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’s self-titled debut album, released in August 1988.

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.

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.

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.

In any case, I can see things deeply changing in France :

• 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.
• 2. French tenants may finally get decent, clean lodgings.
• 3. British people are eager to get French IDs and some are even asking for French nationality after centuries of disdain
  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”?

THE RESULTS OF THE FRENCH LEGISLATIVE ELECTION
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.

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.

The results were:

President Macron’s party and allies won 350 seats

Traditional conservatives won 130 seats

Traditional liberals won 43 seats

The far left (sort of like Bernie Sanders) took 27 seats

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

There are two major unknowns regarding how this assembly is going to work.

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.

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.

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.

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.

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

For more info (in French), see: 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 SURGE IN BRITISH RESIDENTS OF FRANCE SEEKING A TITRE DE SEJOUR
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.

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.

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.

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.

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. www.connexionfrance.com/French-news/Brexit/EU-to-investigate-cartes-de-sejour-problems-in-France

PRESIDENT MACRON OFFERS AMERICAN SCIENTISTS 4-YEAR GRANTS TO MOVE THEIR RESEARCH TO FRANCE
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.

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.

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.

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.

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

• 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.
• 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.
• 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.
• 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.

For further information, in English and French, see:

www.businessinsider.com/emmanuel-macron-american-climate-scientists-france-2017-6

abonnes.lemonde.fr/climat/article/2017/06/09/l-elysee-lance-un-site-web-pour-attirer-les-chercheurs-sur-le-climat_5141058_1652612.html

finance.yahoo.com/news/france-offering-us-scientists-4-154100285.html

www.lemonde.fr/climat/article/2017/06/17/climat-la-france-debloque-des-fonds-pour-attirer-des-chercheurs-etrangers_5146272_1652612.html

www.latribune.fr/technos-medias/french-tech-visa-la-france-deroule-le-tapis-rouge-aux-talents-etrangers-740267.html

NEW OBLIGATIONS FOR LANDLORDS IN FRANCE
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.  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.

For more info (in French) see:  www.lemonde.fr/argent/article/2017/06/06/de-nouvelles-obligations-pour-les-proprietaires-bailleurs_5139460_1657007.html

MY OFFICE REMAINS OPEN IN JULY OR AUGUST
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.

Best regards,

QUESTION

RETIREMENTS INVESTMENTS VIEWED BY FRENCH AND AMERICAN FISCAL LAW

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?

QUESTION

MULTIYEAR CARTES DE SEJOUR: THE SITUATION CHANGES

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?

QUESTION

CHILDREN’S GUARDIANSHIP AND A JUDGE’S DECISION

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.

This is a 1992 movie staring Kevin Costner and Whitney Houston. She plays the threatened pop singer and he plays the bodyguard trained to protect presidents who becomes frustrated by the singer’s lack of understanding that her behavior is dangerous; she thinks that she is supposed to live a normal life and that he was hired to deliver just that. Eventually she understands that being safe requires changing her lifestyle and adapting to the new environment.

Several different plot elements illustrate aspects of the foreigner’s struggle to feel safe in a foreign country – the search for a protector, the need for « bodyguard » type of help, and the realization that a complete adaptation to the new environment would get rid of most of the fear. An example of this is the following exchange:

• – Professional: You are acting as if you fear that every new day brings another catastrophe.
• – Client: Yes, this has been my experience since I moved to France.
• – Professional: Do you feel the same way in your home country?
• – Client: Absolutely not, there I know that I am not in danger.

It is rare that it is expressed in such a candid way, but countless foreigners end up being crippled by this fear that is much bigger than what the issues should generate. In a society where security is getting to be one of the main concerns of people worldwide and particularly in the Western world, losing this sense of safety feels absolutely unacceptable.

Without opening the philosophical debate of what brings inner peace to people so that they feel safe, it is clear that the foreigner must have a much more objective evaluation of the situation and therefore must realize that he is facing nothing more than the same problems that he had in his country. The difference is simply that he knew how to fix them in his own country and, in the new country, he needs to learn new ways of fixing them. Seeking the ultimate bodyguard is a dangerous thing, and the professionals who help foreigners are often confronted by this impossible expectation.

VISITING OSLO AND THE SECURITY IN THE CITY
I would like to share the experience of visiting the capital city of Norway a few weeks ago. I was there about 30 years ago and a lot had changed since then, but the historical downtown, which extends from the Royal Castle to the Central train station and is several centuries old, has remained pretty much the same.

The Scandinavian way of life is visible and very poignant, even though the country has changed in three decades. The complete absence of visible security checks, including the fact that uniformed police do not bear arms, is the one thing struck me more than any other. No public buildings, including the castle, the parliament, museums or the city hall, seem to have visible built-in security. The only building in the downtown area that does is the old American Embassy! In short, in our day and age there was a place in the Western world where the shift to omnipresent security has not occurred.

People asked me if I felt safe in this environment, and YES, it felt good not to be surrounded by security personnel and devices. I could see cameras so I knew the security was monitored this way, and it did not interfere with our wandering and visits. Has Oslo made an unusual choice? Considering how many countries have gone the opposite direction, the answer is yes. This is especially true when one remembers the horrific attack by Anders Behring Breivik that killed 77 people in 2011. It is not up to me to decide whether their choice was right or wrong; clearly it was their choice and they stand by it.

ALUR – THE NEW LAW ON REAL ESTATE IN FRANCE
The loi pour l’Accès au Logement et à l’Urbanisme Rénové (law for improving access to housing and updating town planning), sponsored by the former minister for housing, Cécile Duflot, has ended up being a lot more pervasive that most people had anticipated. It changes a lot of things regarding renting and purchasing, including the notaire’s obligations, the duties of the syndic and how the French condominium association, la copropriété, now works.

For now I will just deal with some aspects of the landlord-tenant relationship. The ALUR law makes the rules for furnished and unfurnished apartments (location meublée vs. location murs nus) even more similar. It also attempts to put more limitations on the landlord regarding the contents of the lease and the amount of rent sought.

This change, which can be seen as counterproductive, took place because of a long history of abuse in the furnished-apartment rental market, which dates back to a time when short-term rentals barely existed.

In those days, the legal definition of a furnished apartment was one provided with a table, a chair and a bed. The law did not specify what kind of condition the furniture should be in. Landlords benefited because the protection given to tenants of unfurnished apartments did not exist for tenants of furnished ones. The critical issue was that landlords had the right to ask tenants to leave at the end of the lease, for any reason. Furthermore, protective clauses linked to the French concept of domicile did not exist for furnished flats. The logic was that anyone renting a furnished place had a true, stable domicile elsewhere. And yet, from the late 1970s on, almost all furnished apartment rentals were long term and the people living there considered them their home.

Law 2009-323 of March 2009, the so-called Loi Boutin (mobilisation pour le logement et la lutte contre l’exclusion), changed the situation radically. Among other things, it extended domicile-related protection to whatever address a person used to declare his/her income to the tax office. In addition, the requirement that landlords could give notice to a tenant of an unfurnished apartment only for very limited reasons was also applied to furnished apartments, as long as the rental length made it a residential lease and not a vacation rental.

The new law goes even further in this direction, defining what a tenant should be able to expect from a furnished apartment: « un logement décent équipé d’un mobilier en nombre et en qualité suffisants pour permettre au locataire d’y dormir, manger et vivre convenablement au regard des exigences de la vie courante. » Translation: « a decent lodging equipped with enough furniture in good condition to allow the tenant to sleep, eat and live there properly in terms of the expectations of daily life. »

As you can see, France has come a long way from its original definition of « furnished » as « containing a table, a chair and a bed. » Nevertheless, I am sure it will still be a long time before French landlords renting to local people realize that times have changed, and that they owe their tenants a decent place and some customer satisfaction.

Just as an aside, without going into a topic which is still a nasty can of worms, I believe that the spread of short-term or vacation rentals in Paris targeting foreigners, tourists who expect things to work perfectly to get their money’s worth showed that there were some benefits to requiring quality service.

Another change in the law, which has been described as minor but in reality is huge, is that the walk-through (état des lieux) at the beginning and end of a tenancy must now follow a strict procedure involving the filling out of a special new form. This is an effort to eliminate the classic speedy walk-through when the tenant moves in, where everything is described as in perfect or good condition without really examining the state of the rooms. The change will not eliminate complete bad faith on the part of landlords, but since it forces the use of a detailed form signed by both parties, it offers as a starting point an opportunity to go down the list and look at the condition of the floors, ceilings and walls. With the new walk-through form comes an even longer list of mandatory tests, les diagnostics, also applied to furnished rentals.

One last thing to mention, one that came from a purely political decision, is an attempt to monitor the amount of rent paid in an effort to regulate this in terms of market price. We are all waiting to see what the procedure will be, and many have expressed serious doubt that it will actually work. As a Frenchman, I am not automatically against government regulation, since this is the way France functions, but I do not see how a new monitoring body can have more power than the law of supply and demand. So I just hope it will facilitate catching the most unscrupulous landlords, which would be an improvement.

In a next issue, I will address the new rules that the law imposes regarding buying real estate.

A NEW NUMBER FOR THE PARIS PREFECTURE
Foreigners living in Paris who want to change their immigration status can only get an appointment by making a telephone call. The complaint I hear very often is that getting anyone to pick up is virtually impossible. I find it very hard myself, even when I hit the redial button as soon as I hear the busy signal. In May, the Paris préfecture made the system more difficult still, combining the information and appointment services with only one number for both. I have not tried the new number yet, but my guess is that the office is still vastly understaffed for the volume of calls received. Here is the new number: 01.56.95.26.80. Be very patient, and equally stubborn, if you need to call in the near future.

SOME OF MY SERVICE FEES WILL GO UP IN SEPTEMBER
My fee structure involves more than just the initial retainer and an hourly rate. It includes other fees for specific services, and I have not increased their rates for about 10 years. When I first started, I calculated how much time the tasks would take, on average, but the correlation no longer exists. Therefore I will increase the following fees starting on September 1st:

– Handling mail in my office: from 20 to 30 euros per month.

– Handling mail received at my home: from 30 to 40 euros per month

– Surcharge for out-of-office meetings: from 20 to 30 euros.

I am also raising the only flat fee I charge, for obtaining full residency status as an employee in France. In such cases the employer pays me to do the complete procedure, so the prospective employee gets the right to work as an employee, then the long-term visa and finally the carte de séjour. My fee for this procedure will rise from 800€ HT/1.000€ TTC to 1,167€ HT/1,400€ TTC.

OFFICE TO CLOSE FOR SUMMER VACATION
My office will be closed from the evening of Friday July 25th until 9AM on Monday August 25th. 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 will let individual clients know how to receive or retrieve their mail during this period.

As usual, there will be no August issue.

Best regards,

QUESTION

FIGHTING NOTICE GIVEN BY THE LANDLORD

I have been a tenant in my Parisian apartment for decades and have been enjoying it. The building has changed ownership several times, from being owned by a single old man then by an S.C.I. Société Civile Immobilière. Recently my apartment changed owners again and it now belongs to the son of the initial owner.
About three years ago, the son, as the manager of the S.C.I., gave notice for the apartment just above mine so that his son, the grandson of the original owner, could move in. I told the tenant that such a notice done by an S.C.I. was illegal, but nothing was done. This young adult moved in and stayed no more than a couple of months. Then a new tenant came in. Now the place is empty. I recently received a similar notice, stating that the same son wants to move into my apartment. Clearly this is a scam.
I saw a lawyer, who told me that it is impossible to stop a landlord from evicting in this situation since everything is being done legally this time. I want to fight this crook big time. Can French lawyers fight this kind of case in court?

QUESTION

A THIRD WAY TO DISMISS AN EMPLOYEE – RUPTURE CONVENTIONNELLE

After obtaining a French master’s in marketing, I accepted a low position as a junior graphic designer in an advertisement agency, for lack of better offers. I quickly hit it off with my immediate boss and I was allowed to work on more sophisticated projects, and I put in some very long hours at the office. He told me that he would ask senior management and HR to upgrade my position to cadre (management) status and redesign my job description.
I took a three-week vacation earlier this year, and when I came back, my immediate boss had been fired. So I went to see his boss, and the discussion turned very sour very quickly. All I got was a cold thank you for the passionate work I did, but my job description was never changed and I do not qualify for the so-called promised promotion. I hate them now. Even worse, they turned my workmates against me. I call this being harassed and persecuted. So I complained to my new boss, who hates me, and to HR, which answered that my disappointment created all this and I should fix my attitude. About a week ago, I told HR that I wanted a rupture conventionnelle, and therefore they should start the paperwork. They answered that this was not on offer but I could resign any time and they would accept it.

Now I want to report them to the authorities for harassment on the job, to get them to realize that what are doing is illegal. Do you think it is a good idea?