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		<title>Les feuilles mortes</title>
		<link>https://www.jeantaquet.com/les-feuilles-mortes/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Thu, 01 Nov 2018 07:33:32 +0000</pubDate>
				<category><![CDATA[2018]]></category>
		<category><![CDATA[GITLI]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[JUSTICE]]></category>
		<category><![CDATA[Prefecture]]></category>
		<category><![CDATA[PUMA]]></category>
		<category><![CDATA[SELF-EMPLOYED]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2382</guid>

					<description><![CDATA[November 2018 From Wikipedia&#8220;Autumn Leaves&#8221;&#160;is a popular song. Originally it was a 1945 French song, &#8220;les Feuilles mortes&#8221; (literally &#8220;The Dead Leaves&#8221;), with music by Hungarian-French composer Joseph Kosma &#8211; derived from a ballet piece of music (Rendez-vous, written for Roland Petit), itself partly borrowed from Poème d&#8217;octobre by Jules Massenet &#8211; and lyrics by [&#8230;]]]></description>
										<content:encoded><![CDATA[
<h5 class="wp-block-heading"><em>November 2018</em></h5>



<p>From Wikipedia<br><strong>&#8220;Autumn Leaves&#8221;</strong>&nbsp;is a popular song. Originally it was a 1945 French song, &#8220;les Feuilles mortes&#8221; (literally &#8220;The Dead Leaves&#8221;), with music by Hungarian-French composer Joseph Kosma &#8211; derived from a ballet piece of music (Rendez-vous, written for Roland Petit), itself partly borrowed from Poème d&#8217;octobre by Jules Massenet &#8211; and lyrics by French poet Jacques Prévert.</p>



<p>The song is clearly an expression of pain and despair conveying the hopelessness of a child who has been torn from her or his parents.</p>



<p>The fall season is when the leaves fall down and even in Paris they cover the side walks, the squares and the parks. It is the time of the year that is the most melancholic. As it might surprised many, I like being melancholic, mixing past found memories with what I am doing today. Having those too few quiet moments when one measures what has been accomplished and going through all what was failed, is bitter sweet. Like the leaves, they fall on the floor dead, but we know they grow in a few months.</p>



<p>These four seasons, the dead leaves, have been used from the beginning of time as metaphore illustrating the human life, the force of the living, the fate that all stories and especially love stories end too soon. The song mentioned as title talks exactly, the reminiscence of a lost love.</p>



<p>I hope that I did not put too much melancholic drafting some sections of this issue. I thought of this businessman at St David Eposcopal church in Northern Wilmington who told me on Sunday that I had a job the next morning. The old-fashioned American businessman, working hard, giving a chance to whom he thought was deserving, a decent man from Monday morning to Sunday. I met many of those men while living in the USA, me the foreigner, the immigrant. I feel very lucky to have started my professional live with these men at a time when it seemed to be the norm, the early 1980’s. I try in my modest way to follow the footsteps of these men while living in France.</p>



<p><strong><span style="color:#5182FF" class="color">JUSTICE KAVANAUGH’S CONFIRMATION</span></strong><br>The hearings went on for weeks. The speeches were vehement. There was a brutal opposition the entire time all the way to the last speeches at the White House. Even though I am French, I made a point of following what was happening as much as possible. I tried as much as possible to remain a witness. I watched and looked for an understanding of what was happening. The USA is deeply divided. Everybody says so, and it is quite obvious it is. This said, I would remind people that the birth of the USA as a nation showed a very divided group of people and the fight between Mr. Adams and Mr. Jefferson should put back, under scrutiny, if people think that that the USA has never been more divided. People can disagree with me about whether it was more divided then or now. I believe that this is a pointless exercise and I am just illustrating that there have always been divisions within the American population, sometimes very visible, other times hidden under the surface.</p>



<p>My point is elsewhere and I would like share it with you. France is known to put an excessive emphasis on diplomas and considers that the diplomas are the guarantee of an expertise. What has always impressed me with the USA is the emphasis on ‘get the job done and do it right.’ This is a very practical approach, a very efficient one too, that is a lot more democratic as everybody can excel and make it big. This is the essence of the American dream. If you work hard and you are good at what you do, you will make it, and sooner than later.</p>



<p>Who was invited to this American dream and how fair the system was or is, is not my topic, and I fully acknowledge that through the entire existence of the USA, there has always been parts of the population that are pretty much left out of this dream.</p>



<p>So, I always expect from the American leaders of the public and the private sector to be the best in their field since they made it to the top.</p>



<p>With the public sector, I believe that the leaders need to have a certain type of expertise, of character, and of ethics. Being French I grew up in school learning rhetoric, how to present an argument, how to structure a speech, how to write an essay, in a very formal way. Anyone who had a significant French schooling knows about “le plan.” It is the order by which the ideas should be presented in order to be clear, eloquent, and sticking to the topics.</p>



<p>From the founding fathers up to today, I hear or read very eloquent speeches, well structured, addressing very complex issues in a very understandable way. The speeches of Dr. Martin Luther King Jr., President Lincoln, President Kennedy, President Roosevelt, and so on, are still quoted today, referred to and studied in schools and universities. President Obama is very eloquent and belongs to my above-mentioned list. In recent years, about 30 years ago, I have been surprised and saddened by the fact that being well versed, broad knowledge, speaking several languages, was a handicap and not an asset when running for Congress as well as for the presidency. Still, I cannot get-over the fact during his entire campaign, Mr. Mitt Romney was never known as being bilingual in French, having had a significant experience living in France ending up in his early 20’s to be the leader of the Mormon church in France. For me, this is impressive, and shows the character of a superior leader.</p>



<p>This takes me to Justice Kavanaugh and his hearings. There are nine justices sitting on the Supreme Court, and they are supposed to be among the best judges in the entire country. Reaching that level means, to me, the need to have a superior expertise in law, an excellent temperament, a well-rounded character, and an acute respect for ethics. I listened to Mr. Kavanaugh and I was not impressed by him on any of those points. This truly says nothing about if he is going to be a good or bad Supreme Court Justice. Since I am French, that alone disqualifies me to express my judgments about this. So, I thought that this is the current situation and this should not be expected in this day and age. I did listen carefully to the hearing of Former FBI Director, James Comey, of Deputy Attorney General Rod Rosenstein, of the U.S. Attorney General Jeff Sessions. I was impressed by their eloquence, their ability to address broad issues and their calm temperament. All of them are Republican, therefore, I do not make a political issue, even on the political spectrum of being conservative versus liberal. I agree or disagree with their views, I believe that some of them did and do a good job, others did or are doing a bad job. The country is also very divided regarding these men too.</p>



<p>Then Justice Kavanaugh was facing accusations of sexual assaults, of lying under oath, and so on. With time, when there will not be a heated debate and the associated violence will have disappeared, the American public might learn for sure if some or all of it was true or false. Today, I see that the American nation is deeply hurt, and one of the reasons is that the political discourse has gone from disagreements to violent oppositions.</p>



<p>I believe that one of the solutions to have a more tamed discourse is to expect from leaders, especially in government, individuals who are only fit for the job but plain excellent.</p>



<p>So, the difference between the time of the founding fathers and today is those men who made the USA were brilliant, wise and passionate about the well-being of this newborn nation and were ready to compromise for the good of the nation. Today, I do not see much interest in the well-being of the nation, which includes far and foremost the care of all the people living in the USA. This last hearing did not show much genuine care for survivors of sexual attacks.</p>



<p>I would like to add one thing, which seems to be important. I hear a lot of Conservative Americans asking that the Pledge of Allegiance be brought back into the schools, respecting the flag and so on.<br>So, this is its current version:</p>



<p>&#8220;I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”</p>



<p>The text seems easy to understand and it guarantees rights to everybody. I want to go a step further; the USA is a Republic. There are two Latin roots “res” which means “thing” and “publica” which is for everybody. Therefore, being a citizen of a Republic means you are entitled to share with all the others the common good of the country. Since its creation and again until quite recently, this sharing was understood in the USA as the success of one person was beneficial to the others and the common good was enhanced by the successes of many and the more the better for everybody. For one thing, wages were better, when the businesses were doing better.</p>



<p>I have tried to stick to review cultural, historical and legal matters sometimes, comparing the two countries, the USA and France. What I saw, makes me take a stand in recent American events, and I still believe that I am staying away from the debate between the Republican and the Democrat parties.</p>



<p><strong><span style="color:#5182FF" class="color">VOICE FROM THE GRAVE</span></strong><br>Monday at 8PM, I got a call on the office landline. I had no idea who was calling that late. I am sure that many people wrestle with the same question in this situation, “Do I pick up this late? Or Do I let it go?” It is very tempting to ignore it and to listen to the message the next morning. But this time I pick it up. I immediately feel like a voice from the grave is calling me and am brought back almost 21 years back to the day.</p>



<p>I had just started my business in July, 1997 and picking up business had been slow during the summer. The September month had started well. I had just found a way to meet my clients in a small apartment close to my home, owned by a friend of mine who was using it occasionally for short-term rentals to tourists.</p>



<p>I was doing the Saturday morning grocery shopping nearby and saw a young woman opening the door to people while selling the homeless magazine. Our family have been giving to charity faithfully, so I rarely gave directly to people. This time I changed my mind and gave a few times, feeling that I was not doing the right thing and I could help in a different way. So, one day, I told her I did not want to give money anymore but could I help in a different way. I learned that she was here with her husband, that they were undocumented aliens, and they were truly struggling. I then proposed that she would clean the apartment I used as an office in exchange for me to review her case and to get them legal status in France. This arrangement lasted a couple of months. I passed the files to a specialized law firm. Their case was strong, so I felt I had done a good thing. Soon after, I learned they had move to the South of France. I learned through the law firm that they obtained their carte de séjour, and had a daughter. This was a happy ending nothing more to say.</p>



<p>It was this woman who was calling me to share that she had just been naturalized French with her husband and it was the last step to their complete integration after their two children, born in France, had been French for a while. I remembered her vividly, right away, as it was my very first regularization procedure I had completed. Then she told me that she manages a recycling center for a big corporation, her husband is a pastry chef, and her daughter is studying science at the nearby university in Strasbourg (the younger child is still in middle school). That second part of their life is another success story all around. I am so happy for them. All they needed was to get out from their undocumented status, and it meant finding the way to do it when they were stuck.</p>



<p>In my profession we very rarely get to know what happened once we win the cases, especially with the regularization procedures. This started with this woman and I have continued to help through the ministry of the church or just on my own. It is almost always helping through the struggle of obtaining a legal stay in France. So, when I believe that I can make a difference in these people’s life, I offer.</p>



<p>As a professional, making money is nothing more than earning a living. Whether I am paid or not is not the point, being instrumental in those success stories is for me priceless and it still gets me going with the same passion two decades later.</p>



<p><strong><span style="color:#5182FF" class="color">PUMA IS BACK ON THE NEWS AGAIN – MORE BAD NEWS COMING</span></strong><br>This has been an endless nightmare, which hasn’t gone away and seems to get worse each time the French administration does something about it.</p>



<p>I fully admit that I have advised my clients who want to avoid PUMA to sign on to be self-employed in France since this registration comes with automatic health coverage and, therefore, blocks PUMA to be implemented. It has worked every time, since despite not trying to build a successful business, the billing was sufficient to keep them just paying on their French income.</p>



<p>This is just a proposed modification of the system, but as it is coming from the government, it is quasi certain that most, if not all of it, will be voted as a law. So, it would be wise to take these new conditions into consideration.</p>



<p>I will not be able to say anymore, “just sign and do not worry about how much you make. The only real consequence is that you will be kicked out of the auto-entrepreneur status if you do not invoice anything for two years in a row. This gives us some time to think of another plan if needed.”</p>



<p>Indeed, if the foreigner needs to invoice a minimum of 8.000€ over a year, it becomes for many, serious work, that needs to be advertised and building a real clientele. Some of my clients were and some still are cancer patients who managed to get treatment while being covered by the public system. For them and the others who will become my clients in the future with major illnesses, I will need to find another secure solution.</p>



<p><strong>A member of AARO who is also a client of mine and has done excellent research on PUMA and has sent me this review of this project.</strong><br>“Article 10 of the social security budget law, filed recently, proposes several changes to the calculation of the Cotisation Maladie Subsidiaire (CSM). Grosso modo these are:</p>



<p>1) The amount of revenue from professional activity that completely exonerates payment of the Cotisation Maladie Subsidiaire (CSM) will be doubled. Currently it is roughly €4000/year, so that will become €8000. This was to be expected, as people could rather easily concoct earnings of €4000 to escape the CSM.</p>



<p>2) The threshold of revenue from capital that triggers payment of the CSM will go from 25% of PASS to 50%. So, roughly, the CSM will not be due on the first €20,000 of capital revenue.</p>



<p>3) The CSM rate will go from 8% to 6.5% of revenue from capital exceeding 50% of PASS.</p>



<p>4) There will be a ceiling on revenue subject to the CSM equal to 8x PASS, roughly €320,000. Currently there is no ceiling.</p>



<p>5) The digressive calculation is changed. (See the new paragraph 5 of Art. 380-2)</p>



<p>6) These changes will apply as of 2019, for which the CSM is paid in 2020. [Apparently there is no attempt to make payment of the CSM concurrent with income, as for income tax.”</p>



<p>This means the challenges to the CSM charges for 2016, 2017 (bills will come at the end of November) and 2018 must still be maintained.</p>



<p>These can be on several bases, including that they were levied so as to be effective prior to &#8220;affiliation,” that the definitions of residence were not complete until the arrêté of May 2017 (and we have cases where affiliation was denied many months after that date, proving that affiliation results from an evaluation and is not automatic), etc.”</p>



<p><strong><span style="color:#5182FF" class="color">GILTI TAX</span></strong><br>The Global Intangible Low-taxed Income (GILTI) is a new provision, enacted as a part of tax reform legislation. Mechanically, it functions as a global minimum tax and introduces a lot of issues for all U.S. shareholders of controlled foreign corporations (CFCs) – especially individuals and partnerships.</p>



<ul class="wp-block-list"><li>Applies broadly to certain income generated by a controlled foreign corporation (CFC).</li><li>“U.S shareholders” (as defined in the Code) are required to include on a current basis the aggregate amount of certain income generated by its CFC(s), regardless of actual repatriation.</li><li>U.S. shareholders who are domestic &#8211; C corporations (other than RICs and REITs) are eligible for up to an 80 percent deemed paid foreign tax credit (FTC) and a 50 percent deduction of the current year inclusion plus the full amount of the Section 78 gross-up (subject to certain limitations).</li></ul>



<p><a href="http://www.bdo.com/insights/tax/international-tax/the-gilti-effect-tax-reform-and-global-intangible">www.bdo.com/insights/tax/international-tax/the-gilti-effect-tax-reform-and-global-intangible</a></p>



<p>The concern many have is that the American self-employed people registered and living in France would be affected by this new legislation imposing even more fiscal obligations. It is not the case since it applies only to owning a majority shares of a non American company.</p>



<p>Also an equal split of shares does not create this obligation either because the American citizen does not meet the definition of a controlling a foreign corporation. In other word the American citizen shareholders do not own more than 50% in shares in the company.</p>



<p><strong><span style="color:#5182FF" class="color">TESTING THE LEVEL OF FRENCH FOR THE PREFECTURE</span></strong><br>There are more and more situations where the prefecture demands a proficiency in French whether to ask for a basic carte de séjour as well as for the carte de resident and French nationality. For a long time, it was mostly checked during the interview. Lately the procedures demand holding a diploma but it is not enough, the civil servant can still consider that the applicant’s French is not good enough. So schools have followed this issue and are now licensed to test and issue the sort of diploma “test de connaissance du français (TCF).” The applicants 65 and older have no obligation to take this test and therefore show this diploma. Now the prefecture still tests the proficiency with a short discussion along reviewing the file.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR CHRISTMAS</span></strong><br>The office will close for three weeks for the Christmas holidays, starting on Friday December 21st evening reopening on Monday January 7th morning. 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. I did not take much of a summer vacation so I have decided to take some time off, close to the normal length of my vacation. Of course, I will honor the prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR MY 60th BIRTHDAY</span></strong><br>The office will close for slightly over two weeks for this occasion. It will start on Friday June 14th evening and will reopen on Tuesday July 2nd morning. As always, I will only be reachable by email for emergencies and important matters as I will be out of France. The service I offer of receiving mail for clients will continue while the office is closed. I have not figured out how I will send the July issue considering the situation.</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>CHANGE OF IMMIGRATION STATUS WHEN THE MARRIAGE IS OVER<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>My wife is an employee of a multinational oil company operating in Nigeria and was on expatriation here in Paris. When she got pregnant, I had to come and assist her. Her employer secured a carte de sejour for me with full work permit. Early this year I started work on CDD contracts doing odd jobs. My wife later had to return back to Nigeria for another assignment, leaving me in France, and filing for divorce. My permit is going to expire next year October and I will need to renew it on my own as I cannot have the help of her employer anymore.<br/>I will like to know the following;<br/>How can I go about the renewal?<br/>What are my chances for a renewal?.</em></p></div></a></div>



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



<p>It is obvious that you need to request a carte de séjour on a different ground as your wife is no longer in France and you are no longer with her. The “private life” carte de séjour that you are currently holding indeed grants you all kinds of rights to work without having to ask for it with the French administration. So, the most obvious new ground could be your employee position. It is also one of the most scrutinized immigration statuses and therefore you must make sure your labor contract complies with the requirements.</p>



<p>Your job then must be such that the local branch of the DIRECCTE, which issues this right to work as an employee, will approve your request. Often people think that you need to prove that you are unique for the job in order to be approved. It is not that extreme but it captures what is at stake here. The office called Main d’Oeuvre Etrangère which is part of DIRECCTE, has a veto right based on the rate of unemployment in that job. Since close to all the jobs in France suffer some unemployment rate, this translates into a complete veto right. There are a few exceptions such as holding a French master’s degree, holding an APS, the job being mentioned on the “métier end tension” list, which are the jobs where it is very difficult to recruit. So, it is clear that you need a good job such a position, a salary at least monthly gross 2,200€, and proof of significant expertise as it is the only reason to keep you in France. In order to understand how important, the amount of the salary is I would like to identify three levels of income and their influence of the labor rights that they grant.</p>



<p>1 &#8211; SMIC is the French minimum wage<br>Gross monthly = 1.498,47 €<br>Gross yearly = 17.981,64€<br>This is the absolute minimum one must earn in France with a fulltime position.</p>



<p>2 &#8211; 1.5 time SMIC<br>Gross monthly = 2.247,71€<br>Gross yearly = 26.972,46€€<br>This is the advised minimum salary needed in order to have a decent chance that DIRECCTE reviews the request with a minimum of favorable impression. It allows the civil servant to be interested in reviewing the request for the right to work in France. Below that amount it then takes a true miracle to obtain this right, starting at that amount and above the chances of being approved are between fair to good.</p>



<p>3 – the salary amount to obtain the Carte Bleue Européenne<br>Gross monthly = 4.395,88€<br>Gross yearly = 52.750,50 €<br>This type of salary enables you to get a four-year card as it is a sub-category of the immigration status called “passeport talent’ named “Carte Bleue Européenne” and there you have 100% chances of success.</p>



<p>So, you need to get a true professional job which requires a serious expertise such that you have the best chances possible to stay in France.</p>



<p>So, since you are only getting odd jobs for short missions, you cannot hope to get an immigration status based on your employee track record or your latest job. I do not see much chances for you to stay legally in France. So, your only chance to do so is to get that good job otherwise you will lose your current immigration status without a doubt. Then it is either you leave or you stay as an undocumented alien. I am sorry to be the messenger of bad news.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>TEACHING ENGLISH IN FRANCE</em></strong></h2>



<p><em>I have received a few offers to teach for French companies, and each time I explain the limitation of my visiteur visa. One company asked me to apply for micro-entrepreneur status, after which they could hire me. My own research gave me the impression that, although I could apply for and receive a micro-entrepreneur number, such a designation does not confer the right to work and I would still be in violation of my visa. The right to work comes only with the appropriate visa. Is that impression correct?</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>I would like to isolate the issues so that I can better explain and at the end wrap it up.</p>



<p>1 &#8211; Micro-entrepreneur status is extremely vague, it just means being independent. In order to be specific, I would have identified this as being profession libérale MICRO BNC.</p>



<p>2 &#8211; a few offers to teach for French companies, I need to be very very clear even though it is right now widespread, it is illegal and it carries significant negative consequences to teach with this MICRO BNC status as French law demands that this is an employee position. In short if you are your own school and find your own students/clients then you are 100% fine. If someone sends you there it is illegal.</p>



<p>3 &#8211; I could apply for and receive a micro-entrepreneur number, indeed but it is the exact same number for all the businesses regardless of its size and is called Nº SIRET.</p>



<p>4 &#8211; such a designation (registration) does confer the right to work immediately the second the registration is secured. This is true on the URSSAF side. On the other hand, the carte de séjour does not allow you to work and this needs to be changed. This can be a serious problem if the prefecture wants to be sticky and refuses because the registration occurred before they approved it.</p>



<p>5 &#8211; The right to work comes only with the appropriate visa. Is that impression correct? &#8211; As explained above, you are incorrect, the right to work come from URSSAF/INSEE. The problem you are raising is that you do not have the right to register which is given by the prefecture.</p>



<p>WRAPING UP<br class="">I advise you to follow this procedure<br class="">1 &#8211; getting the appointment with the prefecture to present the project of the change of status underlining that you would obtain the classic MICRO BNC, and not the<em>&nbsp;Auto-Entrepreneur&nbsp;</em>one.</p>



<p>2 &#8211; the prefecture approves your project and issues you the<em>&nbsp;récépissé&nbsp;</em>that allows you to register.</p>



<p>3 &#8211; immediately after that, you register with URSSAF with the P0PL to obtain the classic status.</p>



<p>4 &#8211; about 2 months later, you have a 2nd appointment with the prefecture. They check your registration and you have started to work and they finalize the change of status. They approve this new card.</p>



<p>I advise you to look at your professional project in a very broad way so that the teaching is on paper a small portion of your business. The reality can be different.</p>



<p>Also, I help you plan your way of making money such that the risk mentioned above is between minimal to nonexistent.</p>
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		<title>« Talkin’ ’bout a Revolution »</title>
		<link>https://www.jeantaquet.com/talkin-bout-a-revolution/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sat, 01 Jul 2017 07:20:51 +0000</pubDate>
				<category><![CDATA[2017]]></category>
		<category><![CDATA[carte de sejour]]></category>
		<category><![CDATA[FISCAL LAW]]></category>
		<category><![CDATA[JUSTICE]]></category>
		<category><![CDATA[LANDLORDS]]></category>
		<category><![CDATA[TITRE DE SEJOUR]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2437</guid>

					<description><![CDATA[July-August 2017 Even if the recent news about the French election does not make everybody happy, I would like to wish all of you a great summer and a very nice vacation, as I return from mine. “Talkin’ ‘bout a Revolution” as Wikipedia notes, is the second single from singer-songwriter Tracy Chapman&#8217;s self-titled debut album, [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>July-August 2017</em></h5>



<p><strong>Even if the recent news about the French election does not make everybody happy, I would like to wish all of you a great summer and a very nice vacation, as I return from mine.</strong></p>



<p>“Talkin’ ‘bout a Revolution” as Wikipedia notes, is the second single from singer-songwriter Tracy Chapman&#8217;s self-titled debut album, released in August 1988.</p>



<p>Many may think this refers to the current American situation. Whether they are Democrats, Republicans or just totally fed up with the situation, many seem to be looking for something for another way.</p>



<p>But in fact when I chose the title I was thinking about France! Indeed, two sets of elections – first the presidential one, then the legislative – occurred back to back in less than two months. These four rounds of voting changed French politics completely. It is too soon to say if this will be a lasting change or if the traditional political parties, like the phoenix, will rise up after having seemingly pretty much disappeared.</p>



<p>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.</p>



<p>In any case, I can see things deeply changing in France :</p>



<ul class="wp-block-list"><li>1. 30 million euros were budgeted to welcome climate scientists from around the world to France; President Macron had the Americans in mind when he gave that speech.</li><li>2. French tenants may finally get decent, clean lodgings.</li><li>3. British people are eager to get French IDs and some are even asking for French nationality after centuries of disdain<br>All this is enough to feel things are completely topsy-turvy, and it seems that the entire French nation is experiencing that same feeling. So who is “Talkin’ ‘bout a Revolution”?</li></ul>



<p><strong><span style="color:#5182FF" class="color">THE RESULTS OF THE FRENCH LEGISLATIVE ELECTION</span></strong><br>Most people think revolutions involve fighting with arms, civil unrest, sometimes civil war. But while many revolutions over the years have been bloody and linked to civil war, it does not have to be like that. France, in my view, has had bloody revolutions way too often, and each time has created a new republic; the current constitution is that of the Fifth Republic. Another example comes to mind: when the Spanish dictator Franco died, a king was put in power with the same absolute power, according to Franco’s wishes. Within a couple of years, Spain had become a democracy because the king renounced absolute power, passing it on to the parliament and the government approved by it creating a political system that is very similar to that of the United Kingdom.</p>



<p>Maybe I am getting ahead of myself, but it is clear President Macron will have the support of a sizable majority in the Assemblée Nationale, the lower house of the parliament.</p>



<p>The results were:</p>



<p>President Macron’s party and allies won 350 seats</p>



<p>Traditional conservatives won 130 seats</p>



<p>Traditional liberals won 43 seats</p>



<p>The far left (sort of like Bernie Sanders) took 27 seats</p>



<p>The extreme right (Marine Le Pen’s party) won 8 seats.<br>The National Assembly has 577 seats, so the president’s group controls about 60% of them – a very comfortable majority.</p>



<p>There are two major unknowns regarding how this assembly is going to work.</p>



<p>Throughout the Fifth Republic, there has been strong discipline within the parties in terms of voting the way the leadership wants. With the presidential group, it is uncertain whether the same obedience will exist, as it is brand new and its members come from very diverse backgrounds and clearly do not share the same views on several topics.</p>



<p>At the same time, this group’s diversity is an expression of President Macron’s desire to appeal to both sides, conservative and liberal. It is thus possible that he might lose votes on one side but gain them on the other. He has said he would love this to happen. Surprisingly, knowing French politics, several major members of the assembly seem to be interested in doing so. The conservative party Les Républicains has already split in two, with a vocal minority ready to approve several of the president’s plans.</p>



<p>While it might seem this is not a big deal, for France it truly feels like a revolution, since it is impossible to know what to expect. We do not really know exactly what policies he will adopt and whether he will have the votes to implement them.</p>



<p>This uncertainty could be the main reason so many people did not vote – because they did not know whom they would be voting for. The turnout was about 44%, totally unheard of.</p>



<p>That is why so many people are talking about a peaceful revolution in the French political system, which would be a first.</p>



<p>For more info (in French), see:&nbsp;<a href="http://www.lemonde.fr/politique/article/2017/06/18/resultats-des-legislatives-2017-la-republique-en-marche-modem-obtiennent-une-majorite-absolue-estimee-a-355-sieges_5146653_823448.html">www.lemonde.fr/politique/article/2017/06/18/resultats-des-legislatives-2017-la-republique-en-marche-modem-obtiennent-une-majorite-absolue-estimee-a-355-sieges_5146653_823448.html</a></p>



<p><strong><span style="color:#5182FF" class="color">A SURGE IN BRITISH RESIDENTS OF FRANCE SEEKING A TITRE DE SEJOUR</span></strong><br>I would like to address two issues here. First, British people living in France are increasingly concerned about the consequences of Brexit and want to be sure they can stay in France. There is also a report that more and more prefectures are making it harder for British citizens to obtain a carte de séjour to secure their legal stay in France.More and more British people are contacting me to start the procedure to obtain a European carte de séjour and officially become French residents. Some of them have been in France for decades without feeling the need to register anywhere, living a comfortable life in France using only their British passport.Their obvious concern is that even though the negotiations on how Brexit will happen have just started, Britons may lose their right to remain in France legally with just their passport. Their fear is legitimate. It is impossible to forecast the end result of Brexit. Possible solutions range from the so-called Swiss status, which means free trade with EU countries and freedom of movement, to being completely outside with virtually no reciprocity, so the British would be treated like other non-Europeans, such as Americans, Canadians, Australians or Japanese.</p>



<p>So British citizens in France and probably other European countries are securing their legal stay by asking for an immigration ID. If they hold a valid ID as immigrants, Brexit is likely to have much less impact on their life. It is difficult to know exactly which immigration status they will get once the ties are cut, but the prefecture, when it comes to France, will certainly have to find an immigration status that fits their situation, and there are many to choose from. I tell my clients that asking right away for French nationality, based on just the British passport and several years living in France, is not the safest way to go. Holding a carte de séjour européenne is more than enough, since it lasts five years and Brexit should be complete by then. They will then be in a clear, secure situation.</p>



<p>There are also British citizens who have lived in France with a carte de séjour for years and would like to ask for French citizenship. This is a perfectly normal evolution, though clearly some have ulterior motives. It seems pretty obvious that holding EU citizenship, which offers the same level of rights as British citizenship before Brexit, is a strong motivation for them. Unlike all other levels of immigration status, naturalization means pledging allegiance to one’s new country, to be fully part of it in every respect. Therefore, I have no problem if Brexit and its immigration consequences make such people realize that if they do not become French, they will not be part of the EU. If they come to understand how important it is to live in France and being part of it, and this leads to submitting a naturalization request, then I am all in favor. If the motivation is just taking advantage of an opportunity, then I question such requests.</p>



<p>Aside from the criminal justice system, however, motivation is rarely a major factor in deciding what is legal and what is not. So it is quite possible that people with opportunistic motivation will become French, and there is nothing illegal about it. I question the morality of doing so, but that is a completely different issue.</p>



<p>In some cases, British citizens may have trouble obtaining a carte de séjour. A client of mine sent me an article describing difficulties British citizens have had with the procedure since the Brexit vote a year ago. Although this publication is quick to report even minor incidents related to foreigners living in France, I would think the fact that the matter has been raised before the European Commission means it has happened enough that it can be seen as a possible trend.&nbsp;<a href="http://www.connexionfrance.com/French-news/Brexit/EU-to-investigate-cartes-de-sejour-problems-in-France">www.connexionfrance.com/French-news/Brexit/EU-to-investigate-cartes-de-sejour-problems-in-France</a></p>



<p><strong><span style="color:#5182FF" class="color">PRESIDENT MACRON OFFERS AMERICAN SCIENTISTS 4-YEAR GRANTS TO MOVE THEIR RESEARCH TO FRANCE</span></strong><br>In response to President Trump’s decision to leave the COP21 Paris Agreement, President Macron made a speech inviting the American scientists to come to France and continue their work. I was not sure how far it would go, but his invitation pleased me, and I knew the carte de séjour – passeport talent included a subsection for scientists doing research. So there was every reason to conclude that there was a possibility of offering them valid immigration status under existing legislation, although what I had seen only as a possibility, many in the media referred to as if it were a sure thing.As we often say, “Put your money where your mouth is” – The French government has done so, announcing that it was budgeting 30 million euros to welcome and hire foreign climate scientists, mainly Americans.</p>



<p>As I said in the previous issue, nobody knows for sure how many American scientists will leave their positions to go to work in France. My guess is not many, and probably only for a few years if they can get French funding to finish projects.</p>



<p>While I am happy with this initiative for many reasons, immigrating demands an accumulation of reasons, feelings, hopes and fears. For many people, including Americans, work is enough to envision changing cities or even states, and many in the USA move from coast to coast even if they do not have a job secured, simply filled with hope they will make it in, say, New York or Los Angeles.</p>



<p>Moving to a different country is a completely different thing. It entails a much more definitive uprooting, with considerable work needed to be able to bloom again in the place where one has decided to settle and put down new roots.</p>



<p>Here are the most obvious reasons I think France’s invitation is a good move:</p>



<ul class="wp-block-list"><li>1 – It creates a sense of competition within the scientific community and French scientists can feel validated and challenged at the same time. This should motivate them to work even better.</li><li>2 – French public research, especially at the university and doctorate level, has been underfunded for years. This could be an excellent opportunity to seek more funding for French scientists.</li><li>3 – A country’s economy is closely linked to the optimism or pessimism of its consumers and entrepreneurs. I am not sure this decision will have an impact on consumers, especially a positive one, but I know it boosts entrepreneurs’ confidence even if their business is unrelated to the scientific world.</li><li>4 – Given the erratic legislation regarding French immigration, with changes occurring way too often, making it harder for people to obtain legal immigration status, such a change could convince postgraduate students to choose to study in France again.</li></ul>



<p>For further information, in English and French, see:</p>



<p><a href="http://www.businessinsider.com/emmanuel-macron-american-climate-scientists-france-2017-6">www.businessinsider.com/emmanuel-macron-american-climate-scientists-france-2017-6</a></p>



<p><a href="http://abonnes.lemonde.fr/climat/article/2017/06/09/l-elysee-lance-un-site-web-pour-attirer-les-chercheurs-sur-le-climat_5141058_1652612.html">abonnes.lemonde.fr/climat/article/2017/06/09/l-elysee-lance-un-site-web-pour-attirer-les-chercheurs-sur-le-climat_5141058_1652612.html</a></p>



<p><a href="http://finance.yahoo.com/news/france-offering-us-scientists-4-154100285.html">finance.yahoo.com/news/france-offering-us-scientists-4-154100285.html</a></p>



<p><a href="http://www.lemonde.fr/climat/article/2017/06/17/climat-la-france-debloque-des-fonds-pour-attirer-des-chercheurs-etrangers_5146272_1652612.html">www.lemonde.fr/climat/article/2017/06/17/climat-la-france-debloque-des-fonds-pour-attirer-des-chercheurs-etrangers_5146272_1652612.html</a></p>



<p><a href="http://www.latribune.fr/technos-medias/french-tech-visa-la-france-deroule-le-tapis-rouge-aux-talents-etrangers-740267.html">www.latribune.fr/technos-medias/french-tech-visa-la-france-deroule-le-tapis-rouge-aux-talents-etrangers-740267.html</a></p>



<p><strong><span style="color:#5182FF" class="color">NEW OBLIGATIONS FOR LANDLORDS IN FRANCE</span></strong><br>French landlords have a reputation for renting apartments in dubious condition. A survey found that 90% of apartments failed the electricity safety test and 80% the gas test. Since there were no consequences for failing, however, the places were rented as is. &nbsp;Many might think the latest regulation is another one that will have little real impact on landlords, but in fact it involves a drastic measure. If the apartment fails one of those safety checks, the apartment will be declared unrentable and get what the regulation calls a “non-décence” label (meaning “unsafe”). The regulation, effective on July 1st, applies to all buildings erected before 1975, which in Paris covers a lot of property. It may even be that the new regulation will apply criminal sanctions for unsanitary and dangerous lodging. We will see what happens soon, but this, too, feels like a revolution. French landlords will have to give their property a makeover when needed and really maintain it.</p>



<p>For more info (in French) see: &nbsp;<a href="http://www.lemonde.fr/argent/article/2017/06/06/de-nouvelles-obligations-pour-les-proprietaires-bailleurs_5139460_1657007.html">www.lemonde.fr/argent/article/2017/06/06/de-nouvelles-obligations-pour-les-proprietaires-bailleurs_5139460_1657007.html</a></p>



<p><strong><span style="color:#5182FF" class="color">MY OFFICE REMAINS OPEN IN JULY OR AUGUST</span></strong><br>Since I just came back from vacation, I do not plan any further vacation and do not expect to go away for any length of time this summer. I will likely go on extended weekend trips in France.</p>



<p>Best regards,</p>



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



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><strong><em>RETIREMENTS INVESTMENTS VIEWED BY FRENCH AND AMERICAN FISCAL LAW</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am an American who has lived in France for just a couple of years and I would like to know whether an IRA should be declared on French tax form 3916? On the US side, a French PERP is not reported on the FBAR. Is the same logic applied by the French administration?</em></p></div></a></div>



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<p>When one lives in two or more countries, things rarely fit neatly in each of them. Even treaties rarely eliminate problems but only reduce them.</p>



<p>The unpleasant answer to your question is yes, an IRA must be declared to the French tax authorities, as it is considered a bank account. Here is why.</p>



<p>First and possibly foremost, retirement funds in France are public, so individuals do not have their names on their accounts. There are numerous acronyms associated with the French pension system, and all these organizations should be considered part of the administration. All other investment vehicles are considered part of the banking industry, or rather finance industry, since in France banking, investment and insurance industry are combined, with companies offering this wide range of services.</p>



<p>The second reason, which derives from the first one, is that deferred tax or tax preferred accounts are not part of French retirement. Several of them are clearly meant to be for retirement, given the conditions in which one may start using their funds, but they are managed by the private sector.</p>



<p>One can easily compare an IRA with a PER by focusing on their similar features, and not looking too closely at the details. This is why, as you said, the IRS considers these accounts, obviously made for retirement, as similar to an IRA. But by the exact same logic, the French tax administration considers an IRA a personal bank-investment account.</p>



<p>The French equivalent of US Social Security involves organizations such as CNAV, CIPAV and RSI, to mention the most common ones. The commonest equivalents of US employer contribution and matching funds are ARRCO and AGIRC, while there are many equivalents of the IRA and similar accounts, such as are PER, PERP, PEA and<em>assurance vie</em>.</p>



<p>The biggest difference between the public and private systems is that money set aside in the public one does not go to an account that bears your name. You are accruing rights, not money. The money you put aside in a private account is always yours, regardless of limitations to using it before retirement age. The account bears your name!</p>



<p>The French administration does not distinguish between a checking account, a mutual fund, an annuity/life insurance, or a portfolio of stocks and bonds. The bank does it all. It also insures your car, your home, your business and so on.</p>



<p>As a final note, I would like to reassure you about the obligation to declare. Unlike the American IRS, the French tax authorities are currently pretty lenient about this. They just want to know if you have an account and with which organization. They are not interested in how much you have in it. Also, the consequences of not declaring are minor and consequently I am not sure the tax inspectors even enforce the requirement if they are omissions done in good faith.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>MULTIYEAR CARTES DE SEJOUR: THE SITUATION CHANGES</em></strong></h2>



<p><em>I live in the USA and I would like to live in France. Do you know if I can get a student visa and then apply for a long-stay visa? Meaning I probably have to fly back to the States and reapply?</em></p>
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<p>I could answer this question with just one line: The student visa<em><strong>&nbsp;is&nbsp;</strong></em>a long-stay visa.</p>



<p>However, that clearly would not answer the issue underlying your question. It would be better to review the fundamentals of French immigration so you can see where you stand and what it means.</p>



<p>First, except on very rare occasions, American citizens do not need a tourist type of visa because a visa waiver program allows them to stay in the Schengen zone for up to 90 days (three months). At least, that is currently the case, although ever since the US Congress created the Electronic System for Travel Authorization (ESTA), the European Union has wanted to put something similar into effect, so the situation could change.</p>



<p>For now, because of the visa waiver program, it is reasonable to assume that any American asking for a French visa will be making a long stay. If the visa is valid for a year or allows the holder to ask for a<em>&nbsp;carte de séjour,&nbsp;</em>it is probably an immigration visa, which allows one to settle in France, maybe permanently if desired.</p>



<p>A one-year student immigration visa is an immigration visa. But many other types of immigration status exist in France.</p>



<p>There are currently 6 types of immigration status. (An immigration visa turns into an immigration ID once one arrives in France.)</p>



<p>• visiteur<br>• salarié<br>• étudiant<br>• vie privée et familiale<br>• commerçant et artisan<br>• Passeport talent</p>



<p>The consequences of this categorization are critical because:<br>1 – Should you wish to change your status you can do so while staying in France, provided you meet the requirements. Changing to being an employee is different from changing to private and family life..<br>2 – Your question implies you already have in mind a step following student status. Maybe, just maybe, a student visa is not the right choice for you. You might be better off asking for the one you really want right away.</p>



<p>Obviously each type of<em>&nbsp;carte de séjour&nbsp;</em>has its own requirements. Furthermore, and this is critical, there are numerous subcategories. Thus one really needs to know pretty exactly what one wants to do in France to choose the right status at the right time. Almost all the nightmare stories one hears in the American community in France stem from one of two things:<br>1 – The file is incomplete and the prefecture asks for the missing documents, often forgetting to mention that others must be updated. This leads to numerous meetings, and the file never seems to be complete. The foreigner does not understand what is being asked for because in the prefecture’s eyes, what is needed goes without saying.<br>2 – The foreigner is asking for the wrong status, which usually results in a refusal due to non-compliance. Interestingly enough, when the wrong status does get approved, it is almost worse because it is a dead end. The situation is often impossible at renewal time. The entire procedure ends up being expensive and time-consuming for a disastrous result. The foreigner generally leaves France, unable to change or even just renew the immigration status.</p>



<p>I hope this explanation helps you make the right decision for you.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>CHILDREN’S GUARDIANSHIP AND A JUDGE’S DECISION</em></strong></h2>



<p><em>I live in France with my French partner. I was rushed to the hospital a couple of years ago, and my partner was not at home at the time. So social services took our daughter and I thought it would be for the time I was in the hospital. Two years later, they refuse to give back my daughter, invoking all kind of excuses. The last one is that one of his former girlfriends from a very long time ago has filed charges for domestic abuse and the police is taking this very seriously. I am sure he never did those things, so why are they talking about this? And even if he had done something like this about ten years ago, what does it have to do with my situation? I have an absolutely clean record with everybody. Can I tell the judge he is wrong? He should understand our situation.</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>I could say, in response, “<em><strong>You&nbsp;</strong></em>should understand your situation!” Because if you did have a thorough understanding, you would be able to conform to what the system wants. You see your situation only through your eyes. Even if this is understandable, at first, if you want to get your daughter back you need to comply 100% with the system to be seen as responsible enough to give her a good, safe home.</p>



<p>I can imagine what must have happened and why you now face this situation, which has dragged on too long for your taste.</p>



<p>You were alone with your daughter when you were rushed to the hospital, and she could not be attended to right away. Your partner was probably unreachable, and no one else was there to take her so that your partner could pick her up later. This is not a normal situation, but such things can happen. So social services took your daughter and waited to see what would happen. I assume your partner went there to pick her up. Normally, after conducting a routine interview and gathering further information, they should have let him go home with the child. This did not happen. So I am pretty sure the interview did not go well. It is not common for social services to refuse to let a father take his child. When this does happen social services become quite suspicious of what is happening in the family and will keep the child until they are sure she will really be safe at home. At this point, it has nothing to do with you but is strictly about him.</p>



<p>When you got out of the hospital, you went to see social services to take your daughter home. During the interview, you described your life and how things are going with the three of you. What you said did not change their minds about the safety of the child. Whether their decision is right or wrong is completely irrelevant. You have to either convince them the household is fit for the child or go to court, hoping to be awarded custody of your daughter.</p>



<p>There was at least one court hearing, maybe more, and the ruling went against you. At this point, you need to figure out why the judge ruled this way and what is blocking you from getting your daughter back. Something needs to change, get fixed, whatever it takes, but there is no point in telling the judge he is wrong. What you need to do is submit persuasive evidence that your home is completely safe for a child.</p>



<p>The charges brought by your partner’s ex are probably the most damaging part. If she is accusing him of a misdemeanor<em>&nbsp;(délit),&nbsp;</em>there is a three-year statute of limitations, while a felony<em>&nbsp;(crime)&nbsp;</em>has a ten-year statute of limitations. If the alleged crime was a misdemeanor it means your family is quite recent and your little girl was very young, maybe not even a toddler, when you went into the hospital. The young age of the child can raise concerns. If it was a felony, then what your partner is facing is extremely serious. At this point, whether there will be a trial or not is irrelevant. I cannot imagine social services letting the child go back to the family while an investigation is pending, which means you must wait until, in the best scenario, the case is closed and all charges have been dropped.</p>



<p>In your view of the situation, you are a good mother, which to a certain extent is not the issue. To say it plainly, your partner is probably the main reason you are in this situation. His being the father of the child gives him rights and obligations. He has not reassured the social services and it is his obligation to do so. You may never know what, if anything, he did to his ex during their relationship. You may never know what happened when he went to social services the first time. You may not realize what happened when the two of you visited your daughter or when he went alone. My guess is that there is a compounding effect of all these things and you are in for a long battle with social services and the justice system.</p>



<p>Finally, it should go without saying that he must be completely truthful with you if you want to have a chance to get your daughter living at home soon.</p>



<p>I am sorry to be so blunt, but you really have only two options.</p>



<p>You can decide your priority is your family, including your relationship with your partner; you are in for the long haul. In that case you need to accept that your daughter will probably spend some years away from you until everything is settled. You also need to think of what will happen if your partner is convicted. Indeed, it will not help your case, especially if he serves time in prison.</p>



<p>Or you can decide your priority is your daughter and this situation has helped you realize he may not be the right man for you. You get your own place and put your life back in order as a potential single mom, and probably you can have your daughter with you soon after that.</p>



<p>As I said in the beginning, you must quickly understand your situation, then make the right decision. You alone can do that.</p>
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