWAL OF THE&nbsp;<em>RÉCÉPISSÉ&nbsp;</em></span></strong><br>Ordinarily I would not go into a lot of detail about such a procedure, but I need to now for two reasons:</p>



<p>1 – The&nbsp;<em>récépissé&nbsp;</em>and especially its renewal can be critical to foreigners who hold low-paying jobs. The employers are often strict and require employees to hold a document at all times proving that they are in France legally. But because of the sloppy job often done by the prefecture, the delays frequently exceed the documents’ three-month validity. Some appointments at the prefecture are scheduled two months or more late, so some foreigners do not have the meeting until after their current immigration status expires.</p>



<p>2 – The prefecture has repeatedly had to change its online procedures and many are still severely dysfunctional. It has reached such a point that I seriously wonder if the remaining pitfalls have been put in place to make it even more difficult to maintain legal status. The procedure for renewing the&nbsp;<em>récépissé&nbsp;</em>illustrates this magnificently. Right after choosing “foreigner” (<em>étranger</em>), one has to choose &#8220;COVID information&#8221;. That’s right: the process for renewing the&nbsp;<em>récépissé&nbsp;</em>is hidden in the information the prefecture gives about COVID! To be very clear, on the cover page, one must choose “Information Covid” after having chosen “Ressortissants étrangers” icon on the Paris prefecture website. However, the question of having a<em>pass sanitaire</em>&nbsp;or a&nbsp;<em>pass vaccinal</em>&nbsp;has no bearing on&nbsp;<em>récépissé&nbsp;</em>renewal.</p>



<p>In retrospect I understand what happened, but the situation is now so insane that I believe someone must have decided to keep it that way intentionally. During the COVID crisis, especially when the prefecture was closed, the website had diverse and useful information regarding the consequences of COVID when it came to retaining a legal stay in France. A new use of the<em>&nbsp;autorisation provisoire de séjour&nbsp;</em>(APS) appeared for tourists who were not allowed to fly home. Such unfortunate souls were stuck in France and needed some kind of French ID. The APS was emailed as a PDF! For a short time, the&nbsp;<em>récépissé&nbsp;</em>was sent the same way. So it originally made sense to have the information listed under COVID.</p>



<p>However, the pandemic is over when it comes to the prefecture. I have not seen a civil servant wearing a mask in a long time. Now the procedure involves filling out a simple form asking for renewal, but the&nbsp;<em>récépissé&nbsp;</em>is sent by registered mail. The latter is much more complicated for both the prefecture and the foreigner, and registered mail only stays at the post office for two weeks. I cannot believe that whoever puts together these policies and procedures is purposefully mean. At the same time, the prefecture follows its peculiar logic and established procedures. A registered letter can only be picked up if the person signs for it and shows a valid ID at the post-office. That makes the prefecture happy because it has proof that the foreigner who needs the document is the one who picked it up. The in-person rule is a cardinal one for the prefecture. In this case, it means signing at the post office in front of a postal employee who has checked the person’s ID first.</p>



<p>For those who need this service, you can either go to:<br><a href="https://ymlpcl1.net/70f80umeqafaewwjsaoaeqjapamhes/click.php" target="_blank" rel="noreferrer noopener">www.prefecturedepolice.interieur.gouv.fr/demarches-et-services-en-ligne/accueil-demarches</a>and click on “COVID information” or use&nbsp;<a href="https://ymlpcl1.net/94f7cumeyadaewwjsavaeqjadamhes/click.php" target="_blank" rel="noreferrer noopener">www.prefecturedepolice.interieur.gouv.fr/demarches/informations-covid</a>.</p>



<p>You must establish your right to stay while waiting for your appointment to renew your permit or the decision on your application. This means showing that you have a receipt for your application for a residence permit (first application or renewal) that has expired or will expire within 15 days.</p>



<p>While waiting for a response to your application, you can request the renewal of your receipt online at<a href="https://ymlpcl1.net/8af16ummsaiaewwjsapaeqjatamhes/click.php" target="_blank" rel="noreferrer noopener">https://contacts-demarches.interieur.gouv.fr/etrangers/renouvellement-recepisse</a>.</p>



<p><strong><span style="color:#5182FF" class="color">NEW ROADBLOCKS IN ASKING FOR THE RIGHT TO WORK</span></strong><br>The process of obtaining the right to work is evolving and it is difficult to keep up with it. There is before COVID and after COVID.</p>



<p>Before 2020, each Direction Régionale des Entreprises, de la Concurrence, de la Consommation, du Travail et de l&#8217;Emploi (DIRECCTE) had a branch in every<em>&nbsp;département&nbsp;</em>that issued papers conveying the right to work for employees<em>&nbsp;(salariés)&nbsp;</em>while the prefecture issued the related<em>&nbsp;carte de séjour</em>.</p>



<p>On April 1st, 2021, a huge government reform created the<em>&nbsp;Directions régionales de l&#8217;économie, de l&#8217;emploi, du travail et des solidarités (DREETS)&nbsp;</em>as well as<em>&nbsp;Direction régionale et interdépartementale de l&#8217;économie, de l&#8217;emploi, du travail et des solidarités (DRIEETS).&nbsp;</em>The latter now issues working papers. I am not certain what the logic was or exactly what other responsibilities each one has.</p>



<p>At first this change did not affect the&nbsp;<em>passeport talent carte de séjour&nbsp;</em>whether it was based on an employee position or the creation or operation of a French business. Now, however, DRIEETS evaluates the business project for an<em>&nbsp;artisan-commerçant carte de séjour&nbsp;</em>and even the following sub-categories of the&nbsp;<em>passeport talent carte de séjour&nbsp;</em>need its approval:</p>



<p>&#8211;&nbsp;<em>Passeport talent carte de séjour&nbsp;</em>Nº5 mentioning &#8220;business creation&#8221;:<br>Request for a certificate recognizing the real and serious nature of a business creation project<br>&#8211;&nbsp;<em>Passeport talent carte de séjour&nbsp;</em>Nº1 &#8220;Employee of an innovative company&#8221;:<br>Request for a certificate recognizing the innovative nature of your company (the request must be made by the employer)<br>&#8211;&nbsp;<em>passeport talent carte de séjour&nbsp;</em>Nº7 mentioning &#8220;Economic investment&#8221;:<br>Request for a letter of recognition of an investment project, which must be valued at a minimum of 300,000€.</p>



<p>The goal is to ensure that the prefecture continues to issue<em>&nbsp;cartes de séjour&nbsp;</em>and review applications in what are considered to be sensitive applications, such as requests for regularization (giving a legal stay to foreigners who are illegal immigrants), those involving a sole proprietor of a French business, or a specific family status, etc. My perception is that the civil servants working on files sent through the DRIEETS website are like machines and their responses give no indication why they refuse documents. With in-person meetings, no matter how unpleasant the civil servant reviewing your file might be, when someone is sitting in front of you at the prefecture there is at least a possibility of dialogue, getting an explanation, explaining your situation.</p>



<p>Whether it is DRIEETS or the Agence Nationale des Titres Sécurisés (ANTS) on its Étrangers en France website, this dialogue does not exist. Furthermore, the prefecture rarely answers emails. Since people’s lives rarely make it possible to perfectly fit their standards, it is increasingly difficult to secure immigration status so the<em>&nbsp;carte de séjour&nbsp;</em>can be issued.</p>



<p>Furthermore, ANTS-Étrangers en France requires the “proper documents” to be submitted within one month, and DRIEETS expects them within 15 days. In short, there is hardly any time to fix the situation once the initial request is submitted.</p>



<p>I find it both ironic and sad that the ANTS Étrangers en France office does answer its phone number (‭08 06 001 620),‬ so it should be able to help. But not really, because the people answering cannot do much more than look at the computer screen and tell you if the file is open or closed.‬‬‬‬‬‬</p>



<p><span style="color:#5182FF" class="color"><strong>OFFICE CLOSED FOR SUMMER VACATION</strong>&nbsp;</span><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. 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/>CHANGING IMMIGRATION STATUS WITH THE NEW ONLINE PROCEDURE<br/><br/></h2><p class="kt-blocks-info-box-text"><em>I have a carte de séjour passeport talent salarié qualifié valid until September 2026. I have asked the prefecture of the Yvelines located at Versailles to change my immigration status to passeport talent créateur d&#8217;entreprise. I have added avis positif of DRIEETS and proof of 30k euros. I want to check if my request is valid or if we can only do changement de statut toward the end of the visa (four months before the expiration). … Am I obliged to spend 30k in the first year? Or is just having an avis positif of DRIEETS enough? I will be doing freelance work and I have asked for a visa for that.</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">You raise a complex issue. The first thing I need to do is identify which authority issues which papers and where this step fits in the procedure. Then I can detail the specifics of the new immigration status you want.<br/>To sum up in general terms:<br/>1 – The first step is submitting the request to DRIEETS, which issues papers granting the right to work in France. In your case, this translates into checking whether you will have a sound and profitable business.<br/>2 – Once DRIEETS approval is obtained, the applicant submits the request for the immigration status linked to this right to work. This can be done at the prefecture but more and more often it is ANTS with its Étrangers en France website (see the section above on asking for the right to work). Then an overall evaluation is done, making sure all requirements are met. In your case, this means looking in detail at the business plan and supporting documents proving that at least 30,000€ in business expenses are actually disbursed in the first year. It also means making sure you have the appropriate master’s degree or can prove at least five years of experience in your field. Finally, it checks that business plan and cash flow projections make it reasonable to assume you will earn at least the SMIC, which is the French minimum wage of about 16,000€ in annual net taxable income.<br/>3 – Once approved, the file goes to the prefecture, which finalizes it and orders the related<em>carte de séjour </em>to be produced. This concludes the procedure; you can pick up the<em> carte de séjour </em>as soon as it is available.<br/><br/>There is valid logic behind these requirements. Understanding it may help you comply with them.<br/><br/>The requirement of 30,000€ in business expenses the first year may seem odd if not just plain stupid. For one thing, it fails to distinguish between different types of business. I see two different situations:<br/>1 &#8211; Opening a shop, buying professional equipment and renting a commercial space entail much higher business expenses than this figure, so people engaged in such activities are at a distinct advantage. On the other hand earning at least French minimum wage the very first year is going to be quite difficult.<br/>2 &#8211; Other businesses like consulting do not have many expenses. For such applicants, it is difficult to reach 30,000€ in expenses due to low operating costs, including social charges. On the other hand, consultants with little overhead have a distinct advantage regarding earning at least French minimum wage the very first year. For these candidates, it is easier to meet a requirement of high earnings based on the business plan right away.<br/><br/>In the end, there is a reasonable balance among types of businesses and projects. The bottom line is that the requirements simply ensure that the project has been well thought out, that contracts have been signed and that personal financing is readily available. The French administration&#8217;s end goal is to be sure, before it is too late, that the project is sufficiently strong enough to have every chance to succeed so that the foreigner will be able to keep the immigration status. Asking for a master’s degree or substantial professional experience follows the same logic.<br/>The last issue is that the prefecture issues a<em> carte de séjour </em>that is valid for two to four years, depending on how the project quality is viewed. The prefecture bases its decision on the positive DRIEETS review as well as its own general evaluation. It has inquisitory tools allowing it to check with URSSAF, the tax office, Pôle Emploi, CAF and CPAM. An appointment and review of the situation based on information gathered may also be required.<br/>In short, yes, you prove in your business plan that you will definitely spend 30,000€, and then make sure you do so because the prefecture can find a way to check.<br/><br/>As for the timing, to submit a request to the DRIEETS the applicant must have a valid immigration ID, ideally with several months before it expires. Asking two or three years before the expiration date does not bother DRIEETS at all. In your case, the next step is with ANTS. Creating an account to submit the request is easy. As long as you have a valid ID, the system accepts your request smoothly.<br/>But there could be a problem when they review your situation since you currently hold a<em> carte de séjour passeport talent salarié qualifié. </em>This means you are an employee. That alone prohibits you from establishing a business, as the right to be an employee excludes the right to run a business independently. So, as weird as it may seem, your file might have a better chance of success if you are unemployed, whether or not you receive the Pôle Emploi unemployment payments.<br/>Your biggest risk is that the administration might decide you obtained your current card fraudulently since you are changing so quickly and to such a degree. To minimize this risk, your business plan should have a long section explaining the move and being very persuasive about how genuine it is.<br/>In the eyes of the French administration, getting one status as a pretext for a different one is fraud, whether that is what was intended or not. This risk should not be overlooked or downplayed.</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 DEFINITION OF BEING A FRENCH FISCAL RESIDENT</em><br/><br/></h2><p class="kt-blocks-info-box-text">I enjoyed reading your April 23 Q/A column this morning. I have one comment on France tax residency. If your primary residence is in France, you become a France tax resident on the day of your arrival regardless of how few days you live here in the first year.<br/>We moved here on August 30th, 2021, a few days after selling our house in the US. We mistakenly believed the 183-day rule applied and didn&#8217;t report our 2021 revenue in 2022. Last month we received a notice of Non depôt de déclaration – Impôt sur le revenue. We&#8217;ve since filed for the 4 months and 1 day we lived here in 2021.<br/>From the Strictly Fiscal Facebook Group:<br/>FISCAL RESIDENCY GUIDE 4 &#8211; FRANCE TAX RESIDENCY<br/>France has a relatively simple set of tests for whether you are tax resident here. An official explanation of these can be found both in English, and French, here:</p></div></a></div>



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<p><a href="https://www.impots.gouv.fr/residents-france[English]">https://www.impots.gouv.fr/residents-france[English]</a><br><a href="https://www.impots.gouv.fr/resident-de-france[French]">https://www.impots.gouv.fr/resident-de-france[French]</a></p>



<p>These are based on the French tax code: <a href="https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041464195/">https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041464195/</a></p>



<ol class="wp-block-list" start="5"><li>What these say is that if your household is here, you are resident here. But you will also be resident here if your “lieu de séjour principal” is here: “where you live most of the time” or “your main residence”. There is no 183-day rule, though as a matter of convenience the French administration may use this test additionally to show you are resident (that your “lieu de séjour principal” is here) – but quite certainly they do not say that if you’re here for less than 183 days then you are not resident.</li><li>The tax laws don’t contain further definitions, beyond saying that if you have a substantial professional job in France (paid or unpaid, and no matter where you live) you can also be treated as resident.</li></ol>
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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"><br/>I believe that we either stay with the four basic situations I mentioned in my April column, which the tax office defines as pertinent guidelines – understanding that there can be exceptions that require some fine tuning – or we use the definition provided by the Code Général des Impôts:<br/><em>“Sont considérées comme ayant leur domicile fiscal en France au sens de l&#8217;article 4 A : a. Les personnes qui ont en France leur foyer ou le lieu de leur séjour principal.” </em>(&#8220;The following are considered to be domiciled in France for tax purposes within the meaning of Article 4 A: a. Persons who have their home or principal place of residence in France.&#8221;)<br/>But that is subjective, as it depends on how one defines both<em> foyer </em>and<em> séjour principal. Foyer </em>is linked to where the family lives and therefore has to do with the second condition mentioned in my April column: “have immediate family members (spouse and/or minor children) who are living in France and therefore are French fiscal residents.”<br/>As for<em> séjour principal, </em>it is vague. The tax office and other parts of the French administration that use this concept describe it better:<em> “le centre de ses principaux intérêts”, </em>which in English means where one’s main interests in life are, including work.<br/>This is linked to the third and fourth conditions in my April column: “have a French employer” and “run a French business, even something like tutoring schoolchildren in English.”<br/>What is left is the first condition on my list, regarding staying in France “183 days in a calendar year, whether you have legal immigration status or not.” This mentions nothing tangible or visible that anchors the person in France but just evaluates the amount of time spent there. It assumes that staying six months makes it definitive, since that is the majority of the calendar year. When the stay is less than that, more research on the person’s intent is required.<br/>Here is an illustration of this situation. Someone arriving at Charles de Gaulle Airport with a<em>visiteur </em>immigration visa has become a French fiscal resident. Holding this immigration status means the person must declare his/her worldwide income to France. Before the declaration is made, nothing visible indicates this status.<br/>By the way, most Americans holding this status do not know that, mainly because the prefecture does not enforce this legal obligation on them!<br/><br/>A long time ago, I helped a client who received a letter from the tax office mentioning an appointment with the tax inspector. The tax office had received information indicating that my client might be a French fiscal resident who had not declared income to France. Counting the days in France and elsewhere, using the stamps in the passport, the inspector came up with a stay in France of close to five months in the first year reviewed. After a second review of that year, we acknowledged that France was where my client spent most of that year compared to the other locations, so it met the definition.<br/>Regarding the comments from the Strictly Fiscal Facebook Group, the analysis in No. 5 is true, but only once in my career has such a detailed evaluation been needed. Most people can continue to go by the 183-day guideline, knowing that it is just that, a guideline.<br/>But their point No. 6 – “The tax laws don’t contain further definitions, beyond saying that if you have a substantial professional job in France (paid or unpaid, and no matter where you live) you can also be treated as resident” – is inaccurate. For this April column, I copied and pasted at the beginning of my answer, the relevant article in the French fiscal code. The tax law does indeed say something different.<br/>As I said early, I disperse basic information so people can handle life in France with generic guidelines that are safe and accurate almost all the time.</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>THROW DOWN THE SWORD</title>
		<link>https://www.jeantaquet.com/throw-down-the-sword/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sat, 01 Apr 2023 07:01:58 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<category><![CDATA[Domiciliation]]></category>
		<category><![CDATA[property registration]]></category>
		<category><![CDATA[REFUGEE STATUS]]></category>
		<category><![CDATA[Taxe]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2708</guid>

					<description><![CDATA[April&#160;2023 “Throw Down the Sword” is the last song on Argus, the third album by the British rock band Wishbone Ash, released on April 28th, 1972. The album is medieval themed, particularly the second side. Throw down the sword,The fight is done and over,&#160;Neither lost, neither won.&#160;To cast away the fury of the battleAnd turn [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>April&nbsp;2023</em></em></h5>



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<p>“Throw Down the Sword” is the last song on Argus, the third album by the British rock band Wishbone Ash, released on April 28th, 1972. The album is medieval themed, particularly the second side.</p>



<p>Throw down the sword,<br>The fight is done and over,&nbsp;<br>Neither lost, neither won.&nbsp;<br>To cast away the fury of the battle<br>And turn my weary eyes for home.&nbsp;<br>There were times when I stood at death&#8217;s own door<br>Only hoping for an answer.&nbsp;<br>Throw down the sword,&nbsp;<br>And leave the glory<br>A story time can never change.&nbsp;<br>To walk the road, the load I have to carry<br>A journey&#8217;s end, a wounded soul.&nbsp;<br>There were times when I stood at death&#8217;s own door<br>Only searching for an answer.</p>



<p>I have been a fan of this band since the summer of 1978 and I believe I own most of their albums. Their eclectic style of music is grounded in twin lead guitar harmonization. Wishbone Ash is one of the few bands I have never stopped listening to. I believe it is one of the most underrated British bands. I see them as a musical transition from 1960s rock ’n’ roll to heavy metal as played by Black Sabbath.</p>



<p>The song’s metaphoric image is about stopping violence. Regardless of the reasons, good or bad, for opposing a government policy or a court ruling, there should not be a high level of violence in the USA, France, or anywhere else. I feel like we are surrounded by media talking about violence linked to almost everything. There is no point in listing any of the issues even if some of them have major consequences in both France and the USA.</p>



<p>Here I am talking more about the French situation, as both the level of violence and what is at stake seem important to me, and the outcome is totally uncertain. I have noted in virtually all my columns for a year or so that France is now in completely uncharted political territory, in which not only does the president lack a majority of parliamentary votes, but no party has a clear majority in the National Assembly. I have seen posts on Facebook expressing serious concern about moving to France. I fully understand this concern, and clearly a lot of people in France are inconvenienced by the current strikes, gas stations running dry and trash cans overflowing, not to mention spontaneous demonstrations featuring fights with police when they show up to disperse the protesters.</p>



<p>As I explain below, I doubt this unrest will last very long, so visitors’ French vacations in July or August should be fine.</p>



<p>As for everybody throwing down the sword and resuming polite and respectful discourse, who knows when this will happen, if ever.</p>



<p><span style="color:#5182FF" class="color"><strong>CONFERENCE ABOUT AMERICAN NATIONALITY SPONSORED BY AAWE &amp; AARO</strong>&nbsp;</span><br>AAWE and AARO are two major non-profit associations in France assisting, guiding and supporting the American expat community. There are also many smaller groups, many of them doing business networking. Until 2000, I regularly attended one organized by Elizabeth de Vulpillières, who died in the spring of 2003. I have been active with the two major groups for a long time. They put on valuable conferences. I make a point of attending the ones about American citizenship, the latest of which was held on March 14th.</p>



<p>In earlier years when I had two minor children, a change in the law could affect their ability to transmit their American citizenship to their children. Now that they are both adults, I have more of a general interest, since I am asked to help American citizens who may be faced with similar issues. Knowing that these two associations exist can be the first help in providing proper guidance on what to do at the American Embassy.</p>



<p>So I want to thank AAWE and AARO once again for their unceasing efforts to improve and facilitate the lives of American citizens residing in France. Their powerful lobbying efforts have an impact on the lives of Americans outside the USA. The COVID pandemic forced them to put their conferences on hold. I am happy they are back.</p>



<p><strong><span style="color:#5182FF" class="color">A CRISIS IN THE FRENCH REAL ESTATE MARKET</span></strong><br>Experts on the real estate market in the expat community in France regularly analyze what is going on and trends in the market. Almost everybody agrees there is a crisis because interest rates are rising faster than property prices are falling. One lesser-known reason is that banks have put a rapid and extremely harsh squeeze on issuing mortgages. The number issued dropped by 48.70% from February 2022 to February 2023.</p>



<p>French banks have never issued mortgages readily, asking for a lot more guarantees than in the USA. The problem today is that the interest rate in February was 2.82%, compared with 2.61% in January. The European Central Bank is said to be considering another increase, which would push the rate above 3%. It has already risen steadily for the past 14 months. French banks believe the rates should be rising faster, as interest on loans issued today will soon be below the inflation rate and banks will lose money on them as long as this situation persists.</p>



<p><strong><span style="color:#5182FF" class="color">REFORMING THE FRENCH PUBLIC RETIREMENT SYSTEM</span></strong><br>French news outlets, along with much of the rest of the world’s media, have recently been showing photos of trash left on sidewalks in Paris and other cities, stacked up two meters high and turning streets into open-air garbage dumps, along with demonstrations occasionally resembling riots, as if there were a civil war.</p>



<p>I agree that French political life is currently unsettling. There is a lot of spontaneous anger expressed in the streets of cities throughout France. The media sensationalizes such events because they sell, and they raise audiences’ emotional level. But the garbage trucks are starting to return, and the demonstrations and violence will eventually stop. The real question now is what will make them go back to work, aside from the severe financial burden that continuing to strike imposes?</p>



<p>If there are huge numbers of police in the street, with many people arrested and kept in jail for a day or two, it may dissuade people from demonstrating. French unions know when to stop a strike, so there will be no breaking point on their side. The real damage will come during the next elections, which will start no later than the spring of 2027.</p>



<p>The true outcome of all this is a deep disconnect between President Macron and the French people. The margin by which the no-confidence vote on the retirement reform failed in the National Assembly, after the government forced through the reform under constitutional Article 49.3, was just nine votes. This, known as a reverse vote, was effectively the definitive vote in favor of the reform: Since the National Assembly did not force the government to step down, the law is considered approved.</p>



<p>But there is a growing sense that there could be a National Assembly election much sooner than 2027. The opposition parties now have every reason to stir up chaos. This could force President Macron to dissolve the assembly, triggering new legislative elections. If the voters’ anger is strong and long-lasting enough, a new election could result in the president lacking sufficient representatives to keep one of the two current opposition groupings from achieving a clear majority.</p>



<p>Then there would be what is called cohabitation, which has happened a few times. It obliges the president to stop conducting French policy and let the prime minister do it. All things considered, in such circumstances the French political regime looks more like the British system. President Macron could quickly find himself caught between a rock and a hard place.</p>



<p><span style="color:#5182FF" class="color"><strong>WHY THIS UKRAINIAN CITIZEN IS NOT SEEKING REFUGEE STATUS</strong>&nbsp;</span><br>Sometimes what appears to be the obvious best choice ends up being a bad one. A foreigner finishing a complete cycle of studies with a master’s degree is ready to get work and start a career. French law requires several documents to obtain the necessary carte de séjour. But being Ukrainian could make it particularly complicated to obtain some of the documents needed. It can appear to be a daunting project, with the possibility of a negative decision if the file is not good enough.</p>



<p>Compounding the situation is the idea that, right now, with a Ukrainian passport it is easy to get political refugee status. I could discuss at length how inaccurate this statement is. Applicants must prove they are in danger to get this protection. After living five years in France, it would be hard to prove he fled the country seeking asylum. Protecting the person so he can stay in France and not be sent back involves different legal grounds. On those grounds, the so-called good advice is not good.</p>



<p>I would like to add another point, which is even more important. This person made a personal choice years ago to become a student in France and now wants to start a career. What kind of dynamic would be created by an immigration procedure based on the war in Ukraine? I believe it would lead to a lot of bad emotions and feelings. This could damage the mindset and reduce the energy needed to start a career.</p>



<p>On the other hand, choosing what could appear to be a much more difficult and challenging immigration procedure, if it succeeds, means starting his new life proud and strong due to these scholastic successes. He can say, “I got this job on my merit.” To take this even a step further, it would be possible for him to go for the best, fearless of the competition.</p>



<p>Indeed, this person would have an advantage over other immigrants, who must play it safe because losing their job or failing at their new business would jeopardize their right to stay in France. It is unfortunate that a war or other military conflicts are likely to continue in Ukraine, but it means this person need not fear failure, because it would not affect their right to remain an immigrant in France: French law does not allow such a foreigner to be sent back to a country at war.</p>



<p>This situation illustrates a few important things.</p>



<p>1. The obvious best choice should always be reviewed. It must be taken with a grain of salt.</p>



<p>2. There are laws and there are human beings. Being an immigrant has everything to do with a state of mind, having hope, pursuing a goal, and feeling confident and respected.</p>



<p>3. Almost always, choosing the harder way builds security and long-lasting rewards because it makes for a stronger integration status.</p>



<p>In cases like this one, the path of least resistance is the wrong choice.</p>



<p><strong><span style="color:#5182FF" class="color">FRENCH INCOME TAX DECLARATION TIME IS LOOMING</span></strong><br>On a more mundane topic, I would like to remind everybody that the paper version of the 2022 income declaration must be filed in France by midnight on May 22nd, 2023. The declaration forms will be available at www.impots.gouv.fr on April 6th. You can start filing your declaration on April 13th on the same website. To do so, you need your tax ID number (numéro fiscal) and a password.</p>



<p>If you are making your first income declaration to the French tax office, you should do so using the paper form and checking the “first-time” box on the form (CERFA #2042) where it says Vous déposez une déclaration pour la première fois cochez (“Check here if this is your first declaration”). It is possible to get the tax office to give you the information needed to declare for the first time electronically, but I tend to advise against it because using paper documents makes it much easier to see and understand how the system works.</p>



<p>Note that the deadline for online declarations is later than that for paper declarations. The schedule depends on your postal code:<br>• Départements 01 to 19 must file by midnight on May 25th.<br>• Départements 20 to 54 by June 1st.<br>• Départements 55 and up by June 8th.</p>



<p>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.</p>



<p>You are a French fiscal resident if you:<br>• stay in France 183 days in a calendar year, whether you have legal immigration status or not<br>• have immediate family members (spouse and/or minor children) who are living in France and therefore are French fiscal residents<br>• have a French employer<br>• run a French business, even something like tutoring schoolchildren in English.</p>



<p>Occasionally you may have a year with no tax owed to France, either because you only had foreign income not taxed in France or because your taxable income is too low. Then a problem can arise if the prefecture wants to see your income tax bill (avis d’imposition sur le revenu), as happens with many types of immigration status.</p>



<p>Unlike in the USA, filing is a two-step process. The income declaration is sent in, with no payment attached. Then, starting in August, the tax office issues the avis d’imposition sur le revenu based on the declaration, and the deadline to pay the income tax is September 15th.</p>



<p>Many organizations in France, in both the public and private sectors, may require you to furnish an avis d’imposition. For example, the Caisse d&#8217;allocations familiale (family subsidy bureau) uses this document among others to decide if applicants deserve aid and, if so, how much.</p>



<p><strong><span style="color:#5182FF" class="color">THE STATUS OF THE TAXE D’HABITATION AND SO-CALLED TV TAX&nbsp;</span></strong><br>So much misunderstanding exists regarding the taxe d&#8217;habitation, especially because since January 1st, 2023, all owners of French real estate have been obliged to submit a report by July 1st, 2023, on how the property is used. I believe this is correlated with the phase-out of the taxe d&#8217;habitation, and nearly everybody agrees. Started in 2018, the process of phasing out this local tax, at least in part, comes to an end in 2023. French residents will no longer pay the tax on their primary residence. It will still apply to secondary residences.</p>



<p>The taxe d’habitation was linked to many incorrectly call the French TV tax. Its legal name was changed from redevance télévisuelle to contribution à l&#8217;audiovisuel public or CAP. It was the way France funded its public TV and radio networks. The CAP was abolished in the amended budget law No. 2022-1157 passed on August 16th, 2022.</p>



<p>Add it all up and the weird new property declaration makes a lot more sense. The only remaining local tax linked to residents is the taxe d’habitation on secondary residences. If you claim a secondary residence, especially in Paris, City Hall immediately assumes it is being used for short term vacation rental. So while the new declaration, coming out of nowhere, could have seemed like Big Brother in the shape of French administration was invading one’s privacy, it is just the normal adaptation to changes taking effect between 2022 and 2023.</p>



<p><span style="color:#5182FF" class="color"><strong>THE SHIP STUDIO IS NOW RENTED UNTIL SEPTEMBER 1st</strong>&nbsp;</span><br>After having had a few friends and family members stay in the SHIP studio, we have now started professional rentals. Early on, I asked my son, Eric, to sculpt a stele representing a tall ship. As the weather gets warmer and the studio is now occupied, I often think of the SHIP sculpture to come. Given his workload, I know I must wait until his summer vacation.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR SUMMER VACATION&nbsp;</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. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p><a href="https://ymlpcl1.net/4ebb5ueqeaoaewhymaoaqebakajsew/click.php" target="_blank" rel="noreferrer noopener">www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents</a></p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/>IS THE NEW REAL ESTATE DECLARATION OVERREACHING?<br/><br/></h2><p class="kt-blocks-info-box-text"><em>The notice of property registration for every(?) property in France is interesting. It reminds me of what a Dutch friend said a few years ago, regarding EU governments:</em>&#8220;They want your money and they will take it&#8230;or they will take your house&#8230;or they will take&#8230;you.&#8221;Perhaps it is time to explore other options&#8230;Morocco? Nice weather, nice people, good food, smaller government? etc.I thought that the communist Paris mayor had ended the daily holiday rentals years ago with her heavy fines and police state inspections?(BTW, I personally would never stay at an Airbnb for the simple reason that my standards of cleanliness are probably higher than any Airbnb would offer!)<em>I do not want Airbnb rentals in any building that I live in!</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">One side of your question is extremely difficult to answer. How do you define the limit between good data gathering, for the good of the people, and the kind that allows controlling and monitoring people? This issue has always existed and I am not sure there is a good answer.<br/>In France, it is assumed that the administration is there to help and protect the people and therefore the country accepts having a lot of information gathered on individuals. In the USA, people tend to believe they should be protected against administrative overreach and less government is better.<br/>So just in this regard, the limit is defined very differently. As a Frenchman, I see the new declaration as being good for the people, since it helps in going after cheaters. But I hear many Americans saying that France should just accept the vacation rental business: Since there is such strong demand for tourist lodging in places like Paris, there should be a supply to meet it. The state should give guidelines and let the market regulate itself.<br/>I would like to address some of your other comments. The mayor of Paris, Mme. Anne Hidalgo, is affiliated with the Socialist Party, which has next to nothing left that can really be called socialist. Her team represents a wide range of opinion, from communists to Greens. Calling her communist is simply wrong.<br/>The fight against illegal vacation rentals is tedious and complicated. Yes, City Hall usually wins in court, but this is not enough deterrence, as there is too much money to be made.<br/>Now that tourists are back in Paris, people living in buildings with vacation rentals are fed up. It greatly disturbs their life.<br/>There are several approaches to the situation.<br/>1. Renting legally<br/>I will not go through the entire procedure as it is long, costly and hazardous. The basis is that this kind of very short term vacation rental requires commercial zoning. That means transforming an apartment into a commercial space similar to a hotel. The city of Paris will review requests for this only if the applicant has the means to also have an existing commercial space turned into residential so as to maintain the ratio of residential places. Even so, it is not certain that City Hall will accept the request.<br/><br/>2. Renting illegally<br/>The latest information I have indicates this is still the majority of cases. In some neighborhoods, buildings have more than one apartment used this way. The nuisance it creates is such that resident owners complain to the<em> syndic, </em>the property manager of the common areas. Then either an owner or the<em> syndic </em>informs City Hall, which launches an investigation and may prosecute.<br/><br/>With the Paris real estate market getting weaker, every detail counts, and having such rentals in a building lowers the other apartments’ selling price. Thus, as tourism resumes in Paris and more tourists stay in such apartments, I see a sharp increase in complaints to City Hall.<br/>Anyone planning on buying a Parisian apartment should enquire about this. If the building has a<em> gardien(ne) </em>it not only increases the value of the property by around 20%, but also these professionals will let you know right away what is going on: They clean the common areas, especially the hallways and staircases, so even if guests are quiet, their suitcase wheels leave tracks.<br/>With Paris welcoming the Olympic Games in 2024, City Hall is going to face a huge challenge in the months to come.</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 NEED FOR A SOCIÉTÉ DE DOMICILIATION</em><br/><br/></h2><p class="kt-blocks-info-box-text"><em>I wanted to move to France as a consultant and the immigration lawyer who helped me while I was living in Texas did everything without explaining anything. I later found out that I have signed a contract with a société de domiciliation. I work from home and I meet my clients where they work and, even more often lately, remotely. He explained to me that the visa procedure demanded it. Now that I am in Paris, my lawyer told me to register my business using the address of this corporation, but I have yet to understand what services it is offering, as I see none that I need. Can you explain?</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"><br/>To fully respond to this, I need to go back about 40 years. It began as a zoning issue. Any business of any kind had to be done in a place that was commercially zoned. It was impossible to have your business registered in your home.<br/>There were and still are many diverse reasons for business owners to decide to use a<em> société de domiciliation. </em>Previously every member of a<em> profession libérale </em>was legally obligated to do so, unless their lodging was adequately zoned. Others wanted to separate the legal address of their business from where it was practiced. For them, this was a way to hide the real location of their home.<br/>When I graduated from law school in 1984, the legal situation was as I have described. In the old days, doctors, lawyers and architects had a special mixed zoning type, with part of the lodging dedicated to their waiting room and place of work, while everything else was their home. Through a series of steps I won’t discuss in detail, today all businesses, whether incorporated or not, can be registered at one’s home without having to change the zoning. The focus now is on safety and sanitary regulations as well as specific requirements for welcoming the public, whether the business is a store, theatre or stadium.<br/>For some reason, your immigration lawyer followed the outdated regulation. I see no reason for you to keep this contract, and you should cancel it as soon as possible. Sadly, most such contracts have a provision stating that there is a minimum duration, which can be a couple of months or more. Thus even if you send a registered letter demanding immediate termination of the contract, it is will probably remain in effect for some time and you will be billed accordingly.<br/>By the way, I do not mean to imply that<em> sociétés de domiciliation </em>are crooks charging for unnecessary services. Today such companies offer a wide range of services, much more than their initial mission of receiving mail and keeping it until the business owner picked it up. They can open mail and send you a scan of it. Many offer meeting rooms, a telephone switchboard service and so on. In turn, today many coworking spaces offer<em> domiciliation </em>services as a natural extension of their original purpose.</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>Mr. Smith Goes to Washington</title>
		<link>https://www.jeantaquet.com/mr-smith-goes-to-washington/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Mar 2023 07:01:21 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<category><![CDATA[DPE]]></category>
		<category><![CDATA[property registration]]></category>
		<category><![CDATA[Social Security]]></category>
		<category><![CDATA[Taxe]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2703</guid>

					<description><![CDATA[March&#160;2023 WIKIPEDIA“Mr. Smith Goes to Washington&#160;is a 1939 American political comedy-drama film directed by Frank Capra, starring Jean Arthur and James Stewart, and featuring Claude Rains and Edward Arnold. The film is about a newly appointed United States Senator who fights against a corrupt political system.” As a French equivalent, I would choose&#160;Le Président,&#160;a 1961 [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>March&nbsp;2023</em></em></h5>



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<p><strong>WIKIPEDIA</strong><br><em>“Mr. Smith Goes to Washington&nbsp;</em>is a 1939 American political comedy-drama film directed by Frank Capra, starring Jean Arthur and James Stewart, and featuring Claude Rains and Edward Arnold. The film is about a newly appointed United States Senator who fights against a corrupt political system.”</p>



<p>As a French equivalent, I would choose<em>&nbsp;Le Président,&nbsp;</em>a 1961 political thriller directed by Henri Verneuil and based on Georges Simenon’s novel of the same title, though with an altered ending. It tells the story of a French prime minister (Jean Gabin), who has toiled all his life for the national good. He is betrayed twice by an opportunistic younger politician (Bernard Blier) but gets his revenge in the end.</p>



<p>I have been following what is happening in French and American politics. It made me think of these movies, which, by contrast with what is going on now, are idealistic and uplifting rather than depicting what I think is the reality of politics around the world. I doubt that any real political system has ever been as good as what these movies show. But the French movie could be considered a kind of biopic of Georges Clemenceau:</p>



<p><strong>WIKIPEDIA</strong><br>“Georges Benjamin Clemenceau (28 September 1841 – 24 November 1929) was a French statesman who served as prime minister of France from 1906 to 1909 and again from 1917 until 1920. A key figure of the Independent Radicals, he was a strong advocate of separation of church and state, … as well as opposition to colonization.”</p>



<p>Both movies, in their way, address corruption, greed and self-interest. They also reflect a belief that good wins in the end because ethics transcends opposition along party lines. Even so, the reality was murkier. But the public had expectations of good governance, ethical behavior and common grounds when it came to what the country stood for.</p>



<p>Sadly, I find that in the USA and France, the public today has a very low opinion of elected officials and others who work in government, and even of law enforcement. So it is good to be reminded that there was a time when they were held to a higher standard: when the media revealed objectionable behavior, they would resign, drop out of the race, apologize and so on, even for wrongdoing that was not illegal. It would be nice if another Mr. Smith could go to Washington someday.</p>



<p>In watching American and French political life, I see a resemblance that few people mention. In the past several decades, it was rare for debates, emotional diatribes and the like to take place in the Chambre des Députés, the French equivalent of the US House of Representatives. But now that President Emmanuel Macron’s party lacks a majority, the opposition parties use such tactics to delay votes, hearings and other action, which infuriates the members of the government. All the parties involved, as well as the executive branch, indulge in surrealistic behavior, losing it at one point or another, leading to chaos and suspensions – in other words, pretty much what happens in the US House.</p>



<p><em>Mr. Smith Goes to Washington&nbsp;</em>shows people having passionate arguments while staying civil and polite. The contrast between then and now is striking. Several times while watching debates in both countries I have made this connection. The scene I love the most of<em>&nbsp;Le Président,</em>&nbsp;which I have seen several times appearing on Facebook and I have put it on my page is,<br><a href="https://ymlpcl1.net/95fc5uewwakaewhymataqebaaajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.dailymotion.com/video/xx87cb</a>&nbsp;<br>He calls by name all the conservative representatives&nbsp;<em>(les députés)&nbsp;</em>and states their close ties to major international trusts, conglomerates, or banks. He also talks about how expensive a political campaign is and how better is the return on investment when financing the political campaign of&nbsp;<em>un député&nbsp;</em>versus bribing local officials in the colonies.</p>



<p>The USA is used to these situations and the House will not get much legislative work done until the presidential election next year. France entered unchartered territory when the newly elected president did not win a solid majority in the Chambre des Députés. It is impossible to predict what will happen during President Macron’s second (and last) term.</p>



<p><span style="color:#5182FF" class="color"><strong>STRIKES AND DEMONSTRATIONS IN FRENCH CITIES</strong>&nbsp;</span><br>American love to joke about, complain and ridicule France on the frequency of strikes and demonstrations, especially in Paris. The chaotic debate about reforming the public retirement system is one of the driving forces behind the current strikes and demonstrations. There have been lengthy debates on TV and opinions of all kinds from across the political spectrum about the strikes and marches.</p>



<p>One thing I have noticed is that, contrary to many protests in recent years, there has been hardly any violence at the end of these latest demonstrations, even the massive ones. I can see that the police are stationed very differently than they used to be around the demonstration routes. Few people have commented about this and the reason for the difference. But those who do are unanimous in saying that Mr. Laurent Nuñez, who became the Paris préfet on July 20th, 2022, is responsible for this success.</p>



<p><strong><span style="color:#5182FF" class="color">A NEW MISSION FOR THE INPI: REGISTRATION OF BUSINESSES</span></strong><br>On January 16th, 2004, I was proud of myself when I walked out of the Institut National de la Propriété Intellectuelle (INPI) in the 8th arrondissement after registering the trademark “A Survival Kit for Paris.” It was just the brand name without a logo or graphics. The name said exactly what I wanted my business to be, and it was mine. It stayed legally dormant for over 10 years: I only put it on my business cards and letterhead until I created a SARL called A Survival Kit for Paris in May 2016. The protection that comes with the registration lasts 10 years, so mine will run out in 2025.</p>



<p>For some reason, the French government has added business registration and modification to the INPI’s responsibilities. On January 1st, 2021, an office was set up in the INPI to manage the creation and alteration of businesses. On September 16th, 2021, this office became the national business registry. Now, since January 1st, 2023, all online registration of businesses is done through the website pages of that office (see the INPI link at the end of this section). This applies to registration of all corporations, whatever the type or size, along with solely owned craft and merchant businesses&nbsp;<em>(artisan – commerçant).&nbsp;</em>However, consultant-type businesses<em>&nbsp;(profession libérale)&nbsp;</em>still go through the URSSAF procedure. This classification was created under Louis XIV and has remained essentially unchanged ever since. It is one of the fundamental business classifications in France.</p>



<p>The new INPI registration procedure is advertised as being easier than before. But when assisting a client with it, I found that every other issue was incomprehensible to an American who was truly fluent in French. So take the advertising with a large grain of salt!</p>



<p>I am sure this topic will have a sequel. Although the vast majority of non-EU immigration applicants choose to be consultants, independent teachers, translators, interpreters and coaches, there are still several who either need to create a corporation to comply with their chosen<em>&nbsp;passeport talent&nbsp;</em>sub-category, or their activities fit the<em>&nbsp;artisan – commerçant&nbsp;</em>status. This latest change is radical and cannot be overlooked.</p>



<p><a href="https://ymlpcl1.net/949c8uewqacaewhymataqebavajsew/click.php" target="_blank" rel="noreferrer noopener">www.inpi.fr/formalites-entreprises/creer-son-entreprise</a>&nbsp;<br><a href="https://ymlpcl1.net/6625buewyagaewhymanaqebagajsew/click.php" target="_blank" rel="noreferrer noopener">www.autoentrepreneur.urssaf.fr/portail/accueil.html</a></p>



<p><strong><span style="color:#5182FF" class="color">REGISTERING AS SELF-EMPLOYED AND GETTING HEALTH COVERAGE</span></strong><br>For at least a year I have observed the poor performance of the procedure for getting French public health coverage after registering self-employed status for the first time. Formerly, URSSAF would send a letter asking for a file with passport, immigration ID, birth certificate and French banking information so as to create an account with the Caisse Primaire d’Assurance Maladie (CPAM) and start the procedure to obtain a French social security number. The file was sent to an office in Brittany, which dispatched the information to your local CPAM to implement the health coverage policy and to INSEE, the French statistics agency, for the creation of the French social security number. For years, the procedure was somewhat slow but predictable and thus reliable.</p>



<p>Now the system is so slow as to be dysfunctional, so it is no longer feasible to rely only on it to obtain coverage. Instead, once the letter from the URSSAF Brittany office in Auray is sent, you have to be proactive and submit the registration file to the local CPAM as well. Eventually, there may be two files active. But if you inform this Brittany office when it asks for the file that one registration has already been completed, you can avoid having two files in process at the same time. Keep in mind that this is the procedure to set up CPAM public coverage. URSSAF takes care of setting up the account to which income is declared and social charges paid.</p>



<p><strong><span style="color:#5182FF" class="color">DECLARING USE OF FRENCH REAL ESTATE</span></strong><br>The French tax office’s recent announcement that property owners now have to complete an extra filing about their holdings took me by surprise because I first got the information from a client who reads The Local France, an expat website:&nbsp;<a rel="noreferrer noopener" href="https://ymlpcl1.net/7da20ueqsaraewhymaxaqebazajsew/click.php" target="_blank">www.thelocal.fr/20230126/new-french-property-tax-declaration-your-questions-answered&nbsp;</a>.</p>



<p>I did some research and found the information issued by the French administration, the most reliable source. Since January 1st, 2023, all owners of French real estate have had until July 1st, 2023, to submit a report on how the property is used. The official reason is simply that the administration wants an improved picture of the usage of French real estate. But I can see that how a property is used can indicate discrepancies in the income declared to France (or the lack of it). It can also show if it is used for Airbnb, facilitating checks on whether the rental meets the French legal requirements and how many non-residents foreigners use the place. I won’t try to read from these observations what the next step might be, aside from these basic legal and fiscal issues.</p>



<p>Here is a partial translation of the message found on the official website.</p>



<p><strong><span style="color:#5182FF" class="color">WHAT INFORMATION MUST BE DECLARED VIA THE NEW ONLINE SERVICE “MANAGE MY PROPERTIES”?</span></strong><br>This new obligation is carried out through the online service available on&nbsp;<a href="http://impots.gouv.fr/">impots.gouv.fr</a>&nbsp;in your personal space under the “Real estate” tab [“Biens immobiliers”].</p>



<p>The following information must be provided by July 23rd, 2023:</p>



<p>How the premises are occupied (by you or tenants).<br>Whether it is a main residence, a secondary residence, rented, occupied free of charge, or unfurnished and unoccupied.</p>



<p>Who the tenants are (for a private individual: last name, given name, date of birth, place of birth; for a corporation: name of the manager, SIREN).</p>



<p>When it is used by the owners (beginning and end of the period of occupation).</p>



<p>In the case of seasonal rentals: when it is rented and who manages the property (either the owner or, if it is professionally managed, the manager’s SIREN or that of the owner if applicable).</p>



<p>The amount of the monthly rent (optional).</p>



<p>Gathering this information will help the administration calculate the habitation tax on secondary residences, the tax on vacant premises (TLV) and the housing tax on vacant accommodation (THLV).</p>



<p>This is a mandatory declaration (article 1770 terdecies of the CGI). Failure to declare will result in fines of 150€ per premise.</p>



<p>This topic is also addressed in the second Q&amp;A of this column.</p>



<p><a href="http://www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes">www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes</a>&nbsp;<a href="http://www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents">www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents</a></p>



<p><a rel="noreferrer noopener" href="https://ymlpcl1.net/421d2uequazaewhymapaqebaaajsew/click.php" target="_blank">www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes</a>&nbsp;<br><a rel="noreferrer noopener" href="https://ymlpcl1.net/4ebb5ueqeaoaewhymaoaqebakajsew/click.php" target="_blank">www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents</a></p>



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<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/>DOES INSULATION QUALITY AFFECT THE CHANCES OF GETTING A MORTGAGE?<em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>We are a couple of Americans who just arrived in the southwest of France and we are starting to look at real estate in that region.The first thing that I don’t understand is what energy class signifies and whether there is something I should be mindful of here. I’m also seeing something called GHG: is that also something I need to pay attention to? And should I anticipate that the energy class ratings would enter into consideration when I apply for a mortgage? Say a prospective owner wants to buy an E, F or G-rated house (owner occupied, not a rental), but needs a mortgage; would the rating influence the success of obtaining that mortgage?</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 energy classification for residential properties runs from excellent heat and noise insulation (A) to horrible (G). It is like grading in the school system. Yes, you should pay a lot of attention to this.<br/>In the last 25 years or so, France has increasingly added requirements to protect, first, people buying real estate and, second, tenants holding a lease. One protection involves disclosing more and more information about the place. The result is that today one gets a standardized report that is close to what a surveyor would give you. Testing of energy performance <em>(diagnostic de performance énergétique </em>or DPE) became mandatory on November 1st, 2006. The process of adding these requirements has been slow. It is driven by energy costs, environmental needs and growing concern for people’s comfort.<br/>Since January 1st, 2023, it has been illegal to rent out housing units known as “energy sieves” or “heat sieves” <em>(passoires énergétiques </em>or<em> thermiques),</em> those rated F or G. This measure applies to new rental contracts signed on or after that date.<br/>The top threshold for final energy consumption of a dwelling is 450 kWh per square meter for metropolitan France.<br/>The decree containing this regulation is dated January 13th, 2021. That shows something very French: legislation can be implemented years after being enacted.<br/>You also ask about GHG, which stands for “greenhouse gas” and has to do with measuring of the carbon imprint. It is not mandatory and therefore is purely informative.<br/>Given that the current legislation contains provisions for even stricter norms up to 2028, the energy rating has some direct influence on a bank’s decision whether to grant a loan, or on its amount or duration. There is reason to believe the French government will continue tightening the standards even after 2028. A bad DPE influences a property’s market value. Mortgage durations are usually 10 to 20 years.<br/>You can always renovate and thus significantly improve the insulation quality and thus the DPE. But bear in mind that people are already complaining about the fact that century-old houses can offer good comfort once they have modern doors, windows and roof insulation, but there are doubts as to whether they will continue to score well on DPE tests. The large thickness of the walls of the very old houses offers some very good protection but those houses have a hard time scoring well on DPE tests. Many real estate agents are already warning about this possibility.<br/>As a side note, this is the answer I received from my banker when I asked the question specifically about this issue. This is the letter the client must sign when they ask for a loan at my bank<br/><em>Dear client, </em><br/><em>You have applied for a loan to purchase a property. The energy performance report (DPE) included in your loan file shows a grade of less than D (either E, F or G).</em><br/>We would like to point out that the feasibility study of your financing request will take into account this energy performance of the property.<br/>We would also like to draw your attention to the new requirements regarding the characteristics of decent housing which may have a financial impact on your project (both the value of the property and its rental).<br/>The government is gradually banning “les passoires énergétiques&#8221;, from being rented according to the following schedule*:<br/>As of August 25th, 2022, it is no longer possible to increase the rents of housing classified as &#8220;F&#8221; and &#8220;G&#8221;<br/>As of January 1st, 2023, housing that does not meet the new standards for decent housing, i.e., whose energy consumption estimated by the DPE is greater than 450 kWh/m2 in metropolitan France (corresponding to the &#8220;G&#8221; rating), may no longer be offered for rent (this measure applies to new rental contracts entered into as of January 1st, 2023).<br/>Thereafter, by application of the Climate and Resilience Law, the most energy-intensive housing will be banned from being rented as follows:<br/>From January 1st, 2025: &#8220;G&#8221; rated housing will no longer be available for rent;<br/>As of January 1st, 2028: extension of the ban to &#8220;F&#8221; rated housing<br/>As of January 1st, 2034: extension of the ban to &#8220;E&#8221; rated housing<br/>In addition, in certain situations, tenants will be able to require that their landlord renovate.<br/>Other restrictive measures will also be added:<br/>As of April 1st, 2023, houses and buildings in single ownership** put up for sale with an energy label of F or G will have to first undergo an energy audit by a professional.<br/>If the property is considered not to be efficient, the owner will be obliged to transmit to the future owner the list of works to be carried out so that the property is classified B at least<br/>*According to the provisions published on 01/12/2022 and subject to subsequent changes.<br/>**Are considered in mono properties the buildings held in their totality by a single owner<br/>The renovation of the dwelling can be done step by step in order to reach the B label progressively or entirely.<br/>The audit will then apply to homes classified E from January 1st, 2025, and then to homes classified D from January 1st, 2034.<br/>We invite you to consult the national websites that inform the public of these new rules and particularly for the case of condominiums:</p></div></a></div>



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<p><a href="https://www.service-public.fr/particuliers/vosdroits/F16096">https://www.service-public.fr/particuliers/vosdroits/F16096</a></p>



<p>Moreover, our establishment has solutions adapted to finance your work aiming at improving this DPE note. <em>In addition, we no longer take into consideration the rent received in the calculation of debt for properties classified F and G</em></p>
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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/>THE CONSEQUENCES OF THE NEW ONLINE SERVICE “MANAGE MY PROPERTIES”<br/></h2><p class="kt-blocks-info-box-text"><em>I hope in your next newsletter you will address the topic of the announcement of the French government creating this new declaration to be filled out before the end of June 2023 regarding the use of secondary residences. Indeed, it is important to know how to fill out the form when we use them a couple of times each year. I click through it partially and it asks who is staying there (start/end date). I am tempted to put no end but then I worry that I will be targeted for not having a long-term visa. I am sure this will be a question for all your readers.</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">Thanks for your message and your appreciation of my column. This declaration is for all the properties, primary and secondary residences alike. I believe that this new obligation targets more the non-French fiscal residents and indeed the use of the secondary residence.<br/>Such non-French fiscal residents are only subject to two local taxes when they own property in France:<br/>1. The<em> taxe foncière, </em>which is levied on the owner.<br/>2. The<em> taxe d’habitation, </em>which is paid by whoever uses the place, normally the owner.<br/>The first one is here to stay and could increase to compensate for the phasing out of exclusively the second one on the primary residences of French fiscal residents. Secondary residences, including vacation properties and those owned by non-French fiscal residents, are also seeing their<em> taxe d’habitation,</em> increase a lot to discourage the proliferation of vacation rentals like Airbnbs.<br/>There is no certainty about how the information collected in this new declaration is going to be used. But people who rent out lodgings and do not declare the income to France, as well as those who rent illegally under French law, are going to face difficult times and would be wise to clean up their situation.<br/>Regarding the way you visit France, I hear and respect your worry about being targeted for staying, and maybe overstaying, in France without a long-term visa. It may surprise you to know that an American citizen overstaying in France without adequate immigration status, whether for a few days or a few years, risks virtually nothing by the French police based solely on that issue. So in those terms you have little to worry about this for now.<br/>One reason this risk is so low is that the French tax authorities are only interested in taxable income and currently tax assets almost always related to real estate. So they have no way of knowing your immigration status and they do not care. All they need to know is if you claim to be a French fiscal resident or a foreign one. I must add that the real-estate wealth tax is owed when the real-estate net worth in France reaches the amount of 1.3€ million.<br/>I believe that the other reason is that this is the latest tool to nail illegal rentals. Since you use it for yourself, as long as you can prove you do not receive money for its use by others, nothing can happen to you. This said, think of the discrepancy that will exist if the declaration states an occupation of a few weeks per year and the utility bills show a permanent consumption all year long.<br/>Here is another way to look at this: Your French fiscal residence starts when you spend more than six months per calendar year in France. The question in the new declaration about the length of your stay is focused on this. Under the Schengen rules, you cannot stay more than six months and so you do not risk anything. However, I recall what I wrote in the September 2022 issue about the planned European Travel Information and Authorization System (ETIAS):<br/>“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.<br/>“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.<br/>“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.<br/>“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 the 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.<br/>“People who are applying for or renewing an immigration status do not need to request ETIAS.</p></div></a></div>



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<p><a href="https://www.schengenvisainfo.com/etias">https://www.schengenvisainfo.com/etias</a></p>



<p>Since that was written, full implementation has been delayed once more, to 2024. Should you then stay illegally in France, you could have some serious problems.</p>



<p>Also note that Americans in France can get away with holding the<em>&nbsp;visiteur&nbsp;</em>immigration status and not declare their income to France. The prefecture does not enforce French fiscal rules on them, unlike other nationalities.</p>



<p>I hope that clarifies the issue. People should pay attention to the regulations on ETIAS and online declaration of property use, especially as the former is likely to be implemented not long after the latter. This could change the lives of a lot of people who live “under the radar.”</p>



<p><a href="https://ymlpcl1.net/421d2uequazaewhymapaqebaaajsew/click.php" target="_blank" rel="noreferrer noopener">www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes</a>&nbsp;<br><a href="https://ymlpcl1.net/14927ueqbaiaewhymataqebaaajsew/click.php" target="_blank" rel="noreferrer noopener">www.economie.gouv.fr/obligation-declarative-proprietaires-gerer-biens-immobiliers</a></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>Don’t Let It Bring You Down</title>
		<link>https://www.jeantaquet.com/dont-let-it-bring-you-down/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Feb 2023 07:01:49 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<category><![CDATA[Prefecture]]></category>
		<category><![CDATA[property registration]]></category>
		<category><![CDATA[visa]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2699</guid>

					<description><![CDATA[February 2023&#160; First, I would like to wish you all once again a very happy and prosperous 2023! There is a point at which we need to fill ourselves with optimism, regardless of what is happening around us. Happy New Year! I believe many of us, and probably all of us, think that 2023 must [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><span style="color:#828282" class="color"><em>February 2023&nbsp;</em></span></em></h5>



<p><strong>First, I would like to wish you all once again a very happy and prosperous 2023! There is a point at which we need to fill ourselves with optimism, regardless of what is happening around us.</strong></p>



<p><strong>Happy New Year!</strong></p>



<p><strong>I believe many of us, and probably all of us, think that 2023 must find a way to be better than 2022. For most of us, this will require more faith and less time following the news.</strong></p>



<p><strong>French custom dictates that New Year’s wishes can be expressed until the end of January, so I have managed it a few hours before the deadline.</strong></p>



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<p><strong>Don’t Let It Bring You Down&nbsp;</strong><br>Old man lying by the side of the road<br>With the lorries rolling by<br>Blue moon sinking from the weight of the load<br>And the buildings scrape the sky<br>Cold wind ripping down the alley at dawn<br>And the morning paper flies<br>Dead man lying by the side of the road<br>With the daylight in his eyes<br>Don’t let it bring you down<br>It’s only castles burning<br>Find someone who’s turning<br>And you will come around<br>Blind man running through the light of the night<br>With an answer in his hand<br>Come on down to the river of sight<br>And you can really understand<br>Red lights flashing through the window in the rain<br>Can you hear the sirens moan?&nbsp;<br>White cane lying in a gutter in the lane<br>If you’re walking home alone<br>Don’t let it bring you down<br>It’s only castles burning<br>Find someone who’s turning<br>And you will come around<br>Don’t let it bring you down<br>It’s only castles burning<br>Just find someone who’s turning<br>And you will come around<br>Don’t let it bring you down<br>It’s only castles burning<br>Just find someone who’s turning<br>And you will come around</p>



<p>“Don’t Let It Bring You Down” is the seventh track on Neil Young’s 1970 studio album, After the Gold Rush. It also appeared the following year as the ninth track on 4 Way Street, the third album by Crosby, Stills &amp; Nash, their second as Crosby, Stills, Nash &amp; Young and their first live album – which is the version I know. That album shipped as a gold record and reached No. 1 on the Billboard 200.</p>



<p>I have always been intrigued, amused and impressed that my two children listened non-stop to this album for about a year when they were young teenagers. At the very least, they were raised with good music and lyrics.</p>



<p>After David Crosby’s death last month I had hoped to find a song by him that I knew and liked and whose title I could use. This was as close as I could get. I trust my readers will consider it to be close enough.</p>



<p>Sadly, a long list of things in France and the USA could be linked to this song. I see no point in mentioning them, however. We need a ton of faith to think that 2023 will bring great things and that many things will get fixed. At the same time, I know that with my own faith and determination, this year is going to bring a lot of good things, even though there will be several challenging projects.</p>



<p>The world and our countries would be very different if we never let anything bring us down. As far as I am concerned it is a matter of faith first and then using wise business sense – always in that order. So whenever you need it, remember: “Don’t let it bring you down”!</p>



<p><strong><span style="color:#5182FF" class="color">THE CHOICE OF OFFICIALS THROUGH THE ELECTORAL PROCESS&nbsp;</span></strong><br>“When stupidity is considered patriotism, it is unsafe to be intelligent.” – Isaac Asimov.</p>



<p>When I read this quote, it made me reflect on several instances where some elected officials and members of the executive branch have shown significant flaws in the positions they held. This in turn recalled a topic I mentioned a long time ago, in the November 2018 issue.</p>



<p>During the 2012 presidential campaign, Mitt Romney, the Republican candidate, was heavily criticized by both Democrats and numerous Republicans for speaking fluent French. I have no interest in discussing his political views or his career in general. As a Frenchman in France, I consider the ability to speak several languages as a plus for politicians at any level of responsibility. Here, according to Wikipedia, is how Romney became fluent in French.</p>



<p>“In July 1966, he began a 30-month stint in France as a Mormon missionary, a traditional rite of passage in his family. He arrived in Le Havre, where he shared cramped quarters under meager conditions. &#8230;</p>



<p>Romney soon gained recognition within the mission for the many homes he called on and the repeat visits he was granted. He became a zone leader in Bordeaux in early 1968, and soon thereafter became an assistant to the mission president in Paris. …</p>



<p>When the French expressed opposition to the U.S. role in the Vietnam War, Romney debated them. Those who yelled at him and slammed their doors in his face merely reinforced his resolve.</p>



<p>In June 1968, while in southern France and driving an automobile that was hit by another vehicle, Romney was seriously injured. The crash killed one of his passengers, the wife of the mission president.</p>



<p>Romney then became co-president of a mission that had become demoralized and disorganized after the May 1968 general strike and student uprisings and the car accident. With Romney rallying the others, the mission met its goal of 200 baptisms for the year, the most in a decade. By the end of his stint in December 1968, he was overseeing the work of 175 others. As a result of his experience there, Romney developed a lifelong affection for France and its people and has remained fluent in French.”</p>



<p>This reminded me of the expression “Pardon my French,” which of course I never use. I feel odd every time I hear it. Again from Wikipedia.</p>



<p>“‘Pardon my French’ or ‘Excuse my French’ is a common English language phrase ostensibly disguising profanity as words from the French language. The phrase is uttered in an attempt to excuse the user of profanity, swearing, or curses in the presence of those offended by it, under the pretense of the words being part of a foreign language. Also derived from the attempt to disguise the French term for ‘the seal’ – ’le phoque.’</p>



<p>At least one source suggests that the phrase ‘derives from a literal usage of the exclamation. In the 19th century, when English people used French expressions in conversation they often apologized for it – presumably because many of their listeners (then as now) wouldn’t be familiar with the language’. The definition cites an example from The Lady’s Magazine, 1830.</p>



<p>Bless me, how fat you are grown! – absolutely as round as a ball: – you will soon be as embonpoint (excuse my French) as your poor dear father, the major.”</p>



<p>But back to Mitt Romney, there is now a similar trend in France and several other European countries in the sense that to be elected or nominated for a government position, it is a big advantage to seem close to the people, to look and sound like them. In my view, this goes against the fundamental mission of leadership. I believe it requires impressive knowledge and experience in managing complex situations, as well as being a skilled negotiator. To me, having international experience and a worldview on issues is a must, but I understand why this might not be the case in the USA.</p>



<p><a href="https://wamu.org/story/12/02/10/on_the_trail_romney_avoids_his_french_connection/">www.wamu.org/story/12/02/10/on_the_trail_romney_avoids_his_french_connection</a></p>



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<p><strong><span style="color:#5182FF" class="color">FRENCH TENANTS’ RIGHTS ARE BEING CHALLENGED&nbsp;</span></strong><br>The National Assembly voted on December 2nd, 2022, to approve a law increasing penalties and other consequences of squatting in a property, whether it is someone’s primary or secondary residence. It is now awaiting discussion in the Senate. This is a significant breakthrough, as the bill reduces non-paying tenants’ rights.</p>



<p>Since 1954, the rights of tenants and, more generally, of people occupying a home have increased over the years, building on the concept that all French residents have a legal right to a home. Once someone has established their primary residence one way or another, the law protects this residence. Both the court and administrative procedures, especially combined, are very much against owners. In recent years there had been attempts to regulate these rights but they were marginal and did not help.</p>



<p>Recently the French media has reported situations where people break into someone’s secondary residence. It takes about three years to get them out, on average, and the inside of the house is usually destroyed by then. Another scam that appeared a few years ago and is now quite common involves a crook organizing a break-in at an apartment or a house and getting paid a cash commission, most often by a family who sign a lease that at first glance looks legal. The family then puts the utilities in their name, using the lease. The French courts and police have a very hard time getting such families evicted.</p>



<p>For those who are interested, you review the details of the new legislation here:<br><a href="http://www.vie-publique.fr/loi/287344-proposition-loi-anti-squat-occupation-illicite-des-logements-expulsion">www.vie-publique.fr/loi/287344-proposition-loi-anti-squat-occupation-illicite-des-logements-expulsion</a>.</p>



<p><strong><span style="color:#5182FF" class="color">THE SURVIVAL HOME IN PARIS (SHIP) IS FULLY OPERATIONAL</span></strong><br>The first tenant moved in on January 3rd. As she is a friend of my wife, she got preferential financial treatment in exchange for being the first renter and testing everything for a month. This led to some minor adjustments. The story I like the most is that when I was asked if the kitchen was fully equipped, I said yes. After a trip to IKEA and a receipt totaling 303€ for all that was missing, now the kitchen really is fully equipped! I had a SHIP logo made, so I should soon have the website ready, with pictures and presentation. So far, we already have the studio rented through August 2023.</p>



<p><strong><span style="color:#5182FF" class="color">GOING THROUGH A NATURALIZATION INTERVIEW AT NANTERRE</span></strong><br>In December a client went through an appointment for nationalization at the Nanterre prefecture. Afterward he shared with me the questions asked. Applicants often have a lot of anxiety about these interviews, fearing that they have to know everything about France – especially the culture, literature and history – back to Roman times. This report shows what is being asked.</p>



<p>The topics may differ from interview to interview. The goal of this meeting is less to check the applicant’s knowledge of France than to evaluate their ability to explain and describe a variety of unrelated topics in French, jumping from one to the next. Being able to do this demands a good level of French as well as feeling at ease speaking it. In short, the French administration is not checking the level of French grammar so much as the fluidity and ability to converse the French way.</p>



<p>Here is my client’s report:<br>“She went over my file and all my documents and confirmed everything, asked some questions about my family and where they live, how long my contract will last if I had a CDI.</p>



<p>Why do you want to be French?&nbsp;<br>Do you see yourself in France in 10 years?&nbsp;<br>Are you part of any associations?&nbsp;<br>Do you own property in France or abroad?&nbsp;<br>What are the nationalities of your entourage in France?&nbsp;<br>How often do you visit your home country?&nbsp;<br>Do you still have close ties to your home country?&nbsp;<br>What cities in France have you visited?&nbsp;<br>What river goes through Paris?&nbsp;<br>What river goes through Lyon?&nbsp;<br>What is democracy and what do you think about it?&nbsp;<br>Is voting important to you?&nbsp;<br>Serving on a jury?&nbsp;<br>What is France’s currency? Describe each value.&nbsp;<br>What are the rights and duties of a French citizen?&nbsp;<br>What are the colors of the French flag?&nbsp;<br>What is the symbol of France that is a woman?&nbsp;<br>Describe the events of July 14th and why it’s an important day in French history<br>Describe laïcité and give your opinion of it.&nbsp;<br>What is your opinion of freedom of expression? Does it have a limit?&nbsp;<br>Who is the current prime minister?&nbsp;<br>What is the French healthcare system called? When was it started?&nbsp;<br>Name an important French person in history and why they are remarkable to you<br>Do you think men and women are equal in France?<br>How many countries are in the EU and which country just left?”</p>



<p><strong><span style="color:#5182FF" class="color">A READER REACTS TO THE SONG “WIND OF CHANGE”</span></strong><br>A reader writes, referring to the December issue:<br>“I just had to write you following this month’s column.</p>



<p>To jog your memory, a few years ago I introduced you to the owners of XXX where you helped my American former colleague R. with her status.</p>



<p>You and I met when I first arrived here around 2005 at a talk you gave at the American Church if I recall – and I’ve read every one of your columns since then. I applied for and got my French nationality, with ALL the usual administrative hiccups and after a multi-year process, a few years ago. I can honestly say that without being a reader of your columns, I would have gone mad! However, you armed me very well – and I was able to laugh at some of the administrative inconsistencies and insane requests and soldier on! So, thank you for that. I doubt you often receive such feedback, but you should!</p>



<p>So why this [letter]? “Wind of Change” and the alleged CIA connection. Of course, I have no idea of the truth or not of such things, but I highly encourage you to listen to this podcast series on it. You and I are about the same age and have similar musical tastes, so if nothing else this will take you on a delightful and well-produced stroll down memory lane, I am certain: https://crooked.com/podcast-series/wind-of-change.</p>



<p>Enjoy should you choose to dive in, and no, I have no connection to crooked media but confess to being a regular listener to some of their pods.”</p>



<p>And here is my reply:<br>“Thanks for your message and your appreciation of my column. Indeed, I rarely receive such a nice comment about the help my column carries to people.</p>



<p>I might sound more cynical than I am. An unusual number of readers told me about the CIA creating/composing/drafting the lyrics of this song. Even if it is true, at this point I do not care; singers are not always composers.</p>



<p>What I do know is that the Scorpions performed behind the Iron Curtain, including in today’s Russia. They put their bodies on the line in defiance of Communist regimes.</p>



<p>Whoever wrote it, I care about the band because their lives were and still are affected by the existence of the Iron Curtain and what it meant. That is why I compared the song with “We Shall Overcome.” In the USA the people singing the latter song in the South, while demonstrating and risking their lives, also did not compose the lyrics, but they were living them.</p>



<p>I will just add that if the CIA did indeed write the lyrics, they did a darn good job, catching the spirit of that time very well.</p>



<p><strong><span style="color:#5182FF" class="color">REFUGEES COMING TO FRANCE AND RELATED PROCEDURES&nbsp;</span></strong><br>Pretty much since we moved back to France, I have been helping refugees, usually from anglophone Africa and Asia, often through a few non-profit organizations and local churches. These people can experience serious difficulties securing their immigration at renewal time as well as having a very hard time going through the regulation program, which makes it possible for an undocumented alien to obtain a legal stay. There are also asylum seekers, who face a complex and lengthy procedure.</p>



<p>As soon as I read the first article linked below in the newspaper Le Monde, I decided to share it with my readership. We hear so much about immigration and asylum seekers, but rarely an accurate description of what the procedure is and who the individuals seeking this status are. I was impressed by the neutral and accurate description of what these people go through, who was accepted and who was refused, and why. That is why I share it here, hoping some of you can find a way to have it translated into English, (for example, using the free DeepL translation program, https://www.deepl.com/translator).</p>



<p>As the second article linked below shows, the French government is working once again to pass legislation with significant political motivations. Thus it will result in further chaos concerning types of status the government considers “bad immigration” and will not help with what they deem “good immigration.”</p>



<p>By contrast, when the prefectures started to issue cartes de séjour valid for several years based on simple and clear guidelines, no one in the government mentioned this reform and hardly any major media outlets mentioned the changes. I believe this was the last efficient and positive reform related to immigration. The same is true of the many new online procedures. All those reforms were purely pragmatic, efficient and relatively easy to implement, all things considered.</p>



<p><a href="http://www.lemonde.fr/societe/article/2022/12/29/demandeurs-d-asile-a-montreuil-le-grand-oral-pour-obtenir-le-statut-de-refugie_6155963_3224.html">www.lemonde.fr/societe/article/2022/12/29/demandeurs-d-asile-a-montreuil-le-grand-oral-pour-obtenir-le-statut-de-refugie_6155963_3224.html</a><br><a href="http://www.lemonde.fr/politique/article/2022/12/21/renforcement-de-la-double-peine-titre-de-sejour-pour-les-professions-medicales-le-gouvernement-a-finalise-son-projet-de-loi-sur-l-immigration_6155229_823448.html">www.lemonde.fr/politique/article/2022/12/21/renforcement-de-la-double-peine-titre-de-sejour-pour-les-professions-medicales-le-gouvernement-a-finalise-son-projet-de-loi-sur-l-immigration_6155229_823448.html</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_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/>ISSUES RELATED TO A TENANT’S PROOF OF ADDRESS<br/></h2><p class="kt-blocks-info-box-text"><em>We are a couple of Americans living in California. Normally we never rent out the Parisian apartment we have owned for 15 years in the 15th. A friend of ours asked if we could help his daughter. We signed a one-year furnished contract in mid-December to start on the 1st of January. All the money owed, i.e. one month’s deposit and one month’s rent, appeared in my account early.”</em><br/><em>Then she informed me that she would not be able to be there for the walk-through scheduled on Monday, January 2nd, but it would be done with a friend of hers who lives in Paris. Reluctantly I gave the keys to this man and had the entry walk-through form signed in two copies. I became very worried and upset when I received a copy of the tenant insurance statement of coverage issued in both names.</em><br/><em>I now fear that this person may move in with my tenant. Is there anything I can do?</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 raise an interesting and pertinent legal issue. But you can easily be reassured by contacting your friends and asking about their daughter’s friend and how legitimate the situation is.<br/>French law No. 48-1360 was signed on September 1st, 1948. It was followed by Abbé Pierre’s famous call on the radio on February 1st, 1954, after a bill on housing failed to pass during that extremely cold winter. This led to several laws regulating aspects of rental of both residential and commercial properties. The laws strongly reinforced tenants’ rights, to the point that they pretty much supersede owners’ rights. Not much has changed since then about a property owner’s ability to legally terminate a primary residence lease, no matter how it was drafted.<br/><br/>There are only three legal reasons for the owner to terminate a lease, which must be done by giving six months’ notice in a letter sent by registered mail or delivered by a huissier (bailiff):<br/>1 – The owner, or an immediate family member, is going to move in. <br/>2 – The owner is putting the property up for sale, in which case the tenant has the right of first refusal. <br/>3 – Major wrongdoings are occurring on the property.<br/><br/>This is the legal issue you are faced with. The tenant can prove residence by showing a utility bill or statement, an internet provider bill or a tenant insurance statement dated less than three months previously.<br/>The way to protect yourself is to make sure that neither your tenant nor her friend declares their worldwide income in France, as that would pretty much seal the status of primary residence for them.<br/>Thus, everything boils down to the reassurance you get from your friends, i.e., her parents, and your tenant herself regarding the length of her stay. Remember that the duration mentioned in the lease might not be enforceable as such.<br/>Most likely everything is fine. The explanation could be that the paperwork required for the lease included proof of insurance; if your tenant was not there to purchase the tenant insurance policy, the friend could have signed in her place. In that case, the insurance agent would have met only the friend and thus considered him to be the client since he paid for the premium, which means his name would have to appear on the policy. Ask the friend for the address of his primary residence in France. As long as he has one, the situation is fine, although his name must be removed from the policy, either right away or on the anniversary of the policy if the lease lasts more than a year. This should be easy for your tenant to do once she has moved into the apartment.<br/>In sum, my advice is to assume that these people are acting in good faith.<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/>ASKING FOR A LONG-STAY VISA<br/></h2><p class="kt-blocks-info-box-text"><em>I am an American and I have now scheduled my move to Paris in the early spring. Please let me know what I need to do for the visa. I would like you to describe the procedure and what goes in the file.</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">I need to make several assumptions, as you give few details about your plans. The first concerns the timing: I will assume that early spring is April, so I will answer with that in mind.<br/>You say nothing about the type of immigration status you plan to ask for, but I assume it is visiteur since, in my experience, people know exactly what status they are asking for in all other cases, as the latter require significant documents specific to a given status. Each situation is obvious depending on the applicant’s reason for wanting to be in France – as a student, an employee, an artist, a merchant, being with their spouse, and so on.<br/>To explain coherently, I might repeat a few things to give an overall picture of the procedure from the beginning up to when you walk out of the medical facility at the French Office for Immigration and Integration (OFII) with a statement of good standing. So I am dividing my answer into three parts.<br/>1 – Detailing the file, and by extension what you need to prove and how to get the right visa<br/>2 – Describing the procedure in the USA<br/>3 – Describing the procedure in France.<br/><br/>1 – What goes in the file and why<br/>Always remember that you must prove three things in the French way:<br/>Your financial means<br/>Your French address<br/>Your “French” health coverage, i.e., a policy covering you while you are in France.<br/><br/>Here is what you need in the file:<br/>Passport<br/>Proof of address in the USA, e.g., a driver’s license (not critical)<br/>Birth certificate, which will need to be officially translated at some point during the procedure that ends with the OFII appointment. However, with the new online procedure, the prefecture does not request a birth certificate.<br/>Health insurance valid in France, including provisions for repatriation; to make it simple, purchase a one-year “Schengen compliant” policy.<br/>Proof of address in France (can be a lease and rent receipt, as well as a complete affidavit of lodging)<br/>Your last three US bank statements, from your normal checking account<br/>A statement from any account showing that you have at least $22,000 to prove you have the means to spend a year in France without working here; can be savings/retirement, a pension/trust, or records of receipt of royalties, rental money, etc.<br/>Your last 1040 form, which proves what kind of income you have if you rely on unearned income to qualify.<br/><br/>2 – The procedure in the USA<br/>It starts by dealing with websites: first, France Visa, and then VFS Global.<br/>a) France Visa is the French administration site where you detail everything about your plan. It is more or less in the format of the old paper form, so it might be wise to fill out the paper version if you can find it over the internet, before getting on the website, because once the web form is filled out, it cannot be changed. The key thing is not to make any errors, since in that case you have to erase the entire file once it is confirmed and redo the entire operation.<br/>The immigration status you want is “visiteur/visitor.” This wording confuses a lot of people but just remember that at the end of the procedure you will have become a French immigrant, not a visitor, i.e., tourist, in the usual sense. So just ignore the name of the status. If anyone had ever asked my opinion, I would have called it “miscellaneous” in English. It has subcategories that have little coherence, unlike the other statuses’ subcategories, whose names are compatible with their content. This is another issue I am sure I will never have a chance to discuss with the French administration.<br/>One critical thing in filling out this form is to state that you intend to stay more than one year in France so as to make this visa a visa de long séjour valant titre de séjour (VLS-TS), i.e., a long-stay visa granting immigration ID.<br/>You can ask for this visa up to three months before flying to France. I advise setting the appointment to request the visa for no less than three weeks before you leave, as things can go wrong and you will need to deal directly with the consulate to fix any problems. The standard time frame is about a week, and generally no more than ten working days between the day of the appointment and when you get your passport back with the green stamp and immigration visa in it.<br/>b) VFS Global is a subcontractor of the French administration that schedules the appointment and receives the physical paper file. On its website you will fill out roughly the same file before you get to the schedule where you pick your appointment. Unfortunately, in general you should not trust what the people at VFS Global tell you. In the old days, the applicant met with employees of the local French consulate, who were professionals and able to do the job.<br/><br/>3 – The procedure in France<br/>Once you arrive in France, you need to record your visa and your arrival on the “étrangers en France”website at https://administration-etrangers-en-france.interieur.gouv.fr. The website will then give you an ID number, which you will keep during your entire stay. The procedure is simple. The site asks for PDF copies of your passport’s ID page, the visa and, ideally, the page that was stamped when you entered France. The procedure currently costs 200€, which you pay with a tax stamp (timbre fiscal); there is a link to the tax office website where you can easily buy the stamp with a credit card.<br/>At the moment, nothing else is asked for, which means you declare your French address without having to prove you live there. This triggers a physical exam done by the OFII branch of the département where you are staying. As it happens, the Paris medical OFII office is in the suburb of Malakoff, i.e., outside Paris! The medical visit will be scheduled whenever they decide. It is nearly impossible to estimate how long it will take to get the appointment.</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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