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		<title>For What It’s Worth</title>
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		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Thu, 01 Jun 2023 07:01:31 +0000</pubDate>
				<category><![CDATA[2023]]></category>
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		<category><![CDATA[property registration]]></category>
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					<description><![CDATA[June&#160;2023 There’s something happening hereBut what it is ain’t exactly clearThere’s a man with a gun over thereTelling me I got to bewareI think it’s time we stopChildren, what’s that sound?&#160;Everybody look, what’s going down?There’s battle lines being drawnNobody’s right if everybody’s wrongYoung people speaking their mindsGetting so much resistance from behindIt’s time we stopHey, [&#8230;]]]></description>
										<content:encoded><![CDATA[
<h5 class="wp-block-heading"><em><em>June&nbsp;2023</em></em></h5>



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



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



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



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



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



<p>For what it is worth! At one point, one has to say that it was worth it. It meant going after dreams, personal goals. In the eyes of many it might not look like much. For them, it was not worth the effort. “For what it is worth, it was worth it for me.” This is what I like to hear. Immigrants often never regain the social status or comforts that they had in their home country, but many tell me nevertheless that it was worth it. Let’s leave it at that.</p>



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



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



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



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



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



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



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



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



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



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



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



<p><strong>A bitter victory</strong><br>After the 1886 strike began, violent clashes broke out. In Chicago, a worker was killed on May 3rd and on the following day in Haymarket Square a bomb killed seven policemen. Eight workers were convicted of murder, of whom four were hanged and another committed suicide in jail. The three survivors were later pardoned due to uncertain evidence.</p>



<p>On May 1st, 1890, French unions commemorated these events by demonstrating in the streets to ask for an eight-hour workday. May 1st became a national holiday in 1948. The day is so protected by French law that any employee who is required to work that day gets three times the normal wage. Over the years, the holiday has been celebrated in various ways but it always ends with people marching down one of the large avenues or boulevards in Paris and most other cities in France.</p>



<p><strong>Wikipedia</strong><br>International Workers’ Day, also known as Labor Day in some countries and often referred to as May Day, is a celebration of laborers and the working classes that is promoted by the international labor movement and occurs every year on 1st May, or the first Monday in May.</p>



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



<p>The office will be closed for six weeks over the summer holidays, starting on Friday, July 7th, in the evening and reopening on the morning of Monday, August 21st. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p>Best regards,</p>



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



<div id="kt-info-box_3ab103-da" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/signature-1.gif" alt="" width="121" height="35" class="kt-info-box-image wp-image-1933"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>SELLING REAL ESTATE WITH A FLAW IN THE TITLE</em><br/></h2><p class="kt-blocks-info-box-text"><em>I am contacting you with a rather urgent question. I bought an apartment in 2005 with the landing toilet annexed and integrated into the apartment by a former owner. The right to use it was approved in 2001 and she recently told me that the work had been done several years before that. Thanks to the current syndic, I now have the minutes of this 2001 General Meeting granting her the usage of the WC.</em><br/><em>Now I wish to sell it and the notaire in charge of the transaction is blocking it for two reasons:</em><br/><em>(i) The right of usage mentioned in the minutes is nominative. Therefore it was not transferred to me when I purchased the apartment.</em><br/><em>(ii) There is no trace of any purchase of this common area, which is now part of my apartment.</em><br/><em>His position is that I cannot sell something that I do not own!</em><br/><em>So my only choice is to either get the co-ownership to grant or sell me the right to use my WC or to purchase this portion of the common area that is located inside my apartment. I have been living there for almost 20 years and this feels like insanity.</em><br/><em>I cannot wait for the 2024 general meeting, and if I ask to convene an exceptional general meeting to approve one of these two solutions it might cost up to 3,000€. Indeed I must pay in full all the costs related to holding this meeting and it might occur in a couple of months at best. I am sure I will have lost my buyer by then. Help me get out of this insanity.</em></p></div></a></div>



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<div id="kt-info-box_471bf9-bd" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">The key issue here is that French law grants automatic “private life” immigration status to the spouse of someone holding a<em> passeport talent carte de séjour. </em>By getting married in the USA, your spouse acquired that right. The questions now are: <br/>1) how do you two inform the prefecture of this new situation? <br/>2) how do you have an American marriage recognized in France to secure this right? And<br/>3) while the<em> visiteur </em>immigration status does not allow any changes for the first two years in France, how does the <em>passeport talent </em>status affect this prohibition?<br/><br/>The first step will seem counterintuitive. Everything is done now through various websites, but nowhere is there a link to change from<em> visiteur </em>to private life status <em>(vie privée et familiale)</em>. You must start by choosing<em>passeport talent </em>and not private life. Once your wife has an account created on the website dealing with<em>passeport talent, </em>she chooses the specific procedure for spouses. In effect, she submits a completely new file, as if the current one did not exist.<br/>That file contains all your documents proving your immigration status in France and why you deserve this status, including, of course, the marriage license officially translated into French. The authorities will review the request and grant the right to change immigration status. This decision will go to the prefecture and the request to produce the card will be sent to the factory.<br/>The second issue that must be properly addressed is that under the Hague Treaty, since you two were French immigrants at the time of the wedding, it should have been performed in France. However, getting married in France requires a file about as thick and complex as the one for the prefecture. Getting married in the USA is so much simpler and I fully understand your choice. The good news is that the prefecture never holds the fact that you were married in the USA against you and will accept the American marriage license without any problem. The license must be officially translated into French. It is simpler and much cheaper to have it done in France. You can find lists of official translators on numerous websites. The American Embassy mentions a few, or just do a web search using the terms<em> traduction assermentée</em>.<br/>About the third issue, the two-year prohibition needs to be addressed properly. Every time the applicant submits a<em> visiteur </em>immigration status request, it entails a statement under oath that the applicant will not seek the right to work. But the private life <em>(vie privée et familiale)</em> status grants all the rights to work that exist in France, so requesting it can be considered a contravention of the previous oath.<br/>However, the prefecture has a clearly defined hierarchy of the various types of immigration status, in which<em>visiteur </em>is the entry-level one while<em> vie privée et familiale </em>and<em> passeport talent </em>are at the top, superseding pretty much everything else. That is why the prefecture gives requests for them such a high level of scrutiny. But because of this hierarchy, the change you want is possible. That also explains why the prefecture wants applicants to start the procedure by opening a<em> passeport talent </em>account even though the spouse will never have that status.</p></div></a></div>



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<div id="kt-info-box_bcf57f-c5" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/>PROCEDURE FOR THE SPOUSE OF A PASSEPORT TALENT HOLDER<br/></h2><p class="kt-blocks-info-box-text"><em>I am contacting you with a rather urgent question. I bought an apartment in 2005 with the landing toilet annexed and integrated into the apartment by a former owner. The right to use it was approved in 2001 and she recently told me that the work had been done several years before that. Thanks to the current syndic, I now have the minutes of this 2001 General Meeting granting her the usage of the WC.</em><br/><em>Now I wish to sell it and the notaire in charge of the transaction is blocking it for two reasons:</em><br/><em>(i) The right of usage mentioned in the minutes is nominative. Therefore it was not transferred to me when I purchased the apartment.</em><br/><em>(ii) There is no trace of any purchase of this common area, which is now part of my apartment.</em><br/><em>His position is that I cannot sell something that I do not own!</em><br/><em>So my only choice is to either get the co-ownership to grant or sell me the right to use my WC or to purchase this portion of the common area that is located inside my apartment. I have been living there for almost 20 years and this feels like insanity.</em><br/><em>I cannot wait for the 2024 general meeting, and if I ask to convene an exceptional general meeting to approve one of these two solutions it might cost up to 3,000€. Indeed I must pay in full all the costs related to holding this meeting and it might occur in a couple of months at best. I am sure I will have lost my buyer by then. Help me get out of this insanity.</em></p></div></a></div>



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



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



<p><em>6. The tax laws don’t contain further definitions, beyond saying that if you have a substantial professional job in France (paid or unpaid, and no matter where you live) you can also be treated as resident.</em></p>
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<div id="kt-info-box_ca0c74-37" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text"><br/>I am afraid there are no good solutions allowing you to sell your apartment quickly and safely. Before reviewing the solutions you do have, I would like to explain how such a thing could happen.<br/>Many people think Baron Haussmann, who redesigned Paris, rebuilt the entire city. That is not quite the case, and it is important to understand what actually happened, when, and how. Modern Paris was created at about the same time the Civil War in the USA.<br/><strong>Wikipedia</strong><br/>Georges-Eugène Haussmann, commonly known as Baron Haussmann (March 27th, 1809 – January 11th, 1891), was a French official who served as prefect of the Seine (1853–1870), chosen by Emperor Napoléon III to carry out a massive urban renewal program of new boulevards, parks and public works in Paris commonly referred to as Haussmann’s renovation of Paris.<br/><br/>He redesigned the city in two major ways. First, he annexed the small communities around what was then Paris: Auteuil, Passy, Les Batignolles, Montmartre, La Chapelle, La Villette, Belleville, Charonne, Bercy, Vaugirard and Grenelle. Second, he moved to improve safety and sanitation in Paris by rebuilding a large portion of the city in its new limits.<br/>In those days, there was no electricity and the plumbing was rudimentary. Each floor had one toilet shared by the tenants. Over the years, these gradually disappeared as apartments had their own bathroom and toilets installed. The existing facilities were subsumed exactly as happened with your apartment. The entrance to the toilet from the hallway was eliminated and the owner of the nearest apartment knocked down the walls to make it part of the apartment. Some of them kept it as the toilet, as in your case, while others simply increased the size of the apartment. Often this was done illegally, as it amounts to stealing part of the building’s common area if there was no authorization by the co-ownership and no payment for purchasing it legally.<br/>Your case is a variation of this common scenario. There is an unknown, which will be critical, which is when the annexation happened.<br/>At the very least, you can prove that it has been like that since 2001 because you have an official document, the minutes of the general meeting. We do not know if the use of the facilities was given or purchased, but that does not affect your situation in any way. However, the right to use the WC was given to the previous owner personally and she had no right to sell or give it to you. This means the<em> notaire </em>who drafted your title made a professional error by not documenting the situation. It would be interesting to study your title, as it is possible that the WC is not mentioned in it and you did not notice this at the closing. (This shows why choosing an upstanding<em> notaire </em>is critical; each transaction should be an opportunity to clean up the title whenever possible.)<br/>Now, let us review the two solutions proposed by your<em> notaire.</em><br/><br/><strong>The right of usage</strong><br/>It is possible to hold a special general meeting <em>(assemblée générale extraordinaire) </em>at which there is only one item on the agenda, which must cover two critical issues: The right to use the space must be given to you by name and to your next buyer without mentioning a name; if, as you expect, you lose this sale, you need to be able to pass it on to a different buyer, and the provision must be drafted this way.<br/>The co-ownership can ask that this right be purchased. Since it has a market value, if they ask you will have to pay. This comes on top of the cost of calling the meeting. This may enrage you but it is according to the law, which is on their side. Moreover, your buyer is unlikely to accept a price increase just because you are forced to do this procedure.<br/>Drafting the agenda item and motion properly will take a lawyer or a good jurist. You could ask your<em> notaire </em>to draft it. Do not trust the syndic to do it. Given the cost to convene the meeting and what is at stake, you should not take that kind of chance.<br/>The good thing about this option is that it should only delay the sale by a couple of months or so. The bad thing is that the problem is not fixed, just prolonged until someone addresses the real issue, the fact that owner of the apartment should also own the toilet that is in the apartment.<br/><br/><strong>The purchase of this common area</strong><br/>This procedure would involve enormous costs and long delays.<br/>I must start from the fundamental side of the syndic/co-ownership, the legal side. At the moment, you are the owner of an apartment that does not contain the toilet in question. If you become the owner of the toilet, you change the size of the apartment in full ownership. That means changing the percentage of the building, or<em> tantièmes, </em>that your apartment represents. Doing so requires changing the property bylaws, which entails the following procedure:<br/>1 &#8211; Appointing a surveyor to measure the apartment as it is now.<br/>2 &#8211; Submitting the modification of the bylaws to the co-ownership. <br/>3 &#8211; Convening a special general meeting, at your expense. (You also have to pay the expert for the measurement and the modification.) The co-ownership will ask you to buy the toilet area since you want to own it. <br/>4 &#8211; If you have the votes and accept the price, then the modification of the bylaws has to be published.<br/>Once this is done, the<em> notaire </em>can transfer the entire property to your buyer.<br/>In summary, with this option you have little chance of selling before the end of 2023. It may take much longer, and I am not sure of the cost but it will be a lot.<br/>I believe a third solution may exist. It can be addressed in a couple of ways. It starts with proving that this situation has existed for over 30 years, which would necessitate a discussion of how to find definitive proof. A provision in the Civil Code refers to becoming the owner of something – almost always real estate – after 30 years of peaceful usage. You would definitely need a lawyer to make sure the provision is applicable, assuming you can prove the situation existed in 1993 or before. From what you know, this seems quite possible. It depends on the availability of the original parties and any documents about when the change was made.<br/>The second way of dealing with this – which again involves ensuring that the abovementioned Civil Code provision applies – is to explain to the buyer that there is definitely a 2001 document proving that the situation existed then, which means that by 2031 the 30 years of peaceful use will have passed. To avoid paying a private investigator to research the situation before 2001, and since time is of the essence, the best solution could be to sell with an official right of usage and explain that there could be an alternative to purchase.</p></div></a></div>



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		<title>We are the Champions</title>
		<link>https://www.jeantaquet.com/we-are-the-champions/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sat, 01 Sep 2018 06:21:29 +0000</pubDate>
				<category><![CDATA[2018]]></category>
		<category><![CDATA[apartment]]></category>
		<category><![CDATA[FREEDOM OF SPEECH]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[NATURALIZATION]]></category>
		<category><![CDATA[PASSPORT]]></category>
		<category><![CDATA[RETENUE À LA SOURCE]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2391</guid>

					<description><![CDATA[September 2018 From Wikipedia“We Are the Champions” is a song by the British rock band Queen, first released on their 1977 album&#160;World.&#160;Written by lead singer Freddie Mercury. The World Cup, Trevor Noah and French nationalityIf something could not be missed this summer in France, it was the French men’s soccer team winning the world championship [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>September 2018</em></h5>



<p>From Wikipedia<br>“We Are the Champions” is a song by the British rock band Queen, first released on their 1977 album<em>&nbsp;World.&nbsp;</em>Written by lead singer Freddie Mercury.</p>



<p><strong>The World Cup, Trevor Noah and French nationality</strong><br>If something could not be missed this summer in France, it was the French men’s soccer team winning the world championship in Russia. I am not much of a sports fan, but there are some events that are worth following, as their impact is much bigger than just winning a game.</p>



<p>Twenty years ago, the French national team won the same championship. Even in 1998, almost everybody spoke positively of the racial diversity of the national team, which in those days looked much the same as it does now.In 1998, hardly anyone dared to criticize this diversity. They were French, and they had won. The celebrations were peaceful, with very isolated exceptions.This summer it was a very different atmosphere. There was looting in the streets of Paris and fighting with police.Interestingly, a controversy arose in the USA when late-night comedian Trevor Noah expressed joy that “Africa” had won the tournament. Noah is from South Africa, where for decades soccer was the favorite sport of black people while whites preferred rugby, especially during apartheid. Not only is soccer South Africa&#8217;s most popular sport, but most members of the national team, nicknamed Bafana Bafana, have been black since the early 20th century. Black South Africans would attend rugby games just to support the opposing team as a way of showing their opposition to apartheid. By the way, “Bafana Bafana,” from the plural of the Zulu word for “boy,” means “Go, boys! Go, boys!”</p>



<p>Noah later got a letter from the French ambassador to the USA, scolding him for his statement on the grounds that the players were born in France. It would have been more accurate to identify the only clear error Noah made in his presentation.</p>



<p>Stating that the players do not look as though they have some Gallic ancestry is wrong, as the French population is not in fact descended from the Gauls, the Celtic peoples who fought Caesar.</p>



<p>This error has been made for centuries in French textbooks so it is difficult to criticize Noah for perpetuating it. Every French person has heard at least once<em>,“Nos ancêtres les gaulois”!</em></p>



<p>After Julius Caesar defeated a confederation of Gallic tribes in the Battle of Alesia, Roman influence grew in Gaul. The Romans ended up having a tiny role in Brittany – which may be the only (loosely) historical fact in the Asterix comic books! Then Germanic tribes conquered all Western Europe, defeating the Roman Empire in 476, and each tribe settled where it chose. In France, two Germanic groups grew and battled for superiority: the Francs and the Burgundians (<a href="http://en.wikipedia.org/wiki/Burgundians%20" target="_blank" rel="noreferrer noopener">en.wikipedia.org/wiki/Burgundians&nbsp;</a>) under whom the remainder of the Gallic nation was destroyed. Not until 1477 did King Louis XI, called “Louis the Prudent,” defeat the Duke of Burgundy&nbsp;<a href="https://en.wikipedia.org/wiki/Charles_the_Bold" target="_blank" rel="noreferrer noopener">https://en.wikipedia.org/wiki/Charles_the_Bold</a>.</p>



<p>The kingdom of Brittany, whose capital was Nantes, existed from 849 to 1532, when Queen Anne de Bretagne married the king of France. Brittany was independent for so long that today it is the only place in France where one still finds Gallic people, descended from the Celts. There the road signs are written in two languages: French and Breton, a Celtic language.</p>



<p>But Noah is right in saying that when members of the far-right wing made similar statements, they were using the players’ origins against them. So I understand and agree with the content of the ambassador’s letter, from a French point of view. Made in France, such statements are racist. But given what I know of Trevor Noah, South Africa and soccer there, I cannot find an ounce of racism in his statement.</p>



<p>I have always known that the French soccer team is made up of first and second-generation immigrants, as far back as one can go, and I got interested in digging up some historical facts.</p>



<p>For example, during the 1958 World Cup competition in Sweden, one of the French players was Just Fontaine. Born in Marrakech to a French father and a Spanish mother, he was the best player of that tournament, surpassing the number of goals made by Pelé, the Brazilian icon. The captain of the team was Raymond Kopa, born in Poland. In those days, if someone were to have made the same kind of remark as Noah, they would say the French team was mostly East European.</p>



<p>Then, for many years, the French soccer team no longer made it to the soccer finals until the 1976 European Cup, when the Saint-Étienne team lost to Munich. Saint-Étienne, led by brothers Hervé and Patrick Revelli, second-generation Italian immigrants, was made up of French players with origins mainly from Italy and Eastern Europe, as well as from Spain, to a lesser degree.</p>



<p>Michel François Platini is regarded as one of the greatest footballers of all time. He won the Ballon d&#8217;Or three times, in 1983, 1984 and 1985. He is also a second-generation Italian. Then there was the 1998 team, which won the World Cup – led by Zinedine Zidane, born in Marseille to Algerian Kabyle parents.</p>



<p>As I continue to look at French history, I realize that the first wave of immigrants in modern times came from Poland, starting in the late 19th century. By the time it flattened out in 1931, some 500,000 people had immigrated to France. About 30 years later, French players of Polish origin were represented on the French soccer team.</p>



<p>Another wave occurred right after WWII: between 1945 and 1970, 1.8 million Italians came to France. It was the third wave of Italian immigration and the biggest up to then. About 30 years after the beginning of this wave, they were represented in French soccer.</p>



<p>Another massive wave started when Algerian independence was declared in 1962. By the time it ended in 1982, the Algerian population of France had grown from 350,000 to 800,000. About 30 years after this wave began, players of Algerian origin were represented in French soccer, as they still are today.</p>



<p>Does it really matter? Yes and no. Clearly, from its creation by the German tribes called the Franks, France has been a country made by continuous waves of immigration, unlike most other European countries, which historically saw their population emigrating, mostly to the USA.</p>



<p>Soccer in France is played mostly by low-income people, and is especially popular in cities dependent on heavy industry. Thus it makes sense that it takes about 30 years to bring these populations to the top of the game.</p>



<p>The chanting heard the night of France’s World Cup win, continuing very late into the night, just reminded me that France stands by its tradition of welcoming immigrants, as it was created by immigrants themselves. For any country, welcoming immigrants is never an easy thing. Immigration brings out the best as well as the worst in people.</p>



<p><strong><span style="color:#5182FF" class="color">THE IRS AND HOLDING AN AMERICAN PASSPORT</span></strong><br>A new policy authorizes the US Internal Revenue Service to block the issuance or renewal of an American passport to American citizens who are in arrears or have pending tax issues. If you owe the IRS more than $51,000 in taxes, it may not be possible to get a new passport or renew an existing one. Your passport might even be taken away.</p>



<p>The media has mainly reported that the IRS says some 362,000 Americans could fall into this category by the end of this calendar year. This situation could represent a significant limitation on travel freedom.</p>



<p>The regulation is very likely to be extended to American citizens living outside the USA who have not met their IRS obligations. Many Americans citizens living in France have never filed annual declarations, or stopped doing so. A plausible scenario is that, if such people visit the USA, they will not allowed to leave if they appeared on the authorities’ radar when they entered the country and this information was passed on to the IRS to see if they have met their fiscal obligations.</p>



<p><strong><span style="color:#5182FF" class="color">A RECENT NATURALIZATION PROCEDURE </span></strong><br>The following account (lightly edited for clarity) was sent by one of my clients who recently obtained French citizenship. We are regularly told now that this procedure takes less than a year. I am sure the prefecture is working on it, but clearly it is not happening yet. This one took two years, almost to the day:</p>



<p>“I sent my file on July 11, 2016. My appointment occurred at the prefecture on December 7, 2017. The file then was sent to Rezé, where the registrar of<em>&nbsp;l’état civil des non residents&nbsp;</em>is located, during the month of February. My name was published in the<em>&nbsp;Journal Officiel&nbsp;</em>on July 8, 2018. So, the whole process was almost two years. I have requested my birth certificate and am waiting for that now.</p>



<p>“According to other cases and statistics I have seen, this timeline is currently average for Paris for naturalization by decree (other departments are quicker; it seems Paris is the slowest). Most people are having to wait at least a year to get an appointment in Paris, and sometimes closer to 18 months.</p>



<p>“My understanding was that the ‘official’ one-year (max. 18-month) timeline for a decision starts only from the time of the interview. In fact, the agent told me that day to expect to wait up to a year for a decision (in the end it was only seven months). Perhaps the discrepancy is in how the time is calculated.”</p>



<p>I confirm what this client says. I will keep you posted if I see a significant increase or decrease in how long it takes to complete the process. The truth of the matter is that everybody knows the concept of the procedure taking one year refers to the time between the file reaching the prefecture and the official decision being published in the&nbsp;<em>Journal Officiel.</em></p>



<p><strong><span style="color:#5182FF" class="color">FREEDOM OF SPEECH ON SOCIAL NETWORKS</span></strong><br>At first social media was seen as fun. The idea was to share pictures and emotions, keeping people informed. Social media, especially Facebook, is now criticized by some for allowing unacceptable messages, while others find this criticism to constitute censorship. I am staying away from this debate, as France has rather strict laws limiting what people can say regarding specific topics, especially for publication. France and the USA have very different views on the definition of freedom of speech.</p>



<p>Recent French Supreme Court decisions shed some light regarding its consequence on social media and hence the limits of the individual right of freedom of speech on Facebook. The cases involved an employer who fired an employee for negative posts that damaged the employer’s reputation. In most cases, this is considered a valid reason to fire an employee, as there is a loyalty obligation as well as an obligation to work for the interest of the employer. The key question is whether the message can be considered slander or objective criticism.</p>



<p><a href="https://abonnes.lemonde.fr/emploi/article/2018/07/25/critiquer-son-employeur-sur-internet-mieux-vaut-y-reflechir-a-deux-fois_5335564_1698637.html">https://abonnes.lemonde.fr/emploi/article/2018/07/25/critiquer-son-employeur-sur-internet-mieux-vaut-y-reflechir-a-deux-fois_5335564_1698637.html</a></p>



<p><strong><span style="color:#5182FF" class="color"><em>RETENUE À LA SOURCE</em> – INCOME TAX WITHHOLDING STARTS ON JANUARY 1st 2019</span></strong><br>I first mentioned that this would happen in my July-August 2015 column. The tax office has been communicating by email and post about this enormous reform, and now people are receiving information about exactly how it will be done. The bottom line is that the employee will have the money withheld by the employer; for the self-employed, the tax office will take a set amount from the bank account linked to the income declaration.</p>



<p>Many in the French media continue to state that the system is not ready yet and could lead to some serious problems. The one segment of the population that will escape this new policy is people working for private individuals, who are the cleaning ladies, the nannies, and the tutors among many others.</p>



<p>The French administration has come with several sophisticated explanations for this exception, but they are not at all convincing. It is pretty obvious what happened. The French pay slip is so complex that it is nearly impossible for anyone but a French CPA to issue a valid one. Therefore, over 20 years ago, on December 1st 1994,<em>&nbsp;le chèque emploi service universel&nbsp;</em>was created so that URSSAF, a division of the French administration, would issue those pay slips. URSSAF is very qualified to calculate social charges, as it collects them from businesses. I am sure the people who planned the new policy totally forgot this type of situation. Only about 250,000 people nationwide fall into this category, which does not match either of the two situations mentioned above.</p>



<p>The people affected are employees, but the employer is not issuing the pay slips; the tax office could take the money from the employees’ bank account but they are not self-employed, even though some of them have a lot of employers. I have known some cleaning ladies who have ten employers at once.</p>



<p>But URSSAF has not had the time to add this new function to the service it already offers. It really requires redesigning the calculation of the bill sent to the employer.</p>



<p>Many of the employees affected have very low wages and therefore do not pay income tax. This may be another reason the French administration did not push as hard as for the other categories: there will be very little money to collect.</p>



<p><a href="https://abonnes.lemonde.fr/politique/article/2018/07/05/le-prelevement-a-la-source-decale-d-un-an-pour-les-salaries-des-particuliers-annonce-darmanin_5326048_823448.html">https://abonnes.lemonde.fr/politique/article/2018/07/05/le-prelevement-a-la-source-decale-d-un-an-pour-les-salaries-des-particuliers-annonce-darmanin_5326048_823448.html</a></p>



<p><span style="color:#5182FF" class="color"><strong>TAX OWED ON 2017 INCOME IS DUE SEPTEMBER 15th</strong> </span><br>This is the last year in French history that people pay their income tax in the traditional three installments on February 15th, May 15th and September 15th. The new system will be implemented on January 1st 2019, as mentioned above. There is a special office in the Parisian suburb of Créteil for residents of Paris. It used to be that the two divisions of the French tax administration involved in the reform had different locations. Today they share the same buildings, but still function as separate entities. Nevertheless, the September 15th deadline will be retained so as to wrap up any discrepancies between what was paid and what is owed.</p>



<p>Best regards,</p>



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<p>There are several issues here; to give you a complete answer I would need to write the book on renting in France.<br>Let’s start with the right of first refusal. Your lease may be so old that it does not mention this right, which you now have. It used to apply only for “bare wall” leases, which were considered the only ones granting primary residence protection. The regulation has since evolved, and now covers all situations in which a tenant rents a primary residence. The fact that you were not offered this right means one of two things: it is grossly illegal and the sale can be blocked by a notaire, or you will change landlords and stay a tenant, in which case there is no obligation to offer to sell the place to you. It would be very interesting to know how the real estate agency is going to advertise the sale: empty or rented?</p>



<p>Signing an exclusive sale mandate with a real estate agency is totally legal and there is nothing you can do about it. If you never made a formal offer to buy the place, the landlord can claim that he did not know you were serious about it. You have to have offered an exact amount to buy the apartment and be able to prove your claim.</p>



<p>He is right that with an exclusive sale mandate all offers must be sent to the real estate agency, as it is certain to get the commission on the transaction even if the buyer learns about the sale without going through the agency.</p>



<p>I believe the best strategy is for you to make the agency an offer, with a very long period of validity, of what you consider the right price for an apartment with a tenant – which means a significant discount, about 10% or maybe more depending on how long the lease lasts.</p>



<p>The offer must comply with the requirements that make it legally binding. You could go so far as to have it done through a notaire to ensure that it is rock solid.</p>



<p>Send it to both the owner and the agency. It is very likely that with the commission the agency expects, your offer will at first be considered unacceptable. But it depends on what happens next. If the apartment sells at the asking price, you are out of luck. But if the sale takes some time and they lower the price, every time this happens you should send a new offer quoting the original price.</p>



<p>In the end, there may come a time when both owner and agency prefer to take a lower amount and be done with the sale. Count on the agency to lobby in your interest once it makes financial sense to them.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>SPOUSES OF DIFFERENT NATIONALITIES IMMIGRATING TO</em> </strong></h2>



<p><em>I am American and my wife is Filipina. After a couple of years of marriage and just a few months living together in the USA, she has been denied residence status for technical reasons. We are continuing the legal battle to extend the time before deportation, without much hope of success. So, she will be forced to leave as early as February 2019. We might make it to May 2019 at best. We have been through so much, emotionally, being rejected by my home country, coming to terms with leaving my grown children and the beautiful financial situation I have worked my life to attain. I am proud to run a successful business. Our only choice appears to be to commit, financially and emotionally, to a new life in France. Having our visa requests rejected would be a catastrophe. In the hope of success, we have chosen either Dordogne or Occitanie to be our new home.<br>Most immediately, we need to know if she has the right to apply for her French long-term visa in our French consulate in the USA or if she will need to return to the Philippines to apply. What are our chances of success?</em></p>



<p><em>Let’s assume that she is successful in obtaining her long-term visa at either location. I would then need help in securing permanent residency for both of us. This means I need to work to sustain our stay in France. I believe that living in France is our best choice and maybe the only one, considering her status. I have nightmares thinking about what can happen if our visa requests are rejected. I hope and pray for a yes, against all odds, considering what we went through. Please help us.</em></p>
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<p>Allow me to explain, step by step, what most likely led up to this situation.</p>



<p>I fully understand how you feel. Your first and foremost priority is to secure your immigration process to France, ideally to reach 100% success. Allow me to address your three critical issues, which are:</p>



<p>1 &#8211; Your wife’s visa request: where and how to submit it?</p>



<p>2 &#8211; Which visa also gives you the best right to work and how quick is the complete process, not just the procedure?</p>



<p>3 &#8211; Which visa request ensures the most complete success?</p>



<p>In that order: First, I assume that the reason she lost her residency is because she committed what is considered to be a criminal offense. The offense is criminal exclusively from an American point of view and according to points of American law, not French. It is possible and even probable that these “criminal” offenses will have a negligible influence on the French visa request. What you should be worried about is getting the process completed before the date of her deportation from the USA. My experience and French law lead me to believe the decisions are made in consideration of the situation current the day the visa request is submitted. For her, this means she has legal status right now, even though she knows she will lose it. The sooner you submit the request for visas, the better the chance that you will be able to file your requests at the same time in the same consulate in the USA and that you will be able to travel together.</p>



<p>If she is deported sooner than you expect, which is possible given current immigration policy, she can still obtain an immigration visa from the French consulate in the Philippines. It will be based on your ability to secure her lodging and resources in France. The unknown here is the timing; it could be several months after you arrive in France.</p>



<p>I often use the image of a tractor-trailer in such situations. That is, your visa request is the stronger one – you are married and want to move with your wife to France, therefore, she will also get a visa. This changes what has been happening. Ideally, you are together at the consulate and you are the door opener; she is not applying on her own. Needless to say, today French immigration law is much easier to comply with than America’s.</p>



<p>Second question, which visa to choose? Without exactly knowing your profession and situation in the USA, I envision four or five types of immigration status you can choose from. The dilemma is that the easier and hence faster ones grant fewer rights. The harder and slower ones grant complete rights to you both, including full rights to work. We should review your immigration request as being for the couple, not just you.</p>



<p>To illustrate this dilemma, let’s compare the best choices at each end of the spectrum.<br>1 – The faster one – visiteur<br>To obtain a visiteur visa, you must basically prove that you have the means to live in France, you have secured an address in France and you have an insurance policy that provides health coverage in France and repatriation. Approval can come very quickly. If you have the paperwork ready, it should take less than two months. This status must be renewed every year. But it does not allow either of you to work in France, and most prefectures demand that you remain a visiteur for two years before you can change your status. This means significant financial hardship if you cannot earn money through your US business while living in France. You need to be 100% certain that this is possible over the long term.</p>



<p>2 – The slower one – passeport talent, subcategory 8 mandataires sociaux, or subcategory 5 créateurs d’entreprise<br>An example of mandataires sociaux: You run a corporation in the USA and then you create a branch in France. The branch needs an executive director – i.e. you. So you submit to the French consulate a complete presentation of the American corporation, the French branch, the legal paperwork naming you director, and a complete business plan with very solid financing, proving that this is a sustainable French business. The review of the visa request alone often takes two months, not counting the time it takes to put the file together.</p>



<p>With créateurs d’entreprise you do not need to create corporate representation in France. Being self-employed in France is enough, which speeds up preparation of the file. Unlike subcategory 8, however, you must prove you will invest a minimum of 30,000 euros to create the business. If you run a consulting business, this could be very challenging.</p>



<p>The good news, in both cases, is that both of you get four-year immigration status; in your spouse’s case, it is vie privée et familiale status, which carries full rights to work in France.</p>



<p>Two other categories are possible, but they are much less advantageous.<br>• &#8211; Visiteur profession libérale is for a sole proprietor business in your own name. It is a tad better than above, as you have the right to work in France and your market is the EU. Your spouse gets visiteur status, which carries no right to work for two years and must be renewed annually.<br>• &#8211; Commerçant includes the managing director of a corporation, whether a branch, a subsidiary or a French creation. There is no other real requirement except financing and proof of expertise. Your spouse again gets visiteur status.</p>



<p>Also, in both of these cases, expect the review of the request to last some months. While a profession libérale request can take less than two months, commerçant often exceeds two or even three.</p>



<p>Let’s get a little technical at this point so you can envision the short- and longer-term issues. Here are all the current types of immigration status:</p>



<p>• visiteur<br>• salarié<br>• étudiant<br>• vie privée et familiale<br>• commerçant et artisan<br>passeport talent, which has ten subcategories, each with different grounds for legal residency</p>



<p>• 1.jeunes diplômés qualifiés salariés ou salariés d’une jeune entreprise innovante<br>• 2.travailleurs hautement qualifiés (carte bleue européenne)<br>• 3.salariés en mission<br>• 4.chercheurs<br>• 5.créateurs d’entreprise<br>• 6.porteurs d’un projet économique innovant<br>• 7.investisseurs économiques<br>• 8.mandataires sociaux<br>• 9.artistes interprètes<br>• 10.étrangers ayant une renommée nationale ou internationale (domaine scientifique, littéraire, artistique, intellectuel, éducatif ou sportif).<br>To address your third question, on which visa request is most likely to be successful, we need to look again at the types of status we discussed for you, determining how secure your chance of success is in each case.</p>



<p>There are now five types of carte de séjour, compared with eight a year ago. The eight were:</p>



<p>Visiteur is extremely secure because the requirements are basic and therefore easy to comply with.</p>



<p>Visiteur profession libérale is a lot less secure because the French administration needs to evaluate the business creation proposal and read the business plan.</p>



<p>Commerçant is the least secure because the administration evaluates everything and there are a lot more requirements.</p>



<p>Passeport talent créateurs d’entreprise is quite secure once you prove you will invest 30,000 euros in the first year.</p>



<p>Passeport talent mandataires sociaux is extremely secure because you control 100% of the paperwork and once the French business representation has been created, there is no space for the administration to say no.</p>



<p>You are facing a very tough choice right now, and I would like to add something to reassure you. I am not sure which type of immigration is best for you. It might be possible for you apply for any one of the five kinds of residency status mentioned above. As you can see, there are several ways to obtain French immigration status, and, all things considered, the requirements are more or less easy to meet. This should reassure you when it comes to obtaining and maintaining French immigration status for the two of you.</p>



<p>I wish you the best of luck.</p>
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