First, I would like to wish you all once again a very happy and prosperous 2023! There is a point at which we need to fill ourselves with optimism, regardless of what is happening around us.

Happy New Year!

I believe many of us, and probably all of us, think that 2023 must find a way to be better than 2022. For most of us, this will require more faith and less time following the news.

French custom dictates that New Year’s wishes can be expressed until the end of January, so I have managed it a few hours before the deadline.

Don’t Let It Bring You Down 
Old man lying by the side of the road
With the lorries rolling by
Blue moon sinking from the weight of the load
And the buildings scrape the sky
Cold wind ripping down the alley at dawn
And the morning paper flies
Dead man lying by the side of the road
With the daylight in his eyes
Don’t let it bring you down
It’s only castles burning
Find someone who’s turning
And you will come around
Blind man running through the light of the night
With an answer in his hand
Come on down to the river of sight
And you can really understand
Red lights flashing through the window in the rain
Can you hear the sirens moan? 
White cane lying in a gutter in the lane
If you’re walking home alone
Don’t let it bring you down
It’s only castles burning
Find someone who’s turning
And you will come around
Don’t let it bring you down
It’s only castles burning
Just find someone who’s turning
And you will come around
Don’t let it bring you down
It’s only castles burning
Just find someone who’s turning
And you will come around

“Don’t Let It Bring You Down” is the seventh track on Neil Young’s 1970 studio album, After the Gold Rush. It also appeared the following year as the ninth track on 4 Way Street, the third album by Crosby, Stills & Nash, their second as Crosby, Stills, Nash & Young and their first live album – which is the version I know. That album shipped as a gold record and reached No. 1 on the Billboard 200.

I have always been intrigued, amused and impressed that my two children listened non-stop to this album for about a year when they were young teenagers. At the very least, they were raised with good music and lyrics.

After David Crosby’s death last month I had hoped to find a song by him that I knew and liked and whose title I could use. This was as close as I could get. I trust my readers will consider it to be close enough.

Sadly, a long list of things in France and the USA could be linked to this song. I see no point in mentioning them, however. We need a ton of faith to think that 2023 will bring great things and that many things will get fixed. At the same time, I know that with my own faith and determination, this year is going to bring a lot of good things, even though there will be several challenging projects.

The world and our countries would be very different if we never let anything bring us down. As far as I am concerned it is a matter of faith first and then using wise business sense – always in that order. So whenever you need it, remember: “Don’t let it bring you down”!

THE CHOICE OF OFFICIALS THROUGH THE ELECTORAL PROCESS 
“When stupidity is considered patriotism, it is unsafe to be intelligent.” – Isaac Asimov.

When I read this quote, it made me reflect on several instances where some elected officials and members of the executive branch have shown significant flaws in the positions they held. This in turn recalled a topic I mentioned a long time ago, in the November 2018 issue.

During the 2012 presidential campaign, Mitt Romney, the Republican candidate, was heavily criticized by both Democrats and numerous Republicans for speaking fluent French. I have no interest in discussing his political views or his career in general. As a Frenchman in France, I consider the ability to speak several languages as a plus for politicians at any level of responsibility. Here, according to Wikipedia, is how Romney became fluent in French.

“In July 1966, he began a 30-month stint in France as a Mormon missionary, a traditional rite of passage in his family. He arrived in Le Havre, where he shared cramped quarters under meager conditions. …

Romney soon gained recognition within the mission for the many homes he called on and the repeat visits he was granted. He became a zone leader in Bordeaux in early 1968, and soon thereafter became an assistant to the mission president in Paris. …

When the French expressed opposition to the U.S. role in the Vietnam War, Romney debated them. Those who yelled at him and slammed their doors in his face merely reinforced his resolve.

In June 1968, while in southern France and driving an automobile that was hit by another vehicle, Romney was seriously injured. The crash killed one of his passengers, the wife of the mission president.

Romney then became co-president of a mission that had become demoralized and disorganized after the May 1968 general strike and student uprisings and the car accident. With Romney rallying the others, the mission met its goal of 200 baptisms for the year, the most in a decade. By the end of his stint in December 1968, he was overseeing the work of 175 others. As a result of his experience there, Romney developed a lifelong affection for France and its people and has remained fluent in French.”

This reminded me of the expression “Pardon my French,” which of course I never use. I feel odd every time I hear it. Again from Wikipedia.

“‘Pardon my French’ or ‘Excuse my French’ is a common English language phrase ostensibly disguising profanity as words from the French language. The phrase is uttered in an attempt to excuse the user of profanity, swearing, or curses in the presence of those offended by it, under the pretense of the words being part of a foreign language. Also derived from the attempt to disguise the French term for ‘the seal’ – ’le phoque.’

At least one source suggests that the phrase ‘derives from a literal usage of the exclamation. In the 19th century, when English people used French expressions in conversation they often apologized for it – presumably because many of their listeners (then as now) wouldn’t be familiar with the language’. The definition cites an example from The Lady’s Magazine, 1830.

Bless me, how fat you are grown! – absolutely as round as a ball: – you will soon be as embonpoint (excuse my French) as your poor dear father, the major.”

But back to Mitt Romney, there is now a similar trend in France and several other European countries in the sense that to be elected or nominated for a government position, it is a big advantage to seem close to the people, to look and sound like them. In my view, this goes against the fundamental mission of leadership. I believe it requires impressive knowledge and experience in managing complex situations, as well as being a skilled negotiator. To me, having international experience and a worldview on issues is a must, but I understand why this might not be the case in the USA.

www.wamu.org/story/12/02/10/on_the_trail_romney_avoids_his_french_connection

FRENCH TENANTS’ RIGHTS ARE BEING CHALLENGED 
The National Assembly voted on December 2nd, 2022, to approve a law increasing penalties and other consequences of squatting in a property, whether it is someone’s primary or secondary residence. It is now awaiting discussion in the Senate. This is a significant breakthrough, as the bill reduces non-paying tenants’ rights.

Since 1954, the rights of tenants and, more generally, of people occupying a home have increased over the years, building on the concept that all French residents have a legal right to a home. Once someone has established their primary residence one way or another, the law protects this residence. Both the court and administrative procedures, especially combined, are very much against owners. In recent years there had been attempts to regulate these rights but they were marginal and did not help.

Recently the French media has reported situations where people break into someone’s secondary residence. It takes about three years to get them out, on average, and the inside of the house is usually destroyed by then. Another scam that appeared a few years ago and is now quite common involves a crook organizing a break-in at an apartment or a house and getting paid a cash commission, most often by a family who sign a lease that at first glance looks legal. The family then puts the utilities in their name, using the lease. The French courts and police have a very hard time getting such families evicted.

For those who are interested, you review the details of the new legislation here:
www.vie-publique.fr/loi/287344-proposition-loi-anti-squat-occupation-illicite-des-logements-expulsion.

THE SURVIVAL HOME IN PARIS (SHIP) IS FULLY OPERATIONAL
The first tenant moved in on January 3rd. As she is a friend of my wife, she got preferential financial treatment in exchange for being the first renter and testing everything for a month. This led to some minor adjustments. The story I like the most is that when I was asked if the kitchen was fully equipped, I said yes. After a trip to IKEA and a receipt totaling 303€ for all that was missing, now the kitchen really is fully equipped! I had a SHIP logo made, so I should soon have the website ready, with pictures and presentation. So far, we already have the studio rented through August 2023.

GOING THROUGH A NATURALIZATION INTERVIEW AT NANTERRE
In December a client went through an appointment for nationalization at the Nanterre prefecture. Afterward he shared with me the questions asked. Applicants often have a lot of anxiety about these interviews, fearing that they have to know everything about France – especially the culture, literature and history – back to Roman times. This report shows what is being asked.

The topics may differ from interview to interview. The goal of this meeting is less to check the applicant’s knowledge of France than to evaluate their ability to explain and describe a variety of unrelated topics in French, jumping from one to the next. Being able to do this demands a good level of French as well as feeling at ease speaking it. In short, the French administration is not checking the level of French grammar so much as the fluidity and ability to converse the French way.

Here is my client’s report:
“She went over my file and all my documents and confirmed everything, asked some questions about my family and where they live, how long my contract will last if I had a CDI.

Why do you want to be French? 
Do you see yourself in France in 10 years? 
Are you part of any associations? 
Do you own property in France or abroad? 
What are the nationalities of your entourage in France? 
How often do you visit your home country? 
Do you still have close ties to your home country? 
What cities in France have you visited? 
What river goes through Paris? 
What river goes through Lyon? 
What is democracy and what do you think about it? 
Is voting important to you? 
Serving on a jury? 
What is France’s currency? Describe each value. 
What are the rights and duties of a French citizen? 
What are the colors of the French flag? 
What is the symbol of France that is a woman? 
Describe the events of July 14th and why it’s an important day in French history
Describe laïcité and give your opinion of it. 
What is your opinion of freedom of expression? Does it have a limit? 
Who is the current prime minister? 
What is the French healthcare system called? When was it started? 
Name an important French person in history and why they are remarkable to you
Do you think men and women are equal in France?
How many countries are in the EU and which country just left?”

A READER REACTS TO THE SONG “WIND OF CHANGE”
A reader writes, referring to the December issue:
“I just had to write you following this month’s column.

To jog your memory, a few years ago I introduced you to the owners of XXX where you helped my American former colleague R. with her status.

You and I met when I first arrived here around 2005 at a talk you gave at the American Church if I recall – and I’ve read every one of your columns since then. I applied for and got my French nationality, with ALL the usual administrative hiccups and after a multi-year process, a few years ago. I can honestly say that without being a reader of your columns, I would have gone mad! However, you armed me very well – and I was able to laugh at some of the administrative inconsistencies and insane requests and soldier on! So, thank you for that. I doubt you often receive such feedback, but you should!

So why this [letter]? “Wind of Change” and the alleged CIA connection. Of course, I have no idea of the truth or not of such things, but I highly encourage you to listen to this podcast series on it. You and I are about the same age and have similar musical tastes, so if nothing else this will take you on a delightful and well-produced stroll down memory lane, I am certain: https://crooked.com/podcast-series/wind-of-change.

Enjoy should you choose to dive in, and no, I have no connection to crooked media but confess to being a regular listener to some of their pods.”

And here is my reply:
“Thanks for your message and your appreciation of my column. Indeed, I rarely receive such a nice comment about the help my column carries to people.

I might sound more cynical than I am. An unusual number of readers told me about the CIA creating/composing/drafting the lyrics of this song. Even if it is true, at this point I do not care; singers are not always composers.

What I do know is that the Scorpions performed behind the Iron Curtain, including in today’s Russia. They put their bodies on the line in defiance of Communist regimes.

Whoever wrote it, I care about the band because their lives were and still are affected by the existence of the Iron Curtain and what it meant. That is why I compared the song with “We Shall Overcome.” In the USA the people singing the latter song in the South, while demonstrating and risking their lives, also did not compose the lyrics, but they were living them.

I will just add that if the CIA did indeed write the lyrics, they did a darn good job, catching the spirit of that time very well.

REFUGEES COMING TO FRANCE AND RELATED PROCEDURES 
Pretty much since we moved back to France, I have been helping refugees, usually from anglophone Africa and Asia, often through a few non-profit organizations and local churches. These people can experience serious difficulties securing their immigration at renewal time as well as having a very hard time going through the regulation program, which makes it possible for an undocumented alien to obtain a legal stay. There are also asylum seekers, who face a complex and lengthy procedure.

As soon as I read the first article linked below in the newspaper Le Monde, I decided to share it with my readership. We hear so much about immigration and asylum seekers, but rarely an accurate description of what the procedure is and who the individuals seeking this status are. I was impressed by the neutral and accurate description of what these people go through, who was accepted and who was refused, and why. That is why I share it here, hoping some of you can find a way to have it translated into English, (for example, using the free DeepL translation program, https://www.deepl.com/translator).

As the second article linked below shows, the French government is working once again to pass legislation with significant political motivations. Thus it will result in further chaos concerning types of status the government considers “bad immigration” and will not help with what they deem “good immigration.”

By contrast, when the prefectures started to issue cartes de séjour valid for several years based on simple and clear guidelines, no one in the government mentioned this reform and hardly any major media outlets mentioned the changes. I believe this was the last efficient and positive reform related to immigration. The same is true of the many new online procedures. All those reforms were purely pragmatic, efficient and relatively easy to implement, all things considered.

www.lemonde.fr/societe/article/2022/12/29/demandeurs-d-asile-a-montreuil-le-grand-oral-pour-obtenir-le-statut-de-refugie_6155963_3224.html
www.lemonde.fr/politique/article/2022/12/21/renforcement-de-la-double-peine-titre-de-sejour-pour-les-professions-medicales-le-gouvernement-a-finalise-son-projet-de-loi-sur-l-immigration_6155229_823448.html

Best regards,

QUESTION

ISSUES RELATED TO A TENANT’S PROOF OF ADDRESS

We are a couple of Americans living in California. Normally we never rent out the Parisian apartment we have owned for 15 years in the 15th. A friend of ours asked if we could help his daughter. We signed a one-year furnished contract in mid-December to start on the 1st of January. All the money owed, i.e. one month’s deposit and one month’s rent, appeared in my account early.”
Then she informed me that she would not be able to be there for the walk-through scheduled on Monday, January 2nd, but it would be done with a friend of hers who lives in Paris. Reluctantly I gave the keys to this man and had the entry walk-through form signed in two copies. I became very worried and upset when I received a copy of the tenant insurance statement of coverage issued in both names.
I now fear that this person may move in with my tenant. Is there anything I can do?

QUESTION

ASKING FOR A LONG-STAY VISA

I am an American and I have now scheduled my move to Paris in the early spring. Please let me know what I need to do for the visa. I would like you to describe the procedure and what goes in the file.

The Best Is Yet to Come
Out of the tree of life, I just picked me a plum
You came along and everything started’ in to hum
Still it’s a real good bet
The best is yet to come
Best is yet to come and babe, won’t that be fine? 
You think you’ve seen the sun
But you ain’t seen it shine
A wait till the warm-up’s underway
Wait till our lips have met
And wait till you see that sunshine day
You ain’t seen nothing yet
The best is yet to come and babe, won’t it be fine? 
Best is yet to come, come the day you’re mine
Come the day you’re mine
I’m gonna teach you to fly
We’ve only tasted the wine
We’re gonna drain the cup dry
Wait till your charms are right, for these arms to surround
You think you’ve flown before, but baby you ain’t left the ground
A wait till you’re locked in my embrace
Wait till I draw you near
A wait till you see that sunshine place
Ain’t nothin’ like it here
The best is yet to come, and babe, won’t it be fine? 
The best is yet to come, come the day you’re mine
Come the day you’re mine
And you’re gonna be mine

Wikipedia
“The Best Is Yet to Come” is a 1959 song composed by Cy Coleman to lyrics by Carolyn Leigh. It is associated with Frank Sinatra, who recorded it on his 1964 album It Might as Well Be Swing accompanied by Count Basie under the direction of Quincy Jones. It was the last song Sinatra sang in public, on February 25, 1995, and the words “The Best Is Yet to Come” were etched on Sinatra’s tombstone. Although Sinatra made it popular, the song was written for and introduced by Tony Bennett.

Although it is a love song, I find the title appropriate for the times we are living through, as good news is mingled with bad. I do not see the need to specify what I consider to be the good and the bad news. I believe the vast majority of people are trying to be cautiously optimistic. They hope the good news will continue to offset the bad, even though many are experiencing serious hardships. The economy in both the USA and France includes rising inflation but also low unemployment.

Many see the reelection of the French president, Emmanuel Macron, as having averted a serious risk, since the far-right candidate did not win the presidential election. Yet it is going to take more than that to make French people feel safe and reassured.

On a much lighter note, we can count on nice weather coming soon, and many of us are planning pleasant moments during the summer.

THE FRENCH PRESIDENTIAL ELECTION 
I wrote this just a few minutes after the French media announced President Macron’s reelection. The polls had indicated he would probably win. Still, the accuracy of polls can be questioned, especially when they are trying to measure a new situation. It would be a mistake to think that this was just a rerun of the last French presidential election, in which the same candidates ran. The first and most significant difference was that this time there were two strong appeals to voters. One was “Tout sauf Le Pen” i.e., vote for anyone except Ms. Marine Le Pen to prevent France from electing a far-right president. The other similarly opposed President Macron, “Tout sauf Macron.” This was new; such a thing was unheard of in modern French history. Of course, the second round of the presidential election is always particularly contentious, as it is a true duel. In that sense, it resembles the American presidential election. But there is a lot of hatred of President Macron, and the wave of strong anger many French people feel against his policies involves a significant part of the French electorate. These people were ready to vote for anyone, including a far-right candidate, and they did.

Hence there was serious concern about how close the vote would be. French politics would shift considerably if there were just one percentage point between the candidates with a result like 50.5% for President Macron and 49.5% for Ms. Marine Le Pen. The definitive victory of President Macron (58,60%) over Ms. Marine Le Pen (41,40%), indicates a possible continuation of French political life as we know it. This said, winning with such a significant margin says nothing about whether President Macron will continue governing the same way he did during his first term.

One issue many commentators mentioned concerned Jean-Luc Mélenchon, who came a close third in the first round. He is usually described as an extreme leftist by French standards, which makes him too liberal to fit in the American political spectrum. Under normal circumstances, most of his votes would have gone to President Macron in the second round. But polls showed his supporters were split into three groups. One-third was expected to vote for President Macron, one-third was expected to vote for Ms. Marine Le Pen, and one-third was expected to refuse to vote in the second round. It now appears that this projection was pretty accurate. It is hard to believe that such a thing could have happened. It shows two things. First and foremost, in my view, is how incredibly strong the call “Tout sauf Macron” was. Also, Ms. Marine Le Pen has become a highly skilled politician with a lot of experience. She has worked for years to give the appearance of a moderately conservative politician and make her political party seem to fit into the normal French political spectrum. The extent that she succeeded would have been impossible for her father, Mr. Jean-Marie Le Pen, whose political career was anchored on his far-right views.

As I said in my previous issue, this election takes France into uncharted territory. Now there is a possibility that President Macron will not achieve a stable majority in the elections for the National Assembly. This next big test for France takes place in June. The election of députés to the Assemblée Nationale, the equivalent of the US House of Representatives, will again be in two rounds.

“A SURVIVAL HOME IN PARIS” IS SLOWLY PROGRESSING
The purchase procedure for the apartment project I described in my last issue got under way on April 13th when my wife, Paula, and I signed the preliminary sale contract, the promesse de vente. The closing should occur three months later. After that, the renovations should take about one month. Even though the summer months, and especially August, are not full vacation months the way they used to be, this is not problematic as I assume the place will not be ready to be rented until sometime in September. Right now, I am finalizing the estimate and hoping there will be as few last-minute crises as possible. I am also looking at furniture and appliances, as they are also important to an enjoyable stay for guests.

I plan to rent out this one-room studio of almost 329 square feet (30 square meters). My goal is to rent by the month for between one and six months. Clients sometimes ask to use my address, which they need to give to the consulate and later the prefecture while hopping from one weekly rental to the next before finding a more stable place and settling down with a longer-term lease. This truly unpleasant experience can be avoided now that I have an address in Paris where the person can go straight from the airport. The studio can serve as a place for someone who has either secured a long-stay visa or is submitting a request for one. It will be an interim place for such people to stay. It could also be for someone who is in France on a 90-day visa waiver to “test drive” whether living in France is for them. After 25 years of offering “A Survival Kit for Paris,” I will now also be able to propose “A Survival Home in Paris” for those who need it as an extension of my services.

For those who do not know, my office is located in the 11th arrondissement between Nation and Bastille. It is a real up-and-coming arrondissement, and the property is served by five metro and RER lines.

The new space will need some renovation before clients can benefit from a comfortable and enjoyable stay. Thus I need to set aside some time to work on this project. I might give appointments a month or more later than usual because of it. I will let my readers know when I start taking reservations, which should be during August, once the renovations are well under way.

RENTING BELOW MARKET PRICE TO GET A SUBSTANTIAL TAX CREDIT
In many of the world’s cities, rental housing is too expensive for many people. This is one reason the city of Paris has been losing population for years. Among several policies to address the problem, one of the better known is rent control, which took effect in Paris on July 1st, 2019. Now the national government has launched a program that, instead of punishing landlords for setting rent too high, offers a tax credit to those willing to rent below the market rate. I am not sure how successful this policy is going to be, as it may be too complex to be efficient. Here is how the administration explains it:

Loc’Avantages came into effect on February 28th, 2022. Property owners willing to set the rent lower than what is usual in a given municipality sign a six-year agreement with the National Housing Agency (ANAH) and in exchange they receive a tax reduction on the rent collected, ranging from 15% to 65%.

All housing, new or old, is eligible for Loc’Avantages, regardless of when it was purchased. Unfurnished property must be rented for a minimum of six years to a tenant with limited resources who is establishing his or her main residence. The owner may choose to apply a discount of 15%, 30%, or 45% to the local market rent. The lower the rent, the greater the tax reduction on the rent received.

www.lemonde.fr/argent/article/2022/03/04/comment-fonctionne-le-nouveau-dispositif-qui-permet-de-louer-moins-cher-et-de-beneficier-d-une-reduction-d-impots_6116076_1657007.html

URSSAF IS BLOCKING BUSINESS REGISTRATIONS BECAUSE OF THE CARTE DE SEJOUR
French law requires that foreigners must wait to register their business with URSSAF provided they hold an immigration status that allows this registration. Oddly enough, for many years it was possible to register the creation of a business with URSSAF without having the proper immigration right to do so. This happened only when the business was registered online rather than in person, and I assumed that the URSSAF employees in charge of reviewing these business applications neglected to thoroughly check the cartes de séjour. As long as the ID of the applicant was valid, the registration went through. It is important to note that applicants with completed business registrations needed only one appointment afterwards at the prefecture, during which both the applicant’s project and the URSSAF registration were checked…and generally such applications were approved! To my dismay, personnel at the prefecture were pushing the applicants to carry on with this illegal procedure, apparently in an effort to avoid the necessity of scheduling a second appointment. Several times I asked different civil servants working at the prefecture where thesecarte de séjour requests based on business registrations were handled if it was now established policy to accept an illegal registration with the wrong carte de séjour. The responses I received were affirmative.

I saw a change in January 2022 with the URSSAF online registration procedure. It was no longer possible to complete registration with the wrong carte de séjour. I first tried to register a business online for someone holding a “visiteur” carte de séjour. More recently, I tried with an applicant holding a student visa. In both cases, we were unable to complete the registration. I conclude that the government is now systematically blocking requests made with the wrong carte de séjour. It is going to be very interesting to see how the prefecture is going to handle this change. I will keep my readers updated about this.

THE PREFECTURE’S REQUIREMENT FOR RESOURCES EQUIVALENT TO FRENCH MINIMUM WAGE
On various forums and media targeting the expat community, I see a lot of confusion about a financial requirement that is applied to mostcartes de séjour issued. Applicants must nearly always prove that they earn or at least possess resources equivalent to the French minimum wage (salaire minimum de croissance, or SMIC). For some sub-categories of “passeport talent” cartes de séjour, the requirement is even higher, but always referred to as a ratio of the SMIC. I copied the quote below from the website of a small rural prefecture and translated it. One thing that might surprise many readers is that foreign clergy hold “visiteur” cartes de séjour. The French administration does not consider foreigners holding a religious position to be employed in France. Note that the administration does not differentiate among religions.

“Your total resources must be at least equal to 1.231€ a month. The benefits and allowances that are not taken into account in the calculation of resources are the following: the Revenu de Solidarité Active, theAllocation de Solidarité Spécifique, and the Allocation Temporaire d’Attente.” 

These are subsidies similar to welfare in the USA, which is why they are not included in the evaluation of whether the foreigner has the means to stay in France.

“The applicant must choose as the source of resources ‘Other support (religious function)’ if they are:
– a foreign national who is a minister of religion or a member of a religious congregation or community by his or her diocese, community, or congregation of origin to a diocese, community, or a congregation in France for a fixed or indefinite period;
– or a foreign minister of the Muslim faith seconded to France by his government for four years to exercise religious functions.”

THE CROOKS OF THE CONTINUING EDUCATION FUNDS
Sadly, whenever there is a program dedicated to people who need it, crooks tap into it hoping to fool enough people to make a lot of money. For a couple of years, people have been contacted in many ways – usually by phone, SMS or email – about financing for continuing education. The communication almost always claims to be official information about your rights, so people pay attention. And the part about the rights is true. French continuing education is financed in such a way that the vast majority of people living in France, citizens and immigrants alike, have rights to continuing education funds. They are financed either by the employer as part of the social charges paid, or by self-employed people themselves when they pay their social charges (it is the last line on the URSSAF form). Pôle Emploi, the French unemployment agency, also has access to this financing to help people get jobs faster. The many ways of financing continuing education include the Congé Professionel de Formation (CPF) and the Congé Individual de Formation (CIF). Which one is appropriate depends on whether the candidate is an employee, job seeker, etc. Candidates can be guided in their search by the continuing education service of the institution offering the training.

If you are an employee, a member of a profession libérale or other self-employed person, a collaborating spouse, temporarily self-employed, or a job seeker, the CPF/CIF is automatically credited at the beginning of the year following the year worked; e.g., the rights acquired in 2021 are available in the first quarter of 2022. The rights remain available even in the case of a change of employer or loss of job.

The way the crooks operate is to get you to provide your full name and French social security number. Then they contact the organization managing the financing of your account and register you with what I would call a fake school, which gets paid without any courses being given and without your knowledge. This can happen without the victim’s knowledge, since people rarely check their continuing education account to see what the balance is.

The first Q/A of this issue goes into detail on the French continuing education system, both its funding and how to become a teacher paid with such funds.

This is a text message I received a couple of days ago that illustrates exactly what I am talking about. Vous allez perdre vos droits à la formation (C.P.F). Consultez votre budget & réclamez votre formation 100% prise en charge : cutt.ly/BAuAYPr

You will lose your continuing education credit (C.P.F). Check your budget & claim your continuing education rights 100% free: https://cutt.ly/BAuAYPr

MY FEES WILL INCREASE ON SEPTEMBER 1st, 2022
I continue to slowly move toward working fewer hours in the hope of having a lifestyle more compatible with my age. As I have done in the past, I am once again scheduling an increase in my fees. I expect my assistant to continue to pick up more tasks linked to the URSSAF, CPAM and other public offices procedures. She already handles most dealings with the offices who register self-employed people. 
1st meeting/1st work: 350 euros for 2 hours 
Extra per hour: 150 euros 
Handling mail in my office: 50 euros per month 
Handling mail at my home: 60 euros per month 
Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation 
Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.

OFFICE CLOSED FOR SUMMER VACATION
The office will be closed for three weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. 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.

MY BUSINESS HAS A NEW FACEBOOK PAGE
Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.

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

You are welcome to join:
https://www.facebook.com/rattachement

Best regards,

QUESTION

FRENCH FUNDING FOR CONTINUING EDUCATION

I am British and I was born in France but I am not French. I would like to apply for naturalization. I have a carte de séjour as a British citizen till 2026 that allows me to perform any professional activity. I have been offered work teaching English conversation in person at a small private language school. I have over twenty years of teaching experience in several British universities. I was told that I need a numéro de déclaration d’activité (NDA) number and I do not know what it is nor where to get it. There are a few things I’d like to communicate further. I have a C1 level in French. I have a website linked to my teaching and editing-proofreading business. I assume I do not need to include any foreign tax forms for this request, which I gave to the prefecture. Thank you for telling me how to get it right away, this school is waiting for me.

QUESTION

SELF-EMPLOYED CARTE DE SEJOUR AND BEING AN EMPLOYEE ARE NOT COMPATIBLE

I have a carte de séjour pluriannuelle (profession libérale) and I am being offered a CDI job in a different industry from my profession libérale. Is it illegal for me to do that? I read an article on the URRSAF website saying that I can be both an employee and self-employed as long as it is not in the same industry. I hope this is OK as I already have the CDI with a private employer. Moreover, I submitted my dossier for citizenship with this. They accepted my dossier and they have not said anything. I need to be reassured, because something feels wrong.

I would like to wish you all you a great summer and a very nice vacation, enjoying the freedom of the moment.
I will start mine in ten days 

When I get older, losing my hair,
Many years from now, 
Will you still be sending me a Valentine, 
Birthday greetings, bottle of wine? 
If I’d been out till quarter to three
Would you lock the door? 
Will you still need me, will you still feed me, 
When I’m sixty-four? 
You’ll be older too
And if you say the word, 
I could stay with you. 
I could be handy, mending a fuse
When your lights have gone. 
You can knit a sweater by the fireside, 
Sunday mornings go for a ride. 
Doing the garden, digging the weeds
Who could ask for more? 
Will you still need me, will you still feed me, 
When I’m sixty-four? 
Every summer we can rent a cottage
On the Isle of Wight, if it’s not too dear. 
We shall scrimp and save. 
Grandchildren on your knee: 
Vera, Chuck and Dave. 
Send me a postcard, drop me a line, 
Stating point of view. 
Indicate precisely what you mean to say, 
Yours sincerely, wasting away. 
Give me your answer, fill in a form, 
Mine forever more. 
Will you still need me, will you still feed me, 
When I’m sixty-four?

Well, not quite – I just turned 62, the ripe age to retire in France. Some days I feel as old and in as bad shape as the song states. By the way, we do not have grandchildren yet! My birthday was yesterday.

After over two difficult years, I am seriously looking forward first to my vacation, starting in a few days on July 9th, as well as decreasing my workload starting in September so it is compatible with my age. One thing needed is stricter control over my schedule. Way too often I meet clients at lunchtime so I can accommodate their urgency. In retrospect, I realize this is no longer sustainable.

Even though there should be no more curfew or confinement in the foreseeable future, I have enjoyed getting home in time for dinner, and will make sure I continue to do so.

I am happy that I continue to have projects I want to do and the desire to get a few things done, both personal and professional. I have no intention of retiring but I have come to terms with the fact that I need to slow down. I also count on the pandemic being pretty much behind us: even though it will be a new normal, things will likely settle down to the extent that I can put together robust plans for my clients, knowing the rules and regulations are no longer liable to change overnight.

EXPECTATIONS ABOUT BEING OLD 
Another song sung by the young about being old and at the end of a career, like “When I’m Sixty-four,” is a French one. “Quand j’étais chanteur” (when I was a singer) came out in 1975, when the artist, Michel Delpech, was only 29 years old. It is a bold move by young artists, early in their career, to sing about its end. The vast majority of people do not like to think about getting old and what it means in terms of staying fit physically and mentally.

Western culture glorifies youth, being athletic, having a perfectly toned body. Asian and African cultures, by contrast, traditionally value older age, which they associate with knowledge, wisdom, authority.

HANDLING CULTURAL DIVERSITY 
I have been a fan of John Oliver since his debut with The Daily Show. His Wikipedia bio states:

“John William Oliver (born 23 April 1977) is a British-American comedian, writer, producer, political commentator, actor, and television host. Oliver started his career as a stand-up comedian in the United Kingdom. He came to wider attention for his work in the United States on The Daily Show with Jon Stewart as its senior British correspondent from 2006 to 2013. … Since 2014, Oliver has been the host of the HBO series Last Week Tonight with John Oliver.”

I watch this program online the Monday after it airs, when it becomes available on YouTube. Recently Oliver addressed two topics that resonated with me personally.

“hair, specifically black hair” on May 10th 
The first was “hair, specifically black hair.” I have been a member of the African Fellowship of the American Church in Paris since 2003. I have learned a lot and continue to be honored to feel I belong there. This connection has led to many interesting situations stemming from cultural differences and my need to quickly adapt. Oliver’s commentary in his May 10th segment called “Hair” was 100% right: Either you were born with it or you have no idea what it means, unless you have been personally confronted with the issue. I was amazed how balanced the program was. Although this white, British-born man admitted he had no grounds for addressing the issue, he managed to explain its many facets in a caring way.

Like him, I am a complete outsider. I had no idea about this issue until I was faced with it. About 15 years ago, I met with a friend from Zimbabwe one Saturday afternoon in Paris’s Chateau Rouge neighborhood, which is largely African. Most everything from the continent is available, and almost as much business is done on the sidewalk and even the street itself as in the shops. Eventually we went into beauty product shops. She went in first and I followed. What I was used to seeing, regarding hair care, was not there. Instead, I discovered a new world. Even the topics of discussions were different.

Eventually, I walked into one such shop first, momentarily blocking my friend from view. “A fish out of water” would be a major understatement. I was met by the saleswomen with total disbelief. It was inconceivable that I could have any business there. Clearly, I did not belong. A few seconds later, my friend stepped up and the situation went back to something more normal.

That is how I became familiar with this issue and with the huge disconnect between the standard hair care industry in the Western world and what it means to have black hair. 
You can watch the segment here: www.youtube.com/watch?v=Uf1c0tEGfrU

“Asian Americans” June 7th 
About a month later, Oliver’s main topic was Asian Americans. My wife and I used to be active members of the Multicultural Couples group at the American Church, which was started about 15 years ago. The members were often Franco-American couples, but not always. I remember a Spanish-Russian couple who had to do everything twice – wedding, baptisms – since their families were traditional and religious, so the ceremonies had to be first Catholic and then Orthodox. Stuck in the middle, this couple had to deal with all kinds of issues, the most obvious being juggling how and when to celebrate Christmas and Easter.

Another couple who caught my attention were both East Asian. Their story was a true eye-opener, and still fascinates me all these years later. In both cases, their parents came from the area of Wenzhou, a port city in Zhejiang province, China. Thus they spoke the same dialect, ate the same food, were raised with similar parental styles in the same culture and traditions. During their courtship, they felt they had everything in common and there were no cultural differences for them. Only after they married and had lived together for a while did they realize how far apart they were culturally. The husband was born and raised in Canada and the wife in the Belleville neighborhood of Paris. One was a Canadian citizen, educated in Canada, with Canadian reflexes. The other was French, with French schooling and everything that goes with it. Unlike the other couples in the group, they had never expected to have to adapt to each other’s culture and deal with obvious differences.

On June 7th, John Oliver’s segment titled “Asian Americans” dealt with the diverse population in the USA with origins in Asia, especially Southeast Asia. Along with Chinese immigrants, with whom they are often conflated, these people have been the victims of racist aggression in recent years, especially since the beginning of the pandemic. John Oliver discussed the stereotypes associated with Asian Americans. Regardless of whether they reflect reality, stereotypes are hurtful. 
Once again, I was impressed by how easy he made it seem to explain complex issues in detail:www.youtube.com/watch?v=29lXsOYBaow

Recalling these episodes of Last Week Tonight was an attempt to choose some lighter topics and stay as far as possible from the political issues of the moment. It is aligned with my job which is, among other things, to adapt to the cultural differences, which I face while trying to help foreigners living in France.

FRENCH LOCAL ELECTIONS
On consecutive Sundays, June 20th and 27th, France held elections for the regional and departmental levels. Turnout is always lower in local elections than in national ones, which involve presidential elections. This time, the vast majority of eligible voters stayed away, setting a record low of 33.28% voters. Of course, everybody has an explanation and blames others for the situation. I do not believe there is just one reason or one person to blame. But a particular reason I have heard makes sense to me, although I am sure it is not the only one and may not be the most important.

France’s regions have their roots in provinces that were formed after the fall of the Roman Empire. They have always had strong cultural identities. Even today, some have their own languages, not always with Latin roots. Law No 2015-29 of January 16th, 2015, turned 22 historical provinces into 13 regions, thus aggregating areas that often had little in common except being next to each other. In American terms, it would be like joining Texas and Louisiana in a single unit just because they share a border. True, Brittany and Corsica were left alone in the reorganization. Both had suffered terrorist attacks in the 1970s in campaigns for independence from France. This may have deterred the central government from changing their status. These two exceptions could make my comparison with Texas and Louisiana less pertinent.

The real issue is that one motivation for voting is to feel engaged in matters. Ideally, it is things like knowing the candidates personally and having an opinion on local projects that draw people to the voting booth.

Also, there were two elections at the same time, as the one for thedépartements had originally been scheduled during the pandemic. The structure of the départements has scarcely changed in 200 years. I cannot remember France ever conducting elections for two levels at once, though this is the norm in the USA, with multiple ballots.

Many think the French democratic system is in crisis. If the low turnout in June proves to be an isolated incident, COVID-19 may be one of the main reasons. But I am not convinced of it.

ALL TYPES OF VISA ARE NOW AVAILABLE
For a long time, I was asked almost daily when the French consulate in Washington, DC, and VFS Global’s offices would fully reopen. Now information I am getting through my clients indicates that things started to move after June 9th, and it seems that everything was back to normal by the 21st. That is so recent that I do not know how easy the visa issuance is, the timeframe for each type of visa, and so on. Overall, though, this is going to facilitate my work a lot, making it much easier to help clients plan their immigration projects.

CONSEQUENCES OF BREXIT AT THE PREFECTURES
Advice on French administration websites says if you could prove you settled in France before December 31st, 2020, you had to file your request for an EU card by June 30th, 2021. Then the actual carte de séjour must be available before September 30th. Those who settled after December 31st have no EU card available and they have to prove grounds for residency as defined by the six types of cartes de séjour:

• – visiteur
• – étudiant
• – salarié
• – vie privée & familiale
• – commerçant & artisan
• – passeport talent

Hence, I strongly advise British people to ask for immigration status immediately by booking an appointment with VFS Global. The challenge is to put together a file corresponding to one of the choices above. In my experience, many British people got used to coming and going, having part of their life in France, while never establishing solid roots that would enable them to obtain a carte de séjour. It will be a rude awakening to find out that they need to ask for a visa and give a reason in order to spend more than three months in France!

TENANTS LEAVING AN APARTMENT UNOCCUPIED CAN LOSE THE LEASE
The tenant of a primary residence is well protected and almost nothing can be done to jeopardize the right to stay there. As almost everybody knows, it can take about three years to expel a non-paying tenant. I have reported on a case where a tenant lost their right for running an Airbnb rental business, and common sense indicates that engaging in criminal activities and living in deeply unsanitary conditions would also affect the right to stay.

Now a court decision has shed light on a more obscure provision: occupying the premises. One would think it is evident that a person would only pay rent for a long time if they live there. But the pandemic led to situations where people left their rented lodgings vacant for a year or more. Even if such a pandemic occurs only once a century, situations where rent is paid for months or even years, without anyone staying there, exist more often than one would think.

The tenant of the main residence must occupy it “effectively and continuously,” i.e., at least eight months a year, failing which the lease may be terminated. The Cour de Cassation, the French Supreme Court, in a ruling on May 6th, 2021, shed some interesting light on this issue. It involves the terms of the standard lease, which state that the tenant must occupy the lodging. This is also a provision in French law.

Obligation du locataire d’occuper effectivement et personnellement le logement. Lorsque le logement est occupé à titre de résidence principale, le locataire est tenu d’user paisiblement des locaux loués suivant la destination qui leur a été donnée par le contrat de location (loi du 6.7.89 : article 7).

In other words, “The tenant is obliged to effectively and personally occupy the dwelling. When the dwelling is occupied as a principal residence, the tenant is obliged to use the rented premises peacefully according to the purpose assigned to them in the rental agreement.”

Here is a summary of the case in question: In 2014, the landlord wondered if the tenant still occupied the premises, even though the rent was paid. He went to court to obtain the right to verify the tenant’s presence. A bailiff forced the lock and observed that the apartment “had not been inhabited for a long time.” This was confirmed by the minimal water consumption and the presence of unopened mail dating back to 2008. The tenant lost the lease as a result.

I am sure it is extremely rare for a tenant to pay rent on an apartment left empty for years. Still, many foreigners are unaware of the importance of the primary residence, and therefore of choosing one. The primary domicile address is the cornerstone of a large part of the French legal system, despite the fact that in 2021 hardly any postal mail is still delivered.

www.lemonde.fr/argent/article/2021/06/05/immobilier-le-locataire-qui-s-absente-trop-risque-l-expulsion_6082950_1657007.html

MY BUSINESS HAS A NEW FACEBOOK PAGE
Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.

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

You are welcome to join:
https://www.facebook.com/rattachement

SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 9th to AUGUST 23rd
The office will be closed for a month and a half, starting Friday, July 9th, and reopening on Monday, August 23rd. As always, I will be reachable by email for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.

THE SEPTEMBER ISSUE ALREADY HAS A TITLE
Dreamboat Annie was the band Heart’s first album. A reader challenged me to title the next issue this way. Two years ago, for the July 2019 issue, I was faced with the same challenge with “Father and Son” by Cat Stevens. This time the challenge is much more difficult.

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

Best regards,

QUESTION

IS SELF-EMPLOYMENT IN FRANCE & EMPLOYEE IN THE USA COMPATIBLE?

Following your answers read on Facebook, I’m just asking a follow-up question. With a micro-entrepreneur permit in France, as a consultant, I leave France for a year or two to take up a job in country X. During that time, I pay micro-entrepreneur related taxes to France and job-related taxes to X. At this time, I’m a fiscal resident of France but since I don’t have a physical residence in France, will that be a problem if I want to count this time of absence towards my applying for residency (= ten-year card) in France? I noticed that in your answer, you mentioned legal and fiscal residency is needed even though one lives abroad. So what constitutes legal residency?

QUESTION

OWNING AND SELLING REAL ESTATE IN FRANCE: CAPITAL GAINS AND PRIMARY RESIDENCE

I own an apartment in Paris in full. I finally got in there after almost two years of being blocked. I never want that to happen again. I need to secure my stay in France once and for all. My apartment is quite spacious and therefore great for a family of three children in the 16th arrondissement. Now that I am single and an empty nester, I need to downsize some and get to a livelier neighborhood. My children want to keep a place to stay in Paris, but I am afraid of French estate taxes. Right now I am even more afraid of the capital gains tax I will pay when I sell the apartment

Cold, late night so long ago,
When I was not so strong you know, 
A pretty man came to me. 
I never seen eyes so blue. 
You know, I could not run away it seemed
We’d seen each other in a dream. 
Seemed like he knew me, he looked right through me, yeah. 
“Come on home, girl” he said with a smile. 
“You don’t have to love me yet, let’s get high awhile. 
But try to understand, try to understand
Try, try, try to understand, I’m a magic man.” 
Winter nights we sang in tune, 
Played inside the months of moon
“Never think of never let this spell last forever.” 
Well, summer lover passed to fall, 
Tried to realize it all. 
Mama says she’s worried, growing up in a hurry, 
“Come on home, girl,” Mama cried on the phone. 
“Too soon to lose my baby yet, my girl should be at home.” 
“Try, try, try to understand, he’s a magic man, Mama, ah, 
He’s a magic man.”

Wikipedia:
“Magic Man” is a song by the American rock band Heart released as a single off their debut album, Dreamboat Annie. Written and composed by Ann and Nancy Wilson, the song is sung from the viewpoint of a young girl who is being seduced by an older man (referred to as a Magic Man), much to the chagrin of her mother, who calls and begs the girl to come home. In an interview, Ann Wilson revealed that the “Magic Man” was her then boyfriend, band manager Michael Fisher, and that part of the song was an autobiographical tale of the beginnings of their relationship.

I saw this band in the summer of 1981 at Radio City Music Hall in New York, and I believe I own just about all their albums. As I was going through the biography of the band recently – which in effect means the lives of these two sisters – I realized how autobiographical and intimate the lyrics were.

Nevertheless, the lyrics are timeless, describing a situation that must have occurred time and again ever since the origin of the human race.

The choice of “Magic Man” as a title has nothing to do with romantic love. Rather, I am following with great interest the way former President Trump is still seen as a magic man. The American tradition has been that the former president disappears from the media and starts a new chapter of life as a private citizen. Both Mr. Trump’s decision to stay in political public life and the idolatry I see with many Trump followers are unusual departures from the past. Note this statement made on March 14th 2021 by Dr. Anthony Fauci on the “Fox News Sunday” program. Asked whether vaccination numbers among Republicans would increase were Trump to encourage inoculation, Dr. Fauci said: “I think it would make all the difference in the world. Trump is a such a strongly popular person … it would be very helpful for the effort for that to happen.”

Since the March issue, titled “Lean on Me (Tonight),” I have continued to be interested by the evolution of politics in the USA, France and several other countries: Policies, long-term visions for the country, political stands – in short, what used to fuel the political debate – seem to be declining. Today, way too often, I hear world leaders saying things like, “Trust me, I know what I am doing and I am taking care of you, I am protecting you.”

Considering how low the ratings of politicians and journalists are, it is clear that public trust is at an all-time low. Many believe this is a direct effect of the Covid-19 pandemic. Although it is true the pandemic has greatly corroded people’s confidence in their representatives and politicians in general, I think the problem has existed for a long time.

People should not believe in a magic man – or magic woman, for that matter. The only exception might be teenaged hearts beating with romantic love for the first time: young people are entitled to live this kind of love at least once in their life. That is why I find Heart’s lyrics so vividly depict that reality.

THE PARIS PREFECTURE IS REFUSING THE PUMA CPAM STATEMENT
The issue regarding PUMA and CPAM has never been properly solved. It stems from what was clearly an error in drafting the law. The basic rule is that people insured under PUMA currently pay a premium of 6.5% of worldwide income. But for some reason the law excludes foreign retirement income. The system does not charge anything if the declared income is less than 9,032€.

The very popular visiteur immigration status requires proof of either income or assets equal to at least minimum wage, which is 14,772€. So it would follow logically that all foreigners with visiteur status should pay something toward their health coverage. However, almost all of them are retired people receiving pensions and Social Security as the majority of their income, and those sources of revenue are excluded from the calculation, sometimes with the addition of royalties, rents, trust funds and the like. As a result, the income from earned income rarely exceeds the 9,032€ limit, even though the global income is considerably over this limit. So the system puts them in the same category as indigent people and both groups pay nothing for health coverage.

The prefecture requires proof of payment of the related health coverage premium to be submitted in the file. In normal circumstances this is a totally legitimate request. As I have explained above, if the foreign retirement income were included in the calculation, there would be no problem.

Since PUMA has existed, the Paris prefecture has vacillated between accepting and refusing the Assurance Maladie coverage issued by CPAM. The visiteur immigration status is issued when the applicant complies with the legal requirements, providing proof of sufficient means as described above, plus the address of the primary residence in France and comprehensive health coverage valid in France. When it is impossible to prove that the applicant is paying for such coverage, the request is refused.

That is what is happening at the moment. Concerned applicants then have to purchase a private policy duplicating the coverage they already have. Since most are retired and hence usually over 65, the premiums of such policies are expensive by French standards and few insurance companies issue them. Furthermore, what the prefecture is asking applicants to do is illegal: once a person is covered by Assurance Maladie, French law forbids their being covered by a private policy. It is also illegal to terminate public coverage in order to take out a private policy.

A few times over the years, the prefecture has demanded proof of termination of Assurance Maladie coverage, which impossible unless one moves away from France permanently and therefore loses the French immigration status.

For the time being, there is no good solution; the best thing is to purchase a private policy and make sure it can be cancelled once the carte de séjour is retrieved. In the past, the prefecture’s refusal to grant visiteur status in such cases has seldom lasted for long. Thus, when it is time to renew the card a year later, chances are that the policy have once again been reversed. I saw this latest change occurring in September 2020. I have no idea what triggered it.

THE LATEST ON BREXIT’S CONSEQUENCES AT THE PREFECTURE
Both common sense and a communication from the prefecture held that it was better to request French immigration status before the end of 2020, when the UK was still in the European Union, than in 2021. Last year after the prefecture reopened, I accompanied British citizens and helped them submit files showing whether they had been in France for more than five years or less. This was sometimes difficult to establish, as many people went back and forth, never really securing the status of France as their primary residence.

Since January 2021, the procedure has radically changed. The prefecture asks for the usual identification, proof of address and proof of means. There is no longer any question of proving seniority in France. Before, the issue was whether the carte de séjour would be valid for one or five years, but today everybody gets a minimum of five years. Furthermore, the carte de séjour is issued free of charge, as if the British citizens were still in the EU. That being the case, the card is sent in the mail by registered letter.

What surprises me the most is how easy the procedure has become. One reason is that now, to get an appointment at the Paris prefecture, the applicant sends the basic documents by email, so when the appointment is given, the documents are put in the file the prefecture prepares. Still, there is often a need for an update, so it is critical to bring all the documents requested just in case. I have no idea what will happen on July 1st 2021 when the current six-month transition period is over.

FRENCH INCOME TAX: IT IS ALMOST TIME TO DECLARE!
Regarding the more mundane topic of income tax, I would like to remind everybody that paper versions of the 2020 income declaration must be filed in France by 20th 2021midnight. The declaration forms are available at www.impots.gouv.fr on April 8th. That is also the day you can start filing your declaration on the same website. To do so, you need your tax ID number (numéro fiscal) and some access codes.

First-time income declarations to the French tax office should be prepared using the paper form, and the “first time” box on the CERFA #2042 form where it says Vous déposez une déclaration pour la première fois cochez” must be checked. It is possible to obtain the needed information from the tax office to declare for the first time electronically, but I tend to advise against this, because it is a lot easier to see and hence understand how the system works if the filer is looking at paper documents.

Note that if you file online, the deadline is later. The schedule depends on your postal code:

• départements 01 to 19 must file by midnight on May 26th.
• départements 20 to 49 by J by June 1st.
• départements 50 or higher by June 8th.

An important reminder: If you are a French fiscal resident (i.e. if you hold acarte de séjour or an immigration visa validated with an OFII stamp, and comply with the requirements), you must declare your worldwide income to the French authorities even if you have no income in France and do not have the right to work in France. There is no penalty for neglecting to file, but not meeting this obligation is illegal and can have consequences.

You are a French fiscal resident if you: 

• stay in France 183 days in a calendar year, whether you have legal immigration status or not
• have immediate family members (spouse and/or minor children) living in France
• have a French employer
• run a French business, even something like tutoring schoolchildren in English.

Reminder: if you are self-employed in France, the quarterly declarations sent to URSSAF do not constitute income tax declarations, which must be sent to the tax office. Many foreigners are convinced that the quarterly declarations are their only fiscal obligation.

Now that income tax is deducted at the source, the amount owed is often low, sometimes even zero. But a problem may arise because the prefecture wants to see the income tax bill from the tax office, the avis d’imposition sur le revenu, before issuing almost any immigration status.

Unfortunately, the tax office is slow to send the avis, mainly because :
1 – The page dedicated to the declaration on the website is not open all year long, so very late declarations must be done on paper, slowing down the process.
2 – Once tax season has ended, if no tax is owed, there is no incentive to prepare the avis quickly.

WHAT IS A FRENCH BANK?
Until recently the answer to this question had a very easy answer. A French bank corporation was registered in France with headquarters in France; was a member of the Association des Banques de France; had physical locations where clients could go; had an International Bank Account Number (IBAN) starting with FR; and so on. Then two things happened.

SEPA
The first was that all EU countries became members of the Single Euro Payments Area (SEPA) on February 1st 2016.

Wikipedia: The aim of SEPA is to improve the efficiency of cross-border payments and turn the previously fragmented national markets for euro payments into a single domestic one. SEPA enables customers to make cashless euro payments to any account located anywhere in the area, using a single bank account and a single set of payment instruments. People who have a bank account in a eurozone country can use it to receive salaries and make payments all over the eurozone, for example when they take a job in a new country.

In other words, there is now a European banking system using the same currency, the euro, which allows transactions, mainly automatic payments and wires, to occur throughout the system automatically, without banking fees. This involved French utilities in 2016, asking clients to sign new SEPA-compatible forms to enable automatic payments to continue.

Internet banking
The first online bank, the Dutch bank ING Direct, was established in France in 2000. Over the years, more and more online banks have opened. Some are subsidiaries of traditional banks, but not all. They give French residents access to full online banking services from non-French banks. They are all in the private sector, with healthy competition regarding service quality and costs.

The IBAN of an account is linked to where the banking corporation is registered. It starts with the country code – FR for France, DE for Germany, and so on. The French administration was not ready for that, and it has created a serious problem whenever the administration needs to make a payment to the bank account of an individual living in France. Their system is so antiquated that it blocks all payments to any accounts that do not have IBANs starting with FR.

With online accounts having become so popular, the consequences are catastrophic, especially for those unfortunates who are dependent on their regular payments from the Caisse d’Allocation Familiales. The administration is doing its best to fix this situation but is having trouble because the requirement of French residency prevails. With all European countries in the SEPA system, an IBAN not starting with FR is seen as an indication that the account holder lives in a different country, even if the entire file shows French residency and a French physical presence. Unlocking the system after verification could be possible.

The position of the prefecture
By definition, the prefecture is concerned about where an applicant lives. As everybody knows, virtually the first document asked for is proof of address dated less than three months back. So the issue of non-French online banks is again a problem. For many types of immigration status, applicants have to show bank statements. For visiteur status, for instance, the applicant must prove that he/she spends at least the amount of minimum wage in France, and this sum has to be deposited in the French account from a foreign source. A similar requirement holds for all types of immigration status based on self-employed activity registered in France. Payments received must match amounts invoiced, and the prefecture asks for the transactions to be highlighted on a copy of the statement, submitted in the file, to make them easier to identify. For a profession libérale status the applicant must show a minimum of 23,000€ in annual billing, of which 65% is taxable: 23,000 x 0.65 = 14,950€. (The minimum wage is 14,772€, so 23,000€ is an easy target to keep in mind.)

All this is easy to demonstrate as long as it is shown in a French bank account, which brings us back to the same problem. I have never asked the Paris prefecture which banks are accepted and which are not, although I recently found out that TransferWise, now called Wise is not considered a French bank for theprofession libérale immigration status. The current rules significantly narrow the choice of banks for opening a professional account since it will be scrutinized by the prefecture. Sooner or later I will have to ask the prefecture for a list of acceptable internet banks, given the problems this issue causes!

GUIDELINES ON LOCKDOWN AND INTERNATIONAL TRAVEL
I wish the available information on lockdown and international travel would remain valid long enough for me to give my readers reliable advice. We are living through challenging times, and almost all Western countries are prone to rapidly changing their policies order to better fight the Covid-19 pandemic. On March 18th, the French government announced a strict lockdown, with complex rules on what activities gave inhabitants the right to be outside. This policy was pretty much abandoned on March 20th, the day after it went into effect. The restrictions no longer constitute a lockdown, since there is no limitation on travel within a radius of 10 km (6.2 miles). The government announcement on March 18th envisioned these restrictions stopping on April 20th if the infection rate was under control by then. But in the current situation, reaching that goal seems unlikely in the Paris region and several other areas.

International travel has also been severely affected. The official governmental position is that the borders are sealed unless you can show exceptional and truly compelling reasons to leave or enter. But I know of large numbers of non-French people who have been leaving or returning to France, none of whom had problems at the airport, so I question how well this policy is enforced. I am aware of just one case, in which a 20-year-old Tunisian national and Italian legal resident, coming to France to visit his father for spring break, was denied entry. The reason was that he had no proof of means, i.e., he was traveling with hardly any money. He did not have valid proof of the address where he planned to stay and could not prove that it was his father’s residence. In short, it had nothing to with to do with the restrictions imposed due to the Covid-19 pandemic. Under normal circumstances, any EU resident (which he was) has an automatic, undisputed right to travel to another EU country. Travel within the Schengen zone is supposed to be equivalent to domestic travel.

So, please take the following information with a grain of salt:

Guidelines issued on March 12th:
1 – It will no longer be necessary to have a compelling reason to travel to or from Australia, Israel, Japan, New Zealand, Singapore, South Korea or the United Kingdom.

For travel to and from those countries, other restrictions on movement remain in force: among other things, it is still necessary to present a negative PCR test result done less than 72 hours before departure.

2 – The list of compelling personal reasons has been extended to include all family relationships and add new situations linked to family separation for:

• married couples and couples in civil partnerships (PACS), where one member lives abroad for professional reasons.
• minors attending school in France whose family home is abroad.
• separated couples with children where adult lives in France and the other abroad.
• students taking competitive examinations and those returning to their main residence in France.

Templates for exceptional international travel declarations will be updated at 

www.interieur.gouv.fr/Actualites/L-actu-du-Ministere/Attestation-de-deplacement-et-de-voyagewww.interieur.gouv.fr/Actualites/L-actu-du-Ministere/Attestation-de-deplacement-et-de-voyage

MY BUSINESS HAS A NEW FACEBOOK PAGE
Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her, since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.

Since I am already active in a few Facebook groups and my website is my main showcase, I did not feel I needed such a page. On the other hand, it should no doubt benefit her sooner than later.

You are welcome to join:
https://www.facebook.com/rattachement

SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 9th to AUGUST 23rd
The office will be closed for a month and a half, starting Friday, July 9th, and reopening on Monday, August 23rd. As always, I will be reachable by email for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.

Best regards,

QUESTION

COMING BACK TO FRANCE LEGALLY WITH A VISITEUR VISA

I am an American and I have always intended to get some kind of long-term permission to stay/reside in France. Sadly, I procrastinated… and I am now kicking myself.

I want to apply for a carte de séjour. Have you heard anything about the border opening to allow Americans to travel to France in the near future? Pre-Covid, I traveled to France 3-4 times a year to stay in my Parisian apartment, but since I never overstayed the 90-day limit visitor, I didn’t concern myself with getting a visa.

If it seems that France is ready to open her borders to Americans, I might take a chance and book a ticket soon, knowing I might have to cancel it. Or should I wait until you feel it is time to go over everything I need to do to prepare for my arrival? For example, friends have told me in the past that they had to register as much as six months in advance for their in-person appointment to apply for the carte de séjour. I would like to secure an appointment by August or September at the prefecture after my arrival on the ground in Paris.

Would it be worth trying to get an appointment before I travel? Or would I be able to make an appointment only after I arrive in Paris?

Also, I would like to know what the difference is between a long-term visitor visa and a carte de séjour. And what is the difference between a carte de séjour visiteur and a carte de séjour residence? These are the questions that are causing me to hesitate.

1. Do any of these residency or visitor status change the holder’s right to travel into and out of France?

2. Fiscal residence – does the carte de séjour residence make one an automatic fiscal resident? And for the visiteur

3. Is the carte de sejour visiteur a prerequisite to applying later for the normal carte de sejour residence?

4. Applying for visiteur: is it likely that France would open to tourists before the consulate started accepting applications for the visiteur visa? Or would it be automatic that they would occur at the same time? If the consulate is not accepting visa applications, and France opens its borders to US citizens (I am now 65 and fully vaccinated) would I then just travel on my US passport and hope that I can apply for the visiteur status when I am on site in France?

Lean on me
I’ll be there
Whenever you need someone
To share in every prayer
In every dream
You’ve left somewhere
Till tomorrow
Will be just like it was when we were young
‘Cos tonight
I’m gonna take you where
I’ve never taken you before
Lean on me
I’m everywhere
Wherever you look I’ll be
Forever yours
The northern lights
The southern cross
I’ll give to you
Till tomorrow
Will be just like it was when we were young
‘Cos tonight
I’m gonna take you where
I’ve never taken you before
If you’re lonely
You know where you can find me
You know there’s no escape when you are on your own
And if you’re worried
And you can see your world slip through your fingers
I’ll reach out for you in my heart
There’s no more dancing in the dark.

I remember listening to the Moody Blues ever since my cousin Pierre brought their album A Question of Balance to our family home. That could also have been a pertinent title for today’s world. I want to promote a caring message, which is indispensable for a population desperately in need of healing.

Both in France and the USA, I sense a desire to lean on someone for protection. In some cases this desire is fulfilled, while other people feel they are left stranded, unattended. I can be completely cynical when it comes to political leaders, questioning the real motives behind what they say and do. During the weather crisis the state of Texas recently experienced, there were people you could lean on and people who were absent. In France right now, more and more professions feel totally abandoned, including musicians and performing artists in general. A foreigner new to France and feeling lost may be longing for a reassuring presence, a person who protects and guides, whom one can lean on and feel safe with. Too often, the quest for reassurance leads to horrendous situations, with such people falling victim to crooks.

PREFECTURE SCHEDULES AND LUCRATIVE APPOINTMENT TRAFFICKING
For several years there have been complaints about appointments with prefectures regarding immigration status being difficult to secure. The CODIV-19 pandemic has forced all prefectures to restructure their system for handling the public and issuing appointments. The system is quite complicated, for several reasons. Schedules are established at the last minute, so the first available appointment is often after the expiration date of the document needing renewal. Prefecture websites may work well with a particular browser one day but not the next. For example, I have stopped using Safari to get on these websites, as Firefox seems slightly more reliable.

Furthermore, appointments for some types of immigration status seem to be harder to secure than others, perhaps because the number of people trying exceeds the website capacity. People working at the Paris prefecture acknowledge that this is the case. Someone determined to get through may need to block a couple of hours for the task.

Beyond these issues, the current design of the system has led to a particular situation that often makes it impossible for an individual to get an appointment. An article in Le Monde explains that well-informed crooks snatch all available appointments as they are released. Then they sell them to individuals. Undocumented aliens (sans-papiers) may be especially vulnerable; under French law, some of them have the right to submit a request for a legal stay in France if they meet strict guidelines. They may not have the hours it takes to get an appointment, or they lack access to a computer, and so on. Of course, the crooks offer their services to anyone who cannot get an appointment any other way.

In my July-August 2019 issue, titled Father & Son, I wrote about a similar criminal scheme. Such situations make me really angry. I help people who fully qualify for procedures at the prefecture. They often spend about six months trying to get an appointment before giving up and paying for one. I strongly condemn the crooks who steal appointments to sell. And yet I fully understand that some foreigners feel they have no choice but to use such a scheme, given their risk of being caught by police – especially now, with a pandemic curfew being strictly enforced and people often working odd hours. Getting a legal stay sooner rather than later is critical for such people.

A full translation of the Le Monde article is attached, in hopes that the information will circulate as much as possible. Here is the link to the original article published on February 13th 2021: 
www.lemonde.fr/societe/article/2021/02/13/titres-de-sejour-le-trafic-lucratif-des-rendez-vous_6069858_3224.html

Lucrative-appointment-trafficking-translation-PB.doc

URSSAF AND THE TAX OFFICE INCREASINGLY SHARE INFORMATION
The French and US tax systems are so different it can be difficult to explain to Americans how the French one works.

I will not go into the history of the French social system that was set up after WWII, with endless variations on health coverage and retirement per profession. President Macron has pushed a general policy of unifying the retirement program, which has led to violent demonstrations in the streets of Paris for the last three years or so.

Retired foreigners living in France saw one change quite vividly, as it affected them directly. When covered by the public system in the old days with theCouverture Maladie Universelle (CMU), the insured person would file an annual declaration with URSSAF so the 8% premium on worldwide income could be calculated.

In 2016, the Protection Universelle Maladie (PUMA) was set up to replace the CMU. One of the most problematic differences with the old system was that URSSAF now gets its information from the tax office to calculate the 8% premium. The way it was calculated also changed, which resulted in a difficult situation for many foreigners living in France.

It is a huge oversimplification, but I tell my clients that the centre des impôts is like the IRS and URSSAF is like the Social Security Administration. They are always amazed, as they are used to seeing the two American organizations working together, while their French equivalents pretty much ignored each other until recently – and that was better than the old days, when they distrusted each other to the point of never sharing information

A milestone will soon be reached in this regard. In May 2021, when it is time to declare income in France, self-employed people will only declare their income once, to the tax office. Starting with 2020 revenue, URSSAF will get the information from the tax office and there will no longer be any need to make two declarations. In short, the Déclaration Sociale des Indépendants (DSI) is no longer needed.

A recent URSSAF statement says: “A partir de cette année, vous n’aurez plus qu’une seule déclaration à faire pour la déclaration de vos revenus 2020 sur impots.gouv.fr. C’est cette déclaration unique qui sera utilisée pour le calcul de vos cotisations et contributions sociales personnelles et de votre impôt sur le revenu.”

Here is a translation of the complete press release:
“From this year, you will have only one declaration to make to declare your 2020 income on impots.gouv.fr. This single declaration will be used to calculate your personal social contributions and your income tax. The income that serves as the basis for personal social contributions will be entered directly in your personal income tax return (declaration No. 2042). It will be supplemented by a specific “social” component. In the 2020 income statement, specific sections have been provided to allow you to declare your eligibility for contribution reductions set up in the context of the health crisis (first period of health emergency in spring 2020 and second period of health emergency in autumn 2020). Once your tax return has been validated, the necessary elements will be sent automatically by the tax administration to your Urssaf or Cgss. As in previous years, upon receipt of the elements of your 2020 tax return, your Urssaf or Cgss will adjust your 2021 provisional contributions and regularize your final 2020 contributions. It will also send you a payment schedule update, which will take into account the exemption from contributions under the reduction mechanisms put in place in the context of the health crisis, if you are eligible. Urssaf or Cgss remains your contact for the management and payment of your personal social contributions.”

WIDESPREAD USE OF TEXT MESSAGES FOR SECURITY 
I remember when my bank first added a second level of security for access to accounts online – issuing a payment, transferring money – by sending a text message to my cellphone so I could be identified a second time. I particularly like this feature when I make purchases on a website, as it reduces the chance of fraud. It might make sense to force as many merchants as possible to include this feature on their sites. I fully understand that this is as much an issue with the bank as it is with the merchant, except the bank has an interest in limiting fraud, which costs it money.

Many merchant sites now also have this feature to enter the site if you have a personal account with them. It would be an exaggeration to say it is becoming a standard feature, but it feels like it is nearly one. Maybe I will get used to it someday, or manufacturers will find a way to have the computer and phone talk to each other automatically – who knows?

Recently this mundane procedure took on epic proportions because of a last-minute change of policy and COVID-19 preventing people from traveling. One of my clients was on a mission in Eastern Europe. The COVID-19 pandemic caused the stay to be extended for many months past the client’s scheduled return to France. This client, like several of my American clients, does not have a French cellphone, as their American phones can be used worldwide. Pretty much overnight, their bank added the text security feature for access to their accounts. This meant the client had to buy a French phone or at least a SIM card, and give the French number to the bank.

To make a long, complicated story shorter, about this client, I bought a pay-per-use SIM card and activated the number so any phone could use it. Then I mailed the SIM card across most of Europe so the client could put it in his phone when connecting with the bank. Registering the phone number with the bank was the true challenge, but finally it got done. The final episode would be laughable if it had not been a serious problem. My client needed printed bank statements, and he could not have access to them due to some technical glitch with the SIM card. His CPA needed them to prepare tax declarations. The bank demanded an original signature on a letter requesting that the statements be printed, and charged a hefty price for this service. The last straw was that it would only send them to the client’s Paris address. Thus I had to pick up that letter, scan the documents and send them to the client. Some rules to safeguard clients’ interests take us back a century!

Another bank offered a different solution to the cellphone problem. It agreed to send the security text messages to a US phone number, for an extra charge of $5 a month. The client concerned has a French cellphone but it does not receive text messages from France. I can see this becoming a serious problem for clients who are outside France most of the time, and the many who are stuck abroad because of the pandemic.

As my client said to me, “with the continued need to use a double verification process for banking and other accounts, this might be worth mentioning … in one of your next columns. Not everyone who does banking in France has a French phone and can receive text messages from other countries without adding this feature to their accounts. Granted it is $5 extra per month but worth it.”

UPDATE ABOUT THE FRENCH SANITARY STATE OF EMERGENCY
Note that the state of emergency due to the pandemic has been extended until June 1st: “Face à l’aggravation de la propagation de l’épidémie de Covid-19, l’état d’urgence sanitaire en place depuis le 17 octobre 2020 est prolongé jusqu’au 1er juin 2021 inclus. Initialement, il devait prendre fin le 16 février 2021. La loi prorogeant l’état d’urgence sanitaire est parue au Journal officiel le 16 février 2021.

(Faced with the worsening spread of the Covid-19 epidemic, the health state of emergency in place since October 17th, 2020 has been extended until June 1st, 2021, inclusive. Initially, it was to end on February 16th, 2021. The law extending the health state of emergency was published in the Journal officiel on February 16th, 2021.

FOREIGN RENTAL INCOME DECLARED IN FRANCE
Paris being one of the touristic hubs of the world, there are numerous foreigners owning apartments here and renting them through Airbnb and similar organizations. I have referred to this many times in past columns: rental income earned in France is declared and taxed in France even when the owner is not a French fiscal resident. It is then declared to the IRS as income already taxed.

One of my clients, however, has properties she rents in the USA and declares in France as income already taxed. She lives and files in France as a French fiscal resident. She recently received a letter from URSSAF that stunned me. It took me some time to understand what had happened.

The letter asked for her SIRET number, a French ID number for a person running a business. My client is retired, holds a visitor’s carte de séjour and has never registered a business in France. The request had to have originated somehow with the French administration. My client’s American rental income had surged last year, to the point that it went over the threshold that would force this type of registration if the rentals were in France. The system must have undergone a serious malfunction, taking the American income as French, and acted accordingly. Once identified, the problem was easy to fix.

I am more familiar with a different computer bug, whereby the French tax office tries to collect the CSG-CRDS taxes on American income declared in France. That bug was identified well over 10 years ago and is now rare. I still see it, but much less frequently.

CESC PARIS HAS INVITED ME TO SPEAK ON MARCH 1st VIA ZOOM
The Council for the English Speaking Community in Paris (CESC Paris) first invited me to speak in September 2003. Then and now the topic is “Non-profits in France.” I will cover the legal and practical issues that non-profits [often] encounter. My experience as a member of several non-profits, including holding the post of vice-president for one of them, adds first-hand knowledge to my training as a juriste droit économique and to what I have learned while advising non-profits as part of my consulting activity.

Here is the announcement the CESC put out:
Dear CESC Paris Community,
Are you the head of a non-profit association? Our guest speaker will be Jean Taquet and our next meeting is going to focus on the loi 1901, questions about running non-profit associations and some of the current or ongoing issues we are experiencing due to the fallout from Covid 19 pandemic. We won’t be able to answer all your questions, but the idea is to gauge areas of interest and concern and then organize further discussions with more experts within and outside of the CESC community to help facilitate these discussions in the coming weeks and months.

MY BUSINESS HAS A NEW FACEBOOK PAGE
Over the holidays, my assistant, Sarah, took an interesting initiative and created a new Facebook page. It is a good move for her, since she and I both moderate it. She can show off her expertise and her ability to give good advice and clearly explain solutions. She does this in French, leaving the queries in English to me.

Since I am already active in a few Facebook groups and my website is my main showcase, I did not feel I needed such a page. On the other hand, it should no doubt benefit her sooner than later.

You are welcome to join:
https://www.facebook.com/rattachement

SUMMER VACATION: THE OFFICE WILL BE CLOSED JULY 9th to AUGUST 23rd
The office will be closed for a month and a half, starting Friday, July 9th, and reopening on Monday, August 23rd. As always, I will be reachable by email for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.

Best regards,

QUESTION

ASKING FOR A VISA DURING THE COVID-19 PANDEMIC

There appears to be much discrepancy between VFS Global and the Washington DC embassy regarding requests for the passeport talent visa. This status appears to be the only way to obtain a real immigration visa that is renewable, and valid up to four years, with work permits from the get-go. VFS says one thing; the embassy says something different. For example, many individuals who are choosing between all the “flavors” of passeport talent might be self-employed, working as authors, artists, sometimes with a national or international reputation in a specialized field, and often holding high-level degrees, diplomas, etc. Yet it appears that the embassy wants French contracts, French employment by French companies with French clients, etc. If you do not have any of these, you can apply for a long-term visitor visa… but this visa is not currently available due to COVID restrictions. On the other hand, VFS says that those who can prove sufficient funding through forms, documents, etc. and who are working on a project that benefits France in some way, can apply for the passeport talent.
What happens if your visa is rejected? All that work and time preparing your move – selling cars, furniture, looking for lodging in a country that appears to have an incoherent visa policy. If France is serious about accepting talented folks to improve the community, then perhaps the administration needs to take these passeport talents visas seriously and get to work vastly improving their horrendous ‘system’.

QUESTION

WHAT DOES A PRENUPTIAL AGREEMENT COVER?

I moved here for my French fiancé, and in doing so, I gave up a very lucrative career. My fiancé owns a company and some real estate in France. His real estate company owns the home in which we plan to live in after the marriage. He wants me to sign a marriage contract stating that all property before and after the marriage remains separated. I am not in agreement after giving up a really well-paid job to relocate and I know I will not be able to earn nearly as much in France without speaking the language.
My fiancé owns 99% of real estate company; the other 1% belongs to his mother. Is there a way to write up a contract to have equal “shares” of our future family home? Can we transfer the real estate company in part into my name to avoid having to purchase shares?
Is there a way to edit the marriage contract to say that I would not get any of his principal business but just half of the family home? Can any of the three types of marriage contracts in French be adjusted or they are straight boilerplate documents with unchangeable terms?
My next question is whether it would be possible to draft a separate document that would provide some sort of financial security – an agreement to get a sum of money in case of divorce or the transfer of half the family home in spite of the fact that it is owned by the company rather than by my fiancé – simply for investing sweat equity in building a family with him and making improvements towards the family home, etc.

Well, we got no choice
All the girls and boys
Makin’ all that noise
’Cause they found new toys
Well, we can’t salute ya
Can’t find a flag
If that don’t suit ya, that’s a drag
School’s out for summer
School’s out forever
School’s been blown to pieces

No more pencils no more books
No more teacher’s dirty looks yeah
Well we got no class
And we got no principals
And we got no innocence
We can’t even think of a word that rhymes
School’s out for summer
School’s out forever
My school’s been blown to pieces
No more pencils no more books
No more teacher’s dirty looks
Out for summer
Out till fall
We might not come back at all
School’s out forever
School’s out for summer
School’s out with fever
School’s out completely

School’s Out was the fifth studio album by American rock band Alice Cooper, released in 1972. I bought the LP when I was still in middle school. Its cover opened like an old wooden school desk, the type where students used ink from a small bottle on the right side of the desk. The top could be opened, and students would keep their things there, unlocked. I used such a desk in elementary school.

The issue of whether to reopen schools was covered by the media every day in July. In the USA, it has since been replaced by stories about the US Postal Service and absentee ballots, and I am sure there will have been other news by the time I send out this issue.

As is common these days, school reopening has become a binary issue: one side says it is completely safe and children do not get sick; the other side sees schools becoming centers of infection, propagating the virus throughout the community. Children, whether they become sick with COVID-19 or not, can pass it on to teachers and parents, and thus to the community at large. Students of all ages do indeed congregate, and classrooms make it difficult for them to stay away from each other.

I can see a striking difference in the way France and the USA measure the fight against the pandemic. France talks all the time about the transmission ratio and the ratio of infected people in the community. The transmission ratio must stay below one to indicate a decrease of the pandemic. This can only be achieved by tracing how many people each infected individual has contaminated. The infection ratio needs to be below 50 per 100,000 inhabitants to be considered safe. To measure this requires testing on a large scale. The earlier an infected person is tested, the fewer people are contaminated. That is how it is possible to have a ratio lower than one, and it is how the pandemic can and should be decreased in the population. In July and especially August, as many expected, both ratios worsened. Regional authorities have taken drastic measures to try to turn the situation around. Such measures are evidence of the failure of government policy. Wearing a mask is now required in the centers of many cities and in all workplaces, as these are the No. 1 place where infection spreads. Sadly, dealing with the pandemic ends up being a matter of trial and error, which is not really what is expected of the government.

So, “School’s Out” or “Back to School”? The decision should be based on the ratios mentioned above, as well as other indicators of whether the authorities have sufficient control over the spread of the disease to take the risk and see what happens. One thing is for sure, Alice Cooper should not be the authority on whether children go back to school. Obviously, in 1972 he was into provocation and extravagance – and still is. His solo album Welcome to My Nightmare was released in March 1975. I am afraid many feel the USA as a country has accepted this frightening invitation.

“LOVE IS NOT TOURISM” CAMPAIGN: REUNITING UNMARRIED COUPLES
Thousands of unmarried couples separated by the pandemic have found themselves unable to reunite, and also unable to ask for an immigration visa as the consulates first were closed and then did not accept the visa requests these people could submit. They should have asked for the visiteur visa but it was not considered essential travel. A campaign called “Love is not tourism” was launched on social networks to call on governments around the world to allow couples to get back together.

The French government is filling this legal vacuum by providing a procedure allowing a derogation from the pandemic travel rules. “The spouses must come to the consulate with documents attesting to joint activities, their identity documents, proof of residence in France for the French spouse, and a return ticket.” In short, the file must look pretty much like the one submitted by a PACSed couple at the prefecture. Cohabitation is often the hardest thing to prove, since most couples will not put the name of both partners on all the utilities and open a joint bank account, especially if one partner has no immigration rights in France. I will be keeping my readers informed about this as much as I can.
www.lemonde.fr/societe/article/2020/08/10/la-france-va-mettre-en-place-une-derogation-pour-permettre-les-retrouvailles-de-couples-binationaux-non-maries_6048574_3224.html

IS FRANCE EXPERIENCING A SECOND WAVE OF COVID-19?
On August 15th, which normally is the height of French summer vacation when nobody works, many cities enforced mandatory mask-wearing in city centers or at least on particular streets, as was the case in Paris. American media covered these decisions as meaning Paris was in the “red zone” and France was being hit hard by a second wave.

This reflects a complete misunderstanding of French government policy. From the beginning of the gradual loosening of lockdown, the government stated that it would carry out its policy incrementally, in small steps, with the understanding that there might be some setbacks that would require stricter rules nationally or locally. The clear implication was that there would be an increase in infection. The challenge was to limit the number of people admitted first to emergency rooms and then to ICUs. At the time I wrote this in mid-August, hospitalizations were continuing to decline overall. As I said above, it is a matter of trial and error. With 2,669 new cases in 24 hours as of Thursday, August 13th, the progression of the coronavirus in France was at its highest since the end of lockdown, according to figures from the national public health agency, Santé Publique France. The number later reached more than 6,000 per day. On Saturday, August 29th, there were 5,453 new cases, and 6 deaths in France.

“50% of infection clusters are in companies, medical or non-medical. Hospitals are responsible for about 10% of clusters, medico-social establishments and nursing homes 20%, and private companies 20%.” This data came while France was still deep in summer vacation. Therefore many officials called for making masks compulsory in all enclosed places, including private companies.

Several union officials were in favor of implementing this policy, but employers’ representatives opposed making it a general rule, claiming that would be “excessive”. France is not immune to the debate over employee protection vs the cost and the complications such policies impose on employers.

Ultimately, the policy went into effect and masks became compulsory in all outside spaces in Paris, as well as all workplaces in France. This evolution can be interpreted differently depending on what you are looking for. What I see, which reassures me, is that the French people need to be reminded of the COVID-19 guidelines in stronger terms than what I had hoped for. On the other hand, the government seems to be in control and swiftly implementing policies to address the changes in the management of the pandemic.

I plan on enforcing this policy in my office as much as possible with my clients.
www.lemonde.fr/planete/article/2020/08/13/pic-de-contaminations-journalieres-en-france-le-port-du-masque-au-travail-en-question_6048904_3244.html

CREATIVE WAYS PREFECTURES HANDLE PROCEDURES
COVID-19 has shattered the old way of doing a lot of things in our daily life. Wearing masks more and more often is just the most visible part of a more profoundly radical change. It is especially visible in Paris, where cafés, bars and restaurants have taken over parking spaces with tables so they can accommodate clients outside. A cynic might say having to choose between exhaust fumes from cars driving a few inches away or the risk of COVID-19 inside does not sound like a healthy choice!

More seriously, here are some of the changes I have recently experienced.

Entering the Paris prefecture
The website clearly states that it is impossible to enter the building without an appointment. During most of the morning, there are three checkpoints with police checking appointment notifications (convocations) and sending you to the next one, until you reach the security checkpoint. There are three lanes in front of the main door; which one police chooses, depends on when their meetings are and which offices they are going to. There are barriers to keep people in line.

The convocation states in bold that the applicant must come alone. However, professionals known by the security personnel have no difficulty entering with clients, although family members who are there to help must stay outside.

The convocation specifies that you should not come more than 15 minutes early, but my experience now is that you can arrive up to 30 minutes ahead of the appointment and be allowed to stay in the line.

As is often the case in France, the rule is not as strict as proclaimed. When the need is real, people without an appointment go in a different line, and eventually, after a long wait, can get some help.

Sending missing documents by email
It has long been possible, when a couple of documents were missing, to send them by email during the meeting at the Paris prefecture. A few months before the pandemic began, my clients could send one or two documents after the meeting was over. I saw many coming in at 8:30AM to bring missing documents, but the prefecture got stricter and stricter about only doing this early in the day so that it did not disrupt the normal schedule too much.

Since the prefecture has reopened, sending missing documents by email has become systematic, and can involve several important documents, whereas before, the prefecture would have required new appointments in such cases. That illustrates how much more relaxed the process has become. Nevertheless, files will go nowhere until the right documents are received. If it takes too long for the prefecture to get them, I am sure new appointments will be required, which will be unpleasant at best.

Sending complete files by post
About ten years ago, it was quite common for the Paris prefecture to accept files sent by snail mail, and a few rural prefectures continued to allow this for first requests as well as renewals. Now it appears it is becoming even more common.

The most recent case I saw involved the sous-prefecture in Saint-Germain-en-Laye, which upon receiving the file sent a récépissé by regular mail. This was quite a novelty; I had never seen it done before.

I plan to continue describing such innovations as I encounter them, since it seems the prefectures are trying hard to keep the public from having to appear in person.

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

Best regards,

QUESTION

VISA REQUESTS AND COVID 19

I am an American married to a Frenchman and we live in the USA. We want to spend more and more time in France, about four to six months, but I can only stay for three months with an American passport. As the spouse of a Frenchman, I can apply for and should easily obtain a long-term visa. The French consulate is not issuing visas because of the COVID.
Do you know if it is possible for me to obtain a long-term visa in France and therefore locally through the prefecture? Once I’m there, can we request an extension if necessary?

QUESTION

APS CARD (NOW CALLED RESE) AND CHANGE OF STATUS

We’re an American family in Paris – my wife and I and our two children –on a long-stay tourist visa. We received our visa last August, valid for a year. We went through the OFII procedure and plan to renew before expiration.
I’m sure there’s reason to believe that even under normal circumstances, nothing in France is “easy.” However, now the circumstances are even less normal than usual. Would it be possible to receive from you the list of documents and details of the current procedure? We’re in Paris and will be for the foreseeable future (obviously!!).

“The Winner Takes It All” is a song by the Swedish pop group ABBA, the first single from its Super Trouper album, released on July 21st 1980. My faithful readers might be surprised by this choice, as I am not a real fan of this band with its too often sugary lyrics and disco music.

I like this song quite a lot as it is about the end of a romance. I hear the frustration and pain of the betrayed woman; she lost everything and tried to stay civil about it, and I am not sure the man reacts in the same well-mannered way.

This title (more than the lyrics, I admit) reminds me of an incident that I felt did not get as much media coverage as it deserved. In early May, US Attorney General William Barr was asked by Catherine Herridge of CBS, “When history looks back on this decision, how do you think it will be written?”

“Well,” he replied, “history is written by the winners, so it largely depends on who’s writing the history.”

Sure, in politics it too frequently feels as if the winner takes it all, leaving virtually nothing to the other side. But in a democratic system, the fact that one party wins is not supposed to prevent it from governing for the wellbeing of the entire nation. According to the rules of democracy, the winners cannot take everything, and there are checks and balances to ensure that the minority has sufficient influence so that, in an ideal world, the needs and aspirations of the entire nation are taken into consideration. The USA has for centuries been a model of this because of the way the founding fathers structured its democratic system, with three equal branches of government with the power to rule and to prevent the other branches from becoming too powerful.

Many people describe the policy that is currently being implemented in the USA as an autocratic evolution of the way the current American president and his government rule the country. In other countries, some people see a similar trend in their own government. Indeed many French people think the current president is moving dangerously towards a more autocratic regime.

PREFECTURES ARE REOPENING AT THEIR OWN PACE, AND THE VALIDITY OF THE SIX-MONTH IMMIGRATION ID EXTENSION IS MISUNDERSTOOD
The French administration is trying to do a good job reopening public services, but when it comes to prefectures and their schedules, the task is enormous and the result confusing, frustrating and highly unreliable. This is in spite of the considerable efforts of the employees.

Since May 11th, prefectures have started to get ready to receive the public and resume some of their activities, although each one seems to have a different schedule.

There are four distinct situations that must be addressed, each requiring different actions:
1 – An appointment was made to pick up the carte de séjour, but then the prefecture shut down. Some prefectures have started to give new appointments to pick up these cards.

2 – The carte de séjour should be ready by now but the prefecture had not issued an appointment before lockdown. Since the applicant cannot be certain that the card is ready to be picked up, they must wait to receive the date and time of the appointment.

3 – The titre de séjour (usually the carte de séjour) needed to be renewed and expired during lockdown. The prefecture needs to arrange for the appointment to be made in a special way, as the standard page of the website will not allow it to be done after the day of expiration.

4 – The titre de séjour needs to be renewed and will expire soon. The prefecture needs to reopen the standard website so that people can make appointments. I am pretty sure the appointments will be much later this year.

The situation that poses the most problems is the third one, as we do not yet know how it will be addressed.

The first cases that need to be discussed involve cartes de séjour, récépissés, visas, autorisations provisoires de séjour and so on that had their validity extended for at least six months. When the system reopens, all those documents will be considered valid and procedures will resume as usual – but only for people who were in France when their immigration status expired; the extension does not apply for people who got stuck out of the country. Therefore, it is extremely important to come back before the immigration status expires. Remember, French citizens and immigrants to France have the right to travel back to France at any time, even when the borders are closed. Anyone in that situation needs to fill out the document called attestation de déplacement international dérogatoire vers la France métropolitaine.

While France’s borders remain shut, it is not possible to fly back to France with just an American passport. For people stuck abroad whose immigration status expired during lockdown, the solution is to ask at a French consulate for a visa de retour allowing you to come back. This document is issued to French residents who can prove they maintained their residency in France but exceptional situations prevented them from traveling. It is supposed to be issued quickly and it does not require much paperwork. But the consulate checks with the prefecture about the applicant’s immigration status, so the situation had better be clear. Ideally, an appointment to renew has been secured, so the intention to stay in France is clearly documented. If that is not the case, the intent to continue residing in France can be more difficult to prove.

This link can be used if you have an appointment to pick up the carte de séjour at the Paris prefecture and it was shut on that date: www.demarches-simplifiees.fr/commencer/prefecture-de-police-de-paris-rendez-vous-remise-d.

Most prefectures for which I have information state that they will be ready to welcome the public on June 15th, but not for all procedures, and with a new way of receiving the public. The only thing that seems to be standard is that appointment times will be strictly adhered to, with a 15-to 30-minute window to enter. This means the process should be quite lean, without the large crowds we are used to. It should also do away with the usual long waits.

I strongly advise people to check their prefecture’s website regularly so they can act right away. Currently the Parisian prefecture is sending new appointments scheduled in mid-July by postal mail to the people who had appointments in Mid-March. This gives some vague indication as to when one can expect to have the appointment rescheduled. As for people who need to schedule an appointment, I do not know when this will be possible and, it could be as late as January 2021 even if one manages to get in the system shortly after it reopens. If so, this delay will create more problems for many people.

THE PARIS PREFECTURE HAS COME UP WITH AN UNPRECEDENTED SOLUTION: SENDING CARTES DE SEJOUR BY MAIL
As many activities of the prefecture are linked to national security, there is a permanent desire for control and scrutiny to make sure no one is trying to cheat. That explains why, during the issuance and renewal of immigration status, there are two times when the foreigner must be present: to submit the request and to pick up the physical ID. Few people are aware of the abuse of cartes de séjour common in African communities in France. An undocumented foreigner pays someone who is in France legally to use theircarte de séjour to get a job. All the pay slips and credits associated with receiving a salary in France go to the legal holder of the card, but it allows the person illegally in France to earn a living.

Early in May I started hearing that the prefecture would mail out cartes de séjour to foreigners. This solution has several advantages, given COVID-19 and the prefecture’s three-month backlog. The prefecture sends out the usual text message saying that the card is ready, but instead of giving a date and a time to come and pick it up, it says either Votre titre de séjour xxxxxxxx disponible en pref. taxe à payer : 0000 eur. rdv sur site internet pref pol/ressortissants étrangers/envoi postal des titres or the same message with0225 eur, depending on whether a fee is owed. The recipient must go through a couple of clearance steps to make sure the right person is activating the account. The final step is to confirm the mailing address. Then thecarte de séjour is sent by registered mail.

This shows that the prefecture is facing unbelievable chaos if it is willing to give up its sacrosanct double presence policy and trust the postal system to check the recipient’s identity. It also shows the ingenuity of the French administration, coming up with an alternative solution that works. I would not be surprised if it is retained, even when everything falls back into place once the pandemic is truly over.

The website is the one mentioned earlier: www.demarches-simplifiees.fr/commencer/prefecture-de-police-de-paris-rendez-vous-remise-d.

A ZOOM Q&A WEBINAR FOR EXPATS OCCURRED ON MAY 7th
In an event sponsored by the Facebook forum American Expats in Paris, the Franco-American lawyer Daniel Tostado and I held a webinar to answer immigration questions. Daniel came up with the idea and we worked on the format. He is my second-in-command for my volunteer activity at the American Church in Paris and this was an attempt to do something for the community, as the activity stopped when the church closed on March 14th.

Chris Mann, a member of our church running a computer ministry, monitored the Zoom session, making sure we could address the issues in an orderly fashion and manage the waiting room. It did not come close to replacing the sessions at the church, but it was an attempt to reach out and we had decent turnout.

The topics covered were visas, residency permits and the like, appointments, extensions, closures, reopenings, and our best speculation as to how the French government would proceed in the months to come. The webinar was recorded and we insisted it be made available to the public. Since it was done during lockdown I can be seen with a sizable beard, which I never wear when my office is open. So, thanks to Chris Mann, it is now on YouTube and my reputation for good grooming could be challenged!

THE INTERNET CONNECTS THE WORLD AND DEHUMANIZES THE SOUL
After a few months of lockdown, many researchers have started to study the effects of the confinement (forced to stay at home) on people. The findings include significant increases in domestic violence and divorces. We have also seen petty as well as generous action and behavior. So much has been said on this subject and there is bound to be much more to come, but I would like to share an exchange that highlighted an interesting aspect of what was happening.

After 29 years as part of the American Church in Paris congregation, we have seen several pastors come and go. My family has stayed in contact with some of them, even 20 years later. The following was an exchange with one of them.

PASTOR:
My 75th birthday was May 4, and E. organized a Zoom meeting with M. and A. and kids. M.’s daughter S. said something that really struck us all: “Funny, we are now living a huge worldwide event that someday in the future will be in the history books and studied by children and adults in school. But we’re actually LIVING this future to-be-studied event right now!” A simple but profound perspective, we thought.

ME:
Indeed, there are so many layers in her comment.
1 – It is true that we are connecting with the world and it does not take much to feel close to one another, when we are physically far apart.

2 – For now – and I believe this will never change – a human being is made of a body and therefore needs to have the presence of another person. In the past generations, people prioritized those who shared their lives. Other people were important as well; our grandparents, parents and I, myself, had significant epistolary exchanges which sometimes led to marriages. In those days, the methods of communication were limited to visits, snailmail, and, more recently, phone calls. The existence of internet should not change this basic principle; the people present with you should have your priority because they share your life, and the others are probably important but fit in between those who are present with you.

3 – I use social media more and more and I am happy it exists. Facebook has become a tool I communicate with that helps me remember birthdays and where I advise for free on several francophone and anglophone forums. I believe that on some occasions I have managed to make a difference in people’s lives with some good advice. It is also a marketing tool: People see what I answer and contact me later. I welcome this communal aspect of social media. But it can also be a tool used to harm others, enabling some people to destroy reputations and sometimes lives, with rumors.

4 – Lockdown has exacerbated the absurd and way too common situation where people constantly use their phones to publish things to a wide, anonymous audience while sitting with friends, loved ones or family members. The sad reality is that fake Facebook friends can become so important that the real loved ones who are physically close are ignored. How often do we see gatherings where everybody is on their phone as if they were alone in the room? This is wrong. The person you are with should have your main and ideally undivided attention.

***********

This evolution scares me, even if the pandemic may have made people aware that a screen does not bring a body, just an image. That leads me to the topic of working remotely, which surged enormously in France and became widely used in the USA and many other countries. In the past few months I have conducted business meetings with clients via Skype, Zoom and other platforms. Since it was the only way, I was happy to do it, but I miss the personal aspect of such exchanges.

A personal presence clearly changes the dynamic, and I am sensitive to it. Many people complain about feeling uneasy during Zoom meetings. After taking part in a few of them, I got used to it, and Zoom offers a real ability to communicate and exchange. Yet no matter how productive the meetings were, I always came out of them feeling a kind of dryness and coldness that was unrelated to the people I was with but existed because the communication was through a screen.

Some people say that once they got used to it, it stopped bothering them. But that is exactly my point: We are getting used to dehumanization. Having all those internet tools saved many businesses, allowing employees and small business owners to continue to work, and I rejoice that it was possible. At the same time, we saw people getting used to being locked in and enjoying the slower pace, and having more family life. They suddenly had more time for their spouses and children. They tried, sometimes clumsily, to manage work the best they could while putting their priority on the people they lived with. They did not complain much about having to stay inside their home. We also saw people who after one month or less became violent or depressed because they were stuck, and they felt stuck, and social media was not enough.

Of course, there are much bigger problems stemming from the pandemic, including the death toll, rising unemployment and a staggering number of bankruptcies. As is often the case, I like looking at what could be seen as an insignificant detail. I find that it is not.

INCOME TAX WITHHOLDING FOR CLEANERS, TUTORS, ETC.
Since January 1st 2019, all French employers have had to withhold the amount of money owed for income tax on salaries paid monthly. But one category of employers could not really do that the way the system was initially set up: private individuals employing people at home as tutors for their children, cleaners, nannies and so on. These employers are not equipped to calculate and pay the social charges related to the salary paid.

The program through which such workers are paid, called chèque emploi service universel (CESU), has existed for about 17 years. The French administration, in the form of the URSSAF branch in the city of Saint-Etienne, calculates the amount of social charges owed by the employer and takes that money from the employer’s bank account at the end of the month. That office was not ready to add the tax calculation when all other employers were forced to do it. The government overlooked this problem, and URSSAF was not ready to implement the policy. Later another question was raised: Should the withholding be done on the employer’s bank account or the employee’s?

Finally, in January 2020 (although employers were not informed until about two months later), the amount paid by the employer at the end of the month began including the estimated income tax owed. The form confirming the declaration done online shows three amounts: net salary earned by the employee, amount of income tax estimated, and amount the employer pays the employee before the income tax is taken off. Nearly the same situation exists for people paid through Pajemploi, which is for nannies and other childcare.

While implementing the policy, URSSAF created two new services, called Cesu+ and Pajemploi+. The employer can pay the employee by check, wire transfer, cash, PayPal and maybe more. There are some restrictions as to how much a cash payment can be. With the “plus” service, URSSAF can transfer the net salary directly from the employer’s bank account into the employee’s designated bank account, with prior approval of the employer.

https://www.lemonde.fr/argent/article/2020/01/09/particulier-employeur-et-prelevement-a-la-source-mode-d-emploi_6025254_1657007.html

INFORMATION THAT MUST BE GIVEN TO THE BUYER OF AN APARTMENT IN FRANCE
On several occasions, I have mentioned that notaires are obliged to inform both buyer and seller of all consequences of a property purchase. The rights and obligations linked to a property are passed from seller to buyer when the closing is signed. The notaire has a duty to control and therefore inform, which covers many issues. The most obvious is that the seller is the lawful owner and that the title is clear so it is safe to buy the property and live there. Another mission is to make sure the buyer has all the information needed to make the right decision and buy the place for the right price. Sometimes the amount paid to the seller differs from the purchase price if a known liability is attached to the property.

The obligation to repay a loan backed up by a mortgage is obvious, and thenotaire rarely neglects this information. But certain more insidious issues are likely to be overlooked by both the notaire and the buyer. One common concealed liability is a lawsuit pending when the property changes hands. If a suit is underway in the middle of the procedure, it is virtually impossible to know the outcome until the court rules. This issue is usually downplayed or ignored because most such cases deal with unpaid condominium charges. In these lawsuits, the unknown costs include the amount of legal fees the co-owners will have to pay, and when the court case will end.

However, when there is a lawsuit concerning matters such as the firing of thegardienne, dealing with a contractor accused of bad construction work, or settling with the city regarding cleaning and maintenance of the facade, the outcome can end up costing the co-owners a lot of money, so it is imperative for the buyer to be properly informed of the risk, and escrow is virtually impossible since the amount per apartment will not be known until the case is settled.

Information of this type must be included in a document called état daté, which the property manager (syndic) issues on request of the notaire. It summarizes all amounts owed by the seller, including unpaid charges and any amount linked to work already voted but not yet paid for. Each is clearly identified, and such items rarely cause problems. The buyer understands that once a contractor starts working, the final cost might be lower or higher than what was voted during the general meeting but what counts is the motion that has been voted.

The état daté must also list all current lawsuits. A ruling by the French Supreme Court, the Cour de Cassation, on June 20th 2019 addresses this issue. A syndic stated in the document that there were issues with the underground parking pending in a court case. Much later the buyer found out that the issues were linked to grossly defective ventilation, in the parking lot as well as in the staircases and common areas, creating a serious health hazard for residents. The syndic claimed the buyer was informed of the existence of the lawsuit, but was found guilty of misrepresentation.

I strongly advise anyone buying an apartment in France to carefully read all minutes of three or more recent annual general meetings and make sure they understand every motion voted on. If necessary, investigate why the motions were on the agenda and voted on. Ideally, you should also read the notification of each general meetings (convocation à l’assemblée générale), as these have much more information than the minutes. In the court case mentioned above, the minutes simply noted approval of a motion to take the contractor to court, but the pre-meeting notification would have included the letter from the co-owners’ lawyer explaining what the case was about, probably along with the expert’s memo listing the problems, and so on – enough information to show much better what was at stake. By law, the seller is only obliged to give the minutes of the three most recent general meetings. This is a great improvement, compared to before, but this above-mentioned court case shows its limits.

For more information on the état date, see www.lemonde.fr/argent/article/2020/03/21/copropriete-quand-l-acheteur-n-est-pas-informe-des-procedures-judiciaires-en-cours_6033918_1657007.html

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

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

Best regards,

QUESTION

PROOF OF ADDRESS FOR THE PREFECTURE

In light of the Paris citywide lockdown, will my June visa interview at the prefecture still be on schedule? I was in Paris two weeks before the shutdown, looking for an apartment to rent. But unfortunately, I left before I could secure one, for fear of being locked down in France. So I came back home to the US early, and hope that I can return to Paris again soon. If I cannot find a suitable apartment to rent long term, is it ok to rent one for, say, 3-6 months, just to provide an address for the visa application?

QUESTION

CAN A PREFECTURE LIST BE TRUSTED?

I wanted to thank you for your monthly comments. I always find them informative and, at times, thought-provoking. In your current notice I did find an item where I wanted to offer a comment. Regarding taxes, it is probably worth noting that while there may be no tax due if there were no earnings in France, social charges (CSG/CRDS) may still be assessed, even if the person filing the taxes is not receiving assurance maladie. However, once that is noted, there is the golden lining, so to speak, of now being able to claim the social charges as a US tax credit.

Regarding the note about tax filing being requisite for a 10-year carte de résident, there are many reports of people having been required to show proof of tax filing, but in our own case, we were never asked to provide evidence of tax filing at any point, from the original visa de longue séjour to the carte de résident. Also, the official information pages do not list tax filings as a requirement.

It was obvious to my wife and me that we received better than average treatment during all of our contacts with the French consulate in the US, and at the prefecture here in France. However, I credit some of that preferred treatment to the way we presented ourselves: We spoke only French, we were relaxed, calm, in good humor, we never challenged anything, and where there were questions or issues, we always asked for help and advice.

However, as to the list of detailed documents, I can say that, at least in département 06, there is no published requirement to show the avis d’imposition sur les revenus. Here is a link to the page for renewal of a carte de séjour temporaire. I chose this option since it would assume being present in France for over a year.

http://06.accueil-etrangers.gouv.fr/demande-de-titre-de-sejour/vous-etes-ressortissant-e-non-europeen-ne/vous-etes-ressortissant-e-de-pays-tiers-non-algerien-ne/vous-etes-en-france-vous-avez-deja-un-titre-de-sejour/vous-souhaitez-obtenir-son-renouvellement/pour-l-obtention-d-une-carte-de-sejour-temporaire/article/pour-l-obtention-d-une-carte-de-sejour-temporaire.

From Wikipedia:
““Money for Nothing” is a single by British rock band Dire Straits, taken from their 1985 studio albumBrothers in Arms. The song’s lyrics are written from the point of view of two working-class men watching music videos and commenting on what they see.”

So many things are happening, especially in the USA, most likely because it is a federal country and different states have very different policies and they are dealing with the pandemic in very different ways.

As far back as I can remember, the US government has never distributed cash in this way because of an economic crisis.

Congress passed the Coronavirus Aid Relief and Economic Security (CARES) Act, which the president signed into law on March 27th. This was a first; it was a big deal and was widely commented on in the media and in Congress. Many conservatives strongly criticized it. The argument that struck me the most, as a Frenchman, was that it was dangerous, inappropriate, maybe even counterproductive to give out large sums of money just like that because times are hard. For American conservatives, it went against fundamental American values.

There were cash payments (technically, tax credits) for individuals and families. Essentially, an individual earning less than $75,000 a year receives $1,200, and a couple earning less than $150,000 a year receives $2,400. Families also receive $500 per child. Individuals and families making more than that receive reduced amounts, up to certain thresholds. Individuals making more than $99,000 and married couples making more than $198,000 receive no cash payment.

The conservatives see welfare, which includes distributing food stamps and unemployment benefits, as a burden on society. At the same time, they argue for a legal right to use the tax code to one’s benefit.

The theme I heard was that if the federal government gives out too much money and for too long, it will weaken the American spirit of entrepreneurship and the self-made man.

I think in the long run it is cheaper to let the businesses of the country remain open. The best way to do that in an extreme crisis is to make sure poor and middle-class people have enough money to pay for their housing, food and transportation – in other words, the basic necessities of life. A family that is evicted, and therefore homeless, does not pay rent to anyone. A repossessed car sitting in a parking lot does not use gas and does not need parts and oil changes. Many other examples, with details that in the course of a normal life we all take for granted, could illustrate my point.

In September 2009, I raised a similar issue about President Obama’s bailout plan, under the title

HOW MUCH IS A CLUNKER WORTH? 
I was again discussing the type of help being offered. The overall amount was considerably less and targeted only the big three American car manufacturers. Here is what I wrote then:

“On one hand, it is clear that subsidies always distort the market and therefore are unfair by their very nature for one reason or another. Furthermore, the negative effects of these subsidies are visible as soon as the programs end because new cars will not sell as well and the sizable drop in sales will hurt the car industry. …
The use of the car is so widespread in the USA and the automobile industry has such an impact on the global economy that choosing this controversial way of spending public money is probably the lesser of two evils. Anything that stops or limits the global recession helps the country. Is there a better way to help the American economy? Maybe, but I have no knowledge of anything better. All in all, good news is coming from the employment front and people have started to say that maybe the crisis will soon be over. Can one be related to another? Again some experts disagree about this. What I noticed was that the American nation is starting to believe that the end of the tunnel is near and this is undoubtedly excellent news for everybody, including the rest of the world.”

Today I would like to make two very different points. The first is about the French system of subsidies to individuals regardless of the pandemic. Most of the payments are issued by the Caisses d’Allocation Familiales (CAF), a program that originally provided families with financial support during pregnancy and the first three months of a child’s life. The CAF now has 18 programs dealing with four major situations:

• Petite enfance – infancy
• Enfance et jeunesse – childhood and youth
• Logement et cadre de vie – housing and living conditions
• Solidarité et insertion – solidarity and economic integration

In 2017, the CAF provided payments totaling 73.2 billion euros. Almost half the French population receives some subsidy from the CAF. The French as a nation recognize the need to help certain categories of people. Culturally there is no stigma attached to receiving such subsidies, especially payments other than theRevenu de Solidarité Active, (R.S.A.), which is the equivalent of income assistance. Consequently, the decision to have a stimulus plan somewhat similar to the US one was not criticized, and the French administration knows exactly how to do this. Furthermore, because France has universal health coverage, requirements to wear a mask, get tested or go to a hospital involve little cost to individuals and no one has to wonder how much it will cost, and whether the patient can pay or what services are covered.

My second point concerns the cost of the economy collapsing. There are always those who will criticize any government financial involvement in the private sector and in people’s lives. I understand and respect the fact that this makes perfect sense for a certain type of morals or ethics. The American Republican Party has long held such views. It also favored controlling and limiting public spending, which again makes total sense in that context.

Anyone who works in social services, either as a profession or with a non-profit organization, such as the Salvation Army, quickly realizes how much it costs a country to support people who become homeless and destitute. One consequence is that they are no longer consumers who can sustain the economy with their spending; they have no money because they have no jobs worth talking about. Within just a few days of being evicted, the average person who becomes homeless is broken so severely that it takes years to get them back into normal society. But people who keep their home and receive enough public money that they do not have to worry about being evicted can work on getting a job, sending applications or preparing to launch a new business. When the worst of the crisis is over, they are ready to get back to work regardless of what they do. In terms of just contributing to the IRS and Social Security, subsidizing part of the population for a short period costs relatively little, given how much they will contribute later on.

Thus there is no such thing as “money for nothing” in such situations. The money enables people to keep their dignity and their ability to work and contribute. Maybe instead of rehearsing financial and economic reasons to choose this or that policy, we should ask what it takes to treat a country’s population with respect and understanding of their needs. On several occasions, the US presidential campaign has brought up this issue as a topic of discussion.

Criticizing “Money for nothing” and stating “the state is infringing my constitutional right to freedom” are, to me, two sides of the same coin.

This opens up a new discussion in view of the pandemic that is sweeping the USA. Maybe it is time to put people’s lives first when political decisions are being made.

PREFECTURES REMAIN CLOSED; THE VALIDITY OF FRENCH IMMIGRATION IDs IS EXTENDED FOR SIX MONTHS
All prefectures in France have been closed since March 17th. Cartes de séjour, récépissés, visas,autorisations provisoires de séjour (APS) and so on that expired or will expire since then have had their validity extended for at least six months. When the system reopens, all those expired documents will be considered valid and procedures will resume as usual.

The extension went into effect on April 22nd in application of Article 16 of the emergency law dealing with the Covid 19 epidemic. So far it concerns all of the following documents that expire(d) between March 16th and May 15th:

• long-stay visas
• residence permits (mainly cartes de séjour) except diplomatic ones
• carte de séjour RESE « Recherche d’Emploi / création d’Entreprise » previously called student APSAutorisations Provisoires de Séjour
• récépissés

OVERSTAYING THE SCHENGEN PERIOD BECAUSE OF THE VIRUS 
I have helped many US citizens who have overstayed the three months they are allowed to be in the Schengen area. They often get fined or have to miss their plane and therefore get stuck for a while in another Schengen country. French officials, especially the Charles de Gaulle Airport police, have always given lenient treatment to US citizens who overstay, even several times. I am sure this leniency will continue in May, as the crisis situation evolves both in France and in destination countries.

Since airlines cancelled almost all flights because so many countries, including France, shut their borders, foreigners with tourist status, whether a short-term visa or visa-free entry, often could not leave France on time. For some, overstaying would have few effects, as mentioned above. But others could run the risk of serious consequences, such as criminal prosecution and being banned from re-entering France for several years.

To avoid this, the Paris prefecture has created an email address where people can ask for an official document a few days before their legal stay ends, allowing them to legally leave France at the end of the lockdown (note that this is specific to the Paris prefecture). The request, sent to pp-dpg-sdaeprolongationvisa@interieur.gouv.fr, must include scans of the following documents:

• the ID page of the passport and the page that was stamped upon entering France
• if applicable, the C tourist visa issued by a French consulate, expiring in less than a week
• proof of accommodation in Paris (e.g. copy of hotel reception certificate or affidavit of lodging –attestation d’accueil)
• proof of your difficulty in returning to your country of origin.

FRENCH INCOME TAX: THE TIME TO DECLARE HAS BEGUN
Regarding the more mundane topic of income tax, I would like to remind everybody that paper versions of the 2019 income declaration must be filed in France by June 12th 2020 midnight. The declaration forms are available at www.impots.gouv.fr. You can file your declaration on the same website, unless it is your first time, in which case you must file on paper. To file online, which has been possible since April 20th, you need your tax ID number and some access codes.

Note that if you file online, the deadline is later. The schedule depends on your postal code:

• départements 01 to 19 must file by midnight on June 4th.
• départements 20 to 49 by June 8th.
• départements 50 or higher by June 11th.

An important reminder: If you are a French fiscal resident (i.e. if you hold a carte de séjour or an immigration visa validated with an OFII stamp, and comply with the requirements), you must declare your worldwide income to the French authorities even if you have no income in France and do not have the right to work in France. There is no penalty for neglecting to file, but not meeting this obligation is illegal and can have consequences.

You are a French fiscal resident if you: 

• stay in France 183 days in a calendar year, whether you have legal immigration status or not
• have immediate family members (spouse and/or minor children) living in France
• have a French employer
• run a French business, even something like tutoring schoolchildren in English.

Current government-sponsored advertising campaigns refer to paper forms as thing of the past. For now, declaring electronically gives you an extension of a few weeks.

Some foreigners neglect to declare their worldwide income to France. Some of them hold a student immigration status, and think that this obligation does not apply to them. Some of them hold the ‘visiteur’ immigration status and think that the prohibition to work included in this status, prevents them from declaring to the French tax office. After all, why declare your income to France when you are prohibited from earning money in France? When they realize their mistake, they wish to file for the last three years as the statute of limitations for this kind of fiscal issue allows it.

What infuriates me is that I have recently seen a trend in which tax offices in the Paris region systematically refuse declarations that they considered too old. Thus, in 2020, one can declare income for 2019, 2018 and 2017. But many of my clients who have tried to declare three years at once have had the filing refused on the grounds thatvisiteur immigration status, even with proof of a stable long-term address in France, is not enough to be considered a fiscal resident. In one case, the tax inspector took up an entire A4 page detailing why such status could not be accepted for a single American man who had lived in France for a decade. The letter listed all the reasons this client did not fit in but purposefully “forgot” the criterion of staying physically in France for a minimum of 183 days. And yet declarations that are not filed late, even the first ones done on paper, go through the system and create no problem.

Keep in mind that to request a carte de résident, you have to have, among other things, proof of five years of fiscal residence, which requires the avis d’imposition sur le revenu.

HOW THE PANDEMIC AFFECTS SCHEDULING OF CO-OWNER GENERAL MEETINGS
The annual assemblée générale (general meeting) of a copropriété (property co-owners) must be held in order to vote on at least two things: the budget, and the amount the co-owners will pay; and the contract with the syndic (property management firm). Normally the meeting must occur no more than six months after the books are closed. As that generally takes place on December 31st, the meeting must be held by June 30th.

Because of the lockdown, however, many meetings could not be held, so a special regulation has been issued. Any meetings scheduled before March 14th should have been held and thus are not affected, but any meetings scheduled after that date will have been cancelled, and the new regulation applies. The syndic will not be allowed to call the meeting until after the government declares the health emergency over, allowing meetings again.

These two regulations, the ordonnance n° 2020-304 issued on March 25th 2020, then modified by the Ordonnance n° 2020-460 issued on April 22nd 2020, very exceptionally authorized these meetings to be held until the end of this year.

THE NAVIGO PASS WILL BE REIMBURSED IN MAY
A website will be launched in early May on which holders of the Navigo transportation pass, which costs 75.20 euros a month, can request reimbursement for April and the first part of May. The same will apply for the 37.60-euro senior and ImaginR student passes. Since most employers already pay half the cost of the Navigo, this will boost the spending power of many local residents. The reimbursement will also apply to teleworkers, employees on partial or complete unemployment, and self-employed people who have had to close their business.

www.service-public.fr/particuliers/actualites/A14010

GOVERNMENT HELP FOR SMALL BUSINESSES AND INDEPENDENTS 
As is often the case, the French system takes people’s real financial situation into consideration when deciding what assistance they receive for losses incurred because of the pandemic. This means that to obtain this financial help, independents and small business owners have to fil out a form documenting their financial loss.

Since the conditions are rather complicated, here is a link to a site that explain them:
https://www.secu-independants.fr/action-sociale/aide-coronavirus/

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

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

Best regards,

QUESTION

WHEN A NON-PAYING TENANT HAS A GUARANTOR

I live in the USA and I own an apartment in the 7th. My tenant chosen by the agency has not paid the rent for over six months. My tenant is a young single mother. About a year ago, she asked me to certify her payments for allocations familiales/aide au logement and I signed the form and kept a copy for myself. The owner of the agency met with her last week and confirmed that the tenant does not have the means to pay the rent. The baby and Covid 19 are hurting her business really badly. But I cannot continue hosting them for free! The lease agreement is for a furnished apartment as a primary residence. The debt is now 12,500 euros. At the time of signing the contract in late 2017, I asked for a guarantor and I have documentation relating to a lady who I assume was her employer at the time.
Given this picture of the situation, please clarify: 
What is the eviction practice in France in these situations? Approximately how long will it take to get the apartment free again?
What action do you suggest I take against the guarantor? Is the guarantee subject to a time limit?
Is it possible to check the condition of my apartment? (I fear for my paintings and furnishings.)
I need a definitive solution fast, as I need this money.

QUESTION

INSURANCE CLAIM WHILE RENTING AN AIRBNB-TYPE PROPERTY

I managed to rent a large studio, through an agency in Paris and I have learned that it is a vacation lease signed with the owner. The reality is that the agency does not manage the lodging. As the middleman, it communicates with the owner, and deals with my numerous grievances. Today I found a small leak behind the faucet of the shower in my bathroom. I let a plumber in and the repair was done in 5 minutes. There was no visible damage to my apartment. There was some damage downstairs. The agency representative asked me to complete the damage report with the downstairs neighbor, and told me that I have had a policy in my name, purchased by them when the lease was issued.

What should I do next? The owner has insurance and the agency has insurance, and they say this policy is in my name. The owner seemed to infer that I do not need to worry about it. It would be a huge issue if I was made to pay for the damage done to the apartment below, because I have no idea what the neighbor downstairs is going to claim.

I would like to wish all of you a great summer
and a very nice vacation;
I will start mine in about three weeks

Father & Son
Cat Stevens

It’s not time to make a change,
Just relax, take it easy
You’re still young, that’s your fault,
There’s so much you have to know
Find a girl, settle down,
If you want you can marry
Look at me, I am old, but I’m happy
I was once like you are now, and I know that it’s not easy,
To be calm when you’ve found something going on
But take your time, think a lot,
Why, think of everything you’ve got
For you will still be here tomorrow, but your dreams may not
How can I try to explain, when I do he turns away again
It’s always been the same, same old story
From the moment I could talk I was ordered to listen
Now there’s a way and I know that I have to go away
I know I have to go
It’s not time to make a change,
Just sit down, take it slowly
You’re still young, that’s your fault,
There’s so much you have to go through
Find a girl, settle down,
If you want you can marry
Look at me, I am old, but I’m happy
All the times that I cried, keeping all the things I knew inside,
It’s hard, but it’s harder to ignore it
If they were right, I’d agree, but it’s them you know not me
Now there’s a way and I know that I have to go away
I know I have to go

The song “Father and Son” was recorded on Cat Stevens’s fourth album, Tea for the Tillerman, released in 1970.

The choice of this title is very unusual. I was discussing the previous title, “Hard-Headed Woman”, with a longtime friend of mine who did not know the artist or song. We were talking about what defines a “hard-headed woman”, how it can be a compliment for a woman today, and so on. As a person of conservative Asian origin, she felt uneasy about this term being applied to her as a compliment..

Looking at all the songs on the same album, Tea for the Tillerman, she picked “Father and Son”, saying she felt a lot closer to it and especially to the lyrics. She added, “This should be the title of your next issue.”

It has been a challenge as well as a difficult exercise to start drafting everything through this prism, instead of drafting first and finding a title that can unify the patchwork my column has always been.

I would like to thank you, my friend, for putting me to this test. After all, this is summertime and I am writing while on a road trip.

AN UPDATE ABOUT THE CHANGE OF RESIDENCE CERTIFICATE
I just received a message from a client about the outcome of an issue with the French consulate in Los Angeles.
Since our last correspondence, the Los Angeles office of the French Consulate has issued us a certificat de changement de résidence. They sent it with a note that this was an exception. However, we did notice they have changed the information on their website to state that you can apply for the certificat even if you are a foreigner. So, we will hope for the best for moving our Alfa Romeo, and will check into getting a tax certificate as indicated in your most recent newsletter. I love the newsletter. Your Hard-Headed Woman article is terrific.”

NEW LAW AFFECTING THE TENANT-LANDLORD RELATIONSHIP
The Loi Elan, passed in November 2018, changed a lot of things. I would like to focus on the rental side of the law. It has been said it seems to remedy some of the negative consequences of the crackdown on short-term Airbnb-type vacation rentals. I tend to disagree with this analysis, as it worsens the penalties and controls. On the other hand, it creates a specific lease that maintains the French approach to the tenant-landlord relationship while addressing the trend of people wanting to stay longer term.

Bail mobilité
The most interesting new provision is probably the,i> bail mobilité, a lease for between one and ten months that can be renewed once as long as the total stay is not be more than ten months. It only applies to furnished apartments.

The following provisions in particular that show this is not Airbnb competition:

• 1 – There is no security deposit, and the rent can be freely set as long as it stays within the rent control of the city, where applicable. Also, the lease itself must state why this type of lease is needed.
• 2 – If the rental goes past ten months, it becomes a normal furnished apartment lease lasting nine months for student tenants and one year for others.

Rent control
As mentioned above, rent control in Paris has been reinstated for a five-year test period. The administration sets a maximum that depends on location, size and a few other conditions.

Further crackdown on Airbnb-type rentals
As you will see the controls will be increased and the sanctions will be stiffened

Any private individual who does not declare such a rental to the city can be fined up to 5,000€, and failure to report the number of nights booked carries a fine of up to 10,000€.

If the booking website does not comply with its legal obligations – by, for instance, publishing properties without the city-issued registration number or neglecting to report the number of nights booked – it can be fined as much as 50,000€.

Definition of decent lodging now covers pests such as bedbugs
Infestation of apartments by vermin has become increasingly common. The normal regulation states that the tenant takes the apartment as is, and is responsible for what happens in it. Tenants often discover infestations quickly but until now, when they reported it, the owner could disclaim any responsibility.

Domestic abuse victims can leave without being liable for rent
It is difficult to find the right balance between the landlord’s right to be paid rent and a domestic abuse victim’s need to flee for her life and cut all ties with her previous life, including paying rent for a place where she no longer lives.

The law lays out guidelines for such cases. The woman is off the hook if she produces a restraining order from a judge or the record of the perpetrator’s conviction. At first sight this might seem to be of little help for the victim. But French court procedures are quite slow and can be stalled enough to get documentation. I am pretty sure that when the woman presses charges and the criminal justice system starts a procedure against the perpetrator, the landlord will go easy on collecting the money. The debt will be dissolved, legally speaking, when the above-mentioned documents are filed with the landlord.

I have no idea how the Loi Elan is going to affect landlords and agencies or how they will react. The bail mobilité will be easy to abuse, so I hope some provision for oversight is being made. I am sure that nonprofits dealing with domestic violence are preparing procedures and are training staff and volunteers to systematically make sure that this provision is properly followed. I hope the testing that landlords are supposed to carry out before renting will now include various types of infestation.

More generally, the Civil Code used to refer to normally expected behavior, exonerating a person from liability, as en bon père de famille, which literally meant “like a good father” but essentially translated as “reasonably”, the word now used (since 2014). When a law creates a new right, such as that implied by thebail mobilité, and there are no precedents, the lower courts often base their rulings on this concept.

BOOKING AN APPOINTMENT WITH MOST PREFECTURES
An article in Le Monde on June 1st carried the title Titres de séjour : le prospère business de la revente de rendez-vous en préfecture .

The article
Residence permits: the successful business of reselling appointments in the prefecture.
These days, the business of making appointments at the prefecture to apply for a residence permit is flourishing.

This formality, which has long fed endless lines of foreigners in front of the prefectures, is increasingly done online. At least half the departments in France have developed paperless procedures, which have led to physical waiting lines being immediately replaced by virtual ones. The gray-market appointment resale system had only to be brought up to date with digital technology.

“For the prefecture of Bobigny, count 15 euros for a request for renewal of a residence permit,” announces the young salesman of a shop, who in a few days and as many clicks can get an appointment for the start of the 2019 school year, while for the average person no available slots have appeared for more than six months.

For those who can’t go to a shop, there are plenty of solutions on the Internet. “Limited offer – first come, first served!” “Appointments available at very low prices!” “Only 35 euros!” On Facebook, pages are springing up and their purpose is unequivocal: “SOS prefecture appointment,” “Exceptional appointment for admission to stay,” “Getting an appointment for naturalization.” A business approach is taken for granted: “If you sponsor six people, you can have your appointment for free,” promises one site. “And we don’t forget those who … want to help! You’ll get a really tempting commission!”

The administrator of one such page explains: “The prefecture opens weekly time slots, but there are so many requests that after five minutes everything is full.” He and other intermediaries take this congestion as an opportunity to exercise their computer skills. “We have a program that automatically checks free slots, and when they appear, we register you,” says another Facebook page administrator. “First, we register you, and then you pay.”

The service is generally priced between 15€ and 200€, depending on the prefecture, the papers requested and the reseller. The Ministry of the Interior is aware of the gray market and ensures that “the facts are reported to the courts.” In early 2019, the Bobigny and Nanterre prosecutors’ offices opened investigations – a drop in an ocean of informal-sector resourcefulness, which feeds on the scarcity of appointment offers.

“The problem is the lack of slots made available,” says Nicolas Klausser, who is responsible for residence issues at Cimade [a nonprofit that works with refugees and undocumented foreigners]. “The administration does not have sufficient resources and foreigners suffer as a result.” In 2018, Cimade accompanied foreigners several times in administrative courts to denounce the public service dysfunction and force prefectures to register title applications.

In France, 3 million people hold residence permits. They may have to apply for renewal of papers, naturalization or a travel document, or exchange a foreign driver’s license for a French one, and so on. In addition to these people there are those apply for regularization of their status. The Ministry of the Interior does not deny the administrative overload exists but admits it does not know how to “statistically estimate the number of people who fail to get access to the prefectures.”

In November 2015, Cimade began developing a bot that evaluates service congestion hourly. The results can be striking. On the Cergy prefecture website, since December 2018, no bot test has managed to identify a slot to request renewal of a residence permit. In Meaux, no bot test has succeeded since December 2017. The same applies throughout April in Nanterre for naturalization applications, in Bobigny for exceptional residence permit applications. “There is no free time slot for your appointment request. Please try again later,” says the prefecture. And so on, in Metz, Strasbourg, Toulouse, etc.

Mariam is a member of the invisible contingent frantically refreshing a prefecture web page on the lookout for a slot – in vain. In France since 2013, the Guinean mother has been trying to get an appointment in Seine-Saint-Denis to ask for regularization of her status. Two or three times a month, she goes to Bobigny to seek information from prefecture officials. “Once, in the queue, there was a man who said he was a lawyer and offered to help me, for 1,000 euros to be paid in several installments,” she says.

Tati, from the Democratic Republic of the Congo, has been trying to make an appointment at the prefecture for six months to apply for an illness-related residence permit because her son has sickle-cell anemia. “The lines were long, but I knew in the morning if I was going to get in. With the new system, I’m constantly on my phone. I wake up every night too. I’m exhausted,” she sighs. She heard about the gray market schemes that are proliferating, but never wanted to take the plunge.

Klausser of Cimade points out that people who fail to renew their papers face “major problems of disruption of their right to work or social benefits.” Those trying to regularize their situation run a risk of expulsion.

Oksüz was one of the latter group. We met him during a visit to the Mesnil-Amelot (Seine-et-Marne) administrative detention centre in early May. A Turk who had been living in France for twenty years, he was arrested at a construction site and detained. “I work in the construction industry as a carpenter or mason,” he assured Le Monde. “I am on permanent contract and have had pay slips since 2015.” As he met the criteria for possible regularization, he had tried – but failed – to make an appointment.

The Ministry of the Interior recognizes that “we can do much better, even if there is no magic formula.” An upper level civil servant at the ministry said, “In the long term, solutions must be found to simplify procedures.”

As early as 2015, a report by the Inspection Générale de l’Administration [which oversees the ministry] called for rationalization and simplification of the administrative process for reception of foreigners. “In the short term, we are trying to give the prefectures some fresh air by allowing them to recruit agents,” but there is a risk of these new resources being co-opted to meet other needs. “Credential services are stripped of personnel to cope with an increasing workload,” the ministry acknowledges. In 2018, the prefectures had to deal with a 20% increase in asylum applications and a 30% increase in the number of expulsion orders.
End of article

The Napoleonic vision was that the state had an iron fist to protect the population from wrongdoing, and this was the basis for a criminal justice system favoring the prosecution. In the 20th century, the successful fight for individual rights in virtually all possible domains severely weakened the mighty power of the state over the people. Many rightly see this as unquestionable progress. But as the prefecture procedure shows, some problems in France stem from the fact that the system continues to be structured around the type of power it used to have, and efforts to find a quick fix seldom solve the problem but instead just hide it from view. The absolute power that fathers had over their wives and children is long gone and the current balance of parents’ authority over their children is a good thing. A more democratic system is a good thing. Ascertaining the authority that the state has over the people, so that the state offers fair and equal service and protection, should be the duty of the system. I believe the French government and administration currently fall short in many instances.
www.lemonde.fr/societe/article/2019/06/01/titres-de-sejour-le-business-de-la-revente-de-rendez-vous-en-prefecture-prospere_5470146_3224.html

WHETHER TO HAVE A CONCIERGE THE DILEMMA FACING PARISIAN CONDOMINIUM OWNERS 
Is it better to have a concierge (gardien/ne d’immeuble) or not? This question can lead to hours of discussion at the annual general meeting of the copropriété, the co-ownership group of most every condo apartment building.

The classic situation is that the concierge lives on the ground floor in a space called the loge and keeps an eye on everyone who enters and leaves the building (even though this has never been their official job), watching from behind the curtained door at the bottom of the stairs. They are in charge of cleaning and light maintenance in the common areas, and in buildings lacking mailboxes they distribute the post.

Over the past 40 years or so, I can identify three very different periods in the way the concierge was viewed. Initially no one thought of getting rid of them, as they were doing their job. Then, about 30 years ago, there was a trend of getting rid of them, for several reasons.

First, social charges had significantly increased, so employing them cost more than hiring a cleaner. Second, even though the loge was tiny, it was worth a lot of money if sold at market value. Finally, French labor law, combined with the legal protection of the domicile (which the loge certainly qualified as), made concierges virtually impossible to fire even when they did not do their job at all. So, as concierges retired, the loges were sold and a new industry developed: contractors specialized in cleaning Parisian buildings’ hallways, staircases and courtyards, and putting out the garbage bins.

Then about ten years ago I started to hear a completely different tune. Even companies that do an excellent job can never compare with the scope of the work a concierge does just by virtue of living at the bottom of the stairs. Many tenants leave a set of apartment keys with them so that meter reading can always be done and the person is never locked out of their home. Parcel delivery, which has grown enormously with Amazon and other online retailers, is a nightmare if it cannot be done during business hours. The concierge often also does cleaning and/or babysitting for a few tenants in the building and the proximity makes everything easier. Last but not least, buildings with a concierge suffer a significantly lower burglary rate than those without because the presence of a person scrutinizing everyone coming and going deters burglars.

Today, the real estate market puts a premium of about 10% on having a concierge. This is definitely something to think about when seeking to rent or buy an apartment in Paris or other major French cities. The court case detailed in this Le Monde blog illustrates the new trend very well. I hope this explanation makes it easier and more interesting to read.
http://sosconso.blog.lemonde.fr/2019/01/10/copropriete-comment-supprimer-ou-conserver-le-poste-de-concierge-3/#more-22830

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

MY FEES WILL GO UP ON OCTOBER 1st 2019
I plan to change some aspects of my business when I reopen the office on Monday, August 19th. The main reason is to allow my assistant to do some tasks more systematically. One of them is to accompany the clients to the prefecture, URSSAF, CPAM and other public offices. She already handles most of the dealings with the offices where self-employed people are registered. She has also accompanied my clients to the prefecture several times. As her fees are lower than mine, this should compensate for the increase in my fees. On October 1st, I will raise my initial retainer from 270€ to 300€ and the hourly rate from 110€ to 130€.

Best regards,

QUESTION

THE LANDLORD’S RIGHT TO VISIT RENTED PREMISES

Less than two months into a one-year lease, my landlady in Australia notified me that due to changed family circumstances she wanted me to vacate the apartment right away. I balked. At about same time, the key in the apartment lockbox was removed. I consulted with a lawyer at ADIL in the 17th. They say the lease is valid, and the notice does not follow the proper notification process, so there is no reason to vacate, nor to take the walk-through meeting with the owner, who was passing through Paris. I also learned that taking the extra key was a criminal offense. I notified the owner of all of the above via e-mail, noting that using a key to enter without my permission is an additional criminal offense. I taped a note on the door in French and in English, reiterating all this. When I came back, the note had been removed and jammed under the door. I assume that someone entered the apartment again. Any idea about the best next steps? I am a poor French speaker, and over 65.

QUESTION

AUTO-ENTREPRENEUR AND CARTE DE SEJOUR

I have one simple question: Can Americans on student visas set up as auto-entrepreneurs? I ask because at our school in Toulouse we have a lot of Americans who would like to do our course to learn to be teachers, then work for language schools teaching English. They would do all this while studying French, so they arrive with the visa d’étudiant. I know they can work around 20 hours a week , but the problem is that language schools are no longer giving CDD contracts, they only take on auto-entrepreneurs.

From Wikipedia
“Autumn Leaves” is a popular song. Originally it was a 1945 French song, “les Feuilles mortes” (literally “The Dead Leaves”), with music by Hungarian-French composer Joseph Kosma – derived from a ballet piece of music (Rendez-vous, written for Roland Petit), itself partly borrowed from Poème d’octobre by Jules Massenet – and lyrics by French poet Jacques Prévert.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”

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

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

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

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

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

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

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

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

PUMA IS BACK ON THE NEWS AGAIN – MORE BAD NEWS COMING
This has been an endless nightmare, which hasn’t gone away and seems to get worse each time the French administration does something about it.

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

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

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

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

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

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

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

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

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

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

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

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

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

GILTI TAX
The Global Intangible Low-taxed Income (GILTI) is a new provision, enacted as a part of tax reform legislation. Mechanically, it functions as a global minimum tax and introduces a lot of issues for all U.S. shareholders of controlled foreign corporations (CFCs) – especially individuals and partnerships.

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

www.bdo.com/insights/tax/international-tax/the-gilti-effect-tax-reform-and-global-intangible

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

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

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

OFFICE CLOSED FOR CHRISTMAS
The office will close for three weeks for the Christmas holidays, starting on Friday December 21st evening reopening on Monday January 7th morning. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. I did not take much of a summer vacation so I have decided to take some time off, close to the normal length of my vacation. Of course, I will honor the prefecture meetings already scheduled, as well as a couple of other engagements.

OFFICE CLOSED FOR MY 60th BIRTHDAY
The office will close for slightly over two weeks for this occasion. It will start on Friday June 14th evening and will reopen on Tuesday July 2nd morning. As always, I will only be reachable by email for emergencies and important matters as I will be out of France. The service I offer of receiving mail for clients will continue while the office is closed. I have not figured out how I will send the July issue considering the situation.

Best regards,

QUESTION

CHANGE OF IMMIGRATION STATUS WHEN THE MARRIAGE IS OVER

My wife is an employee of a multinational oil company operating in Nigeria and was on expatriation here in Paris. When she got pregnant, I had to come and assist her. Her employer secured a carte de sejour for me with full work permit. Early this year I started work on CDD contracts doing odd jobs. My wife later had to return back to Nigeria for another assignment, leaving me in France, and filing for divorce. My permit is going to expire next year October and I will need to renew it on my own as I cannot have the help of her employer anymore.
I will like to know the following;
How can I go about the renewal?
What are my chances for a renewal?.

QUESTION

TEACHING ENGLISH IN FRANCE

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