Queen of light took her bow
And then she turned to go
The prince of peace embraced the gloom
And walked the night alone
Oh dance in the dark of night
Sing to the morning light
The dark lord rides in force tonight
And time will tell us all
Oh throw down your plow and hoe
Rest not to lock your homes
Side by side we wait the might
Of the darkest of them all
I hear the horses’ thunder
Down in the valley blow
I’m waiting for the angels of Avalon
Waiting for the eastern glow
The apples of the valley hold
The seas of happiness
The ground is rich from tender care
Repay do not forget no no
Oh dance in the dark of night
Sing to the morning light
The apples turn to brown and black
The tyrant’s face is red
Oh the war is common cry
Pick up you swords and fly
The sky is filled with good and bad
That mortals never know
Oh well the night is long
The beads of time pass slow
Tired eyes on the sunrise
Waiting for the eastern glow
The pain of war cannot exceed
The woe of aftermath
The drums will shake the castle wall
The ring wraiths ride in black
Ride on
Sing as you raise your bow
Shoot straighter than before
No comfort has the fire at night
That lights the face so cold
Oh dance in the dark of night
Sing to the mornin’ light
The magic runes are writ in gold
To bring the balance back
Bring it back
At last the sun is shining
The clouds of blue roll by
With flames from the dragon of darkness
The sunlight blinds his eyes

“The Battle of Evermore,” from the 1971 Led Zeppelin album popularly known as Led Zeppelin IV, is a folk duet whose lyrics allude to J.R.R. Tolkien’s fantasy novel The Lord of the Rings.

I discovered this band in junior high and immediately became a fan. These lyrics are very allegoric in the style of J.R.R. Tolkien’s writing and maybe in that way are describing today’s war in eastern Europe. All the same, considering what is at stake, I wanted a title that could be linked to that crisis. I was a fan then and still listen to their albums as often as I can, although not as background music, their music keeps me from working.

EASTERN EUROPE, NOT JUST UKRAINE 
As I write, Russian troops are in Ukraine and appear poised to move westward. Everybody seems to have an opinion about this. Many are talking about WWIII.

My December 2019 issue was titled “The Wall,” after the eleventh studio album by the English rock band Pink Floyd, released on 30 November 1979. This is what I wrote then:

I much prefer the first part of their career when Syd Barrett’s influence was significant, even when he was not there anymore. I often prefer the lesser-known, so my favorite recording is Live at Pompeii, a 1972 concert documentary.

I often thought of choosing it when the border wall policy was making the news for months on end, but that would have been too easy. A very long time ago, I used the Bee Gees song “How deep is your love?”, but adding “how tall is the wall?”, illustrating the fact that when people’s absolute despair pushes them to flee, no barriers, regulations or military border enforcement will deter them: many of them will make it to the other side.

In recent weeks a different wall has been in the news – the Berlin Wall, and with it what was then called the Iron Curtain that split Europe in two. Of course the division of Germany through the creation of Eastern Germany under Communist rule scarred Europe for almost 40 years. Very few were able to get through the Iron Curtain alive in order to escape these Communist regimes. At the same time, many managed to defect during official trips to the Western countries because they were athletes, musicians, scholars, and they asked for asylum in the countries where they found themselves. They obtained it right away with virtually no procedure.

Remembering my youth growing up in Europe and being aware of the alienation created by this physical wall were some of the reasons that I chose this title. This album is about a man suffering from mental alienation, isolating himself, suffering from paranoia. Having this idea that the wall protects him also played a role in my choice, as it resonates with the news I am getting.

THE 30th ANNIVERSARY OF THE TEARING DOWN OF THE BERLIN WALL 
From Wikipedia
The Berlin Wall was a guarded concrete barrier that physically and ideologically divided Berlin from 1961 to 1989. Construction of the Wall was commenced by the German Democratic Republic on 13 August 1961…. After several weeks of civil unrest, the East German government announced on 9 November 1989 that all GDR citizens could visit West Germany and West Berlin, ultimately resulting in the demise of the Wall.

Many have written about and commented on the 30th anniversary of the fall of this wall. Many have published articles, videos, testimonies from that time to commemorate this groundbreaking event, which certainly reshaped the Western world, and in my view most if not almost all the international political crises that exist today. This belief stems from the fact that there was a balance of power between two superpowers – the USA and the USSR, which involved their allied countries. This balance, dangerous because it was backed up by nuclear arsenals, forced those two superpowers to refrain themselves from going too far in the direction of declaring war and invading countries. From the American side the Vietnam War can be looked at from this standpoint. I believe that the invasion of Afghanistan shows the same on the side of the USSR side. At the risk of sticking my neck out too far, I might add that the more recent invasion of the Ukrainian provinces of Crimea and Donbass might not have taken place, had such a balance continued to exist in a different form. Indeed Ukraine has been asking to be part of the EU and is allied with the USA.

The vast majority of the people living in the USA, as well as many Europeans, have never experienced what it meant to face that wall. In reality most of those who had a personal experience were those who lived where these Soviet walls existed. The wall was not a tourist attraction as such until it was torn down.

It so happens that during the summer of 1975, travelling with my parents, our family experienced first-hand what it meant to face this wall. We were staying with my aunt and uncle in Helsinki in Finland, from where we made several day-trips by car. So one day we were driving East in very thick Finnish forests when we saw road signs telling us to turn around, because the road on which we were traveling led to the border with the USSR, which today would be Russia. For miles and miles, my father ignored those signs, which were in just about all the languages that one can think of, with very explicit images. He drove until we met Finnish army personnel holding their machine guns horizontally in shooting position. We could see the tall concrete wall with barbed wire all over it. We could see the Red Army military personnel on top of several watchtowers who spotted us, pointing their machine-guns at us. Very politely the Finnish soldier explained to us in perfect English that we had to turn around immediately and leave the premises. We did!

The USSR was governed by one of the bloodiest and all-around worst dictatorships that modern world history has known.

This concludes my digressions about these topics, or maybe just one topic with several facets. I had no idea that I would be receiving so many testimonies, most of them heartbreaking, but never bitter or angry. I believe that they shed a very interesting light on the two very different narratives told by each side of the argument. I fully agree that there is a need for policies, for enforcing laws, and therefore the establishment of a comprehensive immigration policy. This is true for all the Western countries faced with both an influx of asylum seekers and a large number of undocumented aliens. The truth is that this policy deals with people who are deeply scared by what they went through in their own country, as well as by what they have experienced following their arrival in the West.

Today most Western media are calling Russian President Vladimir Putin a dictator or an autocrat. I believe he wants to be some kind of modern czar, like the rulers of Russia before the 1917 revolution. This fits the Russian way of looking at the situation. It is also clear to me that he is trying to resurrect the former USSR one way or another, or at least regain some control or influence over most of the countries that were part of it.

THE FRENCH PRESIDENTIAL ELECTION
In France, presidential campaigns and voting are conducted very differently from those in the USA. American elections are almost always between two candidates – a Democrat and a Republican. Only in rare cases is there a significant third candidate.

The French election is in two rounds. This year the first one will be on April 10th. Ten or more nationally recognized candidates will have airtime on national TV. Their campaign financing will be paid in part by the government in an attempt to give everybody a fair chance. The second round will be on April 24th. The maximum amount that can be spent is 16.85 million euros for the first round and 22.51 million euros for the two or possibly three candidates allowed to compete in the second round. For months, French media have published the results of polls trying to determine who will be the candidates competing in the second round. Currently such polls indicate about five candidates who could make it to the final round: the incumbent President Emmanuel Macron; one leftist candidate; and three from extreme right or conservative parties.

Another issue that the media is now covering extensively and that the public is observing closely to involves the need for any candidate to have at least 500 elected officials as sponsors to be allowed to compete in the first round. Usually national politicians have no problem passing this test, while lesser-known ones from small political parties face a real challenge. Right now there is outrage in some corners over the fact that less than two weeks before the March 4th deadline to secure sponsorship and be declared a candidate, eight candidates have done so while two of the best-polling candidates were still short. This has never happened before. Many believe some candidates and political parties have such a stranglehold on this procedure that they will be able to prevent two of the extreme right candidates from competing. If this is true, it is undemocratic. The voters should choose whom they want to elect. Polls indicate that the excluded candidates could be in second and third place after the first round. This would also mean that five candidates who have enough sponsors would, according to the same polls, have zero chance of reaching the second round.

It will be interesting to find out in the future how this situation came to be and who, if anyone, orchestrated it.

A NEW WAY TO HANDLE A WATER DAMAGE CLAIM 
I have often addressed the somewhat unusual way water damage insurance claims are handled in France. It starts with filling out a form, the constat amiable de dégâts des eaux, describing what happened. It gives the location and origin of the leak as well as the extent of damage to both apartments. Both insurance companies are informed and open a claim file. After that, the procedure is regulated by the Convention d’Indemnisation et de Recours des Sinistres Immeuble, or IRSI agreement, which replaced an earlier convention called CIDRE on June 1st, 2018.

The tenant’s insurance covers damage of up to 1,600€ HT, so below that amount the insurance companies do not try to establish liability. They figure it is cheaper to reimburse the insured than let the procedure drag on. In the case of water damage costing between 1,600€ HT and 5,000€ HT to repair, the landlord’s insurance handles what is considered to be real estate damage, while the tenant’s policy covers damage to the furnishings and decor. Consequently, the landlord’s insurer requires an evaluation of the damage so the responsibilities can be determined to start the compensation process.

If the cost of repairing the damage exceeds 5,000€ HT, the IRSI agreement does not apply; the insurance company of the party responsible for the damage pays for everything.

The insurance companies are trying to be cost-effective, but may be going too far. Some issue compensation based on a description of the damage – for example, a wall needs to be repainted. Compensation may be based simply on the surface area needing work. Recently I encountered a new way of evaluating damage: to see the condition of the apartment, the insurance valuer took control of the occupant’s smartphone and recorded what the rooms looked like.

In the old days there would have been in-person meetings involving the tenants, the landlord, the property management firm and each insurance company’s valuer. Such meetings could drag on forever because of the conflicting interests represented. At the same time, the policy holders felt recognized and defended by their insurance company. Today, in the vast majority of water damage cases, your insurance company defends its best interests, not yours.

MY FEES WILL INCREASE ON SEPTEMBER 1st, 2022

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

OFFICE CLOSED FOR SUMMER VACATION
The office will be closed for three weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.

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

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

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

Best regards,

QUESTION

FRENCH TAXATION AND PAYING FOR FRENCH HEALTH COVERAGE

After many years of dreaming about it, we recently moved to France. One of our first actions upon arrival from the USA was to register our visas. We now await notice regarding the medical examination. We are concerned with the social security payment situation. We sold some property in the USA in 2021. It generated a huge capital gain taxable income for that year. My concern is that France will charge us for the public health coverage based on our 2021 taxes, even though we were not living here at that time. I have been trying to research this, but the only information I have discovered is that, if France does indeed charge us based on our singular 2021 income, we will pay about 20,000€ each, which would be very disappointing.

QUESTION

THE CURRENT TIMEFRAME OF THE REGULARIZATION PROCEDURE

I had a legal stay in France for several years, and I lost it a couple of years ago. Thanks to my now PACSed French partner, I was able to submit the initial request for a private-life carte de séjour a few days ago. The automated reply included this statement: “le délai moyen d’instruction d’un dossier complet est actuellement de 6 mois. Il est inutile de déposer plusieurs demandes.” I was planning to get back to the USA this summer. I have already bought tickets, so I hope things go a bit faster than they say or that I can find a workaround!!!! Waiting six months as an average means sometime in July. I will be gone by then. What do I risk?

QUESTION

WORKING FOR A NON-FRENCH COMPANY AS A FRENCH

I am an American and am currently exploring freelancing opportunities in France. I am already in discussion with a company in Germany that has agreed to use my freelancing services. But I have a couple of questions: 1. I have been living in France for the past five years, so I have an address and a bank account. I won’t have any problem proving that I have sufficient funds. But I am not sure what type of visa I should apply for. What documents do I need?
2. Can I start freelancing with a vie privée visa? Is there any cap on my earnings with this visa?

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 2022 has to be better than 2021, which, in some ways, was just as bad as 2020 for a great number of us.

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.

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

Tea for the Tillerman was the fourth studio album by singer-songwriter Cat Stevens (Yusuf), released in November 1970. “Sad Lisa” was the fourth song on side 1.

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.

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.

REINSTATING JOSEPHINE BAKER’S AMERICAN CITIZENSHIP 
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.

Wikipedia
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.

Wikipedia
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.

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.

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.

Wikipedia
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 Siren of the Tropics, directed by Mario Nalpas and Henri Étiévant.

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 Un vent de folie 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. …

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.”

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.

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.

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.

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’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.

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

ETHNIC NEIGHBORHOODS IN CITIES AND INTEGRATION
A reader recently wrote to me:
“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 Carte de Séjour Temporaire) 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.”

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.

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.

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.

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.

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.

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.

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.

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.

BANKING IN FRANCE 
Another reader has this to say:
“I was interested to read that article in the Q&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.

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

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.

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.

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.”

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.

AMERICAN NOTARIZATION IN FRANCE 
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.

A French notaire 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.

Here is the website of one of the many online notary services: www.notarize.com.

THE LATEST ON FRENCH HEALTH REGULATIONS: FROM PASS SANITAIRE TO PASS VACCINAL 
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 apass vaccinal 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.

CREATION OF SÉCURITÉ SOCIALE, THE FRENCH SOCIAL SAFETY NET 
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.

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:Assurance maladie is the health coverage, Assurance vieillesse is retirement and the Caisse d’Allocations Familiales provides subsidies for families and the poor.

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.

To learn more:
www.franceculture.fr/histoire/a-lorigine-de-la-securite-sociale .

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

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

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

Best regards,

QUESTION

PICKING UP THE CARTE DE SEJOUR AT THE PARIS PREFECTURE

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.”

QUESTION

WHAT IS THE OFII MEDICAL VISIT?

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.)
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.

BACK TO SCHOOL – BACK TO WORK
In France, la rentrée, which generally coincides with the beginning of the school year, is not just for students; France also goes back to work. I hope that you all had a nice summer. I am writing this issue as France is going through one of several heatwaves. Some of them have broken heat records. My office naturally stays cooler than the outside temperature even at the worst time of the day.

France used to be completely asleep during the entire month of August. This was called the “Sleeping Beauty syndrome.” Although long-term residents of France notice each year that it is increasingly “business as usual” on August 1, a nonchalant ambience still reigns in Paris in August.

I remember as a small child watching my dad close up his shop, just as we closed up the house for vacation. Even though there were not many employees in his carpentry shop, for me the closing symbolized what was happening to businesses everywhere in the country. In the decades after 1936, the year the law requiring paid vacation was passed, the tradition of closing everything the first day of August was the norm, and France, except in tourist areas, “went to sleep.” My current office has the same kind of roller shutter as many shops, and I often think of those days when I walked around my dad’s woodworking shop. As I often state, I rely more on my ability to craft than coming up with a genius idea on the spur of the moment.

Today, the French are legally entitled to five weeks of paid vacation, which is enough to go away at least twice a year, and long enough that you feel disconnected from the office.

I TURNED 60
Yes, I turned 60 on a road trip that took my wife and me to a remote countryside village in Tuscany, Italy. We stopped several places where the norm was 1,000-year-old buildings and cities. To top this off, our final stop was Alesia, which is about a two-hour drive from Paris.

This is what Wikipedia says about it:
“The Battle of Alesia or Siege of Alesia was a military engagement in the Gallic Wars that took place in September, 52 BC, around the Gallicoppidum (fortified settlement) of Alesia, a major center of the Mandubii tribe. It was fought by the army of Julius Caesar against a confederation of Gallic tribes united under the leadership of Vercingetorix of the Arveni (the territory is today the départements of Puy-de-Dôme and Cantal.)

“It was the last major engagement between the Gauls and Romans, and is considered one of Caesar’s greatest military achievements and a classic example of siege warfare. The battle of Alesia marked the end of Gallic independence in France and Belgium.”

As a history lover and Christian, it moves me to know I am walking around looking at ruins that date roughly from the time of Christ. My wife learned how to pronounce Vercingetorix as we looked at his statue overlooking the nearby village.

I rarely reminisce, spending most of my time dealing with today’s affairs and planning my future when I can. But when I turned 40 and then 50, these were landmark times for me, life-changing moments. My 60th birthday was no different. For several months I have reflected on the fact that I cannot continue with my current workload, even though I still feel fit and see few physical reasons to slow down. Toying with these thoughts made me wonder: How old does one need to be before one feels the need to slow down?

That is where the title of this issue comes from. The last verse hits home for me:
“No, you’re never too old to rock ‘n’ roll
If you’re too young to die
No, you’re never too old to rock ‘n’ roll
But he was too young to die.”

I see myself continuing my work and my ministries for ten years or more, God willing.

MUSIC OF MY YOUTH 
I find the album Too Old to Rock ‘n’ Roll: Too Young to Die! the most underrated by Jethro Tull, which is itself a very underrated band. In 2001 I joined the English Toastmasters chapter in Paris. Our first speech was to introduce ourselves. I did not follow the usual format but wrote various sections based on the Impressionist painting technique, i.e. splashes of color mingling together which at the end make a piece of art. I titled each section with the name of an album by this band:
Living in the Past
Stand up
Burst Out
Songs from the Woods
Too Old to Rock ‘n’ Roll: Too Young to Die!
Minstrels in the Gallery
Aqualung

Like many people, I discovered this band listening to Aqualung when I was 16.

From Wikipedia:
“Too Old to Rock ‘n’ Roll: Too Young to Die! is the ninth studio album released by the British band Jethro Tull, recorded in December 1975 and released in 1976. … [It] is the last Jethro Tull concept album, and follows the story of Ray Lomas, an aging rocker who finds fame with the changes in musical trends.”

I love Lomas’ ability to distance himself and project himself decades into the future when his career is over and he is getting ready to be put out to pasture. At the same time, the orchestration and lyrics blend really well, as is so often the case with this band. The albumsThick as a Brick and Living in the Past are also exceptional in that regard. Writing this issue made me realize that I own most of the concept albums of that time; nearly all the major bands of the time made at least one.

I remind my readers that Paul McCartney was born on June 18, 1942, Mike Jagger on July 26, 1943, Roger Daltrey on March 1, 1944, and Elton John on March 25, 1947. Who would have guessed that they would still be playing, enjoying worldwide fame at the age of being grandfathers! There must be a special place for Keith Richards, born on December 18, 1943; the very fact that he is still alive is a mystery to many.

A TREASURE HUNT IS GOING ON IN PARIS!
I heard this comment recently on French national TV, and even though it is 100% false, the gigantic repairs and renovations occurring right now do give the impression that every single block in the city is undergoing massive construction.

There are three very different reasons why this is happening.

First, there is normal maintenance, which does not require much explanation. Then there is a policy that was introduced after the previous mayor, Bertrand Delanoë, was elected on March 18, 2001 – that of discouraging cars and trucks from driving within the city limits. The current mayor, Anne Hidalgo, elected on April 5, 2014, has followed the same policy. It has been said that she is even stricter regarding this goal. So all over the city, areas open to cars are shrinking, with streets losing one or even two lanes, while new bus and bicycle lanes are being created and old ones are being enlarged. Sidewalks are being widened and new-model newsstands are being installed. Of course, this work means narrowing and sometimes closing many streets, totally disrupting traffic.

Third, the gas and electricity companies sometimes need to do maintenance and dig holes, but this is marginal compared to what the Compagnie Parisienne de Chauffage Urbain (CPCU) is doing.

From Wikipedia:
CPCU “is a semi-public company, a subsidiary of the Engie group (66% owned by Engie and 33% by the City of Paris), responsible for district heating, mainly by means of a water vapor network, in Paris and in several surrounding communes (Aubervilliers, Boulogne-Billancourt, Charenton-le-Pont, Choisy-le-Roi, Clichy, Gennevilliers, Gentilly, L’Île-Saint-Denis, Issy-les-Moulineaux, Ivry-sur-Seine, Le Kremlin-Bicêtre, Levallois-Perret, Saint-Denis, Saint-Ouen and Vitry-sur-Seine).”

District heating, also known as city heating, transports and distributes steam to a network nearly 480 km long, which heats many buildings in these municipalities. The infrastructure had not been adequately maintained for a long time, and in recent years more and more buildings terminated their contracts and chose a different way to get hot water. To deal with the competition from the electric and gas companies, the CPCU decided to undertake massive renovation and offer a more competitive service. Where this is the case, there is always a small poster stating that the CPCU is managing the construction site.

Despite the goofy “treasure hunt” statement and drivers’ exasperation, several important issues are being addressed here. Since the CPCU is partly owned by the city of Paris, it has been said that the intent is to create the maximum chaos possible on all fronts. In truth, Parisian officials believe fossil fuel use should be a thing of the past and they want to invest in public transport, including electric cars and buses, and develop other non-polluting forms of transport. The vast majority of the inhabitants and governments in most developed countries are of the same opinion, and they are implementing policies intended to phase out the use of fossil fuel.

In the USA, very few cities are more than 400 years old. In Europe, a significant share of the population lives in buildings as old as, say, Williamsburg, Virginia. Many European cities were built before cars and electricity were invented. When it came time to modernize them, the common-sense reflex was to make the oldest neighborhoods, most of them 500 years old and older, into pedestrian zones. Streets in these areas were often too narrow for even one car. At the other end of the spectrum, Paris worked for decades, from the 1960s to the 1990s, to make car traffic more fluid, to the detriment of pedestrians. On the other hand, northern European cities protected their ancient downtowns from very early on. Some cities charge stiff fees to drive inside the city center, which deters many. France, especially Paris, has never had the political will to impose such a system or to set apart large sections of the city for pedestrians. Arrondissements 1 to 4, which were the city limits before Baron Haussmann started reshaping the city in the mid-19th century, could have been pedestrianized, considering how old they are.

To illustrate my point, Henry IV (1553–1610) drained a swamp just outside the city limits of the time, which was called the marais in French. Now the famous neighborhood still known as the Marais has some of the city’s oldest privately-owned buildings, and people still live in them.

The Pont Neuf, which means “the new bridge,” is the oldest bridge in the city. Henry IV wanted it built so that Paris would grow on the other side of the river towards the Louvre.

To conclude this comparison, the city of Williamsburg was founded as the capital of the Virginia Colony in 1699, nearly a century after the Pont Neuf was finished.

Regarding the way current Parisian leaders are handling the construction, should we criticize them for the inconvenience and apparent lack of coherence, or should we support them for their goal and look beyond the honking and moaning? The prize in the infamous treasure hunt could be better air to breathe and a quieter, more peaceful city, without making it a museum for tourists like Colonial Williamsburg.

For more information, see www.paris.fr/chantiers.

THE LINK BETWEEN THE FRENCH INCOME DECLARATION, THE TAXE D’HABITATION AND RENTAL INCOME TAXATION
France’s income tax declaration requires information about your primary residence: you must state whether you are the owner, a tenant or a guest. There is also a section to be filled out if you moved during the previous or current year. The fact that half the front page is dedicated to the address shows how important this matter is to the tax office. Among other things, it enables tax officials to levy an appropriate taxe d’habitation (lodging tax) as well as the TV license fee, the redevance audiovisuelle, in the autumn. A consequence often forgotten by renters is that filing an income declaration in France triggers the imposition of the taxe d’habitation and also the taxation of the rental income the landlord receives.

There are so many dubious unwritten leases, subleases, cash rental arrangements and so on in Paris, and probably other major French cities, that many renters get into serious trouble with their landlord over having declared their income. This aspect of things is always overlooked unless a professional identifies the problem. It should not prevent people from doing the right thing, but it helps them get ready for the attack, which often occurs after the landlord receives a notice to pay taxes on undeclared rental income, along with the associated fines and other penalties. One way of knowing where you stand is whether you paid the taxe d’habitation before you declared income for the first time. If you did, then there is no danger. If you did not, and you have lived in your current place for a couple of years or more, this is a sign that your landlord is paying this tax and hopes the tax office will ignore the fact that he has a tenant there.

MY COLUMN AND MY READERSHIP
My business listing of subscribers exceeded 3,000 members this summer. This is an achievement, even though many would consider this number tiny compared to most blogs targeting the expatriate community in France. Stephen Heiner is my adviser on those topics, and also a good friend. He looked at some of the data related to my column. The average ratio of openings is 86% over the last five months and continues to grow after one month. He says that these two situations set my readership apart, and he cites several reasons:

• I have never used a list of which I was not a member.
• I have had a personal exchange with every single person who is on my subscriber list.
• The list has never been used for any promotions and has never been sold to anyone, and no one but my webmaster and I have even had access to it.
• As I have been in business for over 20 years now (since 1997), many of the readers have been my clients.

The most common referral I now get is someone who knows one of my readers and either was told I would be able to help or received an issue of my column dealing exactly with the problem they are having. Since I seldom give courses and conferences anymore, I rely on my readership, which I have long assumed was made up of past and current clients. Now I know that this impression was right, judging by the information my publishing software gave me.

As of August 30th, the entire list has 3,435 email addresses, and the business one has 3,058.

For those interested in specific numbers:

• July 2019 – sent = 2.990 – received = 2.977 opened = 2.196 unsubscribed = 4 – 74%
• June 2019 – sent = 2.946 – received = 2.941 opened = 2.466 unsubscribed = 4 – 84%
• May 2019 – sent = 2.918 – received = 2.910 opened = 2.546 unsubscribed = 8 – 88%
• April 2019 – sent = 2.886 – received = 2.880 opened = 2.704 unsubscribed = 11 – 94%
• March 2019 – sent = 2.844 – received = 2.838 opened = 2.474 unsubscribed = 4 – 87%.

I am honored, and I thank every single reader from the bottom of my heart. I look at the numbers and I feel humbled by this faithfulness. Thank you again.

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

Best regards,

QUESTION

WIRING MONEY FROM THE USA TO FRANCE

I arrived a few months ago in France and settled in the countryside near Cahors. I had no problem opening a bank account by showing my American passport and my OFII identification. I heard that there is legislation called TRACFIN that regulates international wiring of money. Would the issue come up if I were going to transfer money from my American to my French bank? Does this come up if I leave that money in my US account and transfer small amounts over time? I need to bring money to France, as I am not allowed to work here.

QUESTION

FRENCH TAXATION OF FRENCH AND AMERICAN INCOME

I have been working in France and have paid my French taxes dutifully. I also paid taxes in the US on American income. For immigration reasons, I must show my French income tax statement, showing my global worldwide income for the last three years. Since they became aware of all of my revenue, I now owe them an additional 2,618€ for the 2016 and 2017 tax years. I was shocked and very upset, as I didn’t budget to pay this sum and when I declared my US revenue, I didn’t think this action would affect my tax situation in France. Does this seem right to you? Is there anything that I can do to not have to pay this huge sum for these years?

QUESTION

THE OTHER WAY TO GET A CARTE DE SEJOUR IN THE COUNTRYSIDE

I read with interest your May 19 Q&A column, in particular, your comments regarding becoming a “tax resident” of France after 183 days. Being Australian, we resided in Dept 86, the Vienne, from 2008 until 2013, having visiteur cartes de séjour.As you described, we had to provide evidence of home-ownership which was not a problem as we had purchased a fermette in 2000. Other documentation demonstrating financial security, health insurance, etc. was also required. Our visiteur status meant we had to appear at the Prefecture de la Vienne each year for renewal of our cartes de séjour. Mind you, by the time they arrived in La Poste, it was time to commence the whole proceeding again! Thank you for your column, which I find very interesting even though I do not live in France at present. And BTW, a very happy 60th!

“Money” is an iconic Pink Floyd song, written by Roger Waters, from the 1973 album The Dark Side of the Moon.

Like most of my generation, I owned the LP and listened to it endlessly. I am definitely a fan of their early albums, which include this one, although for me, Ummagumma synthesizes best what I like about their music, the atmosphere they created.

This is the last section of the lyrics:

Money, it’s a crime
Share it fairly but don’t take a slice of my pie
Money, so they say
Is the root of all evil today
But if you ask for a raise it’s no surprise that they’re
Giving none away, away, away.

Given the topics of some interesting debates right now, I thought this theme was a pertinent one to introduce this issue. Many discussions are being initiated by newly elected Democratic Representatives in the USA, putting forward policies that much of the American media sees as extremist or radical. Yet even for conservative leaders in Western European countries, similar policies are considered as givens and therefore non-political.

This is an example of how different the USA and continental Western Europe are in their government and administrative structure. I hope it will not bore my readers if I once again elaborate on the definitions of socialism and social democracy. I cannot remember how many times I tried to explain it during our 2008 summer vacation in the USA, when the words “socialist” and “communist” were applied to Barack Obama during his presidential campaign. I am pleased to see a growing number of elected officials now explaining these concepts again and outlining what they intend to do if their policies are adopted. As a Frenchman, I take no stand on whether these policies would be good or bad for the USA and the American people.

AN ICON IN PARIS HAS PASSED AWAY – PATRICIA LAPLANTE-COLLINS
When I learned in early February that Patricia Laplante-Collins had died, and read so many remembrances from people who knew her well, I checked my records. She became my client in 1999, when she was still called Patricia Collins, and I helped her with the usual administrative issues foreigners can have in France. My last assignment for her was in 2004, when she was already quite successful with her new enterprise – Paris Soirées, a series of social and networking events that she held in her home or, later, in restaurants.

She invited me a few times as a speaker. The last time was in April 2005. By then she was focusing more on art and culture, Parisian stories and history, often from the viewpoint of African-Americans in Paris. Thus my usual topics, such as immigration, were a lot more boring than those provided by other guests.

I have known steady couples who met at Paris Soirées gatherings. Over the years, I followed Patricia’s several moves from afar, watching as her business grew and she became an icon for the American community. Even though not everybody attended her gatherings, everybody seemed to know about them. With her disappeared a cultural event that will be dearly missed by many. Rest in peace, Patricia.

THE OPPOSITION BETWEEN CAPITALISM AND SOCIALISM
The so-called new Democrats or young Democrats, or even Social Democrats, depending on what media one follows, are proud to announce themselves as socialist and be known as such. Only about ten years ago, that word would have disqualified any American politician: it was considered offensive and un-American. But Bernie Sanders, an avowed socialist, ran in the last presidential campaign with a good deal of success. That showed vividly that something had fundamentally changed in American politics. This was confirmed in last November’s midterm election, when people were elected to the House of Representatives claiming to be associated in one way or another with socialism.

The word is widely being used inaccurately. Many Americans today talk about Venezuela as an illustration of socialism, when it is the Scandinavian countries that have best embodied social democratic ideals.

There are four main schools of socialism, which differ considerably.

The first was founded by 19th-century French Utopian philosophers; among the best known are Mr. François Marie Charles Fourier and Mr. Pierre-Joseph Proudhon.

The second we owe to Karl Marx, who took the work of the French philosophers and developed a historical prediction regarding the political future of the world. By doing so he established a new definition of socialism and elaborated in a new way on the historical concept of communism – a theory or system of social organization in which ownership and control of the means of production and distribution, capital, land, etc., are vested in the community as a whole.

The third version, which was in fact a perversion of the first two, was popularized by Hitler under the name National Socialism, better known by its German contraction, Nazism.

The fourth school of socialism was founded by the German Marxist reformer and social democratic politician Mr. Eduard Bernstein in the early 20th century. This is social democracy as best known today; in Wikipedia’s definition, “a political, social and economic ideology that supports economic and social interventions to promote social justice within the framework of a liberal democratic polity and a capitalist economy.” The first government to fully embrace it, in the form of what became known as the Nordic model, was that of Sweden in 1932.

The USSR was founded on Marx’s theory, with private ownership banned and everybody working for the well-being of everybody. The country ended up being a terrible dictatorship that challenged the USA, conquering space before the Americans and wielding military and nuclear power, dominance in sports, and worldwide political influence. Its successor, the Russian Federation, has never achieved this kind of leadership.

Most Northern European countries have lived for decades with social democrat leadership. At the Nordic model’s peak, the Scandinavian countries offered security from cradle to grave when it came to money and housing. Education, health care, highways are free, housing is largely subsidized and unemployment benefits are part of life and enough to live on.

Many multinationals arose after WWII in Germany, which also adopted a form of social democracy, so clearly such a regime is not the enemy of capitalism.

The fundamental question being asked now in the USA involves a choice between two very different political visions.

One arises from the iconic image of the self-made American, alone, successful, with little to no interference from the state, which is limited to guaranteeing security with the army and police and to building and maintaining public infrastructure. More recently, the state’s role has been extended to financially taking care of the elderly and poor with Medicare, Medicaid and Social Security. All three are socialist by nature and were fought as such when created. Nevertheless, at this point the USA already has some socialist programs.

The other vision stems from the time of the New Deal and WWII, when the federal government got heavily involved in people’s lives, creating jobs and raising income tax to the highest level the USA has ever known. For a historical perspective on this critical issue, consider this: the top marginal tax rate was 58% in 1922, 25%in 1925 and 24% in 1929. In 1932, during the Great Depression, the rate was increased to 63% and thereafter steadily increased, reaching 94% in 1944 on income over $200,000, equivalent to $2,868,625 in 2018 dollars.

Today the American political debate is or should be about the legacies of two American presidents, Ronald Reagan and Franklin Delano Roosevelt. (I realize this debate is affected by other issues, notably certain criminal investigations.)

Here are two examples illustrating the differences between the two visions:

1 – Health care
A large portion of the French worker’s earnings finance health care programs, but an even larger portion of the American worker’s earnings finance a similar package of benefits from the private sector. The key difference is that in France, the employee and employer combine to pay social charges and taxes, while in the USA, the employee and employer pay a combination of premiums (health and retirement plans) and taxes for the basic social protection part of the costs. It is generally accepted that public health care programs, also called single payer systems, are more efficient and cheaper, and often result in more immediate treatment, especially in hospital emergency rooms.

Covering everybody, as President Obama intended to do, would make the cost of health care cheaper in the long run because the fear of medical bills would no longer discourage people from getting regular checkups. In the long run, what originally seemed to be the high cost solution would actually end up costing the least. Since 1986, most banking and insurance companies, as well as the health care industry (health insurance, pharmaceutical firms and private hospitals), have generally chosen to act from greed alone and have not served the interests of the American nation. Should the USA ever adopt a single payer program, this would not make it a social-democratic country; it would merely mean it has added one more social program to the existing ones.

2 – The 2009 GM bailout
To take just one small aspect of the Obama bailout package during the Great Recession, did the “Cash for Clunkers” program have the desired effect of getting people to buy new cars and thus help keep car makers solvent? It happened that good business news came out after the program was implemented, and this resulted in rebuilding trust in the future and in the strength of the American economy. This good news gave hope to the public that a brighter future was near. Hope and the good news that nourishes it are important variables when measuring the success of an economic policy. If getting out of the financial crisis costs taxpayer money by subsidizing so-called “poorly manufactured American cars” and deferring the consequences of the free market system of supply and demand, then this is a small price to pay compared with having the crisis last for many months or years, destroying more lives and businesses.

This and other examples illustrate that socially motivated policies aiming for the greater good of the entire population have been implemented again and again in the USA and therefore are totally compatible with what the USA stands for.

I do not believe the USA can ever come even close to the extent to which social democracy existed in Sweden. But it is possible, and even probable, that more federal and state social programs can be added to the existing ones. Today more and more American politicians are advocating free education, single payer health coverage, decent unemployment benefits, maternity leave and so on. This would be no more than following the legacy of FDR. Yes, doing so requires raising taxes. This is probably the one critical political issue that must be addressed head on. The federal government also needs a lot more methods of preventing corporate money from influencing policy. I would like to remind my readers that in March 2016, more than 40 American millionaires proposed that New York raise taxes on the wealthy, under what they called a “1% plan for fairness.” I will address this issue further next month in a discussion of the latest Davos forum. For those interested right now, here is a link.

http://www.theguardian.com/business/2019/feb/01/rutger-bregman-world-economic-forum-davos-speech-tax-billionaires-capitalism/

BREXIT IS HERE AND FRANCE HAS RULED 
Faced with the likelihood of chaos the day after the Brexit deadline, March 29th, France seems to have put together a solution in case there is no deal. British citizens who can prove they established their residence in France prior to Brexit will have a year to go to the prefecture and ask for immigration status based on the nature of their stay in France.

This is good news for the many I know who are still undecided and waiting to see what kind of Brexit is voted on. Most analysts now think the most probable scenario is “no deal,” which means the UK and EU do not sign an agreement addressing all the pending issues linked to Brexit. Such an agreement has yet to be endorsed by the Parliament, and due to the time constraints involved in reaching such a deal, the chances of this happening are now very slim.

British people living in France should not be worried about their ability to obtain a carte de séjour. Even though they will be subject to the regulations for non-EU citizens, there are so many grounds on which to issue one that it is almost certain they will fit one of those cases.

Nevertheless, I urge British citizens living in France to secure an appointment with the prefecture BEFORE Brexit. The difference is huge. Before Brexit the applicant gets an EU card, which offers all the rights to work and is issued on the basis of fiscal/legal residence in France. I repeat: After Brexit, based on the information I have, the request will be linked to proof that the applicant falls under at least one of the grounds for issuing a non-EU carte de séjour. That is not the same thing by any means.

SOCIAL MEDIA AND BEING A PROFESSIONAL 
As time goes by, I can see how old fashioned I am. This is how I see modern communication:

Emails are professional; I write them like I would write an old-fashioned letter, maybe a tad less formal. A text message is either to state that I am on my way to an appointment, or it is a private, non-professional communication. Facebook is volunteer activity; I end up getting clients this way, and to my mind, it is the same as clients coming to me by reading my column, which is free either by email or on my website. Facebook Messenger is the same, although when the questions are too professional for my taste, I ask to receive an email so I can address the issue properly. WhatsApp is great for sending pictures when I deal with the condition of an apartment or a building; I discovered that it can be a great alternative to Skype to have this kind of meeting. But aside from that it is more a personal and private way of communicating.

I do not mind appearing as old-fashioned – I have the excuse of turning 60 pretty soon. The key reason for my choice is that I prefer working with a format and size of screen that lets me feel I am drafting a professional document that has some structure. Being French, and having gone through my entire education in France, I need to write in an orderly fashion.

So please be tolerant of my inability to juggle social media outlets. Going through my website or sending an email directly is the best way to reach me, and lately just about the only way, as I have less and less opportunity to pick up the phone since I am usually in a meeting or outside the office.

MY DAUGHTER LUCILLE HAS LEFT FOR SOUTH KOREA
My daughter Lucille has left for South Korea. I have been very open about the impressive project Lucille has been working on for years now, to live in South Korea. She has gone without any sponsor or on-the-ground support. She has studied the country for years, and her Korean is sufficient for her to be autonomous. This is a huge endeavor for a 27-year-old: she will be living there for a year. My son went by himself to Ghana for almost two months, and my wife and I travelled extensively during our 20s. As we say in French, a new page in Lucille’s life has been turned.

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

Best regards,

QUESTION

FILING TAXES IN FRANCE WITH THE WRONG ID NUMBER

I recently registered as self-employed through the URSSAF website. I am trying to contact Sécurité Sociale to find out how I can send them my dossier to get my carte vitale and be able to log on to my URSAFF account and pay my cotisations, but I’ve been run around to different phone numbers for three hours. One answer I got was that I’ll receive a bill, so I don’t need to declare. I really want to get this information squared away because I think I should be declaring my income and I want to make sure I’m doing everything right. I’m really frustrated and can’t get anyone to give me a straight answer about getting organized!

QUESTION

ILLEGALLY RENOVATING A HOUSE IN FRANCE

We are an American couple trying to buy a large property in the South of France. Just before signing the first contract (compromise de vente) with the real-estate agent, we learned that almost the entire main house burned and was rebuilt about five years ago, in 2013. The seller confirms that the structural work was done with contractors but without the insurance policy called dommage d’ouvrage and without any supervision of an architect. The seller also confirms the “smaller work” was done by family members throughout 2014, including:

• installing the heating system,
• upgrading the electricity network,
• creating two bathrooms upstairs,
• installing the wooden floor everywhere on the ground floor.

Finally, the seller refuses amendments stating that the seller retains the full responsibility for the complete rebuilding.

The property is perfect for running a B&B, and it would not take much upgrade to have a wonderful place to live and run such a business. Are we taking any risk going through with this purchase?

First of all, I would like to wish all of you a very happy and prosperous 2019!
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.

Joseph Allen “Country Joe” McDonald composed “The “Fish” Cheer/I-Feel-Like-I’m-Fixin’-to-Die Rag” in 1965, with its very familiar chorus (“One, two, three, what are we fighting for?”), which Country Joe and the Fish sang at Woodstock.

Sitting in Paris, following very closely what is going on in France and the USA, the question on my mind and on both sides on the ocean is: “Who is fighting for what?”

In the USA, there is fighting for and against “the wall”. In France, we have seen rioting on the most prestigious avenue in the country. There has been violence on both sides, with the police having the hardest time keeping control of the streets of Paris and most other major French cities almost every Saturday. Who are these people so faithfully demonstrating, and who is littering once the demonstration is over?

I have always liked the saying, “Pick your fight!” While it should never end in a fistfight, it defines a strategy that carries a lot of common sense.

Time will tell what will come of these situations. The USA will recover from the longest government shutdown in history, but it will be interesting to see who wins and who loses once life goes back to something more normal.

As for France, how can it get out of this situation of defiant grassroots opposition? Note that unions and political parties in France can organize public demonstrations in the streets very easily. This is even a topic for which the expat community makes fun of France. But in this case, none of the unions or parties have been able to organize a plan of action that enables them to become part of the normal scheme of things. In 1968, the CGT union, which was then controlled by the Communist Party, was able to take over the famous May demonstrations, and ended up obtaining a breakthrough in labor law, the Grenelle accords.

All the French leaders who matter give the impression of being numb in the current situation.

Later in this column I mention the Boston Tea Party. I started the column mentioning Woodstock and a song associated with the hippie movement and opposition to the Vietnam War.

As the song by Bob Dylan puts it, “The Times They Are a-Changin’ ” – this is obvious to everybody.

In the midst of all this, I would like to wish everybody Happy Valentine’s Day in an effort to lighten the atmosphere.

THE STRAW THAT BROKE THE CAMEL’S BACK – LES GILETS JAUNES
Journalists and commentators always like to analyze in detail the “little thing” that ignites a revolution, a rebellion, unrest and so on. It is often a minor thing, with little significance and meaning unless one retraces years and sometimes decades of whatever policy creates the conditions for major unrest.

The Boston Tea Party occurred on December 16th, 1773, at Griffin’s Wharf in Boston, Massachusetts. It was spurred by the Tea Act of the previous May, which allowed the British East India Company to collect taxes in the American colonies.

The colonists argued that the British constitution did not allow “taxation without representation” – and the truth can be stated like this: “Yes, we live in a colony, but we matter – and we want a say in the rules that are governing us.”

The Boston Tea Party would never have taken place, and would not have led to the independence of the USA, if the underlying demand for representation in the British parliament had not been so strongly shared by the people living in the colonies that were soon to become the 13 original states.

The parallel I see is that the price of gasoline in France is mostly made up of taxes. The average price is €1.55 a liter, or about $6.75 a gallon. The USA would never accept such expensive gas – there would be riots everywhere. In France, however, one might think that increasing the tax yet again should not have led to the riots we have seen occurring in the streets of Paris. But underneath, there was some serious and long-lasting discontent on the part of the general population.

The famous French motto “liberté, égalité, fraternité” (liberty, equality, fraternity) is visible on all French public buildings. It has its origins in the 1789 French Revolution, and was institutionalized in the late 19th century. Through the centuries the French people’s perception of it and what it stands for has changed somewhat, yet it emphases the idea that there is unity and solidarity within the French nation. I would translate fraternité today as “brotherhood”. Since 1983, French conservative and liberal governments alike have implemented pretty much identical economic policies. Equality and brotherhood have been overlooked for decades, leading to increasing erosion of the foundations of the French nation.

There is a fundamental difference between the USA and France regarding this issue. In the USA, no one has any problem with some people becoming very wealthy and being conspicuous about it. The fundamental reason is that most people believe they, too, can become rich, as this is the American Dream: It is the land of opportunity, where the sky is everybody’s limit. This is of course more a belief than a reality, but it remains a foundation of the USA as a nation.

The French overthrew their king a few times to settle definitively for a republic because, among other reasons, they had this desire for equality and fairness, and trusted the government to protect them from the excessive desires of the wealthy and powerful. This is one reason the French government apparatus is so huge, and at one time or another has included many businesses, such as banks, car manufacturers, the postal service, the railroads, and so on.

President Macron was elected on the promise that his policies would be very different from those of his predecessors. One of his themes during the campaign was that he would put equality and brotherhood back into French politics while also having a conservative economic policy. Without listing all the reforms France has gone through during his presidency, it is clear that equality and brotherhood have never been part of his government’s policy. It is even more conservative than before, with what a lot of people have described as disdain for the working class and the poor. In other words, his “reforms” could have been those of any previous government. Indeed, he should have thought twice before getting rid of the wealth tax while French employees suffered a severe loss of rights. It was a tax increase on gas and diesel fuel that ignited the gilets jaunes revolt.

This is why I see a parallel with the Boston Tea Party, and I believe that it has a lot of merit. I have no idea where it will take the French nation. I very strongly doubt that President Macron will be ousted by a revolution. Short of that, I have no idea what the outcome will be. Clearly this is a political crisis that must be addressed very seriously, not by just delaying the tax increase – which, obviously, is not the problem in itself. It is just the straw that broke the camel’s back.

THE FRENCH BANKING INDUSTRY
A recent post on Stephen Heiner’s blog and a conversation we had gave me the idea of writing about the French banking industry. One reason it is becoming a topic of discussion among many foreigners living in France is that opening and using a bank account is pretty much a must if one is to retain French immigration status. Also, since cash transactions are increasingly rare, it has become virtually impossible to live in France without a French bank account.

One oddity of the French banking industry is that the savings and loans side accounts for about half of the global market, if not more. Many people do not know this, and foreigners have no reason to find out unless they do some research on their own. There are six major independent French financial institutions: Société Générale and BNP-Paribas, which are banks owned by shareholders, and Crédit Agricole, Crédit Mutuel, Caisse d’Epargne and Banque Populaire, which are savings and loans owned by their clients. All others either do private banking for the rich, are French branches of foreign banks, or are subsidiaries of one of those six institutions; there are a very few exceptions, including La Banque Postale, Crédit Foncier and a few others.

For better or worse, the industry as a whole has harmonized a lot of practices, the most obvious being wiring/withdrawal capacity and the use of debit cards.

The major difference I see between the French and American banking systems is that in France, the client hardly ever needs to meet with a bank employee; everything is done via machines (mainly ATMs to deposit and withdraw money) or online. One actually goes to the bank only in specific cases, such as asking for a loan, investing in stocks and mutual funds, and opening an account. A lot of criticism I hear about French banking is the absence of personal contact with the banker assigned to the client. But that assumes French banking is the same as in the USA or elsewhere, when it is not. To adapt easily to French banking, you should first find out all the services the machines offer, often in a room located outside the branch office itself, and usually open long hours, e.g. 7AM to 10PM. Then create an account online and learn about all the services offered on the website or app, knowing that one needs a French cell phone to use some of them, such as authorizing a credit card payment on a website or adding an account to wire money to.

Yes, as with so much else in France, a foreigner must learn how the French banking industry works, because it is so different.

The second part of this topic is finding a way to open a bank account in France. The reason it is so difficult at first is a compounding effect of a French regulation and an American one. The latter is called FATCA, which I have already discussed several times. For an American citizen, opening an account in France means the bank has to report to the IRS. There is serious liability if it does not do so, but reporting entails onerous paperwork for the bank. Thus, regardless of the balance you plan on leaving in your French bank account, your citizenship is a put-off for French banks. Nothing personal here – you can blame the IRS!

The French regulation is called TRACFIN, which I have also explained several times – the name refers both to the legislation fighting money laundering and the team of investigative inspectors enforcing it. The legislation makes every bank branch manager personally and criminally responsible for any money laundering and/or other criminal activities related to moving money in and out of bank accounts for which they are responsible. Any new client appears at first to be a potential liability until the bank is sure where the money comes from, how it was acquired and so on. Once the bank is reassured about this, the account is opened. This is why the file to open a French bank account often seems worse than the one for the prefecture, which is the benchmark for many.

FRENCH WELFARE AND PART-TIME WORK
All countries that have some kind of welfare system need to address a well-known problem. When a person goes off welfare and gets a job, it can happen that the amount of money they earn is less than they were receiving on welfare. This makes any “all or nothing” system counterproductive, so there is a need for some kind of transition to smooth the path back to working.

In France, most subsidies paid by the Caisse d’allocations familiales (CAF) are linked to the amount of income declared. When the Revenu de Solidarité Actif (RSA, originally called RMI for Revenu Minimal d’Insertion) was created, the problem was identified but poorly addressed. One person I help is paid twice a year because the number of hours they work is so small, and so they receive RSA at the same time. Since CAF demands to receive a quarterly declaration, such people often end up with close to zero income for half the year because a salary of about €1300 exceeds the limit. The system does not understand that this is not a monthly income but a semiannual one.

The problem has not been solved yet by CAF, but this person will be paid quarterly and should be able to maintain all the benefits of the RSA combined with their very small salary.

On the other hand, the prime d’activité created in 2016 replaced the failing system for people holding steadier jobs with very low salaries. The calculation is complex but the end result is easy to understand. It minimizes the consequence of earning income just above the limit in the calculation of the other subsidies and thus creates a real incentive to work more. Since it applies not just to employees but also to the self-employed, it helps people with erratic income, and it applies to everybody living in France, including carte de séjour holders under certain conditions. It shows that, in reality, continuing a tad longer to subsidize an individual is a better way to get them off welfare when they are ready. What puts people on a welfare program is often a complex story with several things happening more or less at the same time.

THE MARITAL REGIME FOR INTERNATIONAL COUPLES MARRYING AFTER JANUARY 29th 2019
Without going into too much detail, this issue concerns which rule of ownership is applied to an international couple, a matter that had been regulated by the Hague Marriage Convention of March 14th 1978. The couple could choose between the regime linked to their citizenship, the location of the wedding, and the country where they spent their first significant amount of married life.

A new European Union regulation states that such couples can now only choose between the countries of which they are citizens and that where they started their married life. The latter is chosen by default, and this rule covers the entire net worth of the couple, including assets – especially real estate – in other countries. That part is one of the major changes in the new regulation.

To put this in context: in 2015, 27% of the weddings celebrated in France were what was called mixed, because they involved spouses of different nationalities.

www.lemonde.fr/argent/article/2018/12/03/regimes-matrimoniaux-du-nouveau-pour-les-mariages-internationaux_5391775_1657007.html

SPLITTING PREROGATIVES IN THE FRENCH ADMINISTRATION
People who have been in France since before 2011 may remember the complicated French tax office reform when the billing-collection part was merged with the office calculating the amount of taxes owed. The root of the historic division between the two went back to Napoleon’s time and stems from a complete distrust of people: Ensuring that the person calculating how much must be paid is totally disconnected from the person collecting the amount due was a way to avoid attempted bribery of either party. Even today, when the two divisions of the tax office are located in the same building, they are physically as far apart as possible and there is next to no contact between them. Being physically closer has not destroyed the barriers created by the centuries!

This way of functioning is less and less common but has not completely disappeared. My readers have followed what feels like the endless saga of PUMA coverage, in which CPAM had delivered health coverage, and therefore reimbursements, all along while URSSAF stopped collecting premiums for two years and since December 2017 has sent invoices to people who are not covered by the system. Aside from the obvious screw-up by the French administration, this provides a very good illustration of the division of administrative processes.

Another that is not as well known is for the independents, the necessity of registering with net.entreprise.fr to declare and pay social charges (the Social Security side of what is owed) and the chosen health coverage organization that deals with medical costs. One change the internet has brought is that a single part of the administration can now calculate and collect the money owed, since everything is done through the website, making it difficult to have any personal contact with the civil servant in charge of the operation. While double registration is old hat to French people, being self-employed in France brings daily surprises to foreigners who have just started running their business. This is just a gentle reminder: Yes, it is now a legal obligation to register with net.entreprise.fr if your yearly turnover exceeds €3,973, which pretty much means everybody.

IN FRANCE THE BEST INTEREST OF THE CHILD PREVAILS – SORT OF!
On July 11th 1975, the French law governing modern divorce was passed. To the man who drafted it, the jurist Jean Carbonnier, the foundation of French family law was “the best interest of the child”. Obviously, however, the legal understanding of this phrase can depend on what the reality is with the parents, siblings and so on. Also, I believe that an excess of the emphasis on transparency regarding a child can be completely against his or her best interests.

A groundbreaking ruling of the Nîmes court of appeal, issued on June 27th 2017, shows the limits of strict interpretation. In the case, a Napoleonic interpretation would have been that it was impossible to overrule the legal assumption that the husband is the father. In the days before DNA testing, it was difficult to dispute this assumption.

To sum up the situation, a married woman had a clandestine affair, got pregnant and gave birth. The lover suspected that he was the father and managed to arrange a DNA test. It proved, within a statistical margin of error, that he was the father. So he went to city hall and officially declared himself as such.

The married couple argued that the legal assumption was that a child born to a married couple has these two people as parents. The biological father stated that it was in the child’s interest to know who the real father was, that the DNA test left no doubt that he was the father, and that therefore the court must overrule the legal presumption that the child was born of the married couple.

This is the key quote from the court ruling:

« [S]’il est évident qu’il sera peut-être difficile pour l’enfant de devoir considérer que M. Z est son père et non pas M. Y, il appartiendra aux époux Y, et singulièrement à la mère, qui est, malgré tout, à l’origine de la situation, d’aider Anna à l’appréhender ».

In short, the best interest of the child is to know who the biological father is, and the court expects the mother to manage this difficult situation. The court adds that it is normal for this responsibility to fall on her, as she is responsible for the situation.

This ruling, after over ten years of court procedure, leaves me at a complete loss when it comes to an opinion of what is the best interest of the child. The married couple has appealed the decision to the highest French court, the Cour de Cassation, whose ruling will be very interesting. According to the legal opinions I have read, many think that this degree of transparency, considered to be in the child’s best interest, has gone too far.

How does this relate to French divorce law? In France, guardianship is decided in the best interest of the child. Many foreign mothers do not get full custody of their children. Indeed, the French court system fears that giving foreign women custody of their French children would result in their living elsewhere; in the French legal view, the best interest of the child is to stay in France.

This does not mean that, for example, an American mother divorcing her French husband cannot get full custody and the right to move back to the USA, taking her child or children with her. But the case she makes must address the right issue: the best interest of the child as the court understands it.

http://sosconso.blog.lemonde.fr/2018/11/27/le-pere-biologique-peut-il-reconnaitre-lenfant-dune-femme-mariee/

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

Best regards,

QUESTION

LOCAL TAXES IN FRANCE

I am living long term in a four-bedroom house in Cergy. All the other roommates come and go, so I am the only person living there long term.
The owner says that if I claim this address on my tax form, it will cost him an extra €2000 in taxe d’habitation, so I must use a different address.
Is this true? What do you recommend to avoid this extra cost? I have never had a landlord do this before.

QUESTION

THE IMMIGRATION STATUS NEEDED TO MARRY A FRENCH CITIZEN IN FRANCE

I am an American, currently resident in Ireland, and am looking to join my French partner in France in 2019. We are not yet married, but are looking at our options for us to live together in France and also allow me to work in France as soon as possible. Ideally, I will get a job with a French company in the coming months that will take care of my work permit; however, if this does not happen, we see two options and would greatly appreciate your help in better understanding the questions we have and deciding how to proceed:
Option 1: I go to France on a Short Stay Visa, Legal Marriage in France within 90 Days. Can I change from the Short Stay Visa to a Spouse Visa while in France? If not, would I need to go to the French Embassy in the US or Ireland and apply for a Spouse Visa? Can I work in France on a Spouse Visa? If yes, what is the time frame for being able to start working? Are there requirements for the Spouse Visa, such as French language and/or culture exam?

Option 2: I get a Long Stay Visa, I find a job in France. Can I convert the Long Stay Visa to a Work Permit immediately? If not, what is the time frame required from a visa/legal standpoint? Does it require waiting until the Long Stay Visa expires? If not, do I need to go back to US/Ireland (pending timeframe) to go to the French Embassy to apply for a Work Visa?

Please let me know if these are questions you can assist with, if there any additional information needed, and how we can proceed from here. Any help is much appreciated!

“Proud Mary” is from Creedence Clearwater Revival’s second studio album, Bayou Country, released in January 1969.

This title is more linked to the introduction than the rest of the issue. Indeed, this is the first time I have also named a section with a song title. I like this band very much. I chose this way to write about those topics as I am trying to stay away from controversy.

Some people will get the impression that I mainly listen to Seventies rock – this is true! Some might see Christian references throughout this introduction, which is fine with me.

My heart goes out to all victims of disasters around the world.

Who’ll Stop the Rain?
This 1970 song by Creedence Clearwater Revival has been on my mind these past two months, given the mood I am in and how the world seems. It would be unfair to say there was no summertime in Paris this year, yet it seems as though it rained every day, at least for the last thirty days. Since that is not an accurate description of the weather in Paris this past August and September, we can conclude that human impressions retain the negative more than the positive.

And how can I be so selfish as to complain about Paris weather when horrific disasters have hit parts of the planet, killing many people and devastating several countries? Even the mighty state of Texas seems to be on its knees. In my mind I see an image of a huge Texas bull, kneeling and looking beat.

Reading data, numbers or projections does not have the same effect as seeing people in real situations. It hits home when a family member or a close friend is a direct victim of a tornado, hurricane or other climatic catastrophe.

On August 15th my family attended a baptism deep in the Brittany countryside. It was not celebrated in a church but took place at a site dedicated to worshiping the Virgin Mary, a lovely grotto near the sea. This shrine was covered with plaques erected by sailors before their sea voyages, asking for the protection of the Virgin Mary. Even though it was their job, these sailors knew the potentially massive destruction the ocean could cause, so they knew that there was always a chance they would not come back.

I am not that interested in the religious aspect of this. These men were humble in the face of nature and knew they could not stand up to its fury. As scientists predict that nature will increasingly produce more destructive and more frequent climatic disasters, maybe we should be humble ourselves when we think of the condition of the planet. The common expression “Mother Nature,” represents nurture and illustrates that we get the food, air and water we need from nature.

Unfortunately, lately I have had the feeling (I hope incorrect) that the nurturing Mother Nature now holds a whip and is punishing humankind the old-fashioned way for what humans have done to nature.

“Long as I remember, the rain been coming down
Clouds of myst’ry pouring confusion on the ground
Good men through the ages, tryin’ to find the sun
And I wonder, still I wonder, who’ll stop the rain.”

A PACS IS LIKE MARRIAGE EXCEPT IN IMMIGRATION AND ESTATE LAW
In France, a PACS is like marriage – that is the understanding everybody now has. But there are two areas where it is not true. I have often addressed the rather complicated procedure to obtain immigration status related to a PACS and living with one’s partner, even if the partner is a French national. When such a couple marries, the foreign spouse of a French national gets immigration status once the wedding has been celebrated and they can prove they live together, sometimes in as little as three months.

A recent ruling from the Court of Appeals in Nancy states very clearly that when one member of a PACS dies, the surviving partner has no right to the estate, regardless of their community property, even if legal documents show a strong intention for the surviving partner to enjoy some benefits, even ownership.

In this case, the surviving party’s argument to the court was that their PACS certificate, in which they declared that all their property was jointly held and in case of death would go to the surviving partner, was the equivalent of a tontine clause. This provision, when found in a title of ownership, does just one thing in a radical and definitive way at time of death: it requires ownership of the deceased’s property to go exclusively to the other partner(s) in the tontine, who is or are mentioned in the title and cannot be changed. No one outside the tontine has any possible claim of ownership on the portion owned by the deceased. Things cannot be clearer.

The argument was there were a few documents indicating such a desire – but not the legal document called a will, drafted and registered with the state, making the surviving partner the heir of the deceased.

French inheritance law makes it utterly impossible to disinherit one’s children, whether blood or adopted. The law sets a ratio of ownership of the complete estate that must go to the children, no matter what the deceased wishes or tries to provide. This is a lot more about debt and liability than ownership.

In the case under discussion, the deceased partner had other heirs who were entitled to half the market value of the house, prior to enforcing the tontine clause. The surviving partner could not afford to buy them out, and was forced to sell the home. This is heartbreaking and adds insult to injury, being pressured to sell up and move out just after the death of your loved one.

The saddest part of the story is that registering a will costs about 45€, and the notaire fee to draft can be about 100€. This entire disaster could have been avoided, with some foresight, at a very low cost relative to what was being lost.

The advice here is crystal clear: each partner in a PACS should make a will, preferably at the time the PACS is registered. The argument that there are no assets owned or debts owed, and therefore no need for a will, is really bad, as this court case clearly shows.

http://sosconso.blog.lemonde.fr/2017/07/21/pacs-il-faut-deux-testaments-pour-se-leguer-ses-biens/

IT IS NO LONGER POSSIBLE TO BUY TAX STAMPS AT THE PARIS PREFECTURE HEADQUARTERS
As long as I can remember, there was always a cashier at the Paris prefecture headquarters, making the tax charged for obtaining or renewing immigration status easy to pay. In recent months I had observed that the line to buy timbres fiscaux (tax stamps) was getting longer and longer, with people sometimes waiting more than an hour.

In early September, the cashier office was closed, with a sign on the window stating it was for good(FERMETURE DEFINITIVE). Now the civil servants at the prefecture hand out a flyer at the end of the meeting, explaining how to buy tax stamps on the prefecture website. The system does work, even though it is not intuitive and of course both the flyer and the website are entirely in French.

I know from experience that many people who speak good French, even professors with a PhD in French, cannot understand the website. So I am sure there are many, many people who are upset about this development. Going online is not for everybody, but the alternative is going to either a tax office or a tobacconist. For obvious reasons, even though it is completely irrational, most people do not want to go to the tax office to buy these stamps. The other option is getting them at a tabac. Many, however, do not sell stamps of the large denominations needed – the amounts owed are between 200€ and 600€. Recently in an emergency I had to buy tax stamps worth 269€, the current cost of a normal carte de séjour. I went to the nearest tabac, which had enough stamps – but the highest face value was 20€, which meant getting 13 of them plus change. The form they were glued on was literally covered, as was half the space where the person signs, leaving hardly any room for the signature.

This may just be anecdotal, but I know for a fact that most of the time dealing with the prefecture is truly unpleasant, and it is quite possible that someone other than me would have been asked to come back with a “reasonable” number of stamps. If that had happened, who knows when the person would be able to pick up the carte de séjour.Furthermore, tax stamps are not refundable, so it could mean paying a high price twice over.

This is just to show that what appears to be a change of little consequence ends up creating nightmares for many.

Here is the first page of the website section dedicated to immigration procedures:

http:// www.prefecturedepolice.interieur.gouv.fr/Demarches/Particulier/Ressortissants-etrangers/Titre-de-sejour

And this is the page to start payment for tax stamps:
https://aef.dgef.interieur.gouv.fr/timbresdematerialises/prefecturedepolicedeparis

MIRACLES CAN HAPPEN AT THE PREFECTURE
Here is a story from a reader showing that good situations at the prefecture, while rare, do exist; throughout my career I have seen them more often than the general public thinks. Everybody feels unwelcome entering the immigration office of any prefecture or sous-prefecture alike, but keep this uplifting story in mind:

“I realized a bit late that I wasn’t coming back to France until after my student visa would be expired. This wouldn’t have been a problem but I also couldn’t get an appointment at the prefecture before I left France.

“After asking around it seemed my best course of action was to have my whole dossier (passport, visa, OFII stamp, EDF receipt for housing, letter from the school saying I was continuing next year with dates and certificate of study, 2 passport pictures, birth certificate and a French translation) together and just show up at 8:30 on any day and hope for the best.

“I had honestly prepared for the worst. One of my friends had mentioned that the attendants had literally laughed at her when she tried to come before her appointment. I was met with partial English but complete understanding. They tried to see if I could make an appointment before I left but there were none so they ended up just giving me a number for that morning.

“I was in and out in about 2.5 hours. Which in French bureaucratic time is about 5 seconds. They didn’t give me a physical receipt or anything from my transaction but told me that I would get a text (to my French phone) when the visa was ready to be picked up.

“I left my French SIM card with a friend and she was kind enough to go inquire about it for me when it was ready in May (process was surprisingly quick, they quoted me two months). Unfortunately she wasn’t able to pick it up even though I sent her with all of my relevant documents and a signed letter from me giving her authority to pick it up.

“I came back into the country via Germany on a tourist visa. Despite my best efforts to save my appointment text, … when I got my SIM back I only had texts from August and not May, when I had my original appointment. …

“Luckily they were able to pull up my appointment through my name and expired visa. Literally 5 minutes later my number was called and they gave me my visa. That easy. Shocking, to say the least.

“Definitely wouldn’t recommend doing this, but if you’re in a bind, it is possible! Or at least the stars aligned for me.”

I would reiterate that no one should count on this ever happening to them. This was a completely exceptional situation.

Best regards,

QUESTION

PROTECTION OF DOMICILE UNDER FRENCH LAW

I greatly appreciate your mailings, including personal reminiscences and opinions. On the other hand, I do not agree with your severe criticism (implicit, but undeniable) of the decision against that poor idiot in the HLM who was clearly acting in good faith, although against the law. You say that “basing decisions on fairness is beside the point.” What? Fairness (and compassion) should always have a place in the judicial system! It is not reassuring to hear such a statement from a lawyer. It is partly because of this that you learned in law school that each case is different. Maybe you misunderstood, but it gives an impression of a lawyer we would certainly not hire if we had a problem as an owner who rents with Airbnb from time to time. Otherwise, keep up the good work!

QUESTION

HOW TO MAKE THE PERFECT FILE FOR THE FRENCH ADMINISTRATION

I am an American and I would like to apply for a long-stay visitor visa for France, for one year, since I plan to live with my girlfriend, who is French. Is it going to be a disadvantage for my application that I will be using her address for the application? I have heard that applicants with a romantic partner in France are less likely to be accepted. Should I mention my girlfriend at all? I would greatly appreciate any advice or opinion you have on this matter.

Can you explain any

QUESTION

GETTING THE APPOINTMENT AFTER LANDING IN PARIS

Can you tell me what is happening at the prefecture in the 17th (rue Truffaut) and can you give advice since I need to go there to apply for my first carte de séjour? When to arrive, wait times, etc.? I’m a Canadian married to an EU citizen (non-French) and I have done nothing so far.

No Protection (1987) is the second album by Starship, the band that came after Jefferson Starship and Jefferson Airplane, all three of which were led by the singer Grace Slick. Many of the issues I address this month deal with maintaining, providing or diminishing protection for people. One twist, especially in France, is that once the law favors one party, the other is exposed to greater risk. France has insisted for centuries that the law must be fair, which means providing for “unequal treatment”. The logic here is that the underdog must be protected and helped. The recently proposed labor law (loi travail) submitted by Labor Minister Ms. Myriam El Khomri would take away a lot of what is seen as protection for employees; as a result, a lot of demonstrations and strikes have been happening all over France. Nearly everybody agrees that the old way of addressing the situations where there is built-in inequality must be changed, but there is a lot of disagreement as to how it should be changed..

Even French divorce law, which seemed to be widely accepted, is now being criticized in the media, mainly for reasons I will explain below. Interestingly, and in a purely French way, changes that occurred decades ago in other Western countries could now definitively take place in France. This is being done by a liberal government led by Mr. François Hollande, a member of the Socialist Party. If one can see past the current demonstrations, violence and name calling, this is a very interesting time for France.

By the way, the weeks of “Nuit Debout” sit-in demonstrations at the Place de la République also show a desire to change, but in quite the opposite way.

Whether to maintain protection or reduce it, as well as whom to protect, is a very hot topic right now.

BREAKTHROUGH REGARDING DIVORCE IN FRANCE
Divorce has been possible without proving fault since the passage on July 11th 1975 of a law mostly drafted by the legal scholar Jean Carbonnier, which made the judge the cornerstone of the proceedings so as to ensure the fairness of the divorce.

There are four types of divorce proceedings, whose interpretations have changed over the years but which have pretty much kept the same name and logic.

• 1. Le consentement mutuel is a mutually agreed upon divorce, in which the couple is in agreement on all issues needed to divorce.
• 2. La demande acceptée, now called le divorce pour acceptation du principe de la rupture du mariage, means the couple agrees on at least one thing, the fondamental decision to divorce.
• 3. La rupture de la vie commune, now called le divorce pour altération définitive du lien conjugal,indicates that the couple no longer live together and have not for a number of years (formerly seven, now two years).
• 4. Le divorce pour faute used to entail any breach of the legal obligations within a marriage but now the grounds are limited to violence and various forms of coercion resulting in one spouse being truly scared of the other.

In all of these proceedings, the judge is seen as the person making sure each spouse fairly shares both rights and responsibilities. In consentement mutuel (mutual agreement) proceedings, the judge’s role is to make sure that the agreement is fair and that neither spouse has been threatened to obtain the desired result.

On May 4th, however, the Chambre des Députés, the French equivalent of the House of Representatives, approved a provision in a judicial reform bill that would give notaires the responsibility of reviewing and recording mutually agreed divorces, instead of having the judge hear and rule on the case. This means the deputies believe the chances of coercion of a spouse are no longer of much concern. On this topic, I could write a lot about recent immigrants to France who are not yet integrated into French culture, so I disagree with the assumption that the risk is negligible and believe it should still be taken into consideration.

From what I understand of the vote, notaires, acting as neutral professionals, will determine if the split of assets and debts is fair, as well as the sharing of responsibilities regarding alimony, child support, visitation rights and so on. If they see any discrepancies, however, they cannot rule, since their involvement is purely to register divorces. We will see how often such proceedings work with only a notaire, and how often a judge will have to get involved and rule on certain issues. Also, a minor child can ask to be heard by a judge in mutual-agreement proceedings.

The couple can always go to a judge if they realize they were not in as complete agreement as needed and they cannot reconcile their views.

The reasons given by the government for the change are to make divorce cheaper (50€ is the recommended cost of the registration) and to clear crowded family court dockets of this type of proceeding. In much of France, mutual-agreement divorces constitute a majority of divorce decisions; they account for over 60% of Parisian divorces, for example. Clearly it would benefit the court system to be able to restrict its business to family cases that really need a judge’s attention.

The lower cost may be illusory, as notaire proceedings will require each spouse to have a lawyer; before, a couple who managed to agree on everything could get a divorce with just one lawyer.

One small detail that could complicate matters, even though it looks like the people will be saving a lot of money, is that notaires have their own jargon and way of thinking, which lawyers readily understand but which can be very puzzling for French laypeople, and even more so for foreigners. In family courts especially, the judges are often women. Generally the judge met with both spouses, together and then individually, making sure they agreed with the contents of the document drafted by the lawyer. These three meetings are mainly intended to make sure the wife is not being coerced into the divorce and is not renouncing her rights. Today it is possible that men could be coerced through blackmail into an unfair agreement. In most people’s experience, judges use plain language and couples rarely complain of trouble understanding what the judge says. The way notaires work in France is evolving towards more client service, including being better understood. But it remains to be seen if they will do as well as judges with this task. It is far from certain, since thus far in the legislative process, the three meetings have not been mentioned.

I just hope the use of the new proceedings will be for the best and notaires will be strong enough to refuse to register an agreement where the wife or husband gives up their rights to everything and states that they are fully OK with it. I also hope they will be wise enough to understand that some people may need clarification concerning the process, the consequences and the implications for both parties.

http://abonnes.lemonde.fr/police-justice/article/2016/05/05/le-divorce-par-consentement-mutuel-sans-juge-vote-par-les-deputes-en-commission_4914097_1653578.htmlhttp://www.lefigaro.fr/actualite-france/2015/07/11/01016-20150711ARTFIG00128-en-quarante-ans-le-divorce-par-consentement-mutuel-n-a-pas-conquis-toute-la-france.php

MOST WIVES IN FRANCE NOW HAVE A HIGHER EDUCATION THAN THEIR SPOUSES
Until the 1960s, men in France tended to marry women of low education; it was assumed in those days that higher education and being a good wife at home were not compatible. This belief was common among men born before WWII.

France continues to be a patriarchal society, therefore it is still harder for women to get a job than men; in addition, they continue to be paid less, by 19% on average. Studying longer is seen as a way to offset these two obstacles, and consequently today in a majority of couples in France, the woman has a university diploma. Meanwhile, uneducated men have the hardest time getting married or finding a long-term partner.

As this trend of women having university degrees continues, it will be more and more common for the wife to make more money than the husband. It does not need to be prevalent to modify the balance in society. I find this evolution very interesting.

http://www.lemonde.fr/campus/article/2016/04/14/les-femmes-sont-desormais-plus-diplomees-que-leur-conjoint_4902195_4401467.html#8TDtr9d51J4ftSRj.99

THE PNR DATABASE AND POSSIBLE CONSEQUENCES FOR TRAVEL IN THE EU AND THE SCHENGEN AREA
For over a decade the USA has kept a database of everybody traveling into and out of the country, with particular attention to foreigners entering the country legally without a visa. The US police have the ability to learn right away if a foreigner has stayed in the USA more than the 90 days authorized by the visa waiver program.

In Europe, there is no such database, though many governments have asked for it. For several reasons, the European Parliament was slow in approving its creation. In addition, some governments did not feel comfortable sharing information between their intelligence services so that terrorists could be tracked down.

Therefore, the recent creation of the Passenger Name Record (PNR) was approved only by a very small margin, 32 to 27. Right now everybody says they want the data to track terrorists and people involved in other serious crimes, and I believe that is true. I do not see any hidden agenda here.

On the other hand, once the database is created, it can be used for many other things. One that would be easy to set up is identifying and fining people who overstay the 90 days allowed by the visa waiver program. Several countries in the Schengen area already severely fine foreigners identified as having overstayed. Today these people are only caught when they get to a border and their passports are checked. Once the PNR is fully functioning, if all European police forces have full access to it, each member country can add software that matches people overstaying their visas with people traveling. The police could know in advance who is traveling in this situation, and handle them right off the plane if need be.

I have no idea if the French police would ever be interested in apprehending North Americans who have overstayed their visas. Right now nothing indicates that they are. But it would not take much for other Schengen area police forces to catch people. The absence of border controls does not mean there are no controls; on the contrary, there are many. My experience is that until recently they were mostly done near the Spanish and Italian borders, where a lot of undocumented aliens enter France, and at the Belgian border where drug smugglers come from the Netherlands. It is perfectly legal for Germany, Switzerland, Spain and the Netherlands to fine people who overstay at the Schengen level; as long as it does not involve a border control, it would be in full compliance with the Schengen agreement— for example, picking up a person getting off a plane.

People who are in this situation should not panic. The PNR has just been voted in and for many reasons it will be a long time before it is fully operational. Still, we now know it will exist and it will be used. The rest is speculation. My personal opinion comes from what is going today and what could happen when countries have full access to the information. Now may be the time to reconsider this lifestyle.

UBER IN FRANCE AND URSSAF’S REQUALIFICATION ATTEMPT
The French administration has won in court regarding one aspect of Uber’s activities. But now the administration has found a more definitive way to get rid of Uber in France.

The key to Uber’s system is that its drivers are self-employed and run their business the way they want. In several US states, this arrangement is being challenged on the grounds that the drivers should be considered employees. Now URSSAF is doing the same thing in France. The key difference is that in France the financial consequences are much worse. Social charges are calculated differently between the self-employed status and the employee status.

Two things are happening and are independent one from the other. The first most important one is that the employer is said to owe the employee’s and employer’s social charges calculated on the money the driver has received. This means that the entire amount of the social charges is owed by the employer. The second consequence is that the drivers are reimbursed the amount of social charges they have paid as self-employed.

This amounts to a huge amount of money, to which URSSAF adds fines and penalties with interests for late payment going back as much as three years. If URSSAF wins its case, Uber might have to file for bankruptcy to handle such a debt. One nasty twist is that even if Uber takes the matter to court and obtains a favorable decision, it still owes the money the entire time. This means URSSAF can use all the collection methods at its disposal, including freezing bank accounts, blocking money that Uber’s creditors owe, and so on, so it can dry up Uber’s cash fast.

The legal ground for this action is that, under French law, if an individual is a subordinate of a company, he is an employee no matter what his legal status is. URSSAF is trying to prove that this lien de subordination exists between Uber and its drivers.

I do not wish to comment on the quality of the service Uber offers, or on the fact that many black and Arab drivers, those who have the hardest time getting decent jobs, have found working with Uber to be a good opportunity. As far as the big picture goes, whether this attack on Uber is a good or a bad thing for France is a very complex question. One thing I am sure is that there will be intense lobbying by employers to stop or reduce this attack, as it is clear that French business owners are part of the trend to make their workers self-employed as much as possible.

It has reached the point where people speak in French about the uberisation de la société, which describes the disappearance of social protection for French employees, as well as for tenants and so on. That gives an idea how important this action is for France, as it will set the trend for the rest of French society.

An article in Le Monde also illustrates very well the evolution towards less protection for the employees.

http://www.lemonde.fr/economie-francaise/article/2016/05/17/l-urssaf-poursuit-uber-pour-requalifier-ses-chauffeurs-en-salaries_4920825_1656968.html#Z8ThiT8Otb0xpmj4.99

INCREASE OF MY FEES ON OCTOBER 1st 2016
It has been about six years since my fees last increased. On October 1st, I will raise my initial retainer from 250€ to 270€ and the hourly rate from 100€ to 110€.

MY OFFICE WILL NOT CLOSE DURING THE SUMMER VACATION
Since my office situation has not been resolved and I do not anticipate being able to move before August or early September, I am not planning any vacation time and do not expect to go away for any length of time this summer. Depending on the outcome of my office search and how quickly it proceeds, this could change some € but not much, considering the fact that any changes would be last minute. By the way, I have formed a new corporation, called “A Survival Kit For Paris.”

Best regards,

QUESTION

THE CONSEQUENCES OF AN UNWELCOME PROMOTION

After many years in France, I hold a carte de résident and I have been working for my employer for years. It is a job, and only a job … I do not want to say more. About two months ago I got a promotion and my new boss is plain awful. One could speak of harassment and degrading methods. I have worked on some projects with him and he is very abusive. Without waiting for me to sign the addendum to my contract, they gave me a new office, a new boss and more work to do with a meager increase in pay. I am reminded daily that if I do not sign the contract, I will not keep my raise. Considering the situation, I truly miss my former position; at least I could work in relative peace and get things done.
Do you think it is possible to get my job back? I never accepted the change and I have no intention of signing at this point. So what do I risk?

QUESTION

WHAT IS TAXABLE INCOME IN FRANCE?

Having lived here for many years, I have to fill out US tax forms as well as French. One thing about the French system I’ve never really understood is their “logic” about income: Brut, Net, Abbatu [sic], Imposable € each one is different. But why not just say you made this much and this is what you owe in taxes?