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

“When I’m Sixty-Four”

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

You’ll be older too
And if you say the word
I could stay with you

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

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

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

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

Yesterday I turned 64.

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

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

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

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

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

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

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

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

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

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

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

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

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

Here is a translation of the memo from URSSAF:
“Understanding the calculation of your contributions following your tax returnhttps://info.urssaf.fr/l/6521/500199940/22016/106423/294868/11f8de51

Between April and June, you declare your 2022 income on impots.gouv.fr. As soon as your declaration has been validated, the tax authorities forward it to URSSAF.

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

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

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

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.

Wikipedia
Louis XI (3 July 1423 – 30 August 1483), called “Louis the Prudent” (French: le Prudent), was King of France from 1461 to 1483. He succeeded his father, Charles VII.

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

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

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

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

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

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

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

https://en.wikipedia.org/wiki/Louis_XI

OFFICE CLOSED FOR SUMMER VACATION 
The office will be closed for six weeks over the summer holidays, starting on Friday, July 7th, in the evening and reopening on the morning of Monday, August 21st. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Unlike in recent years, I will be in the USA from July 19th to August 3rd. Of course, Sarah or I will honor the prefecture meetings already scheduled, as well as a couple of other engagements. It is also possible that my daughter, Lucille, will handle some situations as she is getting more and more involved in my business.

I would like to remind everyone there will be no August issue.

Best regards,

QUESTION

THE QUESTION OF CUSTODY IN FRENCH DIVORCES

I have been married to a Frenchman for several years now and I recently filed for divorce in France. I want to move back to the USA with my children as quickly as possible as I have professionally and personally no future in France. We just had the first hearing and the judge decided that we all must stay as it would be best for my children if they lived in France. This is scary as heck! I am now a prisoner of France. This should be illegal.

QUESTION

SHOULD YOU RENEW YOUR CARTE DE SÉJOUR OR ASK FOR A CARTE DE RÉSIDENT?

I got a passeport talent visa in the USA and moved to France during the summer of 2019. The visa lasted one year and I got a carte de séjour as a performing musician, which was valid for four years. It will expire in June 2024, My family and I are still living here and we are doing well. As the first request demanded a lot of documents about my career, I would like to know as soon as possible what the necessary steps are to apply for a renewal.

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

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

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

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

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

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

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

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

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

PREFECTURES HAVE REOPENED, COPING WITH THE PANDEMIC 
So much has changed in terms of what is happening with prefectures that I could devote a full issue to the topic. The best I can do here is highlight the most striking developments and urge people to do research when they need more information.

1. Some cartes de séjour are now sent by registered post
A very long time ago this used to be something that happened in a few tinydépartements. Today the Paris prefecture is sending some cartes de séjour this way to decrease the number of people going inside the prefecture. The client who told me about this had renewed a carte de résident.

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

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

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

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

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

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

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

1. The carte de séjour expired during lockdown
The extension means the expiration date is now exactly six months later. The foreigner should ask for an appointment to renew the card two to three months before the new expiration date.

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

3. The récépissé obtained after the appointment to get the carte de séjour expired during lockdown
Either the carte de séjour is sent by mail or the prefecture sends a text message or an email scheduling a new appointment to pick it up.

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

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

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

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

HOW THE PANDEMIC AFFECTS SCHEDULING OF CO-OWNER MEETINGS
I mentioned in the May 2020 issue that property co-owners’ general meetings could be postponed until after June 30 since the law requires them to be held within six months after the closing of the books. This initial move was meant to gain time until a more definitive decision could be made.

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

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

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

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

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

SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 17th to AUGUST 24th 
The office will be closed for one month, starting Friday, July 19th, and will reopen on Monday, August 24th. As always, I will be reachable by e-mail for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.

MY MINOR FEES WILL INCREASE ON SEPTEMBER 1st, 2020
Handling mail in my office: 40 euros per month
Handling mail received at my home: 50 euros per month
Surcharge for out-of-the-office meetings: 60 euros which corresponds to less than 30 minutes’ transportation
Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend and during national French holidays and vacations: 30%

I would like to remind everyone that there will be no August issue.

Best regards,

QUESTION

WHAT PROFESSION SHOULD BE MENTIONED ON THE URSSAF REGISTRATION?

I am an American and my carte de séjour does not allow me to work in France since it is a visiteur one. I have decided to become self-employed in France and I have tried to fill in the form online to become an auto-entrepreneur following what I thought was basic logic. I have been very conservative in my projections, as I do not know if this freelance business will be successful or not, especially with French companies as my clients. I made some assumptions, detailed below:
1. I have multiplied my monthly projection by 9 months instead of 12 to account for France’s many holidays.
2. I want to declare only the jobs in which I am known as a professional since the prefecture can question me about my expertise.
3. I have chosen to charge low fees and even flat low fees. I am also projecting working few hours as I want to be conservative and therefore credible.
Therefore, I do not want to claim that I will be teaching & working in educational fields (language, culture, writing). I was told to systematically put that in. I am not a teacher and was never one in the USA. I hold no degree remotely linked to teaching or English literature and therefore I do not see how I can claim to be a professional teacher in France. I want to focus on the services I offer as a solid professional. Do you agree?

QUESTION

WHICH VISA TO CHOOSE WHEN THE SPOUSE IS ALREADY IN FRANCE?

We are both Americans and my husband already lives and works in France. My employer has a subsidiary in France so they want to send me there as an employee of their French company, holding a visa as a salarié en mission – expat profile, and therefore for a short-term assignment. I am afraid the French administration will find out my husband lives in France and think it is a scam. They could deny the request for such a visa since the mission should actually last a couple of years or more. Indeed I would have lived with him long enough that I would be able to stay exclusively on marriage and living together. I know they will see this as fraud. I believe there is a much better chance of success if the company asks on my behalf for a shorter term immigration status, maybe a year or even less. This way I can go through the procedure called regroupement familial while staying in France. I believe my employer can sponsor the renewal of my passeport talent expat status while we go through a family reunification procedure. Do you think it is the best solution?

From Wikipedia
“ The Wall is the eleventh studio album by English rock band Pink Floyd, released 30 November 1979. It is a rock opera that explores Pink, a jaded rock star whose eventual self-imposed isolation from society is symbolized by a wall.”

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

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

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

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

THE 30th ANNIVERSARY OF THE TEARING DOWN OF THE BERLIN WALL 
From Wikipedia
The Berlin Wall was a guarded concrete barrier that physically and ideologically divided Berlin from 1961 to 1989. Construction of the Wall was commenced by the German Democratic Republic on 13 August 1961…. After several weeks of civil unrest, the East German government announced on 9 November 1989 that all GDR citizens could visit West Germany and West Berlin, ultimately resulting in the demise of the Wall.

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

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

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

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

I did not plan the coincidence between this anniversary that so many have been celebrating, and receiving the following testimony. It truly feels like I have come full circle regarding the topic of refugees, undocumented aliens, and immigrants struggling all their lives in their new countries. So this is a story about the Iron Curtain/Wall as it was called then – about refugees fleeing for their lives and managing to get to a Western country alive. I first met such a person, an American citizen, as a client about 20 years ago. We have stayed in contact on and off, as he has continued giving me small tasks to do. Given his name, I suspected Eastern European origin or descent. Until I received this email, I did not know anything about this.

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

TESTIMONY – “I FLED MY COMMUNIST COUNTRY”
An excellent discussion of the rights to residency and the rights of « sans papiers », about whom most of us know very little, and even that filtered through the eyes of the media. Your objective view of such situations impresses me quite often when reading your newsletter; the fact that you are helping similar situations gives your answers the sense of « du vécu » and lends them humanity.

I was never a « sans papier », but I got out of my country as a stateless person, an « apatride », which was a kind of polite term for « political refugees » used at the time by communist regimes; as one who was never involved in politics I couldn’t be called a « political refugee ». « Apatride» probably seemed a safer choice. To this day I get panicked whenever I have to deal with “official papers”, so I can only imagine what it might be to live for years without papers.

FROM THE DEFUNCT IRON CURTAIN TO THE 2019 AMERICAN CONGRESS 
I just want to add something about this testimony. All the networks in the USA are fixated with just one word: “Ukraine”. The entire political spectrum is talking about this nation, which was one of those countries under Communist Party rule, as it was located behind the “Iron Curtain”. Such rulers were taking orders directly from Moscow. This is why they were dictatorships that were about as bloody and inhumane as the USSR in those days. After the Wall disappeared, all such Eastern European countries wanted to be linked to Western Europe, which they had been part of for centuries, and at the same time they feared that Russia would continue its control over their countries. Their economic dependence – specifically, their dependence on oil and gas energy – that built up during those decades was at first enough to cripple their desire for independence. The most Western of them quickly joined the EU, including Poland, former Czechoslovakia, and Hungary. Today the EU is reaching out to countries that share a border with Russia. Two things must be said here. These countries historically have had very weak ties with Western Europe. Russia, then the USSR, and finally Russia again, has always considered them to be within its zone of influence, a buffer zone protecting them from an invasion from the West, such as the Napoleonic campaign that conquered Moscow, together with WWII and the German invasion, to mention the modern Russian era. This Russian fear of Western Europe countries is therefore many centuries old.

This is maybe a controversial comparison. I believe that one can measure the fear induced by such a change as similar to the fear growing today regarding Ukraine’s desire to be Western and part of NATO. I see this as similar to the crisis in the Kennedy era with nuclear missiles being installed in Cuba, so close to the USA. This is the historical and the cultural explanation for why Russia is trying absolutely everything it can to keep Ukraine within its influence, including a military invasion of the Ukrainian provinces of Crimea and Donbass, and being constantly present in its political life with pro-Russian political parties. The pro-Western parties are crucially counting on Western and specifically American foreign policy to help their country free itself from the Russian influence it has been under for about 75 years.

The rest is American politics and I stay away from it. I have not heard this historical and cultural explanation expressed by any American networks. Viewed from the USA, this Russian visceral fear of an invasion, and the absolute need to protect its immense territory, can be seen as unreasonable and artificial. I believe that to get an in-depth understanding of this Russian “trauma under siege” one should study the Battle of Stalingrad during WWII and attempt to understand the influence of the Russian iconic image of these Soviet soldiers heroically defending each building from the German Army with close to no logistical support in order to allow the final victory to happen. This victory came with the entire 6th German Army being taken prisoner. Occasionally I re-study it, sometimes from the perspective of military strategy, sometimes from an historical and political point of view. The narrative is that the entire nation was ready for the ultimate sacrifice to protect what they call “the Mother country.”

AN INTERESTING RESPONSE TO MY NOVEMBER ISSUE
Less than a day after sending my November 2019 issue, I receive this email as it is copied-pasted: “On 1 Nov 2019, at 00:17, this person wrote:

”I’ll be aroun’ in the dark. I’ll be everywhere-wherever you look. Wherever there is a fight so hungry people can eat, I’ll be there. Wherever there is a cop beatin’ up a guy, I’ll be there…I’ll be in the way kids laugh when they’re hungry and they know supper’s ready. An’ when our folk eat the stuff they raise an’ live in the houses they build—why, I’ll be there.”

So it looked familiar but I could not place it and there were no references that I could use in the message. So I did some research and found this.

https://www.goodreads.com/quotes/7444096-i-ll-be-all-around-in-the-dark-i-ll-be
And this is how I found the exact quote from the novel “The Grapes of Wrath”

“I’ll be all around in the dark – I’ll be everywhere. Wherever you can look – wherever there’s a fight, so hungry people can eat, I’ll be there. Wherever there’s a cop beatin’ up a guy, I’ll be there. I’ll be in the way guys yell when they’re mad. I’ll be in the way kids laugh when they’re hungry and they know supper’s ready, and when the people are eatin’ the stuff they raise and livin’ in the houses they build – I’ll be there, too.”

As a matter of a fact, I could have used a lot more than just the title to express this analysis. I immediately and sincerely thanked this reader who is a true fan of Steinbeck as well as of the movie on this book made by John Ford and released in 1940.

HOW CAN THERE BE A FRENCH BLACK FRIDAY?
I have already been writing about this for the last two years, and this year is even worse in terms of the advertisements. The novelty this year is that local shops are promoting their special sale on Black Friday and not just the major retail chains. At this point, I am no longer amused that some French outlets are promoting Black Friday week. It was somewhat cute last year when it showed up for the first time, documenting in this way their complete ignorance of what they are promoting. Alongside the wishes of many to get rid of Columbus Day, I like the fact that the narrative of Native Americans is increasingly being heard regarding both celebrations.

I AM THE SPEAKER FOR ANGLOPRENEURS ON DECEMBER 17th 
At the AAWE event, Patricia Smith Zraidi who runs the Anglopreneurs’ Monthly Evening Event asked me to be the speaker for the Tuesday, December 17, 2019 event. It starts at 7 PM until 10 PM and is held at: HD Diner Opéra (downstairs), 25 Bvd des Italiens, 75002 Paris. For more information check the page https://www.facebook.com/groups/anglopreneurs/

OFFICE CLOSED FOR CHRISTMAS
The office will close for three weeks over the Christmas holidays, starting on Friday December 20th in the evening and reopening on the morning of Monday January 6th. 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.

Best regards,

QUESTION

DIVORCE AND COMMUNAL BANK LOANS

I was married to a French woman and we moved to Lyon, France in 2015 and I completed the full-time MBA in 2017. I partially funded my studies with a student loan with a French bank, which required my in-laws to co-sign, and I took the insurance covering the cost of the loan should I be unemployed.
My wife and I ended up with an “amicable” divorce and I have been on my own trying to secure my immigration in France. I was on a spouse’s visa and not a student one. In 2017 I started working and now have a work permit from Belgium. My French bank requested proof of income and residence when I informed them of this change.
At the time of the divorce the bank refused to separate our joint loan account. It did not matter as I was making all loan payments.
In 2019 I lost my job and qualified for Belgian unemployment subsidies; I managed to continue paying my loan. Later on I lost my Belgian immigration status and therefore all Belgian social rights including unemployment subsidies. I then notified my French bank that I wanted to reinstate my unemployment insurance, which was refused on the grounds that I did not live or work in France and was therefore not entitled to coverage. I paid my loan payments and I was never told that the unemployment insurance was void once I lived out of France. The bank is now going after my ex-wife and my former in-laws while I am still charged for the insurance.
I feel that this situation is unfair and that I can perhaps at least have the insurance payments stopped and refunded so I can cover loan expenses while looking for a job. How I can best handle this? As far as I am concerned this is plain robbery!

QUESTION

MY RIGHTS AS THE OWNER OF A PARISIAN APARTMENT IN A SO-CALLED COPROPRIETE

I have been looking to buy an apartment in Paris. The wording of those ads is totally cryptic to me even though I am fluent in French otherwise! For example I see this wording on some properties that look interesting. What does “co-ownership” actually mean?
“To visit Co-ownership of 42 lots (No procedure in progress). Annual charges: 1587.00 euros.”

The Times They Are a-Changin’ was the third studio album by American singer-songwriter Bob Dylan, released on January 13th, 1964.

While drafting this issue, I realized that neither of my children knew the album’s title song, even though they listened to some folk music, such as Crosby, Stills, Nash & Young, when they were teenagers. I must have missed something in their education. History never repeats itself exactly, however it can be possible to make some comparisons. Not since the 1960s has the USA had public demonstrations of such size and frequency as we have seen in recent months. In both cases, the demonstrations are against federal government police – in those days, for civil rights and against the Vietnam war. Dylan, as early as 1964, captured this massive wave of change, which was growing in momentum.

Today, people also express themselves in “town hall” meetings with their congressional representatives. The discussions are mainly about healthcare coverage. Aside from the question “Is this the right policy for the USA?”, it seems to me that this song captures the spirit of what is going on today, both the major changes the federal government is trying to make and the sizable expression of people wanting things to be different.

It does not take a crystal ball to see that France, with its newly elected president, is also headed toward a time of major change and major resistance. That does not mean the two countries’ presidents are alike, just that they are adopting some radical policies.

On a much lower level, someone living abroad needs to change big time to fit into their new country, and adjusting to France is no exception. Aside from expats who stay in France for only a few years and barely mingle with French society, foreigners who move to France on their own are often on a soul-searching quest, even if it is a minor one. It may be an escape from personal trauma, though always presented in a positive way, such as, “I love France and the opportunity to learn something new.”

It is absolutely true that undertaking immigration on one’s own is a lifelong learning experience. That does not negate my observation; it may even explain why someone would be interested in cutting ties with home to wander in a country of which they know very little, regardless of how often they visited on vacation. As one of my clients recently admitted, he never expected such a radical change in his life – he thought he knew France. He could have sung “The Times They Are a-Changin’ ”; he was of my generation and would have known the song.

MY SUMMER VACATION: THE OFFICE IS CLOSED IN JUNE
The office will be closed for less than two weeks starting Thursday, June 8th, reopening on Wednesday, June 21st. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. This time I am leaving France and email will be the only way to reach me in my absence.

THE RESULTS OF THE FRENCH PRESIDENTIAL ELECTION
Emmanuel Macron was elected by a large margin and this is good news. But just about everything else is bad news, looking at the details of the results of this election. I would like to review these disturbing figures.

First, the share of spoiled or unmarked ballots topped almost 12%, which was unheard of. It means a large fraction of French voters could not decide between Mr. Macron and Marine Le Pen, and wanted this to be known. It sends a powerful message when people take the time to go vote knowing their votes will not be valid.

Furthermore, about 25% of registered voters did not go to the polls. Except in places where voting is mandatory, there are always people who do not vote. Usually more people vote in the second round than in the first one. This time, it was the other way around, and the non-voting rate was high for France for the second round of a presidential election. That alone is quite troubling, regardless of people’s reasons for staying away.

Many people add those two figures and state that Mr. Macron came first, angry people came second with 37%, and Ms. Le Pen came third. Of course, the official results do not say that. Still, the point is valid.

I believe that overlooking this striking outcome would be a serious mistake. People had to be really angry to behave this way. Also, there were many sizable demonstrations on election day, with considerable violence. This, too, is almost unheard of: generally people rejoice, since the majority wins and minority voters lick their wounds in silence. It is difficult to know why people were so angry that they immediately took to the streets. It is clear that all this, when added to the share of the vote that Ms. Le Pen received, indicates that in fact a majority of French voters are unhappy.

To conclude, I would like to point out where the word “republic” comes from:
Res = in Latin means things
Publica = in Latin means common good of the people.

The very root of the idea is that the republic is intended to protect the common good of the people – understood as meaning everyone. This is true for both the USA and France. We have recently seen two presidential elections that ended up with two very different results. In both cases, a large share of the people were and are angry.

This cannot be ignored.

THE NEWLY ELECTED FRENCH PRESIDENT, MR. MACRON
Normally I would be quite cynical about a newly elected president, expecting him to forget overnight half the promises he was elected on and have a think tank come up with ways to minimize the changes derived from the other half. Everybody stated, in both in France and the USA, that a new era had started with a new president.

A few things are worth mentioning, however, even though President Macron has held this position for only a short period.

On Facebook and elsewhere, I saw the following meme: “This is the first time in history that the French president will speak better English than the American president.”

I am not qualified to evaluate and compare their mastery of the English language. But whether the meme is true or false, it is worth noticing. People used to joke, “Who is worse than Americans at learning a foreign language? The French!” For along time there was some truth in that. But things have changed in France, without really making headlines anywhere.

On May 15th 2012, Jean-Marc Ayrault became the French prime minister. He was also a certified German teacher at high school and university level. I do not believe he ever had a chance to solidify his relationship with Germany, but here was a bilingual person leading the French government. I saw this as a hint that it was time for a change.

About 25 years ago, the best business schools in France started to offer curriculums almost entirely in English, usually with native English speakers as teachers. Slowly but surely, this has changed the profile of French economic leaders, especially those holding CEO positions.

On September 1st, 2008, Mr. Macron started to work for Rothschild & Cie Banque, with a specialty in multinational mergers and acquisitions. At that level in the global business world, everything is done in English. Year after year, deal after deal, he must have mastered English really well to be good at his job. This gives a hint of his level.

This is no joke: I have heard him saying in both French and English that Americans are welcome in France because a new era of entrepreneurship has started here. His ability to make this comment and not be seen by the public and the media as a laughing stock says a lot about how credible his statement is. Perhaps only a handful of Americans will respond positively to the invitation, but there is one thing I am sure of: the new president will welcome immigrants. In particular, I can envisage the passeport talent status growing, applying to more situations and becoming easier to obtain. Making France a land of business opportunities to challenge the USA is certainly wishful thinking, and unlikely to happen in my lifetime. Striving for it, though, and implementing policies to make it possible, is his vision, as his track record shows.

What was initially called the Macron law, but which ended up being watered down and called the El Khomri law, was passed on August 8th, 2016, to deal mainly with French labor laws. Even after the law was passed, the result is such a complex situation that I believe both parties, employer and employee, are entangled in an unhealthy relationship. The fact that the situation is biased in favor of the employee while trying to help businesses create more jobs makes the situation even more schizophrenic. I have no idea if Mr. Macron has found a solution for the problem. I know a majority of the French people would disagree, but I think shaking this situation all the way down to its roots is better than leaving it as it is. If he succeeds, it will be a big step in the direction of making France a land of business opportunities.

One last comment on this topic: The Rothschild bank is not like Goldman Sachs, especially regarding their respective histories. The Rothschild family business blossomed in 1760 in England and in Frankfurt (Germany), which led to the creation of family banks in England, France, Germany, Austria and Italy. Georges Pompidou, the French president from 1969 to 1974 and before that prime minister, worked at Rothschild bank from 1954 to 1957 as the closest advisor to Guy Rothschild, CEO of the bank. Like his predecessor, Charles de Gaulle, President Pompidou was adamant that bankers would never dictate the policy of France, that the government runs France. Forty years later, so much has changed; is any of this still valid? I believe it is. Going back to this way of running the country would for sure be a major and very drastic change.

FOREIGNERS GETTING PACSed IN FRANCE
France and many other countries have an alternative status to marriage. The French one is called PACS, which stands for pacte civil de solidarité. The law creating it was passed on October 13th 1999, and the status is still quite popular. The intent was to offer an alternative to marriage for same sex couples. In 2015, there were 188 947 PACS unions for 236 316 weddings. Homosexual couples accounted for 3.71% of the PACS cases. Everybody in France considers PACS as a real alternative to marriage. Soon there could be as many PACS unions as there are marriages.

Many foreigners get “PACSed” in France, as there is no need to be French. Foreigners are asked to produce a legal opinion (certificate de coutume) that they have the legal right to get PACSed in their home country or countries, and a certificate that they are single (attestation de celibate). Many embassies in Paris are now equipped to respond to demands for documents from the French administration when it comes to a wedding, as all countries recognizes the legal status of marriage. But relatively few have a status equivalent to the PACS, which creates some confusion. Either the embassy states that it cannot provide the certificate de coutume because nothing similar exists, or it addresses the PACS more or less as a business partnership, totally missing the point.

However, the purpose of the two documents is exactly the same for a PACS as for a wedding. Therefore, the solution is, when asking for the documents, to state that it is for a wedding; the fact that occasionally the certificates state that they are for the celebration of a wedding does not disqualify them for a PACS. Some embassies have very strict guidelines and will only issue the documents when the couple has already registered with the city hall and started the process. Thus you can go to your local city hall and state that you are interested in getting married. You then get the kit from the city hall to prepare for the wedding, and later show it to the embassy to get the required certificates.

This might seem like deceiving the authorities of both countries. I see it merely as handling a situation where what is asked for does not exist in one country, and finding a substitute. Since both statuses are very close in France in terms of rights and obligations, I do not see this as being deceitful, especially since the Tribunal d’Instance accepts the documents drafted for marriages without any problem.

Being a foreigner often means being creative in order to get things done, since very little fits naturally between the two countries.

Best regards,

QUESTION

SPLITTING ASSETS AND DEBTS AFTER A DIVORCE DECREE

After living in France for over ten years and being married for just about as long, I finally asked for a divorce. I left my husband several years ago on the excuse that I got a good job in another city and the daily commute would be insane. So it was a mutually agreed divorce, requête conjointe, and I agreed on everything just to get rid of him.
The procedure took over a year, and now I hate myself for having done this. He was not working and used my money in the joint bank account to enjoy himself while I was earning this money working hard. Also I did not say anything about his affairs in France and in my country.
I would like him to pay me about 40,000€, which is what I consider to be the most obvious and fully documented theft he committed against me. My lawyer says it is impossible, the divorce decree is final and all I can do is to split the community property we have, i.e. all that I earned alone will be split in two, which is adding insult to injury. I cannot accept that. Is there any way I can salvage some of my stuff without sharing with him?

QUESTION

MULTIYEAR CARTES DE SEJOUR: THE SITUATION CHANGES

I came to France as a student for one year on the exchange program with my American university. At that time, I started to date a Frenchman. After several years of trying to stay and overstaying my tourist visa, I managed to get PACSed to a Frenchman with a lot of complications and even a harder time at the prefecture. I now hold a family carte de séjour for one year. The woman at the prefecture told me that I would get a two-year card upon renewing it. We are getting married just one month before the appointment to renew my card and I just learned that this card again would only be good for one year. I do not understand how this is possible. I though that marriage was stronger than PACS. I am sure that the prefecture gave me the wrong answer but they keep saying the same thing. That makes me very angry.

No Protection (1987) is the second album by Starship, the band that came after Jefferson Starship and Jefferson Airplane, all three of which were led by the singer Grace Slick. Many of the issues I address this month deal with maintaining, providing or diminishing protection for people. One twist, especially in France, is that once the law favors one party, the other is exposed to greater risk. France has insisted for centuries that the law must be fair, which means providing for “unequal treatment”. The logic here is that the underdog must be protected and helped. The recently proposed labor law (loi travail) submitted by Labor Minister Ms. Myriam El Khomri would take away a lot of what is seen as protection for employees; as a result, a lot of demonstrations and strikes have been happening all over France. Nearly everybody agrees that the old way of addressing the situations where there is built-in inequality must be changed, but there is a lot of disagreement as to how it should be changed..

Even French divorce law, which seemed to be widely accepted, is now being criticized in the media, mainly for reasons I will explain below. Interestingly, and in a purely French way, changes that occurred decades ago in other Western countries could now definitively take place in France. This is being done by a liberal government led by Mr. François Hollande, a member of the Socialist Party. If one can see past the current demonstrations, violence and name calling, this is a very interesting time for France.

By the way, the weeks of “Nuit Debout” sit-in demonstrations at the Place de la République also show a desire to change, but in quite the opposite way.

Whether to maintain protection or reduce it, as well as whom to protect, is a very hot topic right now.

BREAKTHROUGH REGARDING DIVORCE IN FRANCE
Divorce has been possible without proving fault since the passage on July 11th 1975 of a law mostly drafted by the legal scholar Jean Carbonnier, which made the judge the cornerstone of the proceedings so as to ensure the fairness of the divorce.

There are four types of divorce proceedings, whose interpretations have changed over the years but which have pretty much kept the same name and logic.

• 1. Le consentement mutuel is a mutually agreed upon divorce, in which the couple is in agreement on all issues needed to divorce.
• 2. La demande acceptée, now called le divorce pour acceptation du principe de la rupture du mariage, means the couple agrees on at least one thing, the fondamental decision to divorce.
• 3. La rupture de la vie commune, now called le divorce pour altération définitive du lien conjugal,indicates that the couple no longer live together and have not for a number of years (formerly seven, now two years).
• 4. Le divorce pour faute used to entail any breach of the legal obligations within a marriage but now the grounds are limited to violence and various forms of coercion resulting in one spouse being truly scared of the other.

In all of these proceedings, the judge is seen as the person making sure each spouse fairly shares both rights and responsibilities. In consentement mutuel (mutual agreement) proceedings, the judge’s role is to make sure that the agreement is fair and that neither spouse has been threatened to obtain the desired result.

On May 4th, however, the Chambre des Députés, the French equivalent of the House of Representatives, approved a provision in a judicial reform bill that would give notaires the responsibility of reviewing and recording mutually agreed divorces, instead of having the judge hear and rule on the case. This means the deputies believe the chances of coercion of a spouse are no longer of much concern. On this topic, I could write a lot about recent immigrants to France who are not yet integrated into French culture, so I disagree with the assumption that the risk is negligible and believe it should still be taken into consideration.

From what I understand of the vote, notaires, acting as neutral professionals, will determine if the split of assets and debts is fair, as well as the sharing of responsibilities regarding alimony, child support, visitation rights and so on. If they see any discrepancies, however, they cannot rule, since their involvement is purely to register divorces. We will see how often such proceedings work with only a notaire, and how often a judge will have to get involved and rule on certain issues. Also, a minor child can ask to be heard by a judge in mutual-agreement proceedings.

The couple can always go to a judge if they realize they were not in as complete agreement as needed and they cannot reconcile their views.

The reasons given by the government for the change are to make divorce cheaper (50€ is the recommended cost of the registration) and to clear crowded family court dockets of this type of proceeding. In much of France, mutual-agreement divorces constitute a majority of divorce decisions; they account for over 60% of Parisian divorces, for example. Clearly it would benefit the court system to be able to restrict its business to family cases that really need a judge’s attention.

The lower cost may be illusory, as notaire proceedings will require each spouse to have a lawyer; before, a couple who managed to agree on everything could get a divorce with just one lawyer.

One small detail that could complicate matters, even though it looks like the people will be saving a lot of money, is that notaires have their own jargon and way of thinking, which lawyers readily understand but which can be very puzzling for French laypeople, and even more so for foreigners. In family courts especially, the judges are often women. Generally the judge met with both spouses, together and then individually, making sure they agreed with the contents of the document drafted by the lawyer. These three meetings are mainly intended to make sure the wife is not being coerced into the divorce and is not renouncing her rights. Today it is possible that men could be coerced through blackmail into an unfair agreement. In most people’s experience, judges use plain language and couples rarely complain of trouble understanding what the judge says. The way notaires work in France is evolving towards more client service, including being better understood. But it remains to be seen if they will do as well as judges with this task. It is far from certain, since thus far in the legislative process, the three meetings have not been mentioned.

I just hope the use of the new proceedings will be for the best and notaires will be strong enough to refuse to register an agreement where the wife or husband gives up their rights to everything and states that they are fully OK with it. I also hope they will be wise enough to understand that some people may need clarification concerning the process, the consequences and the implications for both parties.

http://abonnes.lemonde.fr/police-justice/article/2016/05/05/le-divorce-par-consentement-mutuel-sans-juge-vote-par-les-deputes-en-commission_4914097_1653578.htmlhttp://www.lefigaro.fr/actualite-france/2015/07/11/01016-20150711ARTFIG00128-en-quarante-ans-le-divorce-par-consentement-mutuel-n-a-pas-conquis-toute-la-france.php

MOST WIVES IN FRANCE NOW HAVE A HIGHER EDUCATION THAN THEIR SPOUSES
Until the 1960s, men in France tended to marry women of low education; it was assumed in those days that higher education and being a good wife at home were not compatible. This belief was common among men born before WWII.

France continues to be a patriarchal society, therefore it is still harder for women to get a job than men; in addition, they continue to be paid less, by 19% on average. Studying longer is seen as a way to offset these two obstacles, and consequently today in a majority of couples in France, the woman has a university diploma. Meanwhile, uneducated men have the hardest time getting married or finding a long-term partner.

As this trend of women having university degrees continues, it will be more and more common for the wife to make more money than the husband. It does not need to be prevalent to modify the balance in society. I find this evolution very interesting.

http://www.lemonde.fr/campus/article/2016/04/14/les-femmes-sont-desormais-plus-diplomees-que-leur-conjoint_4902195_4401467.html#8TDtr9d51J4ftSRj.99

THE PNR DATABASE AND POSSIBLE CONSEQUENCES FOR TRAVEL IN THE EU AND THE SCHENGEN AREA
For over a decade the USA has kept a database of everybody traveling into and out of the country, with particular attention to foreigners entering the country legally without a visa. The US police have the ability to learn right away if a foreigner has stayed in the USA more than the 90 days authorized by the visa waiver program.

In Europe, there is no such database, though many governments have asked for it. For several reasons, the European Parliament was slow in approving its creation. In addition, some governments did not feel comfortable sharing information between their intelligence services so that terrorists could be tracked down.

Therefore, the recent creation of the Passenger Name Record (PNR) was approved only by a very small margin, 32 to 27. Right now everybody says they want the data to track terrorists and people involved in other serious crimes, and I believe that is true. I do not see any hidden agenda here.

On the other hand, once the database is created, it can be used for many other things. One that would be easy to set up is identifying and fining people who overstay the 90 days allowed by the visa waiver program. Several countries in the Schengen area already severely fine foreigners identified as having overstayed. Today these people are only caught when they get to a border and their passports are checked. Once the PNR is fully functioning, if all European police forces have full access to it, each member country can add software that matches people overstaying their visas with people traveling. The police could know in advance who is traveling in this situation, and handle them right off the plane if need be.

I have no idea if the French police would ever be interested in apprehending North Americans who have overstayed their visas. Right now nothing indicates that they are. But it would not take much for other Schengen area police forces to catch people. The absence of border controls does not mean there are no controls; on the contrary, there are many. My experience is that until recently they were mostly done near the Spanish and Italian borders, where a lot of undocumented aliens enter France, and at the Belgian border where drug smugglers come from the Netherlands. It is perfectly legal for Germany, Switzerland, Spain and the Netherlands to fine people who overstay at the Schengen level; as long as it does not involve a border control, it would be in full compliance with the Schengen agreement— for example, picking up a person getting off a plane.

People who are in this situation should not panic. The PNR has just been voted in and for many reasons it will be a long time before it is fully operational. Still, we now know it will exist and it will be used. The rest is speculation. My personal opinion comes from what is going today and what could happen when countries have full access to the information. Now may be the time to reconsider this lifestyle.

UBER IN FRANCE AND URSSAF’S REQUALIFICATION ATTEMPT
The French administration has won in court regarding one aspect of Uber’s activities. But now the administration has found a more definitive way to get rid of Uber in France.

The key to Uber’s system is that its drivers are self-employed and run their business the way they want. In several US states, this arrangement is being challenged on the grounds that the drivers should be considered employees. Now URSSAF is doing the same thing in France. The key difference is that in France the financial consequences are much worse. Social charges are calculated differently between the self-employed status and the employee status.

Two things are happening and are independent one from the other. The first most important one is that the employer is said to owe the employee’s and employer’s social charges calculated on the money the driver has received. This means that the entire amount of the social charges is owed by the employer. The second consequence is that the drivers are reimbursed the amount of social charges they have paid as self-employed.

This amounts to a huge amount of money, to which URSSAF adds fines and penalties with interests for late payment going back as much as three years. If URSSAF wins its case, Uber might have to file for bankruptcy to handle such a debt. One nasty twist is that even if Uber takes the matter to court and obtains a favorable decision, it still owes the money the entire time. This means URSSAF can use all the collection methods at its disposal, including freezing bank accounts, blocking money that Uber’s creditors owe, and so on, so it can dry up Uber’s cash fast.

The legal ground for this action is that, under French law, if an individual is a subordinate of a company, he is an employee no matter what his legal status is. URSSAF is trying to prove that this lien de subordination exists between Uber and its drivers.

I do not wish to comment on the quality of the service Uber offers, or on the fact that many black and Arab drivers, those who have the hardest time getting decent jobs, have found working with Uber to be a good opportunity. As far as the big picture goes, whether this attack on Uber is a good or a bad thing for France is a very complex question. One thing I am sure is that there will be intense lobbying by employers to stop or reduce this attack, as it is clear that French business owners are part of the trend to make their workers self-employed as much as possible.

It has reached the point where people speak in French about the uberisation de la société, which describes the disappearance of social protection for French employees, as well as for tenants and so on. That gives an idea how important this action is for France, as it will set the trend for the rest of French society.

An article in Le Monde also illustrates very well the evolution towards less protection for the employees.

http://www.lemonde.fr/economie-francaise/article/2016/05/17/l-urssaf-poursuit-uber-pour-requalifier-ses-chauffeurs-en-salaries_4920825_1656968.html#Z8ThiT8Otb0xpmj4.99

INCREASE OF MY FEES ON OCTOBER 1st 2016
It has been about six years since my fees last increased. On October 1st, I will raise my initial retainer from 250€ to 270€ and the hourly rate from 100€ to 110€.

MY OFFICE WILL NOT CLOSE DURING THE SUMMER VACATION
Since my office situation has not been resolved and I do not anticipate being able to move before August or early September, I am not planning any vacation time and do not expect to go away for any length of time this summer. Depending on the outcome of my office search and how quickly it proceeds, this could change some € but not much, considering the fact that any changes would be last minute. By the way, I have formed a new corporation, called “A Survival Kit For Paris.”

Best regards,

QUESTION

THE CONSEQUENCES OF AN UNWELCOME PROMOTION

After many years in France, I hold a carte de résident and I have been working for my employer for years. It is a job, and only a job … I do not want to say more. About two months ago I got a promotion and my new boss is plain awful. One could speak of harassment and degrading methods. I have worked on some projects with him and he is very abusive. Without waiting for me to sign the addendum to my contract, they gave me a new office, a new boss and more work to do with a meager increase in pay. I am reminded daily that if I do not sign the contract, I will not keep my raise. Considering the situation, I truly miss my former position; at least I could work in relative peace and get things done.
Do you think it is possible to get my job back? I never accepted the change and I have no intention of signing at this point. So what do I risk?

QUESTION

WHAT IS TAXABLE INCOME IN FRANCE?

Having lived here for many years, I have to fill out US tax forms as well as French. One thing about the French system I’ve never really understood is their “logic” about income: Brut, Net, Abbatu [sic], Imposable € each one is different. But why not just say you made this much and this is what you owe in taxes?