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		<title>Sad Lisa</title>
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		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Tue, 01 Feb 2022 10:42:44 +0000</pubDate>
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					<description><![CDATA[February 2022 First, I would like to wish you all a very happy and prosperous 2022! 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 that many of us, and probably all of us, are thinking that the year [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>February 2022</em></h5>



<p><strong>First, I would like to wish you all a very happy and prosperous 2022! There is a point at which we need to fill ourselves with optimism, regardless of what is happening around us.</strong></p>



<p>Happy New Year!</p>



<p><strong>I believe that many of us, and probably all of us, are thinking that the year 2022 has to be better than 2021, which, in some ways, was just as bad as 2020 for a great number of us.</strong></p>



<p>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.</p>



<p><strong>Sad Lisa</strong><br>She hangs her head and cries on my shirt<br>She must be hurt very badly<br>Tell me what’s making you sad, Li?&nbsp;<br>Open your door, don’t hide in the dark<br>You’re lost in the dark, you can trust me<br>’Cause you know that’s how it must be<br>Lisa Lisa, sad Lisa Lisa<br>Her eyes like windows, trickle in rain<br>Upon the pain getting deeper<br>Though my love wants to relieve her<br>She walks alone from wall to wall<br>Lost in her hall, she can’t hear me<br>Though I know she likes to be near me<br>Lisa Lisa, sad Lisa Lisa<br>She sits in a corner by the door<br>There must be more I can tell her<br>If she really wants me to help her<br>I’ll do what I can to show her the way<br>And maybe one day I will free her<br>Though I know no one can see her<br>Lisa Lisa, sad Lisa Lis</p>



<p><em>Tea for the Tillerman&nbsp;</em>was the fourth studio album by singer-songwriter Cat Stevens (Yusuf), released in November 1970. “Sad Lisa” was the fourth song on side 1.</p>



<p>For days I searched for a title, not knowing what angle of life I wanted to share. These days, life feels like a roller coaster. Bad news keeps coming after good, and this is happening too often for a lot of people and destabilizing many. I increasingly hear about people who have been deeply disturbed by nearly two years of a never-ending pandemic that has changed everybody’s daily life. A great many have been hit hard and are really struggling to hang in there. Some have lost jobs, others have lost self-confidence, and some have sought psychiatric help. Many are going through what the lyrics of this song describe. Professionally and personally I know people who have been greatly affected.</p>



<p>So yes, we can be optimistic that the end of the pandemic, the end of several crises, will occur this year. We need to be optimistic to be at our best against adversity, and some of us can manage to do this. But let’s not forget the ones who have a hard time getting through the day and who need tiny rays of sunshine in their eyes.</p>



<p><strong><span style="color:#5182FF" class="color">REINSTATING JOSEPHINE BAKER’S AMERICAN CITIZENSHIP&nbsp;</span></strong><br>It is commonly noted that French troops fought on the American side during the War of Independence and that American troops helped liberate France during WWII. This illustrates the strong bond between the two countries. Many American towns and landmarks are named after the commanders of the French troops in the War of Independence, “Lafayette and Rochambeau.” These names are familiar to many but I am not sure everybody knows who they were and why streets and towns are named after them.</p>



<p><strong>Wikipedia</strong><br>Marie-Joseph Paul Yves Roch Gilbert du Motier, Marquis de La Fayette (6 September 1757 – 20 May 1834), known in the United States as Lafayette, was a French aristocrat and military officer who fought in the American Revolutionary War, commanding American troops in several battles, including the siege of Yorktown. After returning to France, he was a key figure in the French Revolution of 1789 and the July Revolution of 1830. He has been considered a national hero in both countries.</p>



<p><strong>Wikipedia</strong><br>Marshal Jean-Baptiste Donatien de Vimeur, Comte de Rochambeau (1 July 1725 – 10 May 1807) was a French nobleman and general whose army played the decisive role in helping the United States defeat the British army at Yorktown in 1781 during the American Revolution. He was commander-in-chief of the French Expeditionary Force sent by France to help the American Continental Army fight against British forces.</p>



<p>Interestingly, in my day little time was devoted to them in French schools. I learned a lot more about how decisive their actions were once I lived in the USA.</p>



<p>I started to think about all this when Josephine Baker were inducted into the Panthéon on Tuesday, November 30th. Only a few exceptional French people get this honor. In a way, the monuments in Washington, DC named after American presidents serve a similar purpose. Hence it is interesting that this American-born French citizen, remarkable in so many ways, is so little known in the USA.</p>



<p><strong>Wikipedia</strong><br>Josephine Baker (born Freda Josephine McDonald, naturalized French Joséphine Baker; 3 June 1906 – 12 April 1975) was an American-born French entertainer, French Resistance agent and civil rights activist. Her career was centered primarily in Europe, mostly in her adopted France. She was the first black woman to star in a major motion picture, the 1927 silent film<em>&nbsp;Siren of the Tropics,&nbsp;</em>directed by Mario Nalpas and Henri Étiévant.</p>



<p>During her early career, Baker was among the most celebrated performers to headline the revues of the Folies Bergère in Paris. Her performance in the revue<em>&nbsp;Un vent de folie&nbsp;</em>in 1927 caused a sensation in the city. Her costume, consisting of only a short skirt of artificial bananas and a beaded necklace, became an iconic image and a symbol both of the Jazz Age and the Roaring Twenties. …</p>



<p>She aided the French Resistance during World War II. After the war, she was awarded the Resistance Medal by the French Committee of National Liberation, the Croix de Guerre by the French military, and was named a Chevalier of the Légion d’honneur by General Charles de Gaulle. Baker sang: “I have two loves, my country, and Paris.”</p>



<p>Some American groups in Paris have expressed interest in having Baker’s American citizenship reinstated; she lost it when she married a Frenchman. Such a move would make sense: The USA would recognize that this French heroine born in St. Louis, Missouri in 1906 and who moved to France as a young adult, also had a significant impact on strengthening the ties between the two countries. Sadly, it would also be about the Jim Crow era at the time, when she had to move to France to be able to have a career as a performer.</p>



<p>The metro stop Gaîté was renamed after her at the time of the Panthéon ceremony. There are streets, a swimming pool and other places named after her throughout France.</p>



<p>There will be those who think that Baker, after leaving the USA at the young age of 18 and spending her life and career in France, did not retain enough ties with the USA to be recognized this way. But I find it interesting that on February 6th, 2016, a transport station named for Rosa Parks was inaugurated, even though the civil rights activist never came to France or had any interaction with Paris.</p>



<p>Until 2011, the station was to be called Évangile, after the rue de l’Évangile and the wayside cross from which the street takes its name. The name Rosa Parks was first given to the nearby tram station in 2012. “We wanted at least 50% female names. There was a lot of debate, in particular with the RATP, which favors existing place names, but for Rosa Parks, there was a consensus: this is a must for a tram stop, it is a strong symbol,” recalled Annick Lepetit, Mayor Bertrand Delanoë’s deputy in charge of transport. People living in the nearby Curial-Cambrai social housing project were asked to vote on a list of ten names; their top choice was Bernard Tétu, a local doctor who died in 2003. But Rosa Parks ran a close second. “We then had the idea of changing the Évangile name to that of Rosa Parks, which gained a consensus and made sense,” said a spokesperson for François Dagnaud, mayor of the 19th arrondissement. The Syndicat des Transports d&#8217;Île-de-France, now called Île-de-France Mobilités, agreed. The name caught on and was also given to the Rosa-Parks/Macdonald neighborhood council and a community center opened in 2016.</p>



<p>I find all these juxtapositions interesting. I believe the Franco-American friendship still exists and can be seen in multiple ways.</p>



<p><strong><span style="color:#5182FF" class="color">ETHNIC NEIGHBORHOODS IN CITIES AND INTEGRATION</span></strong><br>A reader recently wrote to me:<br>“Dear Jean, your newsletter was excellent. This quote stuck in my mind. I like your word “fascinate”, which could be written ‘I don’t understand how’” Americans can live in a foreign country, learn computer skills (to renew their<em>&nbsp;Carte de Séjour Temporaire)&nbsp;</em>yet not speak or try to speak French. It is beyond me and makes Americans look (in my book) not so good. I am here to experience France, to learn to communicate and to speak French. When I lived in NYC, Puerto Ricans (a very close-knit people) would live in NYC for 40 years and still not bother to try to speak English. I know this, not only by living in NYC but also from teaching English in Puerto Rico. Stubborn and scared. A great letter! Thank you.”</p>



<p>I professionally help foreigners with their French immigration issues. After all these years, I am familiar with the numerous reasons why foreigners settle in France. It can be a short-term assignment by an employer, which gives little motivation to do the hard work of getting deeply acquainted with the French lifestyle and culture. As I was an immigrant when I lived in the USA, I understand the trials, tribulations and hardships one goes through when starting a completely new life in another country. This reader talks about a different issue, which I would like to address.</p>



<p>I rode Greyhound buses across the entire country, starting in New York and going to Los Angeles CA, Spokane WA, Cheyenne WY, Birmingham AL, Indianapolis IN, Montpelier VT and back to New York before I lived for a few years in the USA. For historical reasons, ethnic neighborhoods are often found in large cities. I had a heartbreaking experience walking for an entire day, pretty much from dawn to dusk, all over southern Chicago in the summer of 1981. The walk took me through block after block of rundown African-American neighborhoods but also through Chinese and Italian areas, as was to be expected, as well as Spanish, Greek, Irish, Polish and Russian enclaves. The last was the one that surprised me the most, with signs written in Cyrillic. I could visualize the different waves of immigration coming to the USA. In those days being part of such a community helped with getting a place to live, a job, starting a new life. This was imperative; it was a matter of survival. With some imagination, after seeing pictures and stories of immigrants just off the boats at Ellis Island, I could visualize their lives decades ago, living and working in a new land.</p>



<p>France never used to have anything like this long tradition of ethnic neighborhoods. It was said, and for centuries it was true, that French cities, especially Paris, had neighborhoods defined by profession. One of the best known is the rue du Faubourg Saint Antoine, where artisans specialized in woodworking and producing furniture opened shops. That is why French people always used to say that ethnic neighborhoods could not and did not exist in France, until the evidence of such areas became glaringly visible. The first one started in the early 20th century, just north of the metro station Barbès, located in Paris’s 18th arrondissement. The adjoining neighborhood is now world famous for its North African identity. Algerians were the first to move there in the 1920s, on and around the rue de la Goutte d´Or, which is a couple of streets north of the Boulevard de la Chapelle. Gentrification has greatly diminished their presence.</p>



<p>There are two Chinatowns in Paris. The older one, in the 13th, was located historically between Porte de Choisy, Porte d’Ivry and Place d’Italie. It was begun by Vietnamese boat people who fled to their former colonial power, France, after the Vietnam War ended in 1975. Such migration peaked in 1978-79 but was still going on in the early 1990s.</p>



<p>It is difficult to determine whether the existence of concentrations of immigrants helps or deters their acceptance into the general population. In the USA, integration came about haphazardly in the work place, while France focused on encouraging assimilation through the education of schoolchildren, although both countries used both methods.</p>



<p>In France and the USA alike, as in many other countries, if surviving as an immigrant who has arrived with nothing necessitates staying in the ethnic community, nevertheless this strong connection with the other immigrants from the home country can considerably delay integration into the general population, especially because it makes it so difficult to learn the new language. My initial comment was never meant to describe such immigrants.</p>



<p>Furthermore – and to a certain extent I will contradict myself from one issue to the next – while all immigrants have a story, they do not always tell it fully. When they are sent by their employer, they leave their country for that reason. Another reason may be a romantic partner waiting for them. Or they may be leaving behind a traumatic life: perhaps in the USA they lived through a traumatic divorce or the death of a parent or other loved one. Does it really matter what made them come to France? Some manage to rebound as they create a new life. Some carry hidden emotional scars and do their best to get by and adapt to this new world.</p>



<p>I admit that the statement I made in the December issue might seem harsh and insensitive when seen from that angle. I was talking about how not speaking some French is a severe handicap for people living in France. It often has a compounding effect, not only making it harder on them and thus creating cultural misunderstandings, it also leads them to do the wrong things. But this is the life some have chosen, and the best thing is to be there, walking along with them. This is the part of their life that is deeply buried. We never know their entire story, even if we get a glimpse of what brought them to France. I feel privileged that several have confided in me.</p>



<p><span style="color:#5182FF" class="color"><strong>BANKING IN FRANCE</strong>&nbsp;</span><br>Another reader has this to say:<br>“I was interested to read that article in the Q&amp;A section of your newsletter from the person who had a bank account closed. You hooked me up with Barclay’s in 2005, which later became Barclay’s France, then Milleis. I also got the 60-day closure of the account letter.</p>



<p>The entire process was a three-month disaster. They blocked my account and CB and would not return my calls.</p>



<p>Fortunately, I was able to open a new account at BNP Paribas and all is OK now I have gotten my balance back from Milleis.</p>



<p>It took two months from the first visit to receive a checkbook and a CB from BNP – they said the delay was because I was American.</p>



<p>All of my direct debits (SFR, EdF, Orange, AmEx, etc.) were rejected, and since I had no approved account from BNP I was making transfers from my US bank and paying extra fees. The long nightmare is now over.”</p>



<p>I understand and respect your initial reflex, starting with disbelief that the decision is final and therefore thinking some explanation to the bank will fix the problem. It is quite common for banks to give no warning signals that the client can pick up. The exchange with the bank often drags on for days or even weeks before the client realizes the decision is definitive. Since the client does not know the reason for the decision, they are destabilized, which often further delays looking for another bank. Opening an account takes a long time, so in such situations there is a long wait between the closure of the old account and the moment the new one becomes fully operational. This reader’s experience underlines my advice: Do not wait or argue. It is essential to realize the bank’s decision is final. Contact other banks as soon as possible and get a new account opened without delaying. This may make it possible to have a smoother transition and avoid cancellation of services such as cell phone and internet because monthly payments are not wired when due, as this reader testified. There may also be fees or fines linked to the lack of payment.</p>



<p><span style="color:#5182FF" class="color"><strong>AMERICAN NOTARIZATION IN FRANCE</strong>&nbsp;</span><br>For a long time, the only way to get documents notarized by an American notary public was to go to those working at the US consulates in France. The one in Paris is expensive at $50 per notarization, and sometimes the schedule is such that the first available appointment is weeks away, while the need that expats have is often urgent. Lately, however, online notarization services have appeared, making the task much easier.</p>



<p>A French<em>&nbsp;notaire&nbsp;</em>is a completely different professional from a notary public, but some of them accept to notarize documents. The problem is that, increasingly, American entities asking for notarization do not recognize the French process of notarizing documents, even when they are in English.</p>



<p>Here is the website of one of the many online notary services:&nbsp;<a href="https://ymlpcl1.net/401d4yywaiaewmymavayssacajsew/click.php" target="_blank" rel="noreferrer noopener">www.notarize.com</a>.</p>



<p><strong><span style="color:#5182FF" class="color">THE LATEST ON FRENCH HEALTH REGULATIONS: FROM<em>&nbsp;PASS SANITAIRE&nbsp;</em>TO<em>&nbsp;PASS VACCINAL</em>&nbsp;</span></strong><br>I should have learned by now not to write about this. The policies stemming from the COVID-19 pandemic change from one week to the next. It takes me a long time to draft this column: I often start as much as three weeks before it is published. When I was writing this, the French Parliament was discussing whether a<em>pass vaccinal&nbsp;</em>should replace the pass sanitaire (the answer was yes, in the end). The key difference is that under the new policy only fully vaccinated people (who may be required to have booster shots, depending on the dates of their prior inoculations) and the recently COVID-recovered are allowed access to a variety of public places.</p>



<p><span style="color:#5182FF" class="color"><strong>CREATION OF<em>&nbsp;SÉCURITÉ SOCIALE,&nbsp;</em>THE FRENCH SOCIAL SAFETY NET</strong>&nbsp;</span><br>All European countries have some form of universal public health care covering their nationals and foreigners. In light of the debates, discussions and talk shows broadcast in the USA and France, I believe it might be useful to talk about how France came by its system of universal health coverage, retirement and robust, far-reaching family subsidies.</p>



<p>France came out of World War II with Charles de Gaulle at the head of the two distinct factions who had fought the German occupation: the Communists and the Gaullists. De Gaulle put the country back on its feet. He named members of his own party as well as members of the Communist Party to his cabinet. In those days, the French Communist Party followed the Soviet Communist Party line. Thus in April 1946, the minister of Labor and Social Security, a communist named Ambroise Croizat, introduced his plan for a humanist utopia, which he called social security. As described in the program of the National Council of Resistance, it had three divisions, which still exist:<em>Assurance maladie&nbsp;</em>is the health coverage,<em>&nbsp;Assurance vieillesse&nbsp;</em>is retirement and the&nbsp;<em>Caisse d’Allocations Familiales&nbsp;</em>provides subsidies for families and the poor.</p>



<p>That was 76 years ago. French people are notorious for criticizing everything in France, and it is true that some aspects of the French social safety net are indeed inadequate for the 21st century. But the fact is, none of these programs has collapsed, and the local Caisses Primaires d’Assurance Maladie (CPAM) are handling a very challenging pandemic. I talked earlier about naming public places; it is important to note that many cities have named some streets, etc. after Ambroise Croizat. In Paris, Place Ambroise-Croizat is in the 14th arrondissement.</p>



<p>To learn more:<br><a href="https://ymlpcl1.net/3513byyqafaewmymakayssazajsew/click.php" target="_blank" rel="noreferrer noopener">www.franceculture.fr/histoire/a-lorigine-de-la-securite-sociale&nbsp;</a>.</p>



<p><strong><span style="color:#5182FF" class="color">MY BUSINESS HAS A NEW FACEBOOK PAGE</span></strong><br>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.</p>



<p>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.</p>



<p>You are welcome to join:<br><a href="https://ymlpcl1.net/127b0yyyalaewmymafayssaoajsew/click.php" target="_blank" rel="noreferrer noopener">https://www.facebook.com/rattachement</a></p>



<p>Best regards,</p>



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



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>PICKING UP THE CARTE DE SEJOUR AT THE PARIS PREFECTURE<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>My carte de séjour is waiting for me at the prefecture in Paris but I am unable to make an appointment to pick it up. I am currently in the USA and cannot access the site. I will be back in late March and will be able to go at any time of any day to pick it up. My récépissé will still be valid. Is it still possible to book an appointment on this site? Thank you for any help you can provide. When I try to access the site from the USA, I get a message saying “Interdit. Service surchargé. Le service que vous avez demandé est actuellement surchargé et/ou il n’y plus de créneaux de rendez-vous disponibles pour le moment. Veuillez réitérer votre demande ultérieurement.”</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">I wish that I could tell you that the Paris prefecture has a functioning website. Several sections are totally dysfunctional. In some cases this is by design, as it is about obtaining an appointment for regularization. Since the people concerned are illegally present in France when they start this procedure, the system deliberately makes it difficult for them. This is obvious because there are never any appointments available and getting on the schedule is always well-nigh impossible. Other tasks, like making an appointment to pick up a<em>carte de séjour, </em>should be simple since it is the last step of the procedure and everything has already been settled; it is just about getting an appointment to show up and sign to retrieve the new one while handing in the old one. It is still mindboggling that such a simple procedure involves such a chaotic situation. To get an appointment for my clients, I use two browsers and write down which booth I selected, as there are eleven of them and they all do the same job. Within minutes, I get the same messages you cited. So I go back to the first page of this procedure, which is available, and I am persistent. What I find interesting is that regardless of how often the site crashes or these messages appear, it is always possible to get through eventually and select an appointment. Sadly, however, this is not the end of the tribulations.<br/><br/>First, there is only one appointment per slot. Then the site is so slow that by the time I reach the page to give the name and other information to finalize the appointment, that appointment is no longer available. So the system sends me back to the first page for a new attempt. I fully understand that everybody wants to pick up their<em>carte de séjour, </em>as soon as possible. But that increases the chances of losing the appointment. By contrast, choosing an appointment further away gives you a better chance of making it through the confirmation process. I recommend you fight your desire to obtain an appointment in the near future. This, of course, requires you not to procrastinate trying to get an appointment.<br/><br/>This situation has existed for several months now: I was already facing this kind of problem in June 2021. Over the phone, people at the prefecture say they are aware of the problem but there is nothing they can do.<br/><br/>The last sad part of the situation is the wait in the prefecture when you go to pick up the card. Although it has considerably diminished from previous years, there is still a sizable line for most of the day and therefore a wait of about an hour or sometimes more. So again, go against your instinct: taking an appointment late in the afternoon reduces the chance of a long wait.<br/>My last comment is about a terrible situation; the card is expired on the day one has the appointment to pick it up. The normal procedure is to receive the text message stating that the card is available. Then you secure the needed appointment. This happens two to three months after having submitted the request to renew the<em> carte de séjour. </em>Most people rush to get an appointment to pick up the new card. One reason is that the<em> récépissé </em>is often valid only three months, so you can be left without a valid French ID, as it is impossible to obtain a new<em> récépissé </em>while the<em> carte de séjour </em>is being made in the factory. Not having any valid French ID considerably complicates traveling outside of France, especially during the COVID pandemic.<br/>Under normal circumstances, it would be unthinkable for this to happen. Recently, it has happened that some people have gotten stuck for months traveling outside of France while their cards were waiting for them at the prefecture. The problem is that the card must be picked up before it expires. I am helping people who started working on getting the appointment about two months before the new card expired because for some reason they could not do so while they were in the USA. After struggling for a long time, they managed to book the appointment after the card’s expiration date. It is important to understand that not only would it have been impossible to retrieve the card then, but also these unfortunate individuals will have lost their immigration rights pretty definitively. From what I see, the prefecture does not consider the COVID pandemic as sufficient reason to be lenient.<br/><br/>My advice is that if you do not get the text message within three months after the renewal of<em> the carte de séjour</em> has been approved, contact the prefecture through the page dedicated to that, and confirm whether the card is available or not. Usually after three months it is there. Then get an appointment as soon as possible. To avoid not being able to do it from outside France, have someone who is in France do it for you. I have no idea how long the pandemic-related failings of the Paris prefecture website will keep complicating these situations, but we should be prepared for this to continue for months to come.<br/><br/>By the way, I have been unduly harsh about the Paris prefecture website: as it happens, it works better than any of the ones in the Parisian suburbs as well as several elsewhere in France that I have heard about. This is a sobering situation, but would open a different discussion.</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>WHAT IS THE OFII MEDICAL VISIT?</em><br/></h2><p class="kt-blocks-info-box-text"><em>When I had the medical exam at the OFII medical office in November, the exam disclosed some issues that were of concern to the doctor. He told me to have a scan done and he wanted to know if I had some pre-existing respiratory conditions. I had the scan in December which disclosed that the spot was an old scar. However, this scan disclosed an abnormality on an artery. The OFII doctor told me to seek a private doctor and have it scanned, which I did quickly. The doctor performing the scan told me that I did not have an aneurysm, and that the artery was enlarged a little and should be checked periodically. My doctor also set up a test for the middle of March for a routine hospital scanning procedure. This doctor said to have the OFII doctor call him. The OFII doctor tried to call my personal doctor from the office when we returned with the latest medical information. He could not reach him. He then told me that he would not sign off because he was unable to talk to my doctor. We have now made three trips seeking the sign-off and each time a new requirement arises. While we were there, he checked to see how much time my husband and I have before we have to apply to continue our long-stay visa. (We have to apply soon, as our year ends this summer.)</em><br/><em>Each time I have returned to his office, there is a new reason for not signing. This provokes questions about this process: If he refuses to sign, do we have to leave when our visa expires? If his sole purpose is to find any contagious diseases and check immunizations, why is this process continuing? or is he seeking to protect France’s medical system from reimbursing the costs of extensive medical treatment? Do I have to have a Carte Vitale to apply to continue our long-stay visa or can we continue to pay my medical expenses ourselves and apply? Can we be forced to return to the U.S. because of my medical issues? Needless to say, this has caused a lot of anxiety for us. We spent three years planning for a permanent move here including living in a hotel for so many months during France’s lockout of visa applications. I would like to anticipate what we can do and put a plan in motion in preparation for a return to the U.S if all this is leading to a visa rejection. Thank you for your time in this matter.</em></p></div></a></div>



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<div id="kt-info-box_7aee35-43" 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">I understand your concern and anxiety regarding this matter. Given the iconic images of American immigration history, I see where you are coming from. Indeed, I often compare today’s French immigration procedure with what took place at Ellis Island in the old days, when clearance was done by the police and a doctor. Today, legally speaking, the procedure is not that different. It starts with obtaining an immigration visa and showing it to the police at the point of entry to the country. For Americans, this initial police clearance is often non-existent: Often the foreigner must remind the officer that there is a visa to review! The standard procedure with tourists is to look at the identification page to recognize the foreigner and swipe the passport for a basic criminal verification.<br/>As in Ellis Island, the next step is a medical check-up. This is how the procedure starts at the Office Français de l’Immigration et Intégration (OFII): Registration of the visa results in the French ID number that each foreigner has, and it triggers an appointment in OFII’s medical facilities for a complete physical. There is a common misunderstanding about the purpose of the OFII physical, which is understandable when one recalls generations’ worth of images and stories about how scared immigrants were of being denied access to the USA because of a medical condition. The misunderstanding can also be blamed on the official OFII communication, which states that OFII checks not only applicants’ health but also the statement of good standing needed to renew the immigration status. The prefecture requires this medical statement to approve a renewal request. The OFII procedure in effect is quite different from the Ellis Island one for several reasons.<br/>Without going back to the creation of the<em> Assurance maladie </em>after World War II, the critical change regarding this matter is the creation of the Couverture Médicale Universelle (CMU) in 2000. It is now called PUMA but not much has changed regarding the scope and the legal grounds of the health coverage.<br/>This legislation, which is now over 20 years old, created a truly universal right to health coverage. It stated that all legal residents in France have the right to be covered by the public system. This explains why the immigration procedure requires one to have health coverage in France even before entering the country. So the OFII doctor does not think about the cost of medical procedures to identify any medical conditions discovered. He is acting from a belief that the foreigner is fully covered. He has no intention to prevent the applicant from immigrating to and residing in France. He is just making sure the applicant is in good health. When a medical condition is found, it is taken care of as soon as possible, in the best interest of the applicant. That is what happened to you.<br/>Let’s sum up your situation. After the private doctor identified the condition that the OFII doctor saw, there needs to be communication between the two doctors to ensure that the OFII procedure is completed and you are in good medical hands. The mission of the OFII doctor stops when the private doctor officially takes over. This should not be difficult. You should get your final OFII statement of good standing any day now.<br/>I understand your worries but right now you are a bona fide immigrant with your foreigner ID number and you hold the right visa, marked<em> visiteur. </em>The prefecture might need to communicate with the OFII branch if the matter drags on. Since the prefecture holds a higher position than the local OFII branch, I am confident that the prefecture will put a quick end to this.<br/>I want to make sure I have fully reassured you about this. I understand how unpleasant the situation is, and I agree with you that, even though it is not a major problem, it is highly annoying to get stuck this way. Something I often see is a civil servant trying, in a rigid and therefore somewhat clumsy way, to help a foreigner who sees this as a personal attack. I know it does not feel like it but the OFII procedure is designed to be in your best interest. Nothing is released until it is certain that you are in good hands with the private sector.<br/>Now, about the topic of renewing the<em> visiteur </em>immigration status, this is what I published in the November 2021 issue:</p></div></a></div>



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<p><strong>MORE AND MORE FAST-TRACK PROCEDURES WITH PARIS PREFECTURE</strong><br>In my September issue, in the section titled NEWS ABOUT IMMIGRATION: ONE PAGE OF THE GOVERNMENT WEBSITE FITS ALL THE PROFESSIONAL CHANGES OF STATUS, I mentioned the move towards more and more professional<em> carte de séjour </em>procedures going through a dedicated website and the email address <a href="&#x6d;&#x61;&#x69;&#x6c;&#x74;&#x6f;&#x3a;&#x70;&#x70;&#x2d;&#x64;&#112;&#103;&#45;&#54;&#98;&#45;&#99;hangem&#x65;&#x6e;&#x74;&#x2d;&#x64;&#x65;&#x2d;&#x73;&#x74;&#x61;&#x74;&#x75;&#116;&#64;&#105;&#110;&#116;&#101;&#114;ieur&#46;g&#x6f;&#x75;&#x76;&#x2e;&#x66;&#x72;">pp-&#100;&#112;&#103;&#45;&#x36;&#x62;&#x2d;&#x63;&#x68;&#x61;&#x6e;gem&#101;&#110;&#116;&#45;&#100;&#x65;&#x2d;&#x73;&#x74;&#x61;&#x74;ut&#64;i&#110;&#116;&#101;&#114;&#x69;&#x65;&#x75;&#x72;&#x2e;&#x67;ouv&#46;&#102;&#114;</a>. I can now confirm that this process is complete for all types of status grounded in a professional activity.</p>



<p>Furthermore, the<em>&nbsp;visiteur&nbsp;</em>immigration status also has its own procedure, going through this website:<a href="https://ymlpcl1.net/6cc36usssaiaewmymaoayssazajsew/click.php" target="_blank" rel="noreferrer noopener">https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/espace-personnel/connexion-inscription</a></p>



<p>There are several glitches, however: the system requires the applicant to create an account with an email address and password. It often happens that this kind of thing is done on the spur of the moment, but it gets quite complicated to go through the procedure necessary to recover your password should you ever have the misfortune to forget it! Having experienced this with a few clients, I advise you to make sure you make a note of this information. The website also requires an ephoto, a new kind of passport picture. The photo comes with an ID Nº that goes into the uploaded file. One can have this ephoto taken in most “Photomatons”, the self-serve photo booths found in public places including many metro stations in Paris. This means that the applicant must be physically in France to get this done …a complication for many people. The only benefit of the site is that you can submit all the documents needed. We will see if this simplifies the meeting at the prefecture to confirm the request.</p>



<p>You also mentioned being covered by the public health system and obtaining a<em>&nbsp;carte vitale.&nbsp;</em>This procedure starts with submitting a request to the CPAM, the local branch of Assurance Maladie, which is in charge of managing it at the national level. This procedure requires two key things:</p>



<p>1 &#8211; You need to prove how long you have been in France. This often means having a lease, utility bills, bank statements and pay slips. You will have serious difficulties if you only have the visa and the OFII statement to prove your immigration status, and you have not been able to open a French bank account because you do not have an official domicile. Furthermore, the CPAM much prefers for people to hold a<em>&nbsp;carte de séjour.</em></p>



<p>2 &#8211; The file must include your long-version birth certificate, officially translated, as most of the French social security number comes from your date and location of birth.</p>



<p>I hope I have reassured you that your status in France is secured and this small but highly annoying glitch should be fixed in no time</p>
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		<title>Won’t get fooled again</title>
		<link>https://www.jeantaquet.com/won-t-get-fooled-again/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Nov 2017 06:41:27 +0000</pubDate>
				<category><![CDATA[2017]]></category>
		<category><![CDATA[EMPLOYEE]]></category>
		<category><![CDATA[IMMIGRATION]]></category>
		<category><![CDATA[LIVING IN PARIS]]></category>
		<category><![CDATA[SECURITE SOCIALE]]></category>
		<category><![CDATA[SELF-EMPLOYED]]></category>
		<category><![CDATA[SMALL BUSINESS]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2425</guid>

					<description><![CDATA[November 2017 From Wikipedia&#8220;Won&#8217;t Get Fooled Again&#8221; is a song by the English band The Who, written by Pete Townshend. It was released as a single in June 1971, reaching the top 10 in the UK, while the full eight-and-a-half-minute version appears as the final track on the band&#8217;s 1971 album Who’s Next, released that August.This [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>November 2017</em></h5>



<p> From Wikipedia<br><strong>&#8220;Won&#8217;t Get Fooled Again&#8221; </strong>is a song by the English band The Who, written by Pete Townshend. It was released as a single in June 1971, reaching the top 10 in the UK, while the full eight-and-a-half-minute version appears as the final track on the band&#8217;s 1971 album Who’s Next, released that August.<br>This iconic song has swept a complete generation in the 70’s. Today its message can be interpreted in very many ways. The idea is that everybody lies and cheats; politicians, medias, the corporate world, bosses, spouses, &#8230; It has reached the point where it feels like that there is a conspiracy theory for just about everything.<br>At the same time, crooks have perfected their methods and phishing is only one ways in which their prowess is revealed. We are now living in a world where we need to be cautious just about all the time. This changes the way we live and many people become suspicious of everything, and expect the worst all the time.<br>This issue deals for the most part about not delivering what has been promised. A foreigner is always an easier prey. Since everything seems weird, it is very difficult to discriminate between cultural differences and being taken advantage of. It is easy to state &#8220;Won&#8217;t Get Fooled Again&#8221; when we get mad after finding out that we have taken for a ride. We blame ourselves for not having being vigilant enough.</p>



<p><strong><span style="color:#5182FF" class="color">RAPID CHANGE IN HOUSING IN THE PARIS REGION</span></strong><br>I have heard very few people commenting about a phenomenon that is visible all around Paris. While Paris proper is slowly losing population, its suburbs continue to grow faster than the French population as a whole. This means many people working in or near Paris are living farther and farther away. I saw a similar situation firsthand in greater New York, where people work in Manhattan but live far away in New Jersey and Connecticut. The small town where I grew up in Paris’s southern suburbs, about 20 miles from the city, had an urban life disconnected from Paris, with its own active town center. There were large families living in big houses, including the one I grew up in, which was around 100 years old.<br>Today, most of those houses are condominiums. Each unit is a small studio or one-bedroom apartment. They were converted on the cheap, and the comfort level is really low. So many people are desperate to live in the Paris region that no matter how terrible an apartment is, it will be rented.<br>It is never too late to stop such destruction, but a lot of damage has already been done. A recent law upgrades the standards regulating what constitutes decent rental housing, and the government of the Ile de France region, which includes Paris, is determined to expropriate the remaining unspoiled properties and prosecute unscrupulous landlords.</p>



<p><a href="http://ymlptrack9.com/esqadaebbjwaiabjhatameeh/click.php" target="_blank" rel="noreferrer noopener">http://www.lemonde.fr/logement/article/2017/09/05/l-ile-de-france-s-attaque-aux-marchands-de-sommeil_5181177_1653445.html/</a></p>



<p><strong><span style="color:#5182FF" class="color">AVOIDING CROOKS WHEN REGISTERING AS SELF-EMPLOYED</span></strong><br>The registration form for self-employment, accessible through the CFE-URSSAF website, is offering a new option that is very useful. You can choose to have your information kept private during the registration procedure.</p>



<p>For a long time, INSEE’s policy was that such information should be fully public, with the idea that clients would check the company before doing business with it. However, this almost never happens. As far back as I can remember, there have been establishments offering their services to new businesses. Some of them are genuine, but most are what I consider to be crooks. In their letterhead, names and logos, they try to look like divisions of the French administration linked to business creation. But the “service” they offer is usually just a mention in a database that nobody checks, for which they charge between 200€ and 500€. It is often difficult to find the truly minuscule fine print at the bottom or on the back of their mailings, stating what the service is.</p>



<p>Now, by checking a box on the registration form, you can opt out of having your information become public, and thus avoid receiving these unwelcome solicitations. This does not mean everything you receive in the mail will be pertinent to your particular business, but at least everything is official, which makes the process a lot safer.</p>



<p>President Macron is going after an organization called the Régime Social des Indépendants (RSI), which was never well-organized but today has become just plain dysfunctional on so many levels that his efforts to get rid of it have made headlines in the French media. As a period of high uncertainty starts, I prefer to identify the services the French administration offers, noting that the names associated with some of these divisions may change.</p>



<p><strong>1 – Health coverage is obtained on the day of registration. One of the organizations commonly chosen is RAM,</strong></p>



<p><strong>2 – A retirement account is opened when you sign for self-employed status. The organization in charge is usually CIPAV,</strong></p>



<p><strong>3 – The family subsidy collection agency is called URSSAF,</strong></p>



<p><strong>4 – The tax office’s business division is also informed of the creation of your business, and writes to inform you that it has opened a file for you,</strong></p>



<p><strong>5 – There are also several organizations sending mail about retirement accounts for any employees of the new business. You can set these aside, as they are irrelevant for many self-employed people, who usually have<em>&nbsp;profession libérale&nbsp;</em>status, at least at first.</strong></p>



<p>Becoming self-employed used to entail many special procedures, but the number has decreased over the years.</p>



<p>President Macron is making a huge effort to unify everything in a single group of organizations for self-employed people – one for health, one for retirement and one for unemployment. This will not happen right away, but we know for sure that the RSI as it exists today, is nearly defunct. We just do not know yet what will happen after it is closed, or how the situation will be handled.</p>



<p><strong>DOUBLING THE CEILING FOR<em>&nbsp;MICRO-ENTREPRENEURS&nbsp;</em>(FORMERLY<em>AUTO-ENTREPRENEURS)</em>: PROMISES AND REALITY</strong><br>President Macron is also making speeches about doubling the maximum income for the type of self-employment formerly known as<em>&nbsp;auto-entrepreneur&nbsp;</em>but now called<em>&nbsp;micro-entrepreneur,&nbsp;</em>and the government is working on carrying out his promises. There are so many aspects to this that I want to address just two, which I believe illustrate the complexity of the change.</p>



<p><strong>1 – Immediate payment of social charges, monthly or quarterly</strong><br>Being a<em>&nbsp;micro-entrepreneur&nbsp;</em>has this excellent feature: You declare your revenue either 12 times or four times a year, paying the related taxes at the same time, thus immediately freeing the business from tax debt. This is a wonderful change from the previous system, which delayed up to 18 months the payment of some of the social charges and should clearly be adopted for many other types of business, as it prevents people from spending tax money, and never paying their taxes.</p>



<p><strong>2 – TVA</strong><br>The sales tax called the value-added tax or TVA is the single largest provider of funds to the state coffers, so any change could have serious consequences on the budget deficit. Previously the<em>&nbsp;auto-entrepreneur&nbsp;</em>income ceiling was low enough that it did not have much effect on the amount of TVA collected. Doubling the ceiling and keeping the TVA exemption would have a very significant impact, however, and there is no way this will happen.</p>



<p>The current system is coherent and works well. This is one reason it is so popular. It has two excellent features, immediate social charge payment and no need to hold any accounting. There is just one standard deduction, which makes it impossible to claim expenses.</p>



<p>Should the income ceiling double for payment of social charges but remain the same for charging TVA, this status will lose one of its best features. No solution seems to have been decided thus far.</p>



<p>For your information:<br>The service providers’ annual revenue ceiling would go from<strong>&nbsp;33,100 euros to 70,000 euros</strong><br>The annual ceiling for sales activities would go from<strong>&nbsp;82,800 euros to 170,000 euros</strong></p>



<p>I will continue to follow this topic very closely, as it affects a lot of people.</p>



<p><a href="http://ymlptrack9.com/esyavaebbjwavabjhafameeh/click.php" target="_blank" rel="noreferrer noopener">http://business.lesechos.fr/entrepreneurs/auto-entrepreneur/030522905401-microentrepreneurs-le-regime-social-etendu-312662.php?BCarpDI3G0w4JAkD.99</a></p>



<p><strong><span style="color:#5182FF" class="color">CRACKING DOWN ON UNDOCUMENTED FOREIGNERS IN FRANCE</span></strong><br>The French government has come up with an interesting twist on the control of undocumented foreigners. When the Schengen Agreement was signed, the idea was to improve efficiency by loosening border controls inside member countries and strengthening controls at the Schengen-area borders. The migrant and refugee crisis as well as the terrorist attacks shattered this goal and all member countries have tried to manipulate the existing legislation so they can check who is coming in.</p>



<p>Since country borders within the Schengen area no longer have custom offices, each police force has the right to freely check within 20 km from the border. The French government’s latest idea is that every international airport should also be considered a “border,” as they are a point of entry to the country. The point is completely true, although airports have ample police forces, and even when a person travels within the Schengen area, there is always the possibility of controls when suspicion warrants.</p>



<p>If the 20 km zones were applied on airports throughout France, it would put two-thirds of the French population within the zones.</p>



<p>Many nonprofits in France are fighting this new idea, since the true motive for such controls has nothing to do with fighting terrorism or monitoring the refugee crisis. The main reason is to catch as many undocumented foreigners as possible, since most of them live in the largest cities. Of course, this would contravene the Schengen guidelines and be stricken down by EU authorities. But using terrorism as the reason, it has a much better chance of being approved and seen as complying with the EU legislation.</p>



<p><a href="http://abonnes.lemonde.fr/societe/article/2017/09/12/le-gouvernement-prepare-une-extension-massive-des-controles-d-identite-aux-frontieres_5184205_3224.html?xtmc=le_gouvernement_prepare_une_extension_massive_des_controles_d_identite_aux_frontieres&amp;xtcr=1" target="_blank" rel="noreferrer noopener">http://abonnes.lemonde.fr/societe/article/2017/09/12/le-gouvernement-prepare-une-extension-massive-des-controles-d-identite-aux-frontieres_5184205_3224.html?xtmc=le_gouvernement_prepare_une_extension_massive_des_controles_d_identite_aux_frontieres&amp;xtcr=1</a></p>



<p><strong><span style="color:#5182FF" class="color">MY HELPER HAS STARTED WORKING WITH MY CLIENTS</span></strong><br>Sarah B., as my helper has called her business, started a tad later than we were hoping for. This is the kind of situations that happens all the time when one launches a new business. She is now addressing the needs of people earning less than 33,100€ in gross sales, with the<em> micro BNC </em>fiscal status. Such clients are exempt from doing full bookkeeping, but still have to file declarations of income to the tax office and to RSI for social charges. Managing payment of the social charges and understanding how it works can be quite complex. I do some of it when people initially register, because almost all these documents are needed to obtain the related immigration status. After that they should be autonomous, but in fact most of the time they are not.</p>



<p>I have been giving her name and information upon request. Her fees are between one-half and one-third of what I charge, depending on the level of services requested. Of course, she works under my supervision, so I guarantee the quality of the service, and she keeps her files in my office.</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 15th, reopening on Monday January 8th. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. I did not take much of a summer vacation so I have decided to take some time off, close to the normal length of my vacation. Of course, I will honor the prefecture meetings already scheduled, as well as a couple of other engagements.</p>



<p>Best regards,</p>



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<p>Thank you so much for your encouragement in my work. Please allow me to comment your kind note. Artists such as actors, performers, musicians and so on have two lives – their personal, intimate one and their artistic one, whether they both create and perform or just perform. Therefore people in the public eye often have a hard time making the public understand that they must dissociate the person from the art. The best example is that the character played by an actor has nothing to do with who the actor is. Alice Cooper performing on stage is just a show; the man, Vincent Damon Furnier, is the son of a minister and a devoted Christian himself. His career as Alice Cooper illustrates how far the dissociation can go.</p>



<p>Regarding the newsletter section you mention, I admit that I enjoyed crafting it and I thank my friends for helping me with it. My intent was to approach the topic of global warming, often seen in the USA as being a liberal issue, from a very conservative point of view – Catholic, religious right, old-fashioned corporal punishment – as well as sailors’ traditions shared around the world. This way my message is neither conservative nor liberal. It covers both sides and at the same time it shows that addressing the reality and dangers of global warming can be done from a very conservative point of view. This is crafting. It does not say much about who I am.</p>



<p>To sum up, I am an author and a militant. Global warming is an issue for me because it creates millions of refugees through out the world. The saddest thing for me is that it takes hurricanes devastating the USA to stir up awareness in the West, of the true consequence of global warming, when the countries of the Pacific Ocean have long suffered so much more devastation and so many more deaths. Almost all those countries used to be called “third world” countries, and in the eyes of much of the West they do not really count.</p>



<p>Furthermore, to show that I can distort all slogans, I would use “All lives matter” by taking it out of its American context. What I mean is that a death toll in Texas should be measured the same way as the one in Bangladesh happening at the same time as a result of severe floods.</p>
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<h2 class="wp-block-heading"><strong><em>ACRONYMS IN FRANCE RELATED TO SMALL BUSINESSES</em></strong></h2>



<p><em>I have a few questions regarding my registration with URSSAF, which I wish to do online. What will my legal status be (my statut juridique)? EI, EI avec option EIRL, or EURL? I was very happy that the prefecture approved my project and I now need to register to start working by creating my business.</em></p>
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<p>To say that these acronyms are confusing is an understatement. Even most French people are confused and misuse them all the time. So I need to cover some fundamental concepts to clarify the matter.</p>



<p>Being self-employed means having to choose between one of four options:</p>



<p>1. Self-employed professional =<em>&nbsp;profession libérale;&nbsp;</em>the income tax is called BNC,</p>



<p>2.Craftsperson =<em>&nbsp;artisan;&nbsp;</em>the income tax is called BIC,</p>



<p>3. Merchant =<em>&nbsp;commerçant;&nbsp;</em>BIC,</p>



<p>4. Creating a corporation =<em>&nbsp;création d’une personne morale.&nbsp;</em>The activity is considered commercial in nature regardless of what exactly it is, and the income tax is the corporate tax called IS, unless the corporation is fiscally transparent and the business owner pays BIC.</p>



<p>Now, let’s review the acronyms you mention.<br><strong>1 – EURL&nbsp;<em>(entreprise unipersonnelle à responsabilité limitée)</em></strong><br>This is a corporation with one owner. The corporation is paid, not the owner. Therefore, there is a need to define how the EURL pays you.</p>



<p><strong>2 &#8211; EIRL&nbsp;<em>(entreprise individuelle à responsabilité limitée)</em></strong><br>You create a business without a corporate structure but you want to limit the liability linked to the business and so assign a portion of your assets to secure the business. This gives your business a commercial status; the<em>&nbsp;carte de séjour&nbsp;</em>will be of the<em>&nbsp;commerçant&nbsp;</em>type.</p>



<p><strong>3 &#8211; EI&nbsp;<em>(entreprise individuelle)</em></strong><br>This acronym covers all four types of status presented above and does not make any distinction between<em>auto-entrepreneur&nbsp;</em>(now called<em>&nbsp;micro-entrepreneur)</em>, which means that it has micro social and fiscal status (this was explained in the section<strong>&nbsp;doubling the ceiling for<em>&nbsp;micro-entrepreneurs)</em>;&nbsp;</strong>and<em>&nbsp;classique,&nbsp;</em>which entails traditional billing of social charges from URSSAF, RSI and CIPAV and the micro fiscal, such as micro BNC and micro BIC.</p>



<p>To know what choice to make, you have to answer a very basic question: “What kind of liability does my business carry?” The common way to illustrate this is to review the business wondering if the “million dollars lawsuit” is possible. If this kind of liability exists then the business must be created with a limited liability scheme. If such a risk is inconceivable then this protection is not needed.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>INTERNSHIPS IN PARIS</em></strong></h2>



<p><em>I am American and I have been offered two full-time stages in Paris for different periods: the first from October to December 2017, and the second from January to July 2018. Both are paid a stipend, and each is with a multinational corporation. I intended to enroll in French language courses in order to improve my French, as I will be studying to enter a French business school. The prep school can sign a convention de stage, and the French courses qualify me for a student visa. What is unclear to me is whether I can legally undertake two stages, and obtain two internship visas, and, if not, whether I can obtain a student visa for the first three months followed by an internship visa for the following six months.</em></p>
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<p>I believe your best choice is to ask for standard foreign student immigration status. These internships clearly mean a lot to you and I can understand why. But you need to choose the right legal grounds to obtain the best status, which means one that is secure and long lasting.</p>



<p>1 – As you are a foreigner who will take classes to learn French, I assume you could hold<em>&nbsp;a carte de séjour&nbsp;</em>related to your studies. There is the most obvious answer: your studies should grant you student status in France.</p>



<p>2 – As a secondary consideration, it happens that you have been offered two full-time<em>stages&nbsp;</em>with stipends. They are not considered employee positions but student positions involving learning while working for the company. Legislation in recent years has significantly tightened the set-up for internships. Today a stage is legal only if it is part of a study program. But you state that the business school is signing the contract, so it should work. However, since the internships are full time, make sure you will be studying something other than the French language. This is probably one of the few weak points of this situation. What are you learning in the internships and how are they related to your American studies, since you will not have time to study at the French business school?</p>



<p>Without knowing your current immigration status in France, it is impossible to answer you more precisely. The procedures for both employee status and student status, and the guidelines associated with them, are quite different depending on whether you are already legally living in France or need to ask for an immigrant visa to start the process.</p>



<p>I am not 100% sure, but I think if you were to get an immigrant visa linked to the internships, it would last a full year since your two<em>&nbsp;stages&nbsp;</em>combined will last 10 months.</p>



<p>If you qualify for regular student status because you are studying French, it comes with the right to work as an employee for 60% of full-time hours. Your internships would not considered employee positions, since internships are rarely paid, even if a token stipend is given. Therefore, should you wish to take this option, your immigration status would be based on your studies.</p>



<p>The regulation is crystal clear: you cannot hold two<em>&nbsp;cartes de séjour,&nbsp;</em>only one, which must cover the main reason you are in France.</p>



<p>My advice is to ask for the generic student immigration status, which allows you to have internships as part of your curriculum. When the student<em>&nbsp;carte de séjour&nbsp;</em>expires, you will either renew it or change it, depending on how far along you are with the prep school. At that time, you will prove that you were a full-time student in both capacities, studying and being an intern as part of your schooling.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>GOING FROM STUDENT TO EMPLOYEE IMMIGRATION STATUS</em></strong><br></h2>



<p><em>I have been a foreign student in France for a few years and want to become an employee. I received a complete job offer a few days ago and just learned from them that the labor inspectors (inspection du travail) visited their office. They were told that they did not have the right to hire a foreign student on a fixed-term contract (CDD). The student immigration status allows only part-time work – 60% of full-time hours. The worst thing with this situation is that the prefecture advised this solution. Clearly the inspection du travail rules, as they are the cops. Can you explain this insanity?</em></p>
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<p>I am not sure this is insanity, but I see why it is difficult to understand as you have presented it.</p>



<p>The key to understanding the legal problem is this: too many people think that with an<em>autorisation provisoire de séjour&nbsp;</em>(APS), a master’s degree or a job offer from the right employer, a foreign student can work full-time. But students only have the right of 60% of full-time. People often think this means that they can work full-time for seven months. The French administration does not see it this way.</p>



<p>The starting point is that a foreigner has been a student in France for a few years, has received the diploma and is now looking for work. The procedure goes as follows in almost all prefectures and at DIRECCTE (the regional department of businesses, competition, consumption, labor and employment).</p>



<p>1. The foreigner contacts the prefecture, perhaps making an appointment, so that the prefecture knows that the procedure has started.</p>



<p>2. The foreigner, with a prospective employer’s help, prepares a file and sends it to DIRECCTE.</p>



<p>3. DIRECCTE has two months to respond yes or no.</p>



<p>4.The employer, the foreigner and the prefecture are informed of DIRECCTE’s decision.</p>



<p>5. If the answer is yes, the prefecture prepares the request to have the<em>&nbsp;carte de séjour&nbsp;</em>made.</p>



<p>Throughout this procedure, a lot of things can go wrong.</p>



<p>1 – The employer wants the person to start right away and has them sign a job contract. One error often made is that it is open-ended (a CDI). This makes it legally impossible to sign another contract at the same time. It is a full-time contract, and the one on which DIRECCTE will make its decision. DIRECCTE takes this as meaning that the foreigner and employer have started the labor relationship without its authorization and hence denies the request.</p>



<p>Or the contract is a full-time CDD for two, three or four months. It is then possible to sign two contracts at the same time, since the CDI supersedes the CDD, which has a contractual end date. However, if DIRECCTE issues its approval before that, the CDD is terminated early and the CDI is enforced. Therefore, the CDI usually contains a waiver stating that it will only be enforced upon receiving authorization from DIRECCTE.</p>



<p>The authorities often consider the CDD as illegal since it is full-time and it was started without any authorization.</p>



<p>The only safe solution is to sign a CDD stating that it is for 60% of full time within the duration of the contract, complying with the student right to work. This is what the prefecture advised.</p>



<p>2 – Under the latest legislation, holding a master’s degree from a registered university or an equivalent school, such as a French<em>&nbsp;grande école,&nbsp;</em>carries the same rights and prerogatives as an APS. Not all employers know this, and I am not sure that all prefectures bear it in mind when they address these requests for a change of status. These diplomas take away the right DIRECCTE has to veto the request to work as an employee based on existing unemployment in that profession.</p>



<p>3 – This said, the minimum salary to benefit from this abovementioned protection is 50% more than French minimum wage. If the monthly gross salary is below 2,200€, even by a tiny amount, this protection disappears and DIRECCTE issues a negative answer as a rule. If the salary is composed of base and commission, only the base counts, regardless of how secure the commission amount may be.</p>



<p>4 – The other popular status that grants this protection is called<em>&nbsp;les métiers en tension.&nbsp;</em>The idea here is that there are several jobs for which unemployment agencies show that there is unemployment and also candidates who cannot find work. At the same time, many employers complain that they cannot hire a good employee with the right qualifications. So the French administration has put together a list of these jobs in each region. Each DIRECCTE must accept these requests if the monthly gross salary is at least 2,200€.</p>



<p>5 – When none of the above applies, the file must be constructed so as to prove that in this specific case, there is virtually nobody else who can that do the job because of its requirements. In such a case, the usual list of documents requested by the administration is totally insufficient. The file should look more like a lawyer’s file for a court case, where everything is documented and proves a point.</p>



<p>6 – Finally, although DIRECCTE is supposed to respond within two months, there are absolutely no consequences for them if they take longer. Some DIRECCTE offices in the Parisian suburbs are notorious for taking four months or more. This causes all kind of problems, such as the<em>&nbsp;carte de séjour&nbsp;</em>expiring in the meantime, and if a<em>&nbsp;récépissé&nbsp;</em>is not issued, the employer may get scared and fire the employee. The 60% of full time might be insufficient to do the job, which could be a reason to hire someone else.</p>



<p>To conclude, I would like to reiterate that the CDD must comply every month with the foreign student’s right to work, and must also comply with other provisions of French law. That way there is no room for an adverse interpretation and the situation you have described will not happen.</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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		<title>HIT ME WITH YOUR BEST SHOT</title>
		<link>https://www.jeantaquet.com/hit-me-with-your-best-shot/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Jul 2015 06:04:46 +0000</pubDate>
				<category><![CDATA[2015]]></category>
		<category><![CDATA[MARRIAGE]]></category>
		<category><![CDATA[RETENUE À LA SOURCE]]></category>
		<category><![CDATA[SECURITE SOCIALE]]></category>
		<category><![CDATA[Social Security]]></category>
		<category><![CDATA[Tax]]></category>
		<category><![CDATA[UNMARRIED]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2516</guid>

					<description><![CDATA[July-August 2015 I would like to wish all of you a great summer and a very nice vacation. &#8220;Hit Me with Your Best Shot&#8221;&#160;is a song written by Canadian singer/songwriter Eddie Schwartz, and recorded by American singer Pat Benatar in 1980 on her second album&#160;Crimes of Passion.&#160;In view of the recent tragedies, I look at [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>July-August 2015</em></h5>



<p><strong>I would like to wish all of you a great summer and a very nice vacation.</strong></p>



<p><strong>&#8220;Hit Me with Your Best Shot&#8221;&nbsp;</strong>is a song written by Canadian singer/songwriter Eddie Schwartz, and recorded by American singer Pat Benatar in 1980 on her second album&nbsp;<em>Crimes of Passion.&nbsp;</em>In view of the recent tragedies, I look at the message and lyrics of this song and I see many violent images. Poetic images are used all the time and they often give a better explanation, a better illustration of a situation than words do. This song is all about a woman in love and there is not an ounce of real brutality in it. All the same, the title and the lyrics use a language that, if taken out of context, would be seen as rather savage.</p>



<p><strong><span style="color:#5182FF" class="color">HATRED &#8211; VIOLENCE &amp; INTOLENCE</span></strong><br>During my twelve-day vacation in the USA, I visited a longtime friend in Waterbury CT. She invited my wife and me to the 28th Annual Lobsterfest of the Sandy Hook Volunteer Fire &amp; Rescue in Connecticut. While we were there, she introduced us to many former students of Sandy Hook Elementary School, where she had been a student herself. At the end of the dinner, I asked where the school was in which the December 2012 shooting had taken place, and she answered: &#8220;Right behind you &#8221; they tore it down to rebuild a new one!</p>



<p>Too often people are blas about this kind of news until they are personally affected in some way. Being a French person living in France, I stay away from the debate regarding mass shootings, which happen all too often in the USA. But because of the personal connection, the Sandy Hook one hit me hard twice. Learning that I was having a great time a few yards away from that school cast a pall on the rest of my evening, to say the least.</p>



<p>On June 17th in Charleston, a white man attacked an African-American church, killing nine people. The incident brought back memories of the Civil Rights movement, of African-American churches burning and people being killed. This is another tragedy, an expression of pure hate.</p>



<p>When my family visited Charleston in 2006, the four of us spent several hours at the Confederate Museum. It is a small space but there was so much I wanted to learn, to understand, as the story is almost always told from the other side. Clearly, this period is still alive for part of the population.</p>



<p>Are all expressions of hatred the same? Absolutely not! At the same time, such intolerance, hatred, discrimination and racism is unacceptable. At roughly the same time as the Charleston shooting, an elementary school on the French island of Corsica was forced to cancel the year-end school party because the teachers received death threats after deciding to have the children sing John Lennon&#8217;s song &#8220;Imagine&#8221;&nbsp;in five languages, including Arabic.</p>



<p><strong><span style="color:#5182FF" class="color">RETENUE  LA SOURCE  INCOME TAX WITHHELD BY THE EMPLOYER</span></strong><br>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.</p>



<p>There is only one technical reason that withholding tax would be very difficult to set up. It is called the<em>quotient familial.&nbsp;</em>I believe France is the only country that taxes the family as a group rather than individuals. This means the amount of tax you owe changes if:</p>



<ul class="wp-block-list"><li>– You get married,</li><li>– You get divorced,</li><li>– You have a child,</li><li>– The child leaves the home,</li><li>– A family member dies, and/or</li><li>– 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><strong><span style="color:#5182FF" class="color">OFFICE STAYS OPEN DURING THE SUMMER!</span></strong><br>I have not scheduled trips this summer, but expect some absences between Friday July 17th and Monday August 17th. I will take a few extended week-end trips.</p>



<p>I would like to remind everyone that there is no August 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>THE FRENCH WEALTH TAX</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am a recent subscriber to your newsletter, which I find very interesting, informative, and frequently helpful. My wife and I own property in Paris, where we live about six months per year  three months in the spring and three months in the autumn. We are mindful of, and studiously comply with, the 90-day tourist visa waiver program limits. Our question concerns the French wealth tax. Could you explain 1) generally, how it works, 2) who is subject to it, when, and to what extent, and 3) whether staying in France more than six months per year increases the risk of exposure to the tax. Thanks for any information you can provide on a subject that everyone seems to have a different, and conflicting, opinion about.</em></p></div></a></div>



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



<p>To clarify and maybe keep this issue simple I would like to differentiate fiscal residency for income tax purposes and how the wealth tax calculation differs depending on whether the person is a fiscal resident of France or not.</p>



<p>You are a French fiscal resident if:</p>



<ul class="wp-block-list"><li>– you stay in France for 183 days in a calendar year, whether you have legal immigration status or not</li><li>– you have immediate family members (spouse and/or minor children) who reside in France</li><li>– you have a French employer</li><li>– you run a French business, even something like tutoring schoolchildren in English</li></ul>



<p>Clearly you two, as a couple, have been careful not to fall into one of these categories. You stay in France no more than 90 days each time you are here, and you come twice a year. This means you are always under the 183-day calendar year limit that would make you a French fiscal resident. No matter how many years you maintain this pattern, as long as everything else is compatible with your non-fiscal residence status, you will maintain that status.</p>



<p>The way the wealth tax is calculated depends on whether the person is a French fiscal resident. I would like to use a practical example to illustrate my point. Let us assume the apartment you own in Paris is now worth a tad more than 1 million euros and there is no loan attached to the property. As fiscal non-residents, only your real estate assets in France are used to figure whether your French net worth makes you subject to the wealth tax. The tax starts at 1.3 million euros net worth. If my assumption about the value of your property is correct, you are not subject to this tax.</p>



<p>If you were French fiscal residents, however, the property would be your primary residence and its value for purposes of tax calculation would be discounted by 20% for a market value in this hypothetical case of 800,000 euros. On top of that, your worldwide liquid assets would be added to determine if you were subject to the wealth tax. If your foreign assets &#8221;&nbsp;savings, mutual funds, retirement accounts and stock portfolio in the USA &#8221;&nbsp;were worth around $600,000, you would be subject to the wealth tax, given the current exchange rate.</p>



<p>You should calculate your net worth, as defined above, at the end of each year so you are certain that it does not exceed the 1.3 million euro limit.</p>



<p>If it does, you must fill out form 2725 and file it every year before June 15th, attaching a check to the declaration for the amount owed.</p>



<p>The first declaration is supposed to be done at your initiative in a &#8220;goodwill&#8221; procedure. Often, however, the tax office conducts audits, starting with the value of real estate you own in France, then your residency status, and then the balance in your French accounts. If they send you an audit letter, it means they know your net worth exceeds the limit, and if you have not filed, it is tax cheating, with all the related consequences. In succeeding years you always receive the form, and it is virtually impossible to get out it as it is assumed that in France no one&#8217;s assets ever go down!</p>



<p>Here is how the tax is calculated:</p>



<figure class="wp-block-table"><table><tbody><tr><td>&nbsp;BRACKET</td><td>&nbsp;BASE (euros)</td><td>&nbsp;RATE (%)</td></tr><tr><td>&nbsp;1st</td><td>&nbsp;Less than 800,000</td><td>&nbsp;0%</td></tr><tr><td>&nbsp;2nd</td><td>&nbsp;Between 800,000 and 1,300,000</td><td>&nbsp;0.50%</td></tr><tr><td>&nbsp;3rd</td><td>&nbsp;Between 1,300,000 and 2,570,000</td><td>&nbsp;0.70%</td></tr><tr><td>&nbsp;4th</td><td>&nbsp;Between 2,570,000 and 5,000,000</td><td>&nbsp;1.00%</td></tr><tr><td>&nbsp;5th</td><td>&nbsp;Between 5,000,000 and 10,000,000</td><td>&nbsp;1.25%</td></tr><tr><td>&nbsp;6th</td><td>&nbsp;Over 10,000,000</td><td>&nbsp;1.50%</td></tr></tbody></table></figure>



<p>The fact that one&#8217;s net worth is taxed between 800,000€ and 1,300,000€ when the current tax-free ceiling is 1,300,000€ looks like an oddity, and it is one. This tax is politically loaded, so it requires a historical explanation. In 2011, the ceiling was raised by a conservative government trying to please its electoral base. It kept the old brackets in order not to appear to favor the very wealthy by French standards. So in May 2011, shortly before the declaration had to be made, the government made this change and it has remained up to today.</p>



<p>There are two other issues I would like to address regarding this topic. The first is good news: even if one is a French legal resident, the wealth tax does not kick in before five years of residence.</p>



<p>The second is more like bad news: the 183-day limit that defines the French fiscal residence is more an indication than a rule written in stone. The tax treaty defines the domicile as the place where the person spends most of his/her time. This is the true concept that the French tax authorities use. So, for example, if you spent just under six months in France, then three months in the USA, a month in Canada skiing and two months in Jamaica for the sun, you would be a French fiscal resident: France is where you spend most of your time, even though it is less than six months. On the other hand, how are the French authorities to know where you spend your time outside of France?</p>



<p>Clearly the wealth tax is complex, but knowing the value of the real estate you own in France is a safe place</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>ABOUT THE FRENCH SOCIAL SECURITY NUMBER</em></h2>



<p><em>I would like to make a comment about your explanation of the French social security number in the April 2015 issue.</em></p>



<p><em>I received mine long before my wife got hers. The delay was caused, according to what I was told, by the failure of the local town hall in the town where she was born in the USA to provide the sequential line number in the registry book. INSEE sent the letter requesting this vital number and nothing happened until they heard back.&nbsp;To fix the situation I sent two registered letters, one to CPAM asking them to try again and another to the town hall in the USA imploring them to respond to the request when they got it.&nbsp;This Wikipedia article explains that the last three digits correspond to the applicant&#8217;s birth order in a given place:</em></p>



<p><a href="https://fr.wikipedia.org/wiki/Num%C3%A9ro_de_s%C3%A9curit%C3%A9_sociale_en_France" target="_blank" rel="noreferrer noopener">fr.wikipedia.org/wiki/Num%C3%A9ro_de_s%C3%A9curit%C3%A9_sociale_en_France</a></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>I published the Q/A<strong>&nbsp;&#8220;THE FRENCH SOCIAL SECURITY NUMBER&#8221;&nbsp;</strong>in the May 2015 issue. This said, thank you very much for your message providing more precise information regarding the French social security number, as issued by INSEE. The Wikipedia page indeed describes how the last three digits of the ID number are defined. What you say is true when it comes to people born in France, whether French or foreign. As France has a special code for each city in the country, it is easy to add three more digits for birth order in a particular commune and month. The system has a limit of 999 men and 999 women born in the same month in the same city, which looks quite reasonable.</p>



<p>I was describing the issuance of this ID number for people born in a foreign country. This makes a world of difference. For people born in a foreign country, the social security number includes the code of the country, not the city. With populous countries such as the USA, if one used the birth order reckoned for the number of people born in each city, one could end up with two or more people having the exact same French social security number. This is absolutely unthinkable; France loves its math so much that it would never take the risk of this happening, regardless of how low the odds might be. I am sure that this rule is not applied to those of foreign birth.</p>



<p>Now, to be clear, YES, I confirm that INSEE sends a request to the city of birth to confirm the veracity of the original document the applicant submitted to the CPAM. Furthermore, the CPAM often adds another demand, which is that the birth certificate bears the Hague Apostille certification, which makes the document official internationally. This is the highest level of authenticity an official document can have. Even with all this, the French administration still wants confirmation of authenticity. By the way, this illustrates how extreme the pursuit of accuracy by the French administration can be. It may put into perspective the demands of the prefecture when it asks to see original documents!</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>LOSING FRENCH RESIDENCY WHILE BEING MARRIED TO A FRENCH</em></h2>



<p>I&#8217;m leaving France to move to Australia in six weeks, but my one-year family<em>&nbsp;carte de séjour&nbsp;</em>is still valid until October. I might want to return to France in a year or two. Do I need to do anything regarding my<em>&nbsp;carte de séjour&nbsp;</em>to make it easier for when I return? Or do I just let it expire? I&#8217;m Australian and I am married to a Frenchman.</p>



<p><a href="https://fr.wikipedia.org/wiki/Num%C3%A9ro_de_s%C3%A9curit%C3%A9_sociale_en_France" target="_blank" rel="noreferrer noopener">fr.wikipedia.org/wiki/Num%C3%A9ro_de_s%C3%A9curit%C3%A9_sociale_en_France</a></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>The first thing I have to say is that you can only have one legal residency. It would be illegal for you to claim that you reside in France and Australia at the same time. But let&#8217;s look into the situation that you would create if you decided to try this anyway.</p>



<p>It would be possible &#8221;&nbsp;difficult, but possible &#8221;&nbsp;for you to have the documents needed to renew your &#8221; carte de séjour &#8221; in October 2015, as long as your husband accompanied you. You could even have a friend or family member vouch that you lived with them, which might even technically be true at the time you came to Paris to submit the prefecture request. And you would have one of the most important documents, the French income tax statement for the previous year&#8217;s income &nbsp;i.e., for 2014. So, clearly, you would be able to fake it successfully in October 2015.</p>



<p>Now, let&#8217;s look at what would happen in October 2016. Let&#8217;s say that you and your husband stay just one year in Australia. At that time your proof of address would be genuine, but you would not have the French income tax document for 2015, unless you claimed two fiscal residencies, which would be prohibitively expensive. The prefecture would deny you the right to renew the &#8221; carte de séjour &#8220;, but since you would be living in France with a French husband, the prefecture would issue a new &#8221; carte de séjour &#8221; under the provision in the CESEDA code, article L313-11-4.</p>



<p>I would like to take a look at your question in another way. The course of action you are considering would be not only illegal, but also expensive &nbsp;i.e., two round trip tickets between France and Australia, to start with &nbsp;as well as uncertain: what if the prefecture asks for more documents and gives you an appointment two months or more later?</p>



<p>On the other hand, it is legal, easy, cheap and safe to ask for an immigration visa at the French consulate in Australia when you are ready to live in France again, based on the provision that you are the spouse of a French citizen. I fully understand your concern, and your fear of letting go of your French immigration status, especially if you fought hard to get it; it may feel like it was such a miracle that you got it the first time that you fear you will never get it a second time.</p>



<p>But you have lived long enough in France to understand what a French file is made up of. The dreadful experience of getting your card should have taught you a lot about what is expected. Also, you will be asking for a visa and not a &#8221; carte de séjour &#8220;, which is always easier. I hope that this reassures you and you can see that your fear is ungrounded for the most part.</p>



<p><a href="http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000028921637&amp;cidTexte=LEGITEXT000006070158&amp;dateTexte=20150620&amp;oldAction=rechCodeArticle&amp;fastReqId=442884486&amp;nbResultRech=1" target="_blank" rel="noreferrer noopener">www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000028921637&amp;cidTexte=LEGITEXT000006070158&amp;dateTexte=20150620&amp;oldAction=rechCodeArticle&amp;fastReqId=442884486&amp;nbResultRech=1</a></p>



<p>4- A l&#8217;étranger ne vivant pas en état de polygamie, marié avec un ressortissant de nationalité française, à&nbsp;condition que la communauté de vie n&#8217;ait pas cessé depuis le mariage, que le conjoint ait conservé la nationalité française et, lorsque le mariage a été célébré&nbsp;à l&#8217;étranger, qu&#8217;il ait été transcrit préalablement sur les registres de l&#8217;état civil français.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>COMING TO FRANCE AS AN UNMARRIED COUPLE</em></h2>



<p><em>I am Polish but currently I am living in Australia. In July/August I am planning to move to Paris where I would have a contract job and I will be staying there for a few years. I am thinking of moving to France with my Thai girlfriend but we do not have any official documents for our relationship, as it is fairly new.</em></p>



<p><em>I know that I do not need a visa since Poland is a full member of EU now, but I would like to know about her rights. Is there any chance that she could get a long-stay visa in France with the option to work and that this visa could be granted because she is in a relationship with me?</em></p>



<p><em>Do I need to legalize this relationship somehow? Our friendship is not long enough to think about marriage but I would think about it if there were no other way.</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>Considering the specifics of your situation, I believe you will best achieve your goal with a two-step procedure. First you two would work on the most easily-obtained visa that makes it possible for her to enter France. Then, once in France, you would document your relationship with a &#8221; pacte civil de solidarité&nbsp;&#8221; (PACS, a kind of civil union), and also work to get a much better immigration status that would include the complete right to work in all capacities.</p>



<p>The first step is for her is to get entry-level immigration status with a &#8221; visa de long séjour mention visiteur &#8220;. There are eight types of long-stay visas that grant the right to obtain the related &#8221; carte de séjour &#8221; once in France. Most of them require a sponsor in France; only one requires no sponsor and no investment in France. Since your Thai partner has no support but you, she must rely on her own merit, or more likely your ability to sponsor her, i.e. support her financially.</p>



<p>There are two other types of status that might look like better alternatives. First, she could be a full-time student in France. But I believe this might not be the best choice. It has one very good feature: she would be able to work 60% of full time for one year or as long as she has an immigration title. If you need her income to live in France, this is the best solution. Yet the qualifying schools are expensive, so it might not be worth it financially. And it depends a lot on her ability to find a well-paying job in France.</p>



<p>The second idea is that she could start a business in France. One option is that she could work as a consultant with a<em>&nbsp;visa mention profession libérale.&nbsp;</em>This requires hardly any financial investment, but I am not sure she has a professional profile compatible with this plan, since she will be in a different country. She would also have to have business prospects in France who are willing to confirm their desire to use her professional services in writing so you can use their statements to request the visa. Another option is to create a company and run a business, but the required<em>&nbsp;visa mention commerçant&nbsp;</em>is one of the hardest to get and usually requires the creation of a French corporation, which implies significant financial investment.</p>



<p>Here is how to carry out the optimal plan:</p>



<p><strong>Step 1: she gets entry level immigration status</strong><br>A long-stay &#8221; visa mention visiteur &#8221; does not grant the right to work but you can sponsor her 100% with an affidavit of lodging and support. You will have a place to stay in Paris and your income allows this support. There are two statements to sign stating your decision to take care of her 100%, and the rest is already in your file, from your employer.</p>



<p>She has to prove three things:<br>&#8211; financial means of at least 12,000€ a year, which you provide,<br>&#8211; an address in France in a suitable place, also provided by you,<br>&#8211; a comprehensive health coverage policy, which costs about 400€ a year, purchased in Paris.</p>



<p>She also has to provide her personal documentation, mainly passport and birth certificate, and a police report showing she has no serious criminal record.</p>



<p><strong>Step 2: once you are both in France, you create a new situation with a PACS</strong><br>Once you are both French legal residents, you prepare the file needed to have a PACS registered with the relevant court, the Tribunal d&#8217;Instance. The PACS grants a hybrid status in between being married and being an undocumented couple. It confers almost all the rights and prerogatives of marriage, except for immigration purposes.</p>



<p>If she lives with you in France for over a year and is PACSed to an EU citizen, namely yourself, she will have the right to a &#8221; carte de séjour mention vie privée et familiale &#8220;. This card grants all rights to work, so there is no need to add another procedure.</p>



<p>The proof of living together is very simple to provide: everything related to the lodging and your stay in France must be in two names, as much as possible. Mail should be addressed to her, for example, as Ms. xxx C/O Mr. TTT.</p>



<p>This solution only works if your salary is high enough that she does not need to work the first year in France. If that is not the case, the alternative is asking for a student visa, but I would question the feasibility of this plan since her earning power may be very low in France right after she arrives. After a year or more, it should be a lot different.</p>



<p>Good luck with your plan.</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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		<title>Through the Looking-Glass</title>
		<link>https://www.jeantaquet.com/through-the-looking-glass/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Fri, 01 May 2015 06:47:43 +0000</pubDate>
				<category><![CDATA[2015]]></category>
		<category><![CDATA[Carte de resident]]></category>
		<category><![CDATA[carte de sejour]]></category>
		<category><![CDATA[LAW]]></category>
		<category><![CDATA[SECURITE SOCIALE]]></category>
		<category><![CDATA[Social Security]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2528</guid>

					<description><![CDATA[May 2015 Through the Looking-Glass is a novel written by Lewis Carroll in 1871. It is the sequel to Alice&#8217;s Adventures in Wonderland.The book starts with Alice sliding behind the mirror on top of the mantle and seeing what is happening around her from a completely different angle. Both of Lewis Carroll&#8217;s books take place [&#8230;]]]></description>
										<content:encoded><![CDATA[
<h5 class="wp-block-heading"><em>May 2015</em></h5>



<p>Through the Looking-Glass is a novel written by Lewis Carroll in 1871. It is the sequel to Alice&#8217;s Adventures in Wonderland.The book starts with Alice sliding behind the mirror on top of the mantle and seeing what is happening around her from a completely different angle.</p>



<p>Both of Lewis Carroll&#8217;s books take place in a fantasyland. Settling in a foreign country very often gives the impression of landing in a place where the rule of a crazy, vicious queen creates complete chaos.</p>



<p>In 1980, I spent a week at the University of Notre Dame, on my first trip to the USA. I attended an English literature class, where I studied these two books. This trip was also where I first experienced culture shock as a young French adult. Most of the topics addressed in this issue deal with the impression that the French administration is either condescending or erratic and confusing.</p>



<p><strong><span style="color:#5182FF" class="color">IN FRANCE, FOREIGNERS EARN THEIR RIGHTS THE HARD WAY</span></strong><br>A reader writes, quoting the April 2015 issue: -No one is born French; one learns to be French by sharing the values that France stands for.-<br>&#8220;He is not referring to the ability to hold a French passport, but his vision of what the ideal French nation should look like. Understanding what he means would help foreigners feel much better about handling the required paperwork!&#8221;<br>She continues:<br>-This reminds me of my naturalization at the French Consulate of San Francisco with my French husband in 1997. My husband made an offhand comment about French citizenship being my right, and was promptly reproved by the consular official: &#8220;Ah, non, Monsieur! être français n&#8217;est pas un droit, c&#8217;est un privilège!</p>



<p>-I have always felt privileged to be a French citizen and the paperwork was all worth it. Got a nice welcome letter from M. Chirac as well, welcoming me to the French nation. </p>



<p>MY ANSWER<br>Indeed, the French administration makes sure you feel that you are granted French citizenship &#8211;&nbsp;or any other immigration status as a foreigner, for that matter &#8211;&nbsp;because they have decided to do so and not because you have a right to obtain it, even though you know you fully comply with the requirements. In those days, the naturalization process was pretty automatic, but this never deterred the administration from making you feel like you got it by the seat of your pants.</p>



<p>Today the issue is really different. The current prime minister was born not French but Spanish, and was naturalized when he was 20. Therefore his vision derives from that, and just being born French is not enough. In his mind what makes you French is the fact you know and respect the legacy of centuries of French history. He expects French people to respect and therefore endorse what France stands for. Thus he goes far beyond what was commonly said before. Of course, he has to, because the far right is attacking him for not being French enough.</p>



<p>I will be interested to see how far he goes in politics, since for the first time that I can remember, a member of the French government who is associated with the left has proclaimed how truly proud he is to be French. Since he was not born French, his message is much more authentic than such a message generally is.</p>



<p><strong><span style="color:#5182FF" class="color">RENEWAL OF THE CARTE DE RÉSIDENT SHOULD BE AUTOMATIC</span></strong><br>Another reader writes:<br>-I finally went through the 3rd or 4th renewal of my carte de résident with the Parisian préfecture after nearly a year of procedure started in March 2014 by submitting the application in the mail. I got the card, after lots of anxiety and correspondence, in early March this year, 2015. The expiration of the card was in July 2014.</p>



<p>-It was quite a slog but I hope this is the last one, as I do not want to be around as a late ninety-year-old man or, heaven forbid, a centenarian after this card expires.</p>



<p>MY ANSWER<br>Here is a perfect example of the difference between what the law says and what happens at the préfecture.The law on this topic has not changed for decades; renewal of the carte de résident is automatic, except in three cases:</p>



<ul class="wp-block-list"><li>– 1. The applicant has served a criminal sentence.</li><li>– 2. He/she poses a threat to national security as a terrorist.</li><li>– 3. The applicant has been resident elsewhere for over three years.</li></ul>



<p>If you do not fit one of those situations then you know for sure that the card will be renewed. That is the legal position.</p>



<p>I recently accompanied a client to the central office of the Paris préfecture because her carte de résidentwas being renewed. I was able to get some explanation of the current situation from the civil servant we saw. This person said that the office in charge of this task had been reorganized and new management appointed. As a result, within a few months it got totally disorganized, to the point that what usually took three to four months quickly went to six, then to a year. According to this civil servant, there is no way of knowing when it will be back to normal. So this service is not answering the phone or replying to emails. Although there is a cTake-A-Number ticket dispenser on site, taking a number in order to see one of the préfecture&nbsp;employees does not mean one will automatically be served, as this machine is either for the use of people who already have appointments or who are applying for other immigration papers that do not necessitate an appointment. With some persuasion, we managed to start the conversation and be reassured as to where the récépissé was issued, i.e., at one of the Centres de Réception des Etrangers. (C.R.E.). It is unwise to stay in France with expired papers for several months, even for Americans.</p>



<p>All I can say in response to the rest of your comment is that we can only hope the current problem will have been fixed ten years from now!</p>



<p><strong><span style="color:#5182FF" class="color">THE HARSHEST IMMIGRATION LAW WAS ENFORCED BETWEEN 1993 AND 1997</span></strong><br>-Something strange happened to us too, still another reader writes on this topic. We applied as a family for French citizenship because my former husband wanted to.</p>



<p>-We were at the final step when the Minister of Interior, Mr. Charles Pasqua, declared zero immigration and this very tough law was approved. An elusive letter said they were not actually refusing us but we should wait and start all over again in three years!</p>



<p>Well, I said a few chosen words and threw all the paperwork in the garbage, feeling that I did not really need citizenship to carry on my life in France.</p>



<p>MY ANSWER<br>This must have happened exactly as it happened to me, under the so-called Pasqua-Debré laws, which were in effect in 1993-97. I faced the same attitude coming from a completely different angle. The painful incident I described in the last issue occurred during that time.</p>



<p><strong><span style="color:#5182FF" class="color">FRENCH INCOME TAX: TIME TO DECLARE AND PAY</span></strong><br>Regarding the more mundane topic of income tax, I would like to remind everybody that the paper version of the 2014 income declaration must be filed in France before May 19th and the second partial income tax payment (deuxième tiers) is to be paid before May 15th (midnight, in both cases). The forms have been available since April 15th on the website <a rel="noreferrer noopener" href="http://www.impots.gouv.fr/" target="_blank">www.impots.gouv.fr</a>. It is now possible to file your declaration on this website, provided that it is not your first time filing (you need your tax ID number and some access codes).</p>



<p>If you file online, the deadline is later. The schedule depends on your postal code:</p>



<ul class="wp-block-list"><li>– départements 01 to 19 must file by midnight on May 26th,</li><li>– départements 20 to 49 by June 2nd and</li><li>– départements 50 or higher by June 9th.</li></ul>



<p>An important reminder: if you are a French fiscal resident (i.e., basically if you hold a carte de séjour or an immigration visa validated with an OFII stamp), you must declare your worldwide income to the French authorities even if you do not earn any income in France, do not have the right to work in France or truly do not work in France. Just because there is no penalty to pay does not mean it is legal to neglect to file.</p>



<p>The four situations that define a French fiscal resident are:</p>



<ul class="wp-block-list"><li>– 1. Staying in France for 183 days in a calendar year, whether you have legal immigration status or not.</li><li>– 2. Having immediate family members who reside in France (a spouse and/or children).</li><li>– 3. Having a French employer.</li><li>– 4. Running a French business, even something like tutoring schoolchildren in English.</li></ul>



<p><strong>OFFICE TO CLOSE FOR A NON-SUMMER VACATION!</strong><br>My office will be closed from the evening of Wednesday June 3rd until 9AM on Wednesday June 17th. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. I will let individual clients know how to receive or retrieve their mail during this period.</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>THE FRENCH SOCIAL SECURITY NUMBER</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am a self-employed American living in France and I cannot create a personal account with CIPAV, RSI and URSAFF, because apparently my French social security number is either incomplete or perhaps not right.</em><br/><em>Can you advise me on how to get attestations from any of them saying that I am paid up, as I need them for the préfecture to renew my carte de séjour?</em></p></div></a></div>



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<p>You do indeed need to show the préfecture the following statements:</p>



<ul class="wp-block-list"><li>– &nbsp;URSSAF &#8211;&nbsp;attestation de compte à&nbsp;jour, the statement showing that you are paid up with them<br>– &nbsp;RSI-RAM &#8211;&nbsp;attestation de compte à&nbsp;&nbsp;jour attestation d&#8217;ouverture de droits, which shows that you are covered by them. As for CIPAV, you do not need a statement from them to get your card renewed, but you can always ask for an attestation de compte&nbsp;à jour.&nbsp;</li></ul>



<p>You also need to show the bills from those organizations and the schedule of payments you receive at the beginning of the year.</p>



<p>Even if you do not have a valid French social security number, with just your ID (carte de séjour or passport) or your tax ID number (numéro SIRET) you can go to the appropriate branch of each organization to get these documents. Thus obtaining them can be time consuming but relatively easy. (Never underestimate the waiting time in those places.) Another solution is to call and ask to have them sent by mail or, even better, by email. The wait to get someone on the phone can also be long and the mail can take several days.</p>



<p>This situation underlines the fact that, unlike in the USA, in France the social security number pertains to a range of social benefits, rather than just pensions, but is not used as a generic ID N. It can sometimes feel like each organization issues its own ID number; some are shared but others are specific to the organization. For example, URSSAF never uses the social security number, but insists on getting its own number before it will do any research; on the other hand, it may agree to use the numéro SIRET to find you in the database. I admit that it is all very confusing.</p>



<p>As for your statement that -my French social security number is either incomplete, or perhaps, not right,- I have a hard time believing that INSEE could issue a wrong or incomplete number, although I can understand that perhaps your frustration makes you feel that this is the case. I would like to explain how the number is constructed to show how improbably it is that it is incomplete or wrong. Virtually the entire number is based on your location and date of birth.</p>



<p>Take, for example, the number 2 64 04 99 404 xxx xx</p>



<ul class="wp-block-list"><li>– 2 is for a woman (a man&#8217;s number would start with 1)</li><li>– 64 is the year of birth, in this case 1964</li><li>– 04 is the month of birth, i.e., April</li><li>– 99 means the person was born outside of France</li><li>– 404 stands for the USA and means that is where the person was born.</li></ul>



<p>Then come three digits issued by the computer system, followed by two digits called the key, which are the result of a complex math formula.</p>



<p>Once you receive a number that shows all this, you know you have the definitive one. The need for official proof of this information explains why it takes so long to get the definitive number from INSEE, and why you have to produce an original birth certificate, with its official translation. Way too much derives from this document.</p>



<p>When you enter the system as an adult foreigner, INSEE issues a temporary ID number so you can benefit from the health coverage and other benefits. Generally, a temporary ID number cannot be used to create a personal account online. The reason is that the software in the website translates these numbers into the information it represents as I have illustrated just above. A temporary ID number is made of too many 9s or 0s, which cannot represent the situation of a real person. Therefore the computer software declares it invalid.</p>



<p>If you have been struggling for about a year, which I assume is the case since your carte de séjour is up for renewal, it means your file has been stuck for a long time because there is something wrong with it. I believe it is most likely that your request is trapped either in the Auray RSI office or at INSEE because of some anomaly on the birth certificate you gave them. In any case, go to your local RSI branch to ask where the file is stuck and request that they check to see if the right document was supplied, meeting their full requirements for an original birth certificate with an official seal, i.e., the de Hague apostille, both documents have been officially translated. An efficient procedure takes less than six months, so you can see that something went really awry here.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>CARTE DE SEJOUR VIE PRIVEE ET FAMILIALE AFTER A BREAK-UP</em></h2>



<p><em>I am American who was PACSed for five years, and I recently de-PACSed with my French partner. My carte de séjour expires in November. I am a student and will be done with my internship in mid-June. Do I have to change my status now, or only when I apply for another visa?&nbsp;I am afraid to change status because I have heard so many horror stories of the préfecture deporting expats because they believe they are cheating the system. I just want to stay until the end of the visa and I will leave. What are the necessary steps I need to take so that I can stay until the end of my visa?</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>I understand your concerns but in order to address the right ones, I need to identify the situation and the solutions you will choose from. You are right to be afraid of what the préfecture can do, since you must change the grounds on which you will request your next carte de séjour. Choosing the right one is critical, as it has an immediate impact on your life in France, as well as when it comes to renewal, as some are easier to renew than others. I often compare the préfecture to a shop where foreigners should be able to choose among the many types of immigration status available, picking the one that best suits their specific situation. So, before jumping to conclusions, you should review your current situation.<br>You obtained your first carte de séjour mention vie privée et familiale after having lived with a French partner for at least one year and being PACSed in France. Therefore I assume you have lived in France at least five years and maybe longer. I also assume you have been a full-time student the entire time and that you may be finishing your courses soon.</p>



<p>So, you have a choice between requesting renewal of your carte de séjour mention vie privée et familiale, on the basis of the overall long-lasting ties you have had with France, or changing status. In the préfecture&#8217;s view, a PACSed relationship that lasts more than five years opens the right to the vie privée et familiale card. This card allows you to work full-time and is not related to your success in school. Thus, this would in effect be the ideal card for you now and in the future, once you are ready to look for a job and start your career.</p>



<p>Alternatively, you could ask for the carte de séjour mention étudiant. I assume you would not encounter too much trouble, as you are indeed a student, but the préfecture has the right to evaluate your studies to decide if they are &#8220;good enough&#8221; for you to have this card. Furthermore it would make it a lot more difficult to get your first full-time job in France. The reasons are:<br>– it is very difficult to get a first full-time job in France,</p>



<p>– the duration of the procedure and the risk of a negative answer discourage potential employers</p>



<p>– when the procedure is successful, the employer must pay a tax equal to 60% of your monthly salary</p>



<p>Hence, it is obviously in your best interest to continue with the carte de séjour mention vie privée et familiale.</p>



<p>Be aware that the préfecture closely scrutinizes all requests where the status has changed, even if they do not entail changing the name of the card. It is quite possible &nbsp;especially with the carte de séjour mention vie privée et familiale, which has so many different categories &nbsp;that the grounds on which the card is issued change but the mention stays the same. This type of request must be addressed as if you had to prove everything the way you did when you had just got off the plane. What makes this situation risky is that you are losing one status and the file does not prove that you fully qualify for the new one. Horror stories about the préfecture almost always involve applicants who put together a file that does not meet expectations and so are told to come back again and again. Your goal is to submit the perfect file so the préfecture cannot refuse your request. In your case, this means documenting the five years that the relationship lasted, the progress you made in your studies, and any jobs and internships you did &nbsp;in short, everything that shows how well you definitively made your life in France. You present all of yourself!</p>



<p>Now, practically speaking, I would advise you to wait until November for your appointment, in the case you need extra time to prepare the file. You are also obliged to declare your change of address and change of relationship status. The change of address can be done easily at the nearest police station without affecting your carte de séjour. It is better for you if the préfecture learns as late as possible that you are now single.</p>



<p>One other thing I would like to point out is that, contrary to what you imply, the préfecture does not believe all requests for a change of status are motivated by a desire to cheat the system. As I said, the préfecture reviews requests very thoroughly in order to be certain that the applicant complies with current requirements.</p>



<p>The last but not the least of my comments is that it is unheard of for an American or Canadian citizen to be deported just because they have lost their French immigration status. Letting one&#8217;s papers lapse is never the best solution, but in some instances being without any French immigration documentation for a few months or so &nbsp;because the process is taking a very long time, or one needs to transition from one status to another can be a reasonable risk to take.</p>



<p>The bottom line: do not act in fear, but find out what is best for you and act accordingly, and with confidence that it will work.</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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		<title>GET THE MESSAGE</title>
		<link>https://www.jeantaquet.com/get-the-message/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 Oct 2014 06:34:59 +0000</pubDate>
				<category><![CDATA[2014]]></category>
		<category><![CDATA[carte vitale]]></category>
		<category><![CDATA[Prefecture]]></category>
		<category><![CDATA[SECURITE SOCIALE]]></category>
		<category><![CDATA[Social Security]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2553</guid>

					<description><![CDATA[October 2014 The expression «&#160;get the message&#160;» is used in many different ways and situations. This month’s first two Q&#38;As raise the issue of passing information on or retaining it and getting in trouble for doing so. The two issues raised in the introduction deal with the continuation of poor behavior. I would say that [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>October 2014</em></h5>



<p><br>The expression «&nbsp;get the message&nbsp;» is used in many different ways and situations. This month’s first two Q&amp;As raise the issue of passing information on or retaining it and getting in trouble for doing so. The two issues raised in the introduction deal with the continuation of poor behavior.</p>



<p>I would say that when someone screams, «&nbsp;Get the message,&nbsp;» very often the message is in fact not clear. Instead of focusing on the message being received, we should probably focus a lot more on how clear, useful and safe the message is. Regarding the first topic below, the status of interns in France, management should understand that the exploitation of interns in France is over. As for celebrations of past events, there is a risk, when creating shows that talk loosely about these events, of the message getting lost altogether. Concerning the first Q&amp;A, about the French healthcare system storing information in the carte vitale, if the insured person does not update the card, it creates problems. And regarding the second Q&amp;A, about giving self-incriminating information to the préfecture: surely it is only common sense to refrain from saying too much to the police!</p>



<p><strong><span style="color:#5182FF" class="color">UNPAID INTERNSHIPS IN FRANCE &#8211; AN ODDITY THAT SHOULD DISAPPEAR OVER TIME</span></strong><br>Because of the rigidity of the French labor market, it is more difficult for a student to get a summer job or part-time job than in, say, the USA. Therefore, higher education in France often includes internships so students get some work experience before taking a full-time position and starting their career. This was originally a good idea that worked very efficiently, and business schools used such arrangements successfully to allow students to learn a lot and get meaningful experience.</p>



<p>But the fact that internships were only loosely structured and the employer did not have to pay a salary meant that for the last twenty years or more, companies have abused the system, with young people (and until recently, not always actual students) working for free or almost free and taking the place of regular employees. Interns generally agree to such arrangements in hopes of being hired at the end of the internship. Now steps are being taken to limit such abuse. Without describing them in detail, the main goal is to give schools some power to control the terms and conditions of internships so that they can only be done as part of a school curriculum.</p>



<p>Last April 26th in Le Monde, I read about an intern at the Institut Gustave-Roussy cancer hospital in Villejuif trying to poison his boss out of desperation. This was not the first time the media had mentioned this type of incident involving an intern, but it illustrates how far the abuse sometimes goes, as well as how difficult it is in the French job market to get that all important first full-time position.</p>



<p>A bill approved by the Chamber of Deputies last February 13th and expected to be voted on by the Senate is intended to improve the situation. The main provisions are:</p>



<p>– An internship cannot last more than six months.</p>



<p>– The minimum monthly compensation is 523, which is not considered salary and therefore incurs no taxes or social charges.</p>



<p>– No more than 10% of the staff can be made up of interns.</p>



<p>The bill has caused debate between employers and schools. Some in the former camp believe these requirements go too far, so that employers will stop using interns. This argument says that their work is often poor, that they are not worth the money spent on them, and that the job experience itself has considerable value and should be promoted rather than constrained. On the other side are student unions and employee unions, along with the political parties of the left, which want to keep employers under close reins to stop abuse that is still far too common.</p>



<p>I feel there is a need for balance between the two sides. More specifically, I believe that French labor law distorts the relationship between the two parties, that French employers and employees are so entrenched in their old, sterile positions that no solutions are in sight soon, and that passing a series of laws does not address the root of the problem, which is the deep distrust between the two parties distrust that this kind of legislation only exacerbates.</p>



<p>Only time will tell if the latest law will do any good or will have more negative than positive consequences. After all, the goal is for students to have meaningful internships and for schools and employers to work together for the wellbeing of all parties. I get the feeling that too many people on both sides of the issue have lost sight of that!</p>



<p><strong><span style="color:#5182FF" class="color">PRESENTATION OF THE 70TH ANNIVERSARY OF PARIS’S LIBERATION</span></strong><br>Sometimes I receive very short messages. They can be quite specific and need an answer. This one is an excellent example. It had no text at all, just a link, and I had to figure out what it meant.</p>



<p>T<strong>HE MESSAGE</strong><br>70 Ans de la Libération de Paris &#8220;MONUMENTAL&#8221;SON et LUMIERE le 25/08/14 PARIS https://www.youtube.com/watch?v=qtrbRYUF9Ic.</p>



<p><strong>MY RESPONSE</strong><br>Thanks to the sender. Indeed, it feels like all French media outlets have been talking about this year’s two anniversaries: the beginning of WWI (1914-18) and the end, at least for France, of WWII (1939-45).</p>



<p>Countless newspapers and magazines have written about the Libération of Paris, which occurred August 19-25 in 1944. Some aspects of this fight were heroic and I am glad that several commemorations were scheduled. But even before the celebrations started, I was getting turned off by poor media coverage and poor choices regarding how to commemorate the event. All this is subjective, and my response to this person, adapted below, makes clear there are two sides to the issue. This said, D-day and the Libération of Paris, are the ones everybody has been talking about and rightfully so.</p>



<p>Although I have not given much thought to the question What else should we remember in France about what happened in 1944 during WWII? I would celebrate the following:</p>



<p>La Bataille du rail, which has been shamefully ignored in the American media. To add insult to injury, some American groups are suing the SNCF for its role in the deportation of Jews. But there were also courageous efforts by French railway workers to sabotage trains carrying Nazi reinforcement troops. The story was told in René Clément’s 1946 movie La Bataille du rail (The Battle of the Rails).</p>



<p>Le Maquis du Vercors a misguided but still very important military action led by the high command of the Résistance. As Wikipedia explains, The Maquis du Vercors was a rural French Forces of the Interior resistance ( maquis ) group who fought the 1940-1944 German occupation of France in World War II. The Maquis du Vercors used the prominent scenic plateau known as the Massif du Vercors (Vercors Plateau) as a refuge. Many members of the maquis, called «&nbsp;maquisards&nbsp;» died fighting in 1944 on the Vercors Plateau. (http://en.wikipedia.org/wiki/Maquis_du_Vercors) (http://en.wikipedia.org/wiki/Maquis_du_Vercors)</p>



<p>Oradour-sur-Glane, which you should be sure to look up if you have never heard of it. Oradour is a village in the Limousin region of west-central France. The original population was destroyed on 10 June 1944, when 642 of its inhabitants, including women and children, were massacred by a German Waffen-SS company. A new village was built after the war on a nearby site, but on the orders of the then French president, Charles de Gaulle, the original has been maintained as a permanent memorial and museum. (http://en.wikipedia.org/wiki/Oradour-sur-Glane)</p>



<p>One last detail: the height of this celebration was held on the Place de l’Hôtel de Ville because it was convenient to use the facade of this huge building as a movie screen. But historically, it is simply quite inaccurate. True, blocking the Porte d’Orléans and finding some way to have screen there of similar size would have been virtually impossible. But it would have been a lot more historically accurate.</p>



<p>Who cares?</p>



<p>I do.</p>



<p>If you are wondering why I would choose the Porte d’Orléans:</p>



<p>-On 24 August, delayed by combat and poor roads, the Free French General Leclerc, commander of the 2nd Armored Division, disobeyed his direct superior, American field commander Major General Leonard T. Gerow, and sent a vanguard (the colonne Dronne) to Paris with the message that the entire division would be there on the following day. (http://en.wikipedia.org/wiki/Liberation_of_Paris)And they did indeed arrive as promised, on the Nationale 20, entering Paris through the Porte d’Orléans where General Leclerc’s statue stands tall today in the middle of the place.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE TO CLOSE FOR THANKSGIVING</span></strong><br>My office will be closed from the end of Thursday November 20th until 9AM on Wednesday December 3rd, instead of for the usual Christmas vacation. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. I will let individual clients know how to receive or retrieve their mail during this period.</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>FRENCH HEALTH COVERAGE AND THE CARTE VITALE</em></strong><em><br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I have been living in France for the longest time, have a French husband, and a job here. A few months ago I was rushed to the hospital for a small accident nothing major, but still, medication and physical therapy were needed. The hospital processed the bill through the system and I paid my portion, mainly the TV and the phone. This said, when my husband went to the drugstore with the prescription and my carte vitale, they refused to use it, saying that it was dead and that I had no credit left. So he paid the entire amount in full, which by the way was more than the complete week in the hospital. Nobody can explain this oddity. The hospital clearly thought that I was covered and the pharmacist said that I had no coverage left. Can you explain this?</em></p></div></a></div>



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<p>For my readers to understand your situation, I must explain what the carte vitale, is, what it contains and how the French health care system works.</p>



<p>Health coverage in France is offered or mandatory, depending on status, for everybody who lives in France, including illegal immigrants. The way most people get this coverage is through one or more members of the family working, with anyone else in the family covered as dependents. As in most such programs, one registers and then credits accrue in an account, and the coverage is linked to the amount of credit in the account. It is possible to use up all the rights to unemployment subsidies, after which the assurance maladie program switches the insured person to another program, called couverture médicale universelle. But once you are in the system, you stay in it unless you leave France and your file becomes dormant. So while it is possible that your carte vitale, does not have any information on it, you are still covered, that is certain.</p>



<p>To facilitate the way the system works, computer files and databases are gradually replacing paper documents. This is what the carte vitale, is all about. It looks like a French debit card, made of plastic with a computer chip. The chip contains information about your file and therefore your right to coverage. But way too many people do not realize that there is a need to update the information contained in this chip. Doctors, labs and other independent medical professionals have the simplest card reader, with a one-way connection from the professional to the central database. Drugstores have more sophisticated equipment and can update the carte vitale, chip with the most current information. But they cannot access the full file, especially if your professional situation has changed, when there is a need to completely reshape your account. The fact that your card did not work when your husband went to the drugstore probably meant that you had not used it for years at a drugstore, and so it had not been updated regularly that way. The information in it was so obsolete that it became the equivalent of a message saying «&nbsp;no coverage.&nbsp;» You just need to go to a center of the Caisse Primaire d&#8217;assurance Maladie (CPAM) near where you live and ask to have it fully updated.</p>



<p>As for why the hospital did not ask you anything and was able to handle the bill, public hospitals have always had a different connection, predating the carte vitale, so they have access to your complete file and can process the claim regardless of what the carte vitale says.</p>



<p>In the meantime, the pharmacist must have given your husband a feuille de soins the old-fashioned paper form to submit a claim and get reimbursed. You should fill it out, sign it and send it to your CPAM to get reimbursed. You can do this even before you update your card, since CPAM has your file and knows you are covered. It will take several weeks, or maybe even a couple of months, since it is now a very slow process.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>GIVING TOO MUCH INFORMATION TO THE PRÉFECTURE</em></strong></h2>



<p><em>After a couple of years studying French in Paris, I wanted to change my status to start a career as a Pilates instructor. So I contacted the préfecture and I got an appointment five months later. It was so much later than I expected that I ended up staying with only the convocation for this appointment as proof of my legal stay in France. I never managed to get a récépissé from the préfecture and I tried all the branches and locations I knew about.</em><br><em>At the end of the appointment, the préfecture refused to give me the carte de séjour and, even worse, the letter stated that I had 30 days to leave the country. I am positively furious because while I was presenting, the civil servant was very impressed by the quality of the proposal and indicated that I would have no problem obtaining this self-employed status. The reason for the total refusal is that I worked during these several months after the carte de séjour expired. Did they expect me to starve and give up before the meeting? Of course I had to work to support myself. I have never imagined such a bad faith excuse for denying my request when it was perfect according to their own evaluation. Can I appeal such a lame and awful decision?</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>There is so much to explain here. Clearly the préfecture and you are looking at two very different aspects of this request. You see it through a common sense point of view, and your action seemed the best solution, considering the situation. The prÉfecture looks at the request as a legal case: do you qualify for the status? It only takes one thing wrong, no matter how small it is in your eyes, for them to deny the request, since they hold proof that you have violated French law prior to submitting the request. Their approach is to state that because you have violated the law, and in a major way, you are not worthy to stay legally in France. It is a strict application of the law.<br>Before expanding on what happened, I need to explain exactly what grounds the préfecture used against you. According to your account, you were without legal documentation for several months. This means your legal status was upheld until the day of the appointment. The main consequence is that you lost all right to work in France but your presence in France was tolerated until the appointment. Now, apparently not knowing this, somehow you gave them the information that you worked during those months obviously because you needed to feed yourself. So you acknowledged violating the law to a representative of the préfecture who can also function like French police, and then you were surprised they used it against you? Don’t you recall what every cop show states at least once every episode?</p>



<p>You have the right to remain silent when questioned. Anything you say or do may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish. If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?</p>



<p>True, those are the Miranda rights, and the rules are somewhat different in France, so not all of that statement is applicable here. But essentially the préfecture did exactly what the second sentence states. They used something you said or gave them against you.</p>



<p>I suspect that, in an excess of zeal, to prove that you did the right things and are self-sufficient, you might have said something about whom you worked for while waiting for the appointment, or, even worse, without being asked, you showed pay slips proving that you worked during the interim. The préfecture then used that information against you.</p>



<p>In hindsight, the best thing would have been never to show anything that proves you have violated the law, unless it is covered by a statute of limitation so the préfecture cannot use it. As a general rule, always answer their questions as briefly as you can so as to give as little information as possible. If the préfecture wants more information, they can ask a second question. There is a common sense limit to this, but still. For example, when asked, «&nbsp;What have you done all these months prior to this meeting,&nbsp;» you could have said, «&nbsp;I was waiting for the meeting and preparing for it as best I could.&nbsp;» This would have been the absolute truth, without giving away that you were working. The problem is that in normal conversation people go way beyond what is asked of them. When someone asks, «&nbsp;Do you know what time it is?&nbsp;» the literal answer would be either yes or no, but everybody goes further and tells what the time is, because that is really what the question was about. With the police (or their equivalent, such as the préfecture), your answer to his type of question should pertain strictly to what was asked, and not go beyond.</p>



<p>It is easy to forget that the immigration division of the préfecture functions like a police force, but forgetting it can hurt a lot. So, to answer your question, I do not see any grounds on which you can appeal the decision. You need to find different grounds for staying in France, or travel to your home country and submit the request, properly cleaned up, to your French consulate. Then, if the file is as good as you say, you should get the immigration visa related to your project.</p>
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