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		<title>Summertime Blues</title>
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		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Thu, 01 Sep 2022 07:05:35 +0000</pubDate>
				<category><![CDATA[2022]]></category>
		<category><![CDATA[Bank]]></category>
		<category><![CDATA[EMPLOYEE]]></category>
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		<category><![CDATA[FISCAL STATUS]]></category>
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		<category><![CDATA[visa]]></category>
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					<description><![CDATA[September&#160;2022 Well, I&#8217;m a gonna raise a fuss, I&#8217;m gonna raise a hollerAbout workin&#8217; all summer just to try an&#8217; earn a dollarEverytime I call my baby, to try to get a dateMy boss says, no dice, son, you gotta work lateSometimes I wonder what I&#8217;m gonna do&#8216;Cause there ain&#8217;t no cure for the summertime [&#8230;]]]></description>
										<content:encoded><![CDATA[
<h5 class="wp-block-heading"><em><span style="color:#828282" class="color"><em>September&nbsp;2022</em></span></em></h5>



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



<p><strong><span style="color:#5182FF" class="color">MY FEES ARE INCREASING ON SEPTEMBER 1st, 2022</span></strong><br>1st meeting/1st work: 350 euros for 2 hours&nbsp;<br>Extra per hour: 150 euros&nbsp;<br>Handling mail in my office: 50 euros per month&nbsp;<br>Handling mail at my home: 60 euros per month&nbsp;<br>Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation&nbsp;<br>Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.</p>



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



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<div id="kt-info-box_6a82ef-60" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/>MOVING BELONGINGS TO FRANCE AND FRENCH CUSTOMS REGULATIONS<br/></h2><p class="kt-blocks-info-box-text"><em>After completing my two-year master’s at the University of Rennes next month, the university has helped us obtain a two-year extension to our passport-talent visas from the prefecture.<br/>Now that my immigration situation is under control, my wife and I would finally like to move our household possessions to France &#8211; they have been in storage in the United States since I started living in France.<br/>We have started working with an international moving company who will handle processing the container through French customs, but they need us to provide an Attestation de non-cession and to get a Certificate of Change of Residence from the French Consulate, if I understand correctly.<br/>We need to explain to the consulate/customs authorities that, even though we have been physically in France longer than 12 months already, it has not been our résidence normale as defined by Les franchises douanières et fiscales de droit commun à l’importation, which states that La fréquentation d’une université ou d’une école n’implique pas le transfert de la résidence normale.<br/>This said, we understand that the French consulate via the process of requesting a Certificate of Change of Residence should deny us such documents, based on the fact that I am holding a passeport talent visa. I also studied the document issued by French customs called Les franchises douanières et fiscales de droit commun à l’importation.<br/>We have avis d’impots and have paid the taxes d’habitation for each of the three years during which I had passeport talent immigration status. Based on my research, these French fiscal documents would be refused by the French consulate as part of processing my Certificate of Change of Residence.Please let us know if you can provide that type of assistance, or if you need more information.</em></p></div></a></div>



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



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<div id="kt-info-box_a678a6-c1" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/>EMPLOYEE IMMIGRATION STATUS<br/></h2><p class="kt-blocks-info-box-text">I am looking for some advice regarding my immigration status. I moved from the USA a couple of years ago with an employee/salarié visa. I am currently holding a carte de séjour salarié I got last year. I have still the same employer who sponsored me in the first place. I now have a CDI, and I am renewing to receive a four-year carte de séjour salarié. I would like advice regarding changing employers once this new carte de séjour salarié has been issued.</p></div></a></div>



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



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



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



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



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



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



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



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



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



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



<p>If your new job gets you a<em>&nbsp;passeport talent carte de séjour,&nbsp;</em>on the other hand, you will submit a request to the prefecture to obtain that card, and the right to work as an employee will be fully secured this way.</p>
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		<title>AWAKENING</title>
		<link>https://www.jeantaquet.com/awakening/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Tue, 01 Jun 2021 08:07:31 +0000</pubDate>
				<category><![CDATA[2021]]></category>
		<category><![CDATA[Bank]]></category>
		<category><![CDATA[Brexit]]></category>
		<category><![CDATA[EU]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2214</guid>

					<description><![CDATA[June 2021 Thunder awoke me I sat up my feet on the floorSilver the lightning that shattered the lock on my doorFeel like I’ve lived my life longJust waiting for this day to dawn Racing through time toward the lightWe just do what we mustWe’re more than just ashes our spirits are more than just [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>June 2021</em></h5>



<p>Thunder awoke me I sat up my feet on the floor<br>Silver the lightning that shattered the lock on my door<br>Feel like I’ve lived my life long<br>Just waiting for this day to dawn</p>



<p>Racing through time toward the light<br>We just do what we must<br>We’re more than just ashes our spirits are more than just dust<br>Ancient we stood in the sun<br>Older when time first began<br>Now by the light shining through from within<br>We’ll find our way back to the stars once again</p>



<p>“Awakening” is the fourth song on<em>&nbsp;Freedom at Point Zero,&nbsp;</em>the fifth album by Jefferson Starship, released in 1979.</p>



<p>I could have chosen the similarly titled Alice Cooper song, “The Awakening,” from the album&nbsp;<em>Welcome to My Nightmare,&nbsp;</em>released in 1975. But since I wanted to allude to the almost overnight revival of Paris and France in general, the latter was surely not the right choice. I believe there is a lot more to say by juxtaposing “Awakening” and<em>&nbsp;Freedom at Point Zero.&nbsp;</em>In our current context, this should spark some interesting discussion.</p>



<p>On May 19th most lockdown limitations were lifted and, in a matter of a couple of days, Paris woke up and was alive again. Such a radical change in such a short time made a significant impression on me. As I rode my bicycle home in the northern part of the 11th arrondissement, people crowded the cafés, the sidewalks and, in some places, even the streets. Earlier in the day, the shops had opened again. I have seen and heard many people use the expression “Paris woke up,” and it describes exactly what I saw.</p>



<p>France’s vaccination campaign is gaining in momentum and it is possible there will be no new wave of infection as the number of vaccinated people increases.</p>



<p><strong><span style="color:#5182FF" class="color">FRENCH BORDERS ARE SLOWLY REOPENING – IT IS A START!</span></strong><br>Considering now how close it is, it can be assumed that on June 9th vaccinated Americans will be allowed to visit France using only their American passport with proof of vaccination and other sanitary documents that might be required. The French authorities refer to<em>&nbsp;accueil des touristes étrangers avec passe sanitaire.&nbsp;</em>This applies to all non-EU foreigners and not just to Americans. In the USA and other countries, people talk about a vaccine card or vaccine passport. Governments are promoting – and, in France, implementing – the principle that to regain total freedom of movement, travelers must be able to prove they have been vaccinated. Some see it as a form of coercion, which it is. In France, this is a common way of implementing policies.</p>



<p>This is a significant change in immigration policy and I believe it signals that French consulates are likely to resume handling all types of visa requests sometime this summer. I do not have a specific date – unfortunately, as I am asked about this almost daily.</p>



<p>I should be able to give more details in the July-August issue, just before vacation.</p>



<p><strong><span style="color:#5182FF" class="color">THE UK, BREXIT AND PROOF OF LODGING</span>&nbsp;</strong></p>



<p>There have always been two ways to provide an affidavit of lodging when submitting a visa request for France:&nbsp;<br>1 &#8211; a document signed only by the person making the request or&nbsp;<br>2 &#8211; a document issued by the town hall where the person will be staying.</p>



<p>Recently, questions arose regarding a communication from the UK government on foreign travel advice for France at&nbsp;<a href="https://ymlpcl1.net/8b332qbmaraewuqbanaehqaoajsew/click.php" target="_blank" rel="noreferrer noopener">www.gov.uk/foreign-travel-advice/france/entry-requirements&nbsp;</a>. The Foreign Office put out this alert about the post-Brexit, post-lockdown rules for short visits by British nationals to France. In addition to advising British visitors to consult information on travel requirements posted on French governmental sites, it notes.</p>



<p>“At French border control your passport may be stamped on entry and exit. You should also be prepared to … show proof of where you intend to stay for example, a booking confirmation or proof of address if visiting your own property (e.g., second home).” It specifies that if staying with friends or family, “you may be requested to provide an<em>&nbsp;‘attestation d’accueil’&nbsp;</em>(welcome invitation) from your host,” and links to&nbsp;<a href="http://www.demarches.interieur.gouv.fr/particuliers/attestation-accueil">www.demarches.interieur.gouv.fr/particuliers/attestation-accueil</a>.</p>



<p>There is a considerable difference between the affidavit of lodging<em>&nbsp;(attestation d&#8217;hébergement)</em>&nbsp;and the<em>attestation d´accueil.&nbsp;</em>The affidavit of lodging<em>(attestation d&#8217;hébergement)&nbsp;</em>comprises at least three documents:&nbsp;</p>



<ul class="wp-block-list"><li>a statement signed by the person hosting.</li><li>a copy of an official ID, such as a passport or national ID card</li><li>a proof of address less than three months old, usually a utility or internet provider bill or a home insurance statement.</li></ul>



<p>This set of documents is commonly used at the prefecture and the consulate when asking for a long stay visa, regardless of type.</p>



<p>The ‘welcome invitation’ or<em>&nbsp;‘attestation d´accueil’&nbsp;</em>is a document issued by the local town hall in France after inquiries about the premises where the visitors are staying. It has to be requested in advance, and can be denied. It is used for short stays in private homes by nationals of countries not benefiting from the Schengen visa waiver program, which allows travel in the EU without a visa.<br><a href="https://ymlpcl1.net/32b5bqbjaaaewuqbalaehqarajsew/click.php" target="_blank" rel="noreferrer noopener">www.thelocal.fr/20210519/attestation-daccueil-why-you-may-need-to-register-your-british-guests-at-your-local-french-town-hall/</a>.</p>



<p><strong><span style="color:#5182FF" class="color">MOST EUROPEAN COUNTRIES HAVE LESS BALANCE OF POWERS THAN THE USA</span></strong><br>Since the publication of my first column in March 1994, I have received my share of critical responses. Sometimes people get angry regardless of how hard I try to stay neutral in what I present. I often remind my readership that I am French, living and working in France, and one of my main objectives is to share my analysis on issues I find striking to illustrate the differences and similarities between how things work in France and elsewhere, hoping to encourage better understanding.</p>



<p>In recent years, a lot of issues have deeply polarized the US population. Addressing some of them can bring vehement responses. Across the entire spectrum of US news media, something they all refer to frequently is the balance of power between the executive, legislative and judicial branches of government. Many consider this the best structure to ensure the most democratic system possible. But it is also an oddity compared to much of the world, where the executive branch usually has more control over the other two.</p>



<p>The US political system uses the constitution the Founding Fathers drafted, with only slight modification over the centuries. By contrast, in the same period most European countries have changed their political regimes several times. The only French attempt to have such a perfectly balanced set-up was during the Second Republic, from February 24th, 1848, to December 2nd, 1852. It ended when President Louis-Napoléon Bonaparte staged a coup and became Emperor Napoléon III, whereupon the French democratic system disappeared once again. The current system, the Fifth Republic, was established by General de Gaulle on October 5th, 1958. The leader of the opposition at the time, François Mitterrand, wrote a book about the new system called<em>&nbsp;Le Coup d&#8217;État permanent&nbsp;</em>– which can roughly be translated as “ongoing military coup,” and indeed so it appeared to many.</p>



<p>Thus, France’s attempt to duplicate the US balance of powers lasted less than five years. Throughout most of its history, France has either had a visibly strong leader or was longing for one. One possible reason the Fifth Republic has lasted so long is that it took this preference into consideration and established a presidential regime in which the scales are heavily tilted in favor of the president.</p>



<p>As a Frenchman, I took great interest in studying the 45th US president, who differed considerably from his predecessors, seeming closer to a French president in his approach to power. It had nothing to do with being liberal or conservative, or trying to position myself on the American political spectrum.</p>



<p>Below, in two parts, is a message from a reader, which is what triggered my desire to explain my vantage point when I titled my April 2021 issue “Magic Man.” Receiving this type of message reminds me how wide the spectrum of my readership is. Again, I do make a conscious effort to address issues in a non-partisan way.</p>



<p><strong><span style="color:#000000" class="color">MY READER’S MESSAGE – part 1</span></strong><br><em>Your choice of word “idolatry” describing the Trump followers made me pause. Since Hillary Clinton&#8217;s comments characterizing the Republicans as “a Basket of Deplorables,” I am aware of the left contempt for the right. They have attacked them physically and verbally, they have ridiculed and called them stupid, not sophisticated, mid-westerners, and other insults. Just putting this idolatry aside for one moment, how do you call the millions of people who elected a feeble, senile, lying career politician as Commander in Chief who mumbles, “I don&#8217;t know what I am signing, but I&#8217;m gonna sign these Executive Orders”? On top of everything he can&#8217;t take his hands and his lips off girls and women (just watch the videos of women trying to get away from his embraces). Magic Man would not work for Biden, creepy old man will do! This guy should be in assisted living not the President of the United States! Trump seen as a Magic Man is ridiculous. He was not a politician for sure, he is a builder, and that&#8217;s what people who voted for him wanted: 1. No more corruption from Washington. 2. Rebuild America. 3. Treat it as a business, in which Trump excelled at. 4. Give a voice to the hard-working Americans or any hard-working average guy who just want to achieve the American Dream: raise children, have house in the proverbial white picket fence around it for the dog. Let’s assume that Trump supporters idolized their man because he put America first and back to work with the lowest unemployment in decades (including minorities). Where is Obama advocating for Black people not to resist arrest and just calmly comply with the police, show a license and proof of insurance instead of a gun or a knife or running away?</em></p>



<p><strong><span style="color:#5182FF" class="color">THE US POLITICAL SPECTRUM IS ABOUT HALF AS WIDE AS EUROPE’S, ESPECIALLY ON THE LEFT</span></strong><br>Each European country has a different political spectrum. One determinant is which political party has elected representatives at the national level. This makes an especially significant difference when there are only two main parties, as in the UK, as opposed to the situation in, say, Italy with more than ten. The political spectrum of the countries in continental Europe is a lot more like the Italian model than the British one. Recent developments throughout Europe have shattered the old model of two alliances, conservatives versus progressive, so it has become more difficult to position political life in these countries along those lines.</p>



<p>One thing that seems obvious to me is that the US spectrum, as exemplified by Congress, is about half as wide as that typically found in continental Europe. The left side of the US spectrum, compared to that of western Europe, is nearly non-existent. This is nothing new; even the more liberal US presidents have fallen between moderate conservatives and centrist liberals by European standards. The fact that all European countries have a strong social net fundamentally changes which issues separate conservatives and progressives.</p>



<p>The American expat community in European countries seems to alternate between criticizing European bureaucracy and applauding the astonishing benefits all residents get. Both of those aspects are the consequence of widespread social programs. Europe no longer has prominent political parties espousing Marxism, but it did between 1950 to 1980. I have yet to identify any US political leaders even remotely connected to Marxism in the sense of the political philosophy defined by Karl Marx.</p>



<p><strong><span style="color:#000000" class="color">MY READER’S MESSAGE &#8211; part 2</span></strong><br><em>Last year incidents that caused all this unrest and Marxism uprising in the US (what the left call peaceful protests) involved Black people who had warrant arrests, criminal charges, and were known drug addicts and/or traffickers. Hopefully, the above will give you another perspective of some stories – not the ones that you might get (by design) on the French liberal channels and newspapers. I am not sure why and how you get your inspiration of writing your professional, legal comments on your otherwise very interesting subjects from some songs. Just curious. Is it where we are in France? No intellectual curiosity anymore? How about philosophical, historical quotes? “Hard times create strong men. Strong men create good times. Good times create weak men. And weak men create hard times” would be very à propos.</em></p>



<p><strong><span style="color:#5182FF" class="color">LENDING MONEY TO A FRIEND IN FRANCE</span></strong><br>French banks have a monopoly on lending money to the public, so the legal requirements regarding loans between friends and relatives are not widely known. When the debtor borrows over 5,000 euros, he has to report it to the tax office. (Before September 27th, 2020, the limit was 760€.) It does not matter whether the loan is recorded in writing or whether interest is expected. If a<em>&nbsp;notaire&nbsp;</em>or lawyer draws up the loan contract, they take care of the declaration.</p>



<p>A person can lend more than 5,000 euros as a global amount through small loans i.e., less than 5,000 euros each to multiple individuals in a given year. Because each debtor has borrowed less than the limit, he/she does not have the obligation to declare. Now because the total of these sums comes to more than 5,000 euros, the creditor must declare all those loans, and must include the names and addresses of both parties; the date; the amount and the loan conditions, particularly the duration; the interest rate, if any; and the terms of repayment.</p>



<p>If the loan is granted at interest, the lender must declare the interest received on the annual tax return. Except in the case of a global option for the progressive income tax scale, interest payments are subject to the single flat-rate deduction of 30% (12.8% for income tax and 17.2% for social).</p>



<p>This described the fiscal obligation. There is also a legal obligation. For any amount greater than 1,500 euros, the civil code requires submission of a written document to prove it is a loan and not a gift. This document can be an acknowledgment of debt (I.O.U.) signed by the borrower or a formal loan agreement signed by both parties. It is registered at the local tax office and costs 125 euros. The main purpose is to certify the date of the transaction, which makes it more difficult to contest.</p>



<p><a href="https://ymlpcl1.net/6f1c1qbbaiaewuqbaoaehqaiajsew/click.php" target="_blank" rel="noreferrer noopener">www.lemonde.fr/argent/article/2020/10/13/faut-il-declarer-aux-impots-l-argent-prete-par-un-proche_6055800_1657007.html</a>.</p>



<p><strong><span style="color:#5182FF" class="color">MY BUSINESS HAS A NEW FACEBOOK PAGE</span></strong><br>Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.</p>



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



<p>You are welcome to join:<br><a href="https://ymlpcl1.net/3dd97qbhataewuqbakaehqagajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.facebook.com/rattachement</a></p>



<p><strong><span style="color:#5182FF" class="color">SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 9th to AUGUST 23rd</span></strong><br>The office will be closed for a month and a half, starting Friday, July 9th, and reopening on Monday, August 23rd. As always, I will be reachable by email for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.</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>EVALUATING PASSEPORT TALENT CATEGORIES FOR CREATING A FRENCH BUSINESS</em><br/></h2><p class="kt-blocks-info-box-text"><em>We are a family of 6 people with four kids. We would like to apply for the passeport talent for creating a business, with our history of creating and owning here in CA a successful fitness and wellbeing studio. We would like to move to France and open a studio there under the same business name. I would love to know what the process is looking like now with COVID. Is that passeport talent for creating a business available to apply for as of now?</em></p></div></a></div>



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<div id="kt-info-box_5303f9-ab" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">I see you have done some serious research about the various types of French immigration status. Still, I need to describe some fundamentals related to immigrating to France so as to identify the types of status you could choose from before leaving the final decision to you, as well as explaining what is normally available and what can be asked for at the moment. Your project must be looked at from a couple as well as family perspective, keeping in mind that<em>passeport talent </em>immigration status comes with benefits for spouse and the children.<br/>1. In normal circumstances, there are six categories of immigration status available to non-EU citizens:<br/><em>• visiteur</em><br/>• étudiant<br/>• salarié<br/>• vie privée &amp; familiale<br/>• commerçant &amp; artisan<br/><em>• passeport talent</em><br/><br/>Each has several sub-categories. The best way to proceed is to start with a professional project in France. Once done, this eliminates most of the possibilities and narrows the choice down to the few linked to the project.<br/><br/>2. In creating a business in France, there has traditionally been a huge difference between three types of professional status:<br/><em>• profession libérale</em><br/>• artisan<br/><em>• commerçant</em>.<br/><br/>As part of President Macron&#8217;s general policy of modernizing France, these differences are fading away. But there are still differences regarding registration process, immigration procedure and taxation. Thus it is critical to know where your project fits in. So here are some definitions:<br/><em>Profession libérale</em><br/>The professional is paid for services rendered; these services cannot involve any sale of physical items. Sometimes, rendering the service includes leaving things with the client. As long as the fee paid is announced as a total price, it complies with the regulation.<br/>For example, a consultant offers the service of registering French corporations, including publication of an ad in a special journal of legal announcements. Part of the overall service is running the ad and buying several issues of the publication, which are then given to the client. This is not a “buy to sell” transaction but part of the consultant’s mission.<br/><br/><em>Artisan</em><br/>The<em> artisan </em>is someone who has mastered a craft or trade acquired through extensive training. It involves performing tasks, such as carpentry, plumbing, hairdressing or baking. What is sold determines which sub-category it fits in.<br/><br/><em>Commerçant</em><br/>The merchant buys things to sell without modifying them. The category mainly concerns shops, but also applies to such activities as hotels, public transport – and fitness clubs. Your description leads me to believe that your activity fits in this category.<br/><br/>3. Which visas are currently available? For your profile as defined above, only the<em> passeport talent </em>offers the sub-categories you will want to choose from. Here are the 10 sub-categories:<br/><em>• jeunes diplômés qualifiés salariés ou salariés d&#8217;une jeune entreprise innovante</em> (does not apply in your case)<br/><em>• travailleurs hautement qualifiés (carte bleue européenne) </em>(does not apply)<br/><em>•</em> <em>salariés en mission</em> (does not apply)<br/><em>• chercheurs </em>(does not apply)<br/><em>• créateurs d&#8217;entreprise </em>(could apply)<br/><em>• porteurs d&#8217;un projet économique innovant </em>(does not apply)<br/><em>•</em> <em>investisseurs économiques </em>(could apply)<br/><em>•</em> <em>mandataires sociaux</em> (could apply)<br/><em>•</em> <em>artistes interprètes </em>(does not apply)<br/><em>•</em> <em>étrangers ayant une renommée nationale ou internationale (domaine scientifique, littéraire, artistique, intellectuel, éducatif ou sportif) </em>(does not apply).<br/><br/>And here are the requirements of the three that apply in your case.<br/><em>Créateurs d&#8217;entreprise</em><br/>In addition to the standard demand that the project be viable, the French administration has two extra requirements:<br/><em>•</em> spending 30,000 euros in the first year of business in France<br/><em>•</em> proving that you have a master&#8217;s degree or five years of experience in the field.<br/>Your business model requires renting commercial space to open a studio, the rent for which alone would likely cost more than that even before taking into account the equipment and decor. Thus your focus must be on an excellent business plan, proving your ability to finance it and enough savings to survive about a year with few clients.<br/><br/><em>Investisseurs économiques</em><br/>The main requirement is to invest 300,000 euros in a French business, either an existing one or one you establish. The business plan here, too, is critical but the focus is different. You need a French bank account statement showing this sum credited to the account. The file must show where the money comes from, as it has a foreign source. The business plan shows what it will finance. Note that once you add up rent, salaries, equipment purchase and other costs, this seemingly large amount is not that huge anymore. I consider it a viable option unless proven otherwise. If you have the means to make this possible, I strongly advise picking this one. As the saying goes, “Money talks” – which may be one reason the number of documents to present the project and the business is much lower than for the previous one. This sum of money proves for the most part the initial viability of the business.<br/><br/><em>Mandataires sociaux</em><br/>To open a fitness studio, you will need a limited liability structure. Even with the best professional insurance, if someone gets hurt, a million-dollar lawsuit could result. Thus a corporation is formed to limit the liability of running the activity to the corporation itself, alleviating liability against the individuals involved. In France, this means creating a<em> personne morale, </em>which in this case can be translated as a corporation.<br/>You will see a few acronyms once you do some research:<br/><em>EURL = a one-person corporation that can be the subsidiary of an American corporation<br/>SARL = a minimum two-person corporation (they can be spouses)<br/>SASU = a one-person corporation that can be the subsidiary of an American corporation<br/>SAS = a minimum two-person corporation (they can be spouses).</em><br/><br/>The person identified as holding the senior management position of one of these corporations has the status of<em> mandataire social. </em>Thus, this status may be better for you, since you need to create such a corporation because of the nature of your project.<br/><br/>4. What are the benefits of each, and why choose one over another? There are major differences between the three, even though they are all part of the<em> passeport talent </em>category. One feature they all have is that, since the status they confer is<em> vie privée &amp; familiale, </em>which includes unrestricted work rights, the so-called “trailing” spouse has the right to work. This is a major benefit: the spouse can work in the business, including as an employee, as well as for any third party.<br/>Another feature is that the<em> carte de séjour </em>issued once the process is complete can last up to four years. There is no guarantee of this, but<em>investisseurs économiques</em> and <em>mandataires sociaux </em>virtually always get four-year cards.<br/>The other one<em>, créateurs d&#8217;entreprise, </em>will be scrutinized more by both the French consulate and the prefecture, which both have a history of skepticism regarding this category. Hence it is more difficult to get the related visa and there are fewer chances that the card will be valid for four years. The prefecture hardly ever believes the business will last that long.<br/>Now that you know all that, you have a strategic decision to make. You need to decide your priorities in correlation with your means and the amount of work you want to put into this procedure.<br/></p></div></a></div>



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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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		<title>Riders on the Storm</title>
		<link>https://www.jeantaquet.com/riders-on-the-storm/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sat, 01 May 2021 08:22:52 +0000</pubDate>
				<category><![CDATA[2021]]></category>
		<category><![CDATA[carte de sejour]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[EU]]></category>
		<category><![CDATA[PERMIT]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2218</guid>

					<description><![CDATA[May 2021 Riders on the stormRiders on the stormInto this house we’re bornInto this world we’re thrownLike a dog without a boneAn actor out aloneRiders on the stormThere’s a killer on the roadHis brain is squirmin’ like a toadTake a long holidayLet your children playIf ya give this man a rideSweet family will dieKiller on [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>May 2021</em></h5>



<p>Riders on the storm<br>Riders on the storm<br>Into this house we’re born<br>Into this world we’re thrown<br>Like a dog without a bone<br>An actor out alone<br>Riders on the storm<br>There’s a killer on the road<br>His brain is squirmin’ like a toad<br>Take a long holiday<br>Let your children play<br>If ya give this man a ride<br>Sweet family will die<br>Killer on the road, yeah<br>Girl, ya gotta love your man<br>Girl, ya gotta love your man<br>Take him by the hand<br>Make him understand<br>The world on you depends<br>Our life will never end<br>Gotta love your man, yeah<br>Riders on the storm<br>Riders on the storm<br>Into this house we’re born<br>Into this world we’re thrown<br>Like a dog without a bone<br>An actor out on loan<br>Riders on the storm<br>Riders on the storm<br>Riders on the storm<br>Riders on the storm<br>Riders on the storm</p>



<p>I have already used this title for the November 2016 issue. “Riders on the Storm” is a song by The Doors from their 1971 album&nbsp;<em>L.A. Woman.</em></p>



<p>I am sure I am not the only one feeling that we are riding a storm. There are many reasons for that. Among them are issues raised by the Covid vaccines and constant changes in the sanitary guidelines. We are being given so much information so rapidly that it can seem that people are contradicting themselves. I am fully aware that the situation is evolving quickly. Pausing a vaccine rollout to check the health implications makes perfect sense and should be very reassuring; I just wish it actually felt that way.</p>



<p>Now some people feel they no longer have to worry and can resume having a more normal life. They are riding the storm with confidence. Things are still rocky here and there, but they are staying on top.</p>



<p>Others still feel like the storm is sweeping them off their feet and they are being carried away, still not controlling much in their life and feeling like they are getting contradictory information that makes it seem the country is doing better and worse at the same time. They get financial assistance but still no job in sight.</p>



<p>It is clear that in the USA things are moving, with both sides of the aisle adopting policies at the federal and state levels. From afar it seems like a race in which each side is hoping to score enough points to secure the lead.</p>



<p>For different reasons, I, too, am dealing with uncertainties, making it difficult to have a smooth work environment, due to the continual, eleventh-hour modifications to my schedule. The prefecture can be quite unpredictable and this is not always for the better. Between last-minute changes by the French government and the uncertainty over what the rules will be next week or next month, it is complicated to plan the next visa request or upcoming change of status, whether for those going to the USA or coming to France. In my experience, even when the rules are very harsh, one can adapt if it is that way for a long time because it is predictable. When the environment starts to change, especially for the better, it often creates a lot of emotional trouble as hope and fear collide inside people.</p>



<p>This is a different kind of storm that is always difficult to deal with. Let us hope that the current changes take us all to a more secure and safer world overall. Right now, being patient may be the hardest thing to do.</p>



<p><strong><span style="color:#5182FF" class="color">RIDING A BICYCLE IN PARIS AND OTHER MAJOR FRENCH CITIES</span></strong><br>For over a year, I have been using my bicycle to travel almost everywhere in Paris and its immediate suburbs. Since the beginning of the pandemic, I have seen a steady increase in the number of cyclists, especially those I consider professional people.</p>



<p>Many, like me, get to work by bicycle. There are also food delivery people on duty day and night. A new phenomenon is the cargo bikes that compete with small delivery trucks. They are big in all directions, as much as 153.5 cm (5 feet) high and 200 cm (6.5 feet) long, weighing some 20 kg (44 pounds). With cargo volume of around 570 liters (20 cubic feet), they can carry 60 kg (132 pounds). I remember seeing such vehicles for the first time in Copenhagen, delivering cases of Tuborg beer, in the early 1970s.</p>



<p>Any significant change in Paris leads to animated debate on the part of both public and elected officials. I see major improvements regularly being made to the areas of the streets dedicated to bicycles of all sizes. While Paris for bike riders is not yet comparable to any small city in a Nordic country, I still enjoy the fact that it is increasingly safer to ride. At the same time, so many people are cycling that traffic is catching up with the improvements. At rush hour in some parts of the city, I have seen what I call cyclist traffic jams with 15 or more bicycles stopped at traffic lights. On the Right Bank, what was meant to be an inner-city expressway was opened in December 1967 but has been limited to pedestrians and cyclists since September 2016. Every day I ride up and down the streets flanking the Canal St-Martin, which are closed on Sunday to the regular traffic, and now there are hardly any cars, even during the week.</p>



<p>My appreciation of this trend is in contrast, of course, with the strong opposition of people who drive in Paris, who are disadvantaged by the situation. But the trend is here to stay, so people have to adapt to an environment they may not like. The car has symbolized so much for so long that a world or just a city without cars is unthinkable to many. One change is already visible in the way the car industry advertises new models. When I was young, it was all about power and speed. Then it was about comfort, safety and fuel efficiency. Today, finding the right message is complicated. Should one push electric cars or hybrid models? Can one promote huge SUVs without backlash on social media?</p>



<p>The thoughts that I have when I am cycling are much more mundane: I am aware of the traffic around me, hoping to be on time for my next appointment, and so on. This travel time has become one of reflection, planning my day, thinking about various clients’ cases. Occasionally my thoughts wander here and there.</p>



<p><strong><span style="color:#5182FF" class="color">A NEW PROCEDURE FOR THE EMPLOYEE WORK PERMIT</span></strong>&nbsp;<br>To explain the recent radical change, I need to describe the previous procedure, how it is different now and what the consequences can be.</p>



<p><strong>I &#8211; BEFORE</strong><br>There were two procedures, depending on whether the foreigner already lived in France or did not yet have a French immigration status.</p>



<p><strong>For a foreigner living in France</strong><br>1 &#8211; The applicant was responsible for putting together the file asking for the work permit and submitting it to the prefecture. Such files were often considered sensitive, as they gave details of the company ownership and the payroll, amounts of sales tax and social charges paid, and so on.</p>



<p>2 &#8211; After the first appointment, the prefecture could sit on the file for anywhere from a couple of weeks to several months, even though the regulations assumed that action would be taken right away. That aspect of the procedure was already bad even before the pandemic brought horrendous, disproportionate delays in issuance of the permits, leaving the foreigner incapable of getting things moving. Often the prefecture would say, “The file is not here anymore; check with DIRECCTE,” and DIRECCTE would answer, “We never received the file – the prefecture has it” because the file, being on standby, was technically not with the prefecture anymore.</p>



<p>3 &#8211; DIRECCTE (the Direction Régionale des Entreprises, de la Concurrence, de la Consommation, du Travail et de l’Emploi) had two months to answer but there were no consequences if it took longer. Some branches were known to stay more or less on schedule but others were notorious for taking way too long.</p>



<p><strong>For a foreign applicant outside of France</strong><br>1 &#8211; The employer would submit the file to DIRECCTE and the answer would come more reliably.</p>



<p>2 &#8211; The file would end up at the French consulate nearest where the prospective employee lived, and the visa would be requested.</p>



<p><strong>II &#8211; NOW</strong><br>Before, there was a DIRECCTE in each<em>&nbsp;département.&nbsp;</em>On April 1st, 2021, they were replaced by DREETS, which stands for Direction Régionale de l’ Économie, de l’Emploi, du Travail et des Solidarités. The new body resulted from a merger of DIRECCTE and the<em>&nbsp;services chargés de la cohésion sociale.</em></p>



<p>DREETS does not include the office called Main d’Oeuvre Étrangère, which formerly issued the right to work as an employee. As a matter of fact, this department no longer exists! Currently a different office in the French administration is in charge of issuing employee work permits. Now it is only the employer who submits the file through a national website. This change could be excellent news, as the employer is in charge from A to Z. This means there should be a lot less resistance to giving out these documents. Of course, some employers distrust the administration and will never volunteer to give this kind of information to an office in charge of reviewing the situation, as it is too much like an audit.</p>



<p>However, on paper at least, the change fixes two of the issues that most affected prospective foreign employees. True, there is no track record yet on how the new procedure works, especially in regard to the length of the wait for a response. It would be good to know whether the guidelines have changed, as it can be assumed that the employees of DIRECCTE were not transferred to the new division of the French administration.</p>



<p>Here is how it is supposed to go on now:<br>1 &#8211; The employer requests the work permit on a dedicated web page (see below).<br>2 &#8211; An automated email is sent to the employer confirming that the request has been submitted.<br>3 &#8211; If the answer is favorable, the employer and future employee receive the work authorization by email.<br>4 &#8211; The future employee attaches the permit to the long-stay visa application or<em>&nbsp;carte de séjour&nbsp;</em>request.</p>



<p>These are the main pages concerning the procedure.<br><a href="https://ymlpcl1.net/9fc25qmqadaewubqakaubearajsew/click.php" target="_blank" rel="noreferrer noopener">https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#</a></p>



<p><strong><span style="color:#5182FF" class="color">VACCINATED US CITIZENS SHOULD BE ALLOWED TO TRAVEL TO EUROPE SOON</span></strong><br>At the time of publication, all I know is that the French government plans a May 3rd announcement on several changes regarding travel restrictions, following a decision taken at the EU level.</p>



<p>Below is a translation of the beginning of a Le Monde article about the current state of affairs.&nbsp;<strong>Covid-19: European Union ready to open its borders to vaccinated American tourists&nbsp;<em>This is a “recommendation” from Ursula von der Leyen, president of the European Commission, which has yet to be approved by member states.</em></strong></p>



<p>Tourists from the United States will be allowed to visit the European Union (EU) in the coming months provided they are vaccinated against Covid-19, European Commission President Ursula von der Leyen said on Sunday April 25 in an interview with The New York Times.</p>



<p><a href="https://www.lemonde.fr/planete/article/2021/04/26/l-union-europeenne-prete-a-ouvrir-ses-frontieres-aux-touristes-americains-vaccines_6078051_3244.html">https://www.lemonde.fr/planete/article/2021/04/26/l-union-europeenne-prete-a-ouvrir-ses-frontieres-aux-touristes-americains-vaccines_6078051_3244.html</a></p>



<p><strong><span style="color:#5182FF" class="color">BRITISH CITIZENS ASKING FOR A CARTE DE SÉJOUR</span></strong><br>Something that happened this month at the prefecture illustrates a change I had not seen coming. Since the prefectures reopened in May 2020, the trend has been to rely heavily on email exchanges and pages on the official website, in Paris and virtually all over France. I have grown used to sending a complete file, or sufficient documents to secure an appointment, as attachments. I also make sure the documents are printed and ready in the file when the meeting starts. The rule has always been that the applicant comes with the complete file.</p>



<p>I have already mentioned that since January of this year, the procedure for British people has been a lot simpler and they get a five-year residency pretty much automatically. The documents sent must prove their identity, address and the date when the residency in France began. As I noted earlier, this can be problematic since many live in both countries.</p>



<p>With one recent client, the appointment came soon after we sent the request by email. I assumed that the client understood that what we sent needed to be in the file the day of the appointment. But the person showed up at the prefecture with only passport and pictures, no file. I became quite anxious, trying to figure out how we could get all the documents we were going to be asked for. Our number was called, and the conversation started with a request for the passport. That was all, for the moment. The prefecture had printed everything and considered it sufficient. The meeting continued with fingerprinting and signing of the form. Then we were asked to provide a document proving residence at the Parisian address in 2020 (i.e., before Brexit took effect). We went back to the waiting room and spent some time finding access to utility accounts. Finally, we got a couple of documents, which were accepted. I honestly admit that I felt unsettled the entire time we were in the prefecture. I still strongly advise my British clients to have the file ready, including proof of presence of about one year. But be aware that you might leave the prefecture with your file unopened.</p>



<p><strong><span style="color:#5182FF" class="color">MY BUSINESS HAS A NEW FACEBOOK PAGE</span></strong><br>Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.</p>



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



<p>You are welcome to join:<br><a href="https://ymlpcl1.net/317c3qjsaiaewubqalaubeaaajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.facebook.com/rattachement</a></p>



<p><strong><span style="color:#5182FF" class="color">SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 9th to AUGUST 23rd</span></strong><br>The office will be closed for a month and a half, starting Friday, July 9th, and reopening on Monday, August 23rd. As always, I will be reachable by email for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.</p>



<p>Best regards,</p>



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<h2 class="wp-block-heading">QUESTION<br><br><em>WHAT IS FRENCH IMMIGRATION STATUS?</em></h2>



<p><em>I am seeking your advice or counsel on the French visa process, having attended the Nomadic Network events featuring your recommendations about moving to France in the past.I came to Bordeaux on a tourist visa to reunite with my French “life partner” after Covid separated us. We have since applied three times for the Formulaire 1 visa found on <a href="http://www.gironde.gouv.fr/">www.gironde.gouv.fr</a> to acquire a long-term stay visa. Based on the responses we have received, it appears I do not fall under the currently allowed categories.At this time, I am still employed full-time in the United States and meet the financial requirements to support myself, but I just cannot seem to figure out the perfect combination to stay here.Ultimately, I want to acquire a visa so I can live with my partner and ensure free travel back and forth between the United States and France, as France is now becoming my home country.Do you know of an agency, counselor, or lawyer who could help advise me and my partner on the best course of action? Do you know of other options?</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>I see several issues that must be addressed differently. Right now you do not have permission to stay in France and the Covid-19 pandemic is the only reason you have not been told to leave ASAP. Since you are romantically involved with a French citizen, you could be interested in obtaining permission to stay on grounds of your private life. It is impossible to obtain a “long-term stay visa” from the prefecture, as it issues only residency cards, the normal procedure for which starts with getting a visa from the consulate via the company VFS Global. Showing proof of working in the USA as an employee, while signing under oath that you will not work in France, could create some serious problems in terms of obtaining a visa. You are much better off showing proof of sufficient savings and getting an affidavit of lodging and support.</p>



<p>The bottom line is that either you organize your stay in France as an undocumented alien, planning to obtain private life immigration status, or you go back to the USA to get a visa. I would like to detail your situation and the solutions.</p>



<p><strong>1 – In the immediate future</strong><br>You are in France without an immigration document. You will not get a<em>&nbsp;carte de séjour&nbsp;</em>right away, even if you qualify for one. The fact that you qualify for<em>&nbsp;visiteur&nbsp;</em>immigration status does not mean you will get it. The only thing you can get – if you qualify – is an<em>&nbsp;autorisation provisoire de séjour</em>&nbsp;(APS). It requires you to demonstrate that you are “stuck” in France for health reasons, that you fear for your life should you be forced to go back to the USA. Given how recently you arrived in France, it might be possible to convince the prefecture that you need one. Your age and current medical condition are among the elements taken into account.</p>



<p>What is critical is your ability to prove that you cannot go back to the USA, not the fact that you have arrived in France and would like to stay as an immigrant.</p>



<p>Without an APS, your stay in France will be seen as illegal and you will not be able to request immigration status unless you are in a situation that allows<em>&nbsp;régularisation d’un(e) sans-papiers</em>&nbsp;(legalizing an undocumented alien).</p>



<p><strong>2 – What do you do until you can request immigration status?</strong><br>There are two ways to approach this question:</p>



<p>a) If you plan to marry or form a civil union (PACS), you can stay in France the entire time so you qualify for regularization, either under a PACS plus solid proof of living with your partner for a year, which can start before registration of the PACS, or marriage plus solid proof of living together for six months, exclusively after the wedding. Note that the regularization procedure takes a while but you do not have to go back to the USA to ask for an immigration visa.</p>



<p>b) If you plan to go back to the USA and ask for a visa when the consulate fully resumes its work, note that the<em>&nbsp;visiteur&nbsp;</em>visa may not meet your needs. If you eventually get married or PACSed, you will become a French fiscal resident, so earning at least some of your money in France will make more sense and will give you access to the French social system, including health coverage.</p>



<p>You may have chosen<em>&nbsp;visiteur&nbsp;</em>to make things simple and easy, knowing that it would give you a year to get PACSed or married.</p>



<p>As you can see, the sooner you decide as a couple what is best for you two, the easier it will be to plan the months or years to come.</p>



<p>Note that, from what I can see, undocumented Americans living in France need not fear deportation so that is not something you have to worry about.</p>



<p><strong>3 – What are your choices of immigration status?</strong><br>a)<em>&nbsp;Vie privée&nbsp;</em>(private life) grants unrestricted right to work and so is seen as the best status to obtain – and, accordingly, the prefecture is very strict concerning the proof of living together. Few documents qualify. You must prepare well in advance to be sure to have the right documents. You will need, at a minimum, one document per month with both your names on it: internet provider bills, all utilities, tenant insurance policy, etc. The prefecture prefers a joint bank account but if you follow my advice you can do without it.</p>



<p>b) Your employment in the USA allows you to earn money while being physically in France. Yes, this is somewhat compatible with<em>&nbsp;visiteur&nbsp;</em>status, but emigrating to France as you have done transforms your life, and sooner or later you may want to change this situation. If it is not your private life that anchors you in France, it can be your work.</p>



<p>In that case,<em>&nbsp;visiteur&nbsp;</em>status could be seen as a way to obtain a legal stay while buying time to decide which choice to make.</p>



<p>One type of<em>&nbsp;carte de séjour,&nbsp;</em>called<em>&nbsp;passeport talent,&nbsp;</em>has 10 subcategories, allowing you to put your professional plans first, knowing there will be a related immigration status.</p>



<p>Now, having said all that, let us review your email. I believe you are referring to the visa waiver program, also called the Schengen program, which allows you to come to France as a tourist (not as an immigrant) and stay for 90 days. You do not have an immigration visa.</p>



<p>The website&nbsp;<a href="https://ymlpcl1.net/052aaqjuaiaewubqaxaubeazajsew/click.php" target="_blank" rel="noreferrer noopener">www.gironde.gouv.fr</a>&nbsp;essentially states what I explained above:<br>“To request an appointment at the prefecture: form n°1. You entered France legally with a short-stay visa, a long-stay visa bearing the mention “temporary exemption” or without a visa.</p>



<p>“You are exempted from applying for a residency permit for the duration mentioned on your visa or up to 90 days if you are exempted from a visa or hold a residency permit from another European Union country. After this period, you must not remain in France illegally. If you wish to reside in France permanently, you must contact the French consular authorities in your country of origin, or in any other country where you are legally entitled to reside, to apply for a settlement visa.</p>



<p>“Please note that under these conditions, you can only apply for the following residency permits: Spouse of a French national, Parent of a French minor child, Entered before the age of 13, 10 years of presence in France (Algerians and Tunisians only), Family member of a foreigner holding “EC/EU long-term resident” status (the application must be submitted within 90 days of entry into France), Family member of a European national, Victim of domestic violence or trafficking in human beings, Sick foreigner/accompanying a sick foreign minor, Foreigner fulfilling the conditions for acquiring French nationality, Veteran, Born in France, Exceptional admission to a residency.” Please note that what the website calls<em>&nbsp;admission exceptionnelle au séjour&nbsp;</em>corresponds to regularizing an undocumented immigrant and refers almost exclusively to private life situations.</p>



<p>You want your immigration status to come in the form of a long-stay visa, carte de séjour and récépissé, among the more common documents issued by the French administration.</p>
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