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		<title>Backlash</title>
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		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Mon, 01 May 2023 07:01:02 +0000</pubDate>
				<category><![CDATA[2023]]></category>
		<category><![CDATA[COVID]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[RÉCÉPISSÉ ]]></category>
		<category><![CDATA[RESIDENT]]></category>
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					<description><![CDATA[May&#160;2023 &#8220;Backlash&#8221; is the first track on&#160;Notorious,&#160;the eighth studio album by Joan Jett and the Blackhearts, and was the label&#8217;s first choice for a single. The album was released in 1991. I had it made, I never strayedFrom a course that somebody else laidI clenched my fists, I never missOne nite (one nite) you find [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em><em>May&nbsp;2023</em></em></h5>



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<p>&#8220;Backlash&#8221; is the first track on<em>&nbsp;Notorious,&nbsp;</em>the eighth studio album by Joan Jett and the Blackhearts, and was the label&#8217;s first choice for a single. The album was released in 1991.</p>



<p>I had it made, I never strayed<br>From a course that somebody else laid<br>I clenched my fists, I never miss<br>One nite (one nite) you find that ya can&#8217;t turn back<br>So it&#8217;s goodbye to the past<br>Here it comes, here it comes, feel it comin&#8217;<br>Backlash backlash backlash<br>Oh yea, it&#8217;s too bad now it&#8217;s a backlash</p>



<p>Your time ain&#8217;t long you don&#8217;t belong<br>Maybe so but you hope that they&#8217;re wrong<br>Thin skin gets thick it happens quick<br>Like a baby turn her very first trick<br>Hold tight (hold tight) hold tight for the ride of your life<br>And the lovers go by so fast<br>Here it comes, here it comes, feel it comin&#8217;<br>Backlash backlash backlash</p>



<p>Used to love me used to care (do you care?) used to want me<br>Here it comes, here it comes, I guess that&#8217;s fair</p>



<p>Now, do you love me, do you care, do you want me<br>One nite (one nite) we find we&#8217;re outta, outta time<br>Here it comes, here it comes, here it comes a c&#8217;mon</p>



<p>Backlash backlash backlash</p>



<p>I have been seeing backlashes in many parts of the world for quite a while now. Just to mention the most obvious, several demonstrations took place in the 11th district&nbsp;<em>(arrondissement).&nbsp;</em>It is hard to say what events are the most striking, with the longest-lasting effect or the most diplomatic impact. There are many issues which I carefully follow to stay abreast of what is happening in France, the USA, China and Nigeria. I did not feel like commenting on any of them.</p>



<p>Right now, I just want to enjoy spring, family and friends, as we have visitors for the first time since COVID. I also want to make sure everything is ready for my tenant, who is coming in early May, so that this adventure can really take off.</p>



<p>Recently at church I heard a sermon titled “The Bridge Test” about how to reach out to people. I was quite touched by it. I chose a long time ago to build bridges between people, hoping to avoid violent and too common backlashes as much as possible. How many bridges do we need to build to make a difference?</p>



<p><strong><span style="color:#5182FF" class="color">50 STATES &amp; 95 FRENCH<em>&nbsp;DÉPARTEMENTS</em>&nbsp;</span></strong><br>In explaining the French immigration procedure anchored at the prefecture, I often tell clients that mainland France has 95 states. I know this is a terribly imperfect comparison, but the American states and French<em>départements&nbsp;</em>share quite similar duties, including vehicle registration, professional licensing and building permits. Each also has a local government with an executive, a legislative and a judicial authority. In France these are the<em>&nbsp;préfet</em>, the<em>&nbsp;Conseil Général&nbsp;</em>now called the&nbsp;<em>conseil départemental</em>, and what used to be the<em>Tribunal de Grande Instance</em>, now it is the<em>&nbsp;tribunal judiciaire</em>.</p>



<p>Some historical perspective helps in understanding how France came up with this setup. In France, the number of<em>&nbsp;départements&nbsp;</em>is not linked to the addition of new territory, as France’s borders have not radically changed for the last 400 years. The main reason for the creation of this level of local government after the French Revolution of 1789 was that the historical provinces (corresponding roughly to today’s regions until recently) had been ruled by powerful aristocrats. Administratively erasing the provinces took that power from those enemies of the Revolution. When the revolutionary government established 83<em>&nbsp;départements&nbsp;</em>on February 26th, 1790, the guideline was that it should take no more than one day on horseback to reach the prefecture from anywhere in the<em>&nbsp;département&nbsp;</em>. The revolution also determined that the new divisions should be numbered in alphabetical order starting with 01 for the Ain<em>département&nbsp;</em>. The system was more or less stable with 89<em>&nbsp;départements&nbsp;</em>until France lost the Franco-Prussian War in 1871.</p>



<p>A new<em>&nbsp;département&nbsp;</em>called Territoire de Belfort was added in 1871 since the city of Belfort had resisted the Prussian army. On July 10th, 1964, a law was approved to split the Seine (75) and Seine-et-Oise (78) into six<em>&nbsp;départements&nbsp;</em>, a transformation that took full effect on January 1st, 1968.</p>



<p>The Paris<em>&nbsp;département&nbsp;</em>kept the old Seine postal code (75), with the capital city getting its own governmental status, which is not the case with Washington, D.C., the capital city and federal district of the United States. Yvelines kept the Seine-et-Oise postal code (78). This measure altered the numerical-alphabetical order, with the new<em>&nbsp;départements&nbsp;</em>being Essonne (91), Hauts de Seine (92), Seine Saint-Denis (93), Val de Marne (94), and Val d’Oise (95).</p>



<p>After the 1981 election of President François Mitterrand, the policy of centralizing everything in Paris was abolished. Laws passed on March 2nd, 1982; January 7th, 1983; and July 22nd, 1983 created 22<em>&nbsp;régions&nbsp;</em>whose borders pretty much mirrored the provinces that existed when France was a kingdom. The best-known of these, because of their weight in French history, are Brittany, Corsica, Burgundy, Aquitaine and Alsace-Lorraine. The January 16th, 2015 law reduced down to 13 through consolidation, although many of the traditional names, such as Auvergne-Rhone Alpes, were retained.</p>



<p>Among the many reasons for decentralization, the one most mentioned at the time was that it was becoming impossible to handle all decisions in Paris, although that was where the national authorities and central administration offices were located. Spreading the administrative decision-making centers throughout France was a win both for Paris and the cities in which those centers were relocated. Also, everybody agreed that local authorities, being closer to the issues, could make faster, more pertinent decisions.</p>



<p>There was another reason that is seldom mentioned. Although France was no longer a kingdom with powerful nobility, the regional council<em>&nbsp;président&nbsp;</em>is a civil servant and therefore obeys the central state. While the regions got a lot of authority over important issues, the cornerstone of the French administration has always been the<em>&nbsp;préfet</em>, who represents the central state at the<em>&nbsp;département&nbsp;</em>level. I cannot see this ever changing, even if it would be better to make the region the center of authority, with the<em>&nbsp;département&nbsp;</em>becoming a more local authority answerable to the region.</p>



<p>It is interesting that the French administration designates<em>&nbsp;département&nbsp;</em>99 as the code to use in filling out numerous forms when the person is foreign or born in a foreign country.</p>



<p>A recent reform is radically changing the French administration, and this is becoming more obvious every day. Online procedures completely disrupt the way the administration traditionally worked. There used to be two absolute fundamentals of administrative procedures, dating back to Napoléon:&nbsp;<br>1 &#8211; providing original documents and&nbsp;<br>2 &#8211; showing up in person.</p>



<p>This helped the civil servants in their mission to work for the best interest of the state, notably concerning the need to prevent attempted fraud. The COVID pandemic made both of these prerequisites impossible. The administration had to switch to digital quickly to continue operating. There had been a trend toward online procedures, but it was mostly peripheral to the old-fashioned routine. Now, in just three years, so much administrative work has gone totally digital that there have been court decisions against the government on grounds of discrimination related to lack of access to online procedures.</p>



<p>This development ended the old requirement of showing up in person with original documents and a set of photocopies that the administration keeps. Now, increasingly, decisions are being made without the public knowing who decided, where the office is and which administrative division it belongs to. I believe this makes the mild rivalry between<em>&nbsp;département&nbsp;</em>and<em>&nbsp;région&nbsp;</em>outdated, for the most part.</p>



<p>France still faces several challenges in this regard. Just to mention the most obvious ones:&nbsp;<br>1 – Having 100% of the population on board with the digital procedures, either by themselves or with help and support from civil servants,&nbsp;<br>2 – Ensuring that the websites work properly and reliably all the time,<br>3 – Making information and explanations readily available in paper form at designated locations.</p>



<p>I believe this is a hidden revolution. It has led to huge changes that have been happening for at least two years, without the extensive media coverage they deserve.</p>



<p><strong><span style="color:#5182FF" class="color">CORRECTED DATES FOR THE INCOME DECLARATION</span></strong><br>In last month’s column, the item about declaring French income was wrong because the tax authorities changed the schedule at the last minute. Here is the item again with the correct information.</p>



<p><span style="color:#5182FF" class="color"><strong>FRENCH INCOME TAX DECLARATION TIME IS LOOMING</strong></span><br>On a more mundane topic, I would like to remind everybody that the paper version of the 2022 income declaration must be filed in France by midnight on May 22nd, 2023. The declaration forms will be available at&nbsp;<a rel="noreferrer noopener" href="https://ymlpcl1.net/4f3c6umewagaewwjsapaeqjaaamhes/click.php" target="_blank">www.impots.gouv.fr</a>&nbsp;on April 6th. You can start filing your declaration on April 13th on the same website. To do so, you need your tax ID number&nbsp;<em>(numéro fiscal)&nbsp;</em>and a password.</p>



<p>If you are making your first income declaration to the French tax office, you should do so using the paper form and checking the “first-time” box on the form (CERFA #2042) where it says<em>&nbsp;Vous déposez une déclaration pour la première fois cochez&nbsp;</em>(“Check here if this is your first declaration”). It is possible to get the tax office to give you the information needed to declare for the first time electronically, but I tend to advise against it because using paper documents makes it much easier to see and understand how the system works.</p>



<p>Note that the deadline for online declarations is later than that for paper declarations. The schedule depends on your postal code:<br><em>• Départements&nbsp;</em>01 to 19 must file by midnight on May 25th.<br><em>• Départements&nbsp;</em>20 to 54 by June 1st.<br><em>• Départements&nbsp;</em>55 and up by June 8th.</p>



<p><strong><span style="color:#5182FF" class="color">PARIS PREFECTURE ALLOWS RENEWAL OF THE&nbsp;<em>RÉCÉPISSÉ&nbsp;</em></span></strong><br>Ordinarily I would not go into a lot of detail about such a procedure, but I need to now for two reasons:</p>



<p>1 – The&nbsp;<em>récépissé&nbsp;</em>and especially its renewal can be critical to foreigners who hold low-paying jobs. The employers are often strict and require employees to hold a document at all times proving that they are in France legally. But because of the sloppy job often done by the prefecture, the delays frequently exceed the documents’ three-month validity. Some appointments at the prefecture are scheduled two months or more late, so some foreigners do not have the meeting until after their current immigration status expires.</p>



<p>2 – The prefecture has repeatedly had to change its online procedures and many are still severely dysfunctional. It has reached such a point that I seriously wonder if the remaining pitfalls have been put in place to make it even more difficult to maintain legal status. The procedure for renewing the&nbsp;<em>récépissé&nbsp;</em>illustrates this magnificently. Right after choosing “foreigner” (<em>étranger</em>), one has to choose &#8220;COVID information&#8221;. That’s right: the process for renewing the&nbsp;<em>récépissé&nbsp;</em>is hidden in the information the prefecture gives about COVID! To be very clear, on the cover page, one must choose “Information Covid” after having chosen “Ressortissants étrangers” icon on the Paris prefecture website. However, the question of having a<em>pass sanitaire</em>&nbsp;or a&nbsp;<em>pass vaccinal</em>&nbsp;has no bearing on&nbsp;<em>récépissé&nbsp;</em>renewal.</p>



<p>In retrospect I understand what happened, but the situation is now so insane that I believe someone must have decided to keep it that way intentionally. During the COVID crisis, especially when the prefecture was closed, the website had diverse and useful information regarding the consequences of COVID when it came to retaining a legal stay in France. A new use of the<em>&nbsp;autorisation provisoire de séjour&nbsp;</em>(APS) appeared for tourists who were not allowed to fly home. Such unfortunate souls were stuck in France and needed some kind of French ID. The APS was emailed as a PDF! For a short time, the&nbsp;<em>récépissé&nbsp;</em>was sent the same way. So it originally made sense to have the information listed under COVID.</p>



<p>However, the pandemic is over when it comes to the prefecture. I have not seen a civil servant wearing a mask in a long time. Now the procedure involves filling out a simple form asking for renewal, but the&nbsp;<em>récépissé&nbsp;</em>is sent by registered mail. The latter is much more complicated for both the prefecture and the foreigner, and registered mail only stays at the post office for two weeks. I cannot believe that whoever puts together these policies and procedures is purposefully mean. At the same time, the prefecture follows its peculiar logic and established procedures. A registered letter can only be picked up if the person signs for it and shows a valid ID at the post-office. That makes the prefecture happy because it has proof that the foreigner who needs the document is the one who picked it up. The in-person rule is a cardinal one for the prefecture. In this case, it means signing at the post office in front of a postal employee who has checked the person’s ID first.</p>



<p>For those who need this service, you can either go to:<br><a href="https://ymlpcl1.net/70f80umeqafaewwjsaoaeqjapamhes/click.php" target="_blank" rel="noreferrer noopener">www.prefecturedepolice.interieur.gouv.fr/demarches-et-services-en-ligne/accueil-demarches</a>and click on “COVID information” or use&nbsp;<a href="https://ymlpcl1.net/94f7cumeyadaewwjsavaeqjadamhes/click.php" target="_blank" rel="noreferrer noopener">www.prefecturedepolice.interieur.gouv.fr/demarches/informations-covid</a>.</p>



<p>You must establish your right to stay while waiting for your appointment to renew your permit or the decision on your application. This means showing that you have a receipt for your application for a residence permit (first application or renewal) that has expired or will expire within 15 days.</p>



<p>While waiting for a response to your application, you can request the renewal of your receipt online at<a href="https://ymlpcl1.net/8af16ummsaiaewwjsapaeqjatamhes/click.php" target="_blank" rel="noreferrer noopener">https://contacts-demarches.interieur.gouv.fr/etrangers/renouvellement-recepisse</a>.</p>



<p><strong><span style="color:#5182FF" class="color">NEW ROADBLOCKS IN ASKING FOR THE RIGHT TO WORK</span></strong><br>The process of obtaining the right to work is evolving and it is difficult to keep up with it. There is before COVID and after COVID.</p>



<p>Before 2020, each Direction Régionale des Entreprises, de la Concurrence, de la Consommation, du Travail et de l&#8217;Emploi (DIRECCTE) had a branch in every<em>&nbsp;département&nbsp;</em>that issued papers conveying the right to work for employees<em>&nbsp;(salariés)&nbsp;</em>while the prefecture issued the related<em>&nbsp;carte de séjour</em>.</p>



<p>On April 1st, 2021, a huge government reform created the<em>&nbsp;Directions régionales de l&#8217;économie, de l&#8217;emploi, du travail et des solidarités (DREETS)&nbsp;</em>as well as<em>&nbsp;Direction régionale et interdépartementale de l&#8217;économie, de l&#8217;emploi, du travail et des solidarités (DRIEETS).&nbsp;</em>The latter now issues working papers. I am not certain what the logic was or exactly what other responsibilities each one has.</p>



<p>At first this change did not affect the&nbsp;<em>passeport talent carte de séjour&nbsp;</em>whether it was based on an employee position or the creation or operation of a French business. Now, however, DRIEETS evaluates the business project for an<em>&nbsp;artisan-commerçant carte de séjour&nbsp;</em>and even the following sub-categories of the&nbsp;<em>passeport talent carte de séjour&nbsp;</em>need its approval:</p>



<p>&#8211;&nbsp;<em>Passeport talent carte de séjour&nbsp;</em>Nº5 mentioning &#8220;business creation&#8221;:<br>Request for a certificate recognizing the real and serious nature of a business creation project<br>&#8211;&nbsp;<em>Passeport talent carte de séjour&nbsp;</em>Nº1 &#8220;Employee of an innovative company&#8221;:<br>Request for a certificate recognizing the innovative nature of your company (the request must be made by the employer)<br>&#8211;&nbsp;<em>passeport talent carte de séjour&nbsp;</em>Nº7 mentioning &#8220;Economic investment&#8221;:<br>Request for a letter of recognition of an investment project, which must be valued at a minimum of 300,000€.</p>



<p>The goal is to ensure that the prefecture continues to issue<em>&nbsp;cartes de séjour&nbsp;</em>and review applications in what are considered to be sensitive applications, such as requests for regularization (giving a legal stay to foreigners who are illegal immigrants), those involving a sole proprietor of a French business, or a specific family status, etc. My perception is that the civil servants working on files sent through the DRIEETS website are like machines and their responses give no indication why they refuse documents. With in-person meetings, no matter how unpleasant the civil servant reviewing your file might be, when someone is sitting in front of you at the prefecture there is at least a possibility of dialogue, getting an explanation, explaining your situation.</p>



<p>Whether it is DRIEETS or the Agence Nationale des Titres Sécurisés (ANTS) on its Étrangers en France website, this dialogue does not exist. Furthermore, the prefecture rarely answers emails. Since people’s lives rarely make it possible to perfectly fit their standards, it is increasingly difficult to secure immigration status so the<em>&nbsp;carte de séjour&nbsp;</em>can be issued.</p>



<p>Furthermore, ANTS-Étrangers en France requires the “proper documents” to be submitted within one month, and DRIEETS expects them within 15 days. In short, there is hardly any time to fix the situation once the initial request is submitted.</p>



<p>I find it both ironic and sad that the ANTS Étrangers en France office does answer its phone number (‭08 06 001 620),‬ so it should be able to help. But not really, because the people answering cannot do much more than look at the computer screen and tell you if the file is open or closed.‬‬‬‬‬‬</p>



<p><span style="color:#5182FF" class="color"><strong>OFFICE CLOSED FOR SUMMER VACATION</strong>&nbsp;</span><br>The office will be closed for six weeks over the summer holidays, starting on Friday, July 7th, in the evening and reopening on the morning of Monday, August 21st. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/>CHANGING IMMIGRATION STATUS WITH THE NEW ONLINE PROCEDURE<br/><br/></h2><p class="kt-blocks-info-box-text"><em>I have a carte de séjour passeport talent salarié qualifié valid until September 2026. I have asked the prefecture of the Yvelines located at Versailles to change my immigration status to passeport talent créateur d&#8217;entreprise. I have added avis positif of DRIEETS and proof of 30k euros. I want to check if my request is valid or if we can only do changement de statut toward the end of the visa (four months before the expiration). … Am I obliged to spend 30k in the first year? Or is just having an avis positif of DRIEETS enough? I will be doing freelance work and I have asked for a visa for that.</em></p></div></a></div>



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<div id="kt-info-box_471bf9-bd" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text">You raise a complex issue. The first thing I need to do is identify which authority issues which papers and where this step fits in the procedure. Then I can detail the specifics of the new immigration status you want.<br/>To sum up in general terms:<br/>1 – The first step is submitting the request to DRIEETS, which issues papers granting the right to work in France. In your case, this translates into checking whether you will have a sound and profitable business.<br/>2 – Once DRIEETS approval is obtained, the applicant submits the request for the immigration status linked to this right to work. This can be done at the prefecture but more and more often it is ANTS with its Étrangers en France website (see the section above on asking for the right to work). Then an overall evaluation is done, making sure all requirements are met. In your case, this means looking in detail at the business plan and supporting documents proving that at least 30,000€ in business expenses are actually disbursed in the first year. It also means making sure you have the appropriate master’s degree or can prove at least five years of experience in your field. Finally, it checks that business plan and cash flow projections make it reasonable to assume you will earn at least the SMIC, which is the French minimum wage of about 16,000€ in annual net taxable income.<br/>3 – Once approved, the file goes to the prefecture, which finalizes it and orders the related<em>carte de séjour </em>to be produced. This concludes the procedure; you can pick up the<em> carte de séjour </em>as soon as it is available.<br/><br/>There is valid logic behind these requirements. Understanding it may help you comply with them.<br/><br/>The requirement of 30,000€ in business expenses the first year may seem odd if not just plain stupid. For one thing, it fails to distinguish between different types of business. I see two different situations:<br/>1 &#8211; Opening a shop, buying professional equipment and renting a commercial space entail much higher business expenses than this figure, so people engaged in such activities are at a distinct advantage. On the other hand earning at least French minimum wage the very first year is going to be quite difficult.<br/>2 &#8211; Other businesses like consulting do not have many expenses. For such applicants, it is difficult to reach 30,000€ in expenses due to low operating costs, including social charges. On the other hand, consultants with little overhead have a distinct advantage regarding earning at least French minimum wage the very first year. For these candidates, it is easier to meet a requirement of high earnings based on the business plan right away.<br/><br/>In the end, there is a reasonable balance among types of businesses and projects. The bottom line is that the requirements simply ensure that the project has been well thought out, that contracts have been signed and that personal financing is readily available. The French administration&#8217;s end goal is to be sure, before it is too late, that the project is sufficiently strong enough to have every chance to succeed so that the foreigner will be able to keep the immigration status. Asking for a master’s degree or substantial professional experience follows the same logic.<br/>The last issue is that the prefecture issues a<em> carte de séjour </em>that is valid for two to four years, depending on how the project quality is viewed. The prefecture bases its decision on the positive DRIEETS review as well as its own general evaluation. It has inquisitory tools allowing it to check with URSSAF, the tax office, Pôle Emploi, CAF and CPAM. An appointment and review of the situation based on information gathered may also be required.<br/>In short, yes, you prove in your business plan that you will definitely spend 30,000€, and then make sure you do so because the prefecture can find a way to check.<br/><br/>As for the timing, to submit a request to the DRIEETS the applicant must have a valid immigration ID, ideally with several months before it expires. Asking two or three years before the expiration date does not bother DRIEETS at all. In your case, the next step is with ANTS. Creating an account to submit the request is easy. As long as you have a valid ID, the system accepts your request smoothly.<br/>But there could be a problem when they review your situation since you currently hold a<em> carte de séjour passeport talent salarié qualifié. </em>This means you are an employee. That alone prohibits you from establishing a business, as the right to be an employee excludes the right to run a business independently. So, as weird as it may seem, your file might have a better chance of success if you are unemployed, whether or not you receive the Pôle Emploi unemployment payments.<br/>Your biggest risk is that the administration might decide you obtained your current card fraudulently since you are changing so quickly and to such a degree. To minimize this risk, your business plan should have a long section explaining the move and being very persuasive about how genuine it is.<br/>In the eyes of the French administration, getting one status as a pretext for a different one is fraud, whether that is what was intended or not. This risk should not be overlooked or downplayed.</p></div></a></div>



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<div id="kt-info-box_5877a9-34" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>THE DEFINITION OF BEING A FRENCH FISCAL RESIDENT</em><br/><br/></h2><p class="kt-blocks-info-box-text">I enjoyed reading your April 23 Q/A column this morning. I have one comment on France tax residency. If your primary residence is in France, you become a France tax resident on the day of your arrival regardless of how few days you live here in the first year.<br/>We moved here on August 30th, 2021, a few days after selling our house in the US. We mistakenly believed the 183-day rule applied and didn&#8217;t report our 2021 revenue in 2022. Last month we received a notice of Non depôt de déclaration – Impôt sur le revenue. We&#8217;ve since filed for the 4 months and 1 day we lived here in 2021.<br/>From the Strictly Fiscal Facebook Group:<br/>FISCAL RESIDENCY GUIDE 4 &#8211; FRANCE TAX RESIDENCY<br/>France has a relatively simple set of tests for whether you are tax resident here. An official explanation of these can be found both in English, and French, here:</p></div></a></div>



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<p><a href="https://www.impots.gouv.fr/residents-france[English]">https://www.impots.gouv.fr/residents-france[English]</a><br><a href="https://www.impots.gouv.fr/resident-de-france[French]">https://www.impots.gouv.fr/resident-de-france[French]</a></p>



<p>These are based on the French tax code: <a href="https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041464195/">https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041464195/</a></p>



<ol class="wp-block-list" start="5"><li>What these say is that if your household is here, you are resident here. But you will also be resident here if your “lieu de séjour principal” is here: “where you live most of the time” or “your main residence”. There is no 183-day rule, though as a matter of convenience the French administration may use this test additionally to show you are resident (that your “lieu de séjour principal” is here) – but quite certainly they do not say that if you’re here for less than 183 days then you are not resident.</li><li>The tax laws don’t contain further definitions, beyond saying that if you have a substantial professional job in France (paid or unpaid, and no matter where you live) you can also be treated as resident.</li></ol>
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<div id="kt-info-box_ca0c74-37" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">ANSWER<br/><br/></h2><p class="kt-blocks-info-box-text"><br/>I believe that we either stay with the four basic situations I mentioned in my April column, which the tax office defines as pertinent guidelines – understanding that there can be exceptions that require some fine tuning – or we use the definition provided by the Code Général des Impôts:<br/><em>“Sont considérées comme ayant leur domicile fiscal en France au sens de l&#8217;article 4 A : a. Les personnes qui ont en France leur foyer ou le lieu de leur séjour principal.” </em>(&#8220;The following are considered to be domiciled in France for tax purposes within the meaning of Article 4 A: a. Persons who have their home or principal place of residence in France.&#8221;)<br/>But that is subjective, as it depends on how one defines both<em> foyer </em>and<em> séjour principal. Foyer </em>is linked to where the family lives and therefore has to do with the second condition mentioned in my April column: “have immediate family members (spouse and/or minor children) who are living in France and therefore are French fiscal residents.”<br/>As for<em> séjour principal, </em>it is vague. The tax office and other parts of the French administration that use this concept describe it better:<em> “le centre de ses principaux intérêts”, </em>which in English means where one’s main interests in life are, including work.<br/>This is linked to the third and fourth conditions in my April column: “have a French employer” and “run a French business, even something like tutoring schoolchildren in English.”<br/>What is left is the first condition on my list, regarding staying in France “183 days in a calendar year, whether you have legal immigration status or not.” This mentions nothing tangible or visible that anchors the person in France but just evaluates the amount of time spent there. It assumes that staying six months makes it definitive, since that is the majority of the calendar year. When the stay is less than that, more research on the person’s intent is required.<br/>Here is an illustration of this situation. Someone arriving at Charles de Gaulle Airport with a<em>visiteur </em>immigration visa has become a French fiscal resident. Holding this immigration status means the person must declare his/her worldwide income to France. Before the declaration is made, nothing visible indicates this status.<br/>By the way, most Americans holding this status do not know that, mainly because the prefecture does not enforce this legal obligation on them!<br/><br/>A long time ago, I helped a client who received a letter from the tax office mentioning an appointment with the tax inspector. The tax office had received information indicating that my client might be a French fiscal resident who had not declared income to France. Counting the days in France and elsewhere, using the stamps in the passport, the inspector came up with a stay in France of close to five months in the first year reviewed. After a second review of that year, we acknowledged that France was where my client spent most of that year compared to the other locations, so it met the definition.<br/>Regarding the comments from the Strictly Fiscal Facebook Group, the analysis in No. 5 is true, but only once in my career has such a detailed evaluation been needed. Most people can continue to go by the 183-day guideline, knowing that it is just that, a guideline.<br/>But their point No. 6 – “The tax laws don’t contain further definitions, beyond saying that if you have a substantial professional job in France (paid or unpaid, and no matter where you live) you can also be treated as resident” – is inaccurate. For this April column, I copied and pasted at the beginning of my answer, the relevant article in the French fiscal code. The tax law does indeed say something different.<br/>As I said early, I disperse basic information so people can handle life in France with generic guidelines that are safe and accurate almost all the time.</p></div></a></div>



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		<title>Bus Stop</title>
		<link>https://www.jeantaquet.com/bus-stop/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Thu, 01 Dec 2016 06:55:35 +0000</pubDate>
				<category><![CDATA[2016]]></category>
		<category><![CDATA[Carte de resident]]></category>
		<category><![CDATA[carte de sejour]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[LEAVING FRANCE]]></category>
		<category><![CDATA[RESIDENT]]></category>
		<category><![CDATA[RETENUE À LA SOURCE]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2459</guid>

					<description><![CDATA[December 2016 Most people stay away from bus stops. They are known as dreadful places, always found in bad neighborhoods. They cannot be associated with pleasant journeys. Even the worst train stations I have gone through do not have the gloomy lighting and the shaggy feeling one gets when entering a bus stop, getting off [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>December 2016</em></h5>



<p>Most people stay away from bus stops. They are known as dreadful places, always found in bad neighborhoods. They cannot be associated with pleasant journeys. Even the worst train stations I have gone through do not have the gloomy lighting and the shaggy feeling one gets when entering a bus stop, getting off a bus, and getting ready to take a bus.I really like the movie Bus Stop; Marilyn Monroe acts using her inside brokenness in a very skillful way. Her character is about broken dreams and severe disillusionment, a woman with a golden heart stuck in a horrid place.</p>



<p><strong><em>From Wikipedia</em></strong><br><em>Bus Stop is a 1956 American romantic comedy film directed by Joshua Logan for 20th Century Fox, starring Marilyn Monroe, Don Murray, Arthur O&#8217;Connell, Betty Field, Eileen Heckart, Robert Bray and Hope Lange.</em><br><em>…it was the first film she appeared in after studying at the Actors Studio in New York. Bus Stop was based on two plays by William Inge, People in the Wind and Bus Stop. The inspiration for the play Bus Stop came from people Inge met in Tonganoxie, Kansas.</em></p>



<p><em>Considering how often I got on and off the bus at bus stops, I ended up being able to see past the gloom, which is maybe the cheerful image needed to celebrate Christmas this year. I wonder how many people will manage to celebrate Christmas this year with a cheerful heart, having a wonderful time with family and friends, partying as they always do. Some people in the USA seem to feel like they are sitting in a bus stop without knowing how they jumped off the bus. Others feel as though they are stuck in a bus they have not chosen. This Christmas, I remember the people I met in those buses, in those bus stops, those people I ended caring about because I got to know them quite well. Ultimately my bus stop vision is an allegory about immigrants leaving with the hope of a better future elsewhere and arriving at their destination with cumbersome luggage, and mixed feelings of excitement and fear about their new lives.</em></p>



<p>I would like to wish you all<br><strong>A MERRY CHRISTMAS AND A HAPPY NEW YEAR</strong><br>I am looking forward to the year to come, 2017.<br>Like many, I feel that 2016 was a very hard year and I am eager to let it go.</p>



<p><strong><span style="color:#5182FF" class="color">THE GREYHOUND LESSON</span></strong><br>As a French person, I wish to avoid making yet another comment about the results of the latest American presidential election. I heard and read way too many comments, but one in particular caught my attention. It was about not knowing how angry the white working class was.</p>



<p>In 1981, I had just turned 22 and was taking my second trip around the USA. I toured the country exclusively on Greyhound buses. Starting from New York City, I went to Denver, stopped in New Mexico, Arizona, LA, SF and Reno, entered Yosemite Park by way of Nevada and left via the main entrance in California, then went back to SF. After that it was Portland OR, Spokane WA, Cheyenne WY, then a long stretch to Birmingham AL and north to Indianapolis and Notre Dame IN before returning to NYC and then taking a round trip to Vermont.</p>



<p>Basically living off the Greyhound buses taught me the size of the country. I got a physical experience of how big it is, like an imprint on my sore body, riding all those miles. Also, in the summer of 1981 it felt as though the entire American population thought Soviet tanks were in Paris because France had elected a Socialist president a couple of months before with the help of the French Communist Party. So everybody thought I was a political refugee, and the way I was welcomed was quite impressive. This was very different from the current position of America (and most of the Western world!) on how to handle refugees.</p>



<p>What may be more relevant to the recent election is that I met the people who rode the buses, waited in the bus stops, ate in the diners. Being French among them made me an oddity, to put it mildly. We shared hours of discussions, and I learned who they were and, I believe, who they still are. I liked the fact that in the traditional American education system, students from middle school on were expected to work for their spending money. Many would earn the money to pay for their college tuition. So, for several years, they often shared the workplaces of blue-collar workers and got to know them. When they started holding executive positions, they could usually understand the practical consequences of their decisions for the people working for them.</p>



<p>Over the years, however, this practice has disappeared in the USA as tuition has skyrocketed and student loans have become common. Maybe the resulting disconnect between economic classes has affected the evolution of the country. I am sure that 35 years later, members of the white working class rarely live any better than they did then, and probably worse. I believe, and many observers agree, that it is this segment of American population that made the election of Mr. Trump possible.</p>



<p>I feel that I was privileged to have the life-changing experience of that American journey. As a law student in Paris fully financed by my parents, I was going back to a very different life than that of the people I met. This was a summertime trip that lasted three months. In addition to the bus trip, I worked in a port warehouse in Stamford CT doing hard labor, loading and unloading rolls of material on trucks. This is one reason I have the highest respect for the old-fashioned American work ethic. People had to work hard to get where they were, and being an upstanding member in the church and the community was also important.</p>



<p><strong><span style="color:#5182FF" class="color">AN UNUSUAL USE OF A MAID’S ROOM DURING WWII</span></strong><br>A reader sends this reminiscence:<br>“In 1939 my family was living on Blvd Jules Sandeau and my father, fearing the possibility of Paris being bombed, moved us to the south of France. After the debacle and capitulation in 1940 he returned to Paris and moved some of our valuables to the chambre de bonne. After the war when he returned, the apartment was cleaned out but the chambre de bonne was intact. That was a plus for their difficult access. That is another story for these chambres.”</p>



<p><strong><span style="color:#5182FF" class="color">LEAVING FRANCE, CONTROLS AT THE AIRPORT – EU REGULATION</span></strong><br>Another reader writes:<br>“On 2 October, my wife and I left CDG for Minneapolis. At the immigration kiosk I presented our American passports. My wife&#8217;s is virgin, as she usually travels to all other countries, other than the US, on her French passport. The immigration officer looked in vain for an entry stamp and asked when she had last entered France. I told him she was a French citizen. He asked for and got her French passport, and that was that – for her passport. He then asked me when I had last entered France. My answer was slow in coming as it had been well over a year. He then asked if I was married to her. I said yes, and that was that for me. (I have a carte de résident.) Lesson: French immigration authorities have joined their EU compatriots in checking Schengen entrance dates.”</p>



<p><strong><span style="color:#5182FF" class="color">RETENUE À LA SOURCE – INCOME TAX WITHHELD BY THE EMPLOYER</span></strong><br>I wrote the following section for the July-August 2015 issue. Since then, aside from a few snippets in the media, it seems nobody is talking about this enormous reform to the taxation method except the people who are working on it. If you go to government websites, there is detailed information explaining what is going to happen, but it seems that nobody cares. This will be a radically different way to pay income tax in France. Therefore, I am republishing this July-August 2015 section.</p>



<p>France is one of the last Western countries where income tax is paid by the individual directly and not withheld by the employer. There are many cultural and historical reasons why the French people are reluctant to change this set-up, but all of them combined are not enough to explain why it has not yet been done. There is only one technical reason that withholding tax would be very difficult to set up. It is called the quotient familial. I believe France is the only country that taxes the family as a group rather than individuals.</p>



<ul class="wp-block-list"><li>This means the amount of tax you owe changes if:<br>– You get married,<br>– You get divorced,<br>– You have a child,<br>– The child leaves the home,<br>– A family member dies, and/or<br>– A family member becomes disabled.</li></ul>



<p>These events occur frequently enough in the course of a lifetime that if France had withholding taxes, such happenings could significantly change the amount withheld. A withholding system works well only if there is just a small discrepancy at the end of the year. This is why the French system prefers to have taxes paid in three installments. The first two, in February and in May, are calculated on the amount owed the year before, and the last one on the amount of taxes owed for the year.</p>



<p>Now, however, the government is determined to have a new withholding system go into effect on January 1st 2018. Neither employers nor employees are very happy with this. Employers do not want an extra task to complicate the French pay slip even more. Employees do not want the change, as it will mean the employer will know much more about their private lives. Employees will be required to inform employers right away of any of the abovementioned changes in their life. The employers will then be obligated to inform the tax office to calculate the new amount owed. Considering the level of distrust that French employees have toward their employers, this could create major difficulties.</p>



<p>It is going to be interesting to see if this measure actually goes through. Most likely it will, but I can see a lot of problems arising from it, and there will be a lot of unhappy people in France before everything settles down.</p>



<p>To ease the transition to the new method, the French administration will start setting up tools in the second quarter of 2017. It will send employers the rate of income tax their employees paid in 2016. On January 1st 2018, employers will start withholding an amount based on that rate, which will be reviewed in September 2018.</p>



<p>I strongly advise anyone who is an employee in France to be extremely attentive in 2017 regarding this reform. If need be, ask your employer how it is handling the change, what tax rate it has for you, and so on. Keep in mind that even though French employers have paid social charges for decades, they are not really equipped to deal with this. It is important to note that the employee, not the administration, will be responsible for telling the employer when to change the rate because of a change in family situation. Culturally speaking, this is not going to be easy.</p>



<p><strong><span style="color:#5182FF" class="color">MORE ON SENDING A TEXT MESSAGE TO PICK UP A CARD AT THE PREFECTURE</span></strong><br>The document officially called feuille de mise en salle but often referred as fiche de renseignements changed sometime in November at the Paris Prefecture. In the personal information section, it now states that : “nécessaire pour l’envoi du SMS pour la remise du titre”; that is, translated into English “needed for transmission of the text message advising one to pick up the title” which means the new carte de séjour. I know that the prefecture can change this document again at any time, but the new wording is a clear indication that the French administration considers the system of notification by SMS to be here to stay.</p>



<p><strong><span style="color:#5182FF" class="color">NEW LEGISLATION REGARDING FRENCH IMMIGRATION</span></strong><br>On November 3rd I was at the Paris prefecture with clients and there was a traffic jam at the printer-copier. A new regulation to be implemented on November 1st, which is a national holiday in France, was close to 300 pages long. Its printing for this office was taking a long time, keeping the civil servants from doing their job, which includes making a copy of each récépissé issued with the number the applicant is being called by. The civil servant dealing with our request explained that the work done by the entire office on November 2nd had been piled up as they were waiting for guidelines on what to do and which card should be awarded to whom. The upshot is that it is now official: the multiyear cards are now available.</p>



<p>However, the bad news is that the tax linked to the carte de séjour has skyrocketed. Renewal used to cost 110€ because the card is only valid one year; this was less expensive than the initial card or the ten-year carte de résident. Now, just about all cartes de séjour will cost 269€ to renew. The official reason given is that, regardless of how long they are valid, they all cost exactly the same to produce.</p>



<p>There are so many flaws in this logic that I will just review the ones I find the most offensive. The first and most obvious is that it makes a carte de séjour ten times as expensive as a carte de résident. A carte de séjour carries a lot fewer rights, so for the users, who most of the time are poor immigrants, this increase in cost is going to be very onerous.</p>



<p>An underlying principle of the French administration is that a service and the price charged for it are not connected. The idea of le service public is that everyone must have access to a given service offered by the administration and its cost should not be a barrier. But in this case, the population concerned does not vote and does not really have a means of voicing its opposition, so revenue from card renewal is easy money.</p>



<p>Choosing to have all cards priced at the highest level is a political decision that goes against this very basic French principle. Furthermore, the price is way too low if one looks at the cost of just the wages of all the civil servants who have to spend time working on renewal requests. It is way too high if it is just the cost of each card’s actual production that is taken into consideration.</p>



<p>Also, making it financially difficult to obtain the card is a way to increase the number of people who lose their legal right to live in France simply because they lack the means to pay such a large amount in one lump sum (269€ is 16% of the monthly minimum wage in France).</p>



<p>The new legislation also involves intrusion into people’s lives. Previously, the civil servants based their decisions simply on the documents submitted to them. As long as the originals looked authentic, the documents were trusted. There is always a police check before the card is produced, but what the police do in this respect is up to them.</p>



<ul class="wp-block-list"><li>Now, however, the prefecture has been given direct access to several databases:<br>– The état civil, i.e., everything pertaining to the person’s birth, marriage, divorce, children, and so on.<br>– Social charges and organizations dealing with people’s employment or profession, i.e., all the information that carries the French Social Security number. Even though this is a lot less information than for the American counterpart, it is still a lot!<br>– All programs linked to social services, whether through the Caisse d&#8217;allocations familiales (CAF) or the Caisses primaires d&#8217;assurance maladie (CPAM).<br>– All records from schools and universities, including children’s report cards, as well as school-based extracurricular activities.<br>– All utilities contracts, including internet access and both fixed-line and mobile phones, going back five years.<br>– All bank statements going back two years.</li></ul>



<p>This will definitely eliminate fake originals and related cheating. It will also put a lot of people in a delicate situation if their life is a tad messier than the paperwork in their dossier shows.</p>



<p>The only good news that I can see in this is that now some types of cards can last for more than one year. This is especially true for employee (salarié) and private life (vie privée et familiale) cards, since student cards have been multiyear for a while. People holding visiteur cards will continue to renew yearly.</p>



<p>For more information (in French), see : &nbsp;<a href="http://www.lemonde.fr/les-decodeurs/article/2016/11/03/loi-sur-les-droits-des-etrangers-les-decrets-enterinent-des-reculs_5024888_4355770.html">www.lemonde.fr/les-decodeurs/article/2016/11/03/loi-sur-les-droits-des-etrangers-les-decrets-enterinent-des-reculs_5024888_4355770.html</a></p>



<p><strong><span style="color:#5182FF" class="color">APPOINTMENTS MADE BY THE CRE IN PARIS ARE VERY EARLY</span></strong><br>There is a new situation that only affects a few people but provides a good illustration of what happens when one division of the French administration does not care at all what other divisions require. The result is that applicants are caught in the middle and have to handle an impossible situation.</p>



<p>It is possible to immigrate to France with a visa for self-employed professionals. When the procedure happens in Paris, the first step is to go to the Centre de réception des étrangers (CRE) to get an appointment for the Cité prefecture and a récépissé. This serves as a French ID (which the visa is not) and enables the applicant to register with URSSAF, the Maison des Artistes or AGESSA, which in turn process registration for all related agencies.</p>



<p>It used to be that the prefecture appointment was scheduled about two months later, sometimes more. This was great because four offices must respond in due time in order to make the file complete for the appointment. In short, once registered, the foreigner had time to start working, get all the necessary documents and be ready for the appointment without too much hassle.</p>



<p>At the beginning of this year, however, the period was shortened to about six weeks. That was the bare minimum possible, and it meant the statement of health coverage was never ready on time to be sent and needed to be picked up. But for one of the last cases I submitted at the Cité prefecture, the appointment was one month to the day after the CRE visit: from October 14th to November 14th. The agencies involved are going slower, too: even though the client picked up the statement from RSI regarding health coverage on November 13th, it stated that the request was in process. The next appointment is at the end of March 2017.</p>



<p>The situation became even worse with a new client, when I went to the CRE on November 17th to start this same procedure and the latest appointment we could get was December 1st. This person was not even allowed to get a récépissé because, we were told, the visa, which lasts three months, would be still valid and therefore it was impossible to issue one. There was no point in going to URSSAF without it. Thus the meeting at the Cité prefecture that is supposed to finalize the procedure now will start it. I tried everything I could think of to get the civil servants to understand. Even without my asking to see the manager of the CRE, he kindly came out of his office and said he was sorry but that the software blocked the issuance of the récépissé.</p>



<p>Some people might be happy to have appointments so quickly, and I would share this feeling if applicants really benefited from this and could be done dealing with the prefecture sooner, which I admit is quite an appealing prospect. But as the above description shows, the actual result is that it stretches out the process by many months, which makes it completely counterproductive.</p>



<p>A similar topic, which I need to address in the next issue (for February 2017), is the fact that people with universal health coverage (CMU), now called universal health protection (PUMa), have not paid any premiums for an entire year. The people in charge explain that the situation will be fixed in 2017, probably in the first half of the year. The problem is that foreigners holding the carte de séjour visiteur must show that they pay for their coverage, which proves that they are not destitute. The prefecture refuses to renew the carte de séjour without this proof.</p>



<p><strong><span style="color:#5182FF" class="color">REDESIGNING MY WEBSITE</span></strong><br>Since my Christmas vacation starts soon and there is no January issue, during this time I plan on having my website redesigned, mainly so as to use more recent software to update and manage it. This means there may be a couple of days when the site will not be online, and I may have difficulty accessing my email. I am sorry for the inconvenience, but we will do everything we can to keep this outage as short as possible.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR CHRISTMAS</span></strong><br>The office will close for three weeks for the Christmas holidays, starting on Friday December 16th, reopening on Monday January 9th. 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 any vacation time last summer, so now that I am settled in the new office with my new corporation, I have decided to take some time off, close to the normal length of my vacation. Of course, I will honor the prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p>I would like to remind everyone that there is no January issue.</p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><strong><em>RENEWING THE CARTE DE RÉSIDENT</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>My 10-year card came to its expiration date at the end of October. Knowing this I recently called and obtained a renewal appointment in August. I did get the official document in the mail but I was wondering if it is still legal for me to work here while waiting. So I called a second time and was told to go to the CRE in the 17th district to get a récépissé. The agent had told me I needed all kinds of docs – like phone/gas bills, copies of my passport and current resident card, etc. – but when I got there, the only thing needed was my convocation and a PHOTO (the photo was the only thing the agent did NOT mention on the phone). Fortunately, there is a Photomaton on the ground floor AND a change machine.. So I was in and out in about 10 minutes – a miracle. If I understand correctly, I’m now still “legal” up through my convocation date. I hope this will work for traveling as well because I must make a trip to England in the near future. Neither of these two documents feel like they are proper ID, and I do not trust the prefecture.</em></p></div></a></div>



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<p>Too often, foreigners feel that what is happening is not right, and it does not bring confidence in the system. It is perfectly normal that things do not feel right; this system is foreign to you by definition. I assume that even though you have lived in France close to 20 years, you are having an American reaction: an ID card is the size of a credit card and is made of plastic. The documents you refer to are the convocation and “récépissé”. The first is not an ID in any way, but is just a sheet of paper telling where and when your next meeting is. The récépissé, however, despite your suspicion, is a valid ID document. It is made of heavy paper about the half the size of a letter and contains a lot of information about you, such as your parents’ names. It bears an original photo that was done on the premises, it is stamped by the authorities and it is signed by you. It states that it is valid as an ID when shown with the expired card, whose validity dates it also gives. I have received feedback to the effect that American and British immigration officers, as well as airlines and Eurostar personnel, are sometimes suspicious of this document, but I have yet to heard of anyone being prevented from traveling with a valid récépissé. The récépissé is mostly used in two situations. The most common is when one is waiting to go to a scheduled appointment at the prefecture, either because the appointment occurs after the card’s expiration date or because the appointment is inconclusive and a new one has been made; either way, an ID must cover the period concerned. The other situation is when an appointment is conclusive but there is a delay of between a few weeks and a couple of months to get the plastic card.</p>



<p>The headquarters of the Paris prefecture and all the branches that I know have photocopiers and Photomatons on the premises. It is always better not to rely on them, but it is a reasonable bet that they will be working when you are there.</p>



<p>There are two CREs in Paris: the one you mention in the 17th and one just south of the Gare Montparnasse in the 14th. They mainly serve two purposes: obtaining an appointment to have one’s immigration request reviewed and obtaining a récépissé. My experience is that the best time to go for a récépissé is near the end of their workday. They refuse people starting at 4PM, so my advice is to go about 3PM. The main reason is that undocumented aliens who believe they are eligible for an appointment must have their request reviewed at the reception desk before noon, so some go as early as 5 or 6AM even though the doors do not open until 8:30. Thus going in the morning means waiting for hours in a line that goes all the way to the sidewalk and sometimes around the block. Even in the afternoon, being taken care as quickly as you were so is unusual, albeit possible.</p>



<p>As for the substantial wait for an appointment, it depends on a lot of factors; my experience is that lately carte de résident holders get their renewal appointment several months after the date of request and the process of issuing the card also takes a long time. So be ready to hold a récépissé (periodically renewed) for up to a year. It might feel unsettling, and you might be anxious to get it over with, but there is no way I know of to speed up the process and the prefecture is good about keeping you documented. You have to trust the system, which means trusting the prefecture, if you want to go through this with some peace of mind.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>HOW TO OBTAIN A CARTE DE SÉJOUR AS A SELF-EMPLOYED PERSON</em></h2>



<p><em>All by myself, I got a self-employed immigration visa from the French consulate in Chicago. I showed them what I do as a branding consultant specialized in the fashion industry, and got references from the couple of businesses in France interested in what I do. I am planning my arrival in Paris but I cannot find any information that makes sense regarding the steps I should take to secure my right to work and live in France. On the bottom of the visa is “carte de séjour à solliciter dans les deux mois suivant l’arrivée”, which I understand means that I must ask for my immigration ID within two months after I arrive. The consulate did not give me any other information other than to contact the prefecture. I tried and get no answer by email and once I got someone on the phone and did not at all understand the explanation. Can you tell me where and when should I go?</em></p>
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<p>This immigration visa deals with both the right to work in France as a self-employed person and the right to live in France. The procedure entangles the two, so I would like to describe the steps one by one so you can see where to go and what to expect. The sooner you start the better, but you need to have a fairly complete file to submit to the branch of the Paris prefecture called the CRE (Centre de réception des étrangers). There are two in Paris and depending on your address you are assigned to either the northern one on rue Truffaut or the southern one on Bd du Maine near the Gaîté metro stop.</p>



<ul class="wp-block-list"><li><strong>STEP 1.</strong><br>Prepare the file, which must include originals and copies of a proof of address (ideally a utility bill less than three months old) as well as your birth certificate and its official translation, on top of whatever you gave to the consulate.</li><li><strong>STEP 2.</strong><br>Go to your CRE branch to register the visa with them and ask for an appointment at the prefecture headquarters on the Cité. You will get a récépissé stating that you have the right to work as self-employed a the end of that meeting and a document detailing the appointment. I strongly advise you to go in late afternoon, close to closing time, to avoid the massive number of undocumented aliens who must submit their requests before noon. The appointment at the prefecture should be as far off as possible – ideally, in three months – so you have time to get everything done to comply with the requirements for the meeting you just scheduled.</li><li><strong>STEP 3.</strong><br>As soon as possible (ideally, the next day), go to the URSSAF branch easiest for you. One is in northern Paris near Porte de la Villette, the other on rue de Tolbiac near the metro stop Bibliothèque François-Mitterrand. There you register your business with a form called Pø, which details your legal and fiscal status and your personal information. This registration triggers a series of further registrations with units of the French social system. You are covered by the public healthcare system as of your URSSAF registration date.</li><li><strong>STEP 4.</strong><br>This is a double process.<br>–First, review what you receive in the mail and throw away obvious junk mail, but archive non-pertinent official documents and fill out the forms for the tax office.<br>– Then review which documents you need to comply with the requirements of the prefecture, so as to be ready for the appointment at which you ask for a carte de séjour. Make a schedule for obtaining any missing documents so that you are sure to be ready on time.</li><li><strong>STEP 5.</strong><br>At the meeting with the prefecture, the file should include, as a minimum, originals and copies of:<br>– The Pø form, stamped by URSSAF<br>– An INSEE statement showing your SIRET and APE numbers<br>– A welcome letter from URSSAF<br>– A welcome letter from RSI-RAM<br>– A welcome letter from the tax office<br>– Proof that you have a French bank account<br>– Your passport, with visa<br>– Your birth certificate and the official translation<br>– Recent proof of address<br>– A boarding pass if your passport was not stamped when you last entered the country.</li></ul>



<p>You will get a new récépissé covering the period until the card (carte de séjour) is ready. You will be informed by text message about a week before you must pick it up.</p>
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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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