June 2024
WIKIPEDIA
“I’m Still Standing” is a song written by English musician Elton John and songwriter Bernie Taupin, from John’s 1983 studio album Too Low for Zero. It was the second single released from the album in the UK, and the first single released in the United States.
Lyrics
You could never know what it’s like
Your blood like winter freezes just like ice
And there’s a cold lonely light that shines from you
You’ll wind up like the wreck you hide behind that mask you use
And did you think this fool could never win?
Well, look at me, I’m a-coming back again
I got a taste of love in a simple way
And if you need to know while I’m still standing you just fade away
Don’t you know I’m still standing better than I ever did?
Looking like a true survivor, feeling like a little kid
And I’m still standing after all this time
Picking up the pieces of my life without you on my mind
I’m still standing. Yeah, yeah, yeah
I’m still standing. Yeah, yeah, yeah
Once I never could’ve hoped to win
You’re starting down the road leaving me again
The threats you made were meant to cut me down
And if our love was just a circus you’d be a clown by now
You know I’m still standing better than I ever did
Looking like a true survivor, feeling like a little kid
I’m still standing after all this time
Picking up the pieces of my life without you on my mind
I’m still standing. Yeah, yeah, yeah
I’m still standing. Yeah, yeah, yeah
Don’t you know that I’m still standing better than I ever did?
Looking like a true survivor, feeling like a little kid
And I’m still standing after all this time
Picking up the pieces of my life without you on my mind
I’m still standing. Yeah, yeah, yeah
I’m still standing. Yeah, yeah, yeah
I’m still standing. Yeah, yeah, yeah
I’m still standing. Yeah, yeah, yeah
I’m still standing. Yeah, yeah, yeah
I’m still standing. Yeah, yeah, yeah
I am not a real fan of this artist. At the same time, his music is popular and because of that, I know several of his songs. I have been moved by a few.
The idea that one is still standing after a crisis, a romantic rupture, or other setback is a common image conveying the message that life goes on: I am strong enough to continue my life. A foreigner who has lived in France for a few years might say this after going through the most difficult years of adaptation to a new life in France.
Recent events made me think of this song differently. In the USA, politicians caught red-handed doing something that is frowned upon would once have faced a media campaign that would have ended or at least considerably reduced their political careers. At one time it seemed every presidential campaign had at least one candidate stepping down, often because of a sex scandal. Here is the example that came to my mind:
WIKIPEDIA
Gary Warren Hart (born November 28, 1936) is an American politician, diplomat, and lawyer. He was the front-runner for the 1988 Democratic presidential nomination until he dropped out amid revelations of extramarital affairs. He represented Colorado in the United States Senate from 1975 to 1987.
I thought of him because I was living in the USA at the time and experienced what happened firsthand.
In recent weeks, however, we have seen people standing behind a podium, often for press conferences, facing adverse media coverage but continuing their political activities as if the coverage did not exist. What I find interesting is that, unlike in the old days, I now see two distinct media worlds, each conveying the political message of one side of the aisle in Congress and therefore in the country. I believe these politicians’ capacity to stand tall regardless of what is being said about them by the other side is only possible because their side of the media gives them support and reassurance.
But the song also means something quite different to me, and it is this meaning I prefer. I am talking about discussions I often have with my clients, my readers, and throughout the community, when I hear comments like this:
“It was hell then. I was doing one wrong thing after another as I thought I was adapting to France. Slowly I learned from my mistakes and managed to achieve a decent and enjoyable life in France.”
That is the kind of message I prefer to associate with “I’m Still Standing.” Being an immigrant always means being more resilient than one had thought possible. It also means multiplying the errors and catastrophes and finding a way to manage them.
Some people do extensive research and learn a lot about all aspects of France and the immigration procedure before moving to France. Others buy their plane ticket on the spur of the moment, and make a snap decision to settle in France. The first type limits their expensive mistakes and goes through the transition more quickly and smoothly. But there are always challenges, traps, and errors that cannot be foreseen.
In short, anyone who manages to settle well in France in less than five years can consider themself a hero, the winner of the challenge. This is not said often enough, and it should be acknowledged as a success one can be proud of: “I’m Still Standing.”
A NEW CAP ON BANK TRANSFERS WITHOUT DOCUMENTATION
For a long time, the limit on wire transfers was 10,000€. Below that amount, bankers considered such transfers to be pretty much normal business. Above that limit, the client had to prove where the funds came from and the legitimacy of the transaction. Now the regulatory threshold for bank transfers is set at 8,000€.
The documentation to submit can be related to an inheritance, Social Security and company pensions, sales of real estate in the home country, and so on. If the customer does not provide satisfactory proof, the bank blocks the transaction. It will also inform Tracfin, the French intelligence agency charged with combating tax fraud, money laundering, and terrorism financing.
For many people holding a carte de séjour visiteur the new limit is unworkable. Furthermore, such transfers often come from a checking account and represent money earned by working or having worked. It can be difficult to provide satisfactory documentation in such cases.
I always give this advice: early on, ask to meet your branch manager and explain how much money you need to sustain your standard of living in France. For some, 8,000€ is what you need monthly. Once you have reassured your banker, you can wire the money without worrying about the limit, since you cleared it beforehand. You might occasionally be asked to update the documentation given to the bank. Reminder: the French tax authorities require you to declare foreign bank accounts, life insurance policies, portfolios, and other financial products when you fill out the French income tax declaration. That alone should help reassure your banker, as the money you receive in your French bank account comes from one of those accounts, one would hope!
THE LATEST ON FRENCH LOANS FOR REAL ESTATE PURCHASES
I rarely comment about bills discussed in the French parliament, as a lot can happen and often no law is passed in the end. In this case, though, there is a proposal whose concept is interesting and which truly would benefit clients and prevent banks from gouging fees and costs.
“La portabilité des prêts” (loan carryover) is a concept similar to what has long existed for mobile phone numbers. In the old days, when you changed phone service providers, you got a new number, always a true hassle. Then a law was passed making it possible to change providers but keep the same phone number.
In other words, portabilité conveys the notion that nothing is closed out; instead, the service or situation is continued. With the bill still under discussion, the current situation is that when someone buys a piece of property while holding a mortgage on a different property, the bank closes the first loan to open a new one to finance the new purchase.
The concept of portability of home loans would allow borrowers to transfer an existing loan from one property to another without having to take out a new loan under what may be changed market conditions.
The député sponsoring the bill, Damien Adam, aims to make this practice systematic and compulsory, enabling homeowners to benefit from more advantageous credit terms obtained in the past.
I am sure the French banking industry will try everything it can to torpedo this bill, as it would result in banks losing a lot of money. Let’s hope for the best for consumers.
RECOGNIZING A CHILD’S PARENTAGE IN THE EUROPEAN UNION
In former days, questions about children’s parentage rarely arose. The obligation to be married to have legitimate children made it clear to society who the parents were. The reality might be quite different, but the rigid norms of society kept things in place.
Within European Union countries today, however, there are major differences regarding what it takes to define who is a child’s father and who is the mother. As EU citizens have the right to live in other EU countries, issues about parentage can arise more easily. For instance, conservative countries have a hard time accepting that same-sex married couples can both be parents.
The real problem is that the children are the first victims of such situations. Hence the European Commission and Parliament are looking into having a unified rule for all member states so that such situations no longer arise.
Here is an excerpt from the relevant European Parliament memo:
“If you are a parent in one EU country, you should be recognized as a parent in every EU country.
Today, more than two million children may face a situation where their parents are not recognized in another EU country because of differing national rules.
Parliament is backing the recognition of parenthood across the EU, irrespective of how a child was conceived, born, or the type of family they have.
This will not mean any changes to existing national rules, but it does that a child’s rights concerning maintenance, custody, or succession are respected across the EU.
Parliament also supports the introduction of a certificate of parenthood that could be used to cut red tape and costs.”
https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/civil-justice/family-law/recognition-parenthood-between-member-states_en
THE SHIP STUDIO IS AVAILABLE FOR RENTAL STARTING JULY 1ST
The SHIP studio is currently available to rent on July 1st. I finally have a dedicated website for this studio finalized and the link is below. It has been months since I started working on the website. I do hope the studio will be occupied during the Olympics – at the normal monthly rate of 1,400€.
https://www.jeantaquet.com/home-in-paris
THERE IS A NEW PAGE ON MY WEBSITE
As I was working with my webmaster to put together the SHIP studio website as part of my website, he came up with the idea to have a page dedicated to subscribing to my column. His idea was to introduce the column and its history with a space to subscribe at the bottom on this new page. Previously, there had been a small space in the upper right corner of the home page. The subscriber page is now available and can be accessed directly.
https://www.jeantaquet.com/newsletter_subcribers/
I HAVE A PARKING SPACE AVAILABLE FOR RENT NEAR MY OFFICE
I own a parking space in the building just across the street from my office in the 11th arrondissement of Paris. The parking space is in the first basement of a residential building at 58 rue Montreuil. The space is 10 square meters (107.64 square feet). It is the space on the right in the photo accompanying the ad linked below. Secure access is by beeper. The access gate is somewhat narrow, so suitable for smaller cars, although my Peugeot 2008 (4.16m x 1.74m) fits fine.
The rent for a single vehicle is 80€/month, all charges included. An initial deposit of 80€ is required. I am willing to accept motorcycles and other two-wheeled vehicles for this space, which can house up to three such vehicles, depending on the size. The rental fee for such vehicles will be 50€ per vehicle.
https://www.seloger.com/annonces/locations/parking/paris-11eme-75/nation-alexandre-dumas/215283031.htm
OFFICE CLOSED FOR SUMMER VACATION
The office will be closed for seven weeks over the summer holidays, starting on Friday, July 5, in the evening and reopening on the morning of Monday, August 27. As always, I will be reachable by email for emergencies and important matters. This year, because of the Olympics occurring in Paris, I will be away from Paris for most of that time. But the service I offer of receiving mail for clients will continue while the office is closed. And Sarah or I will honor the prefecture meetings already scheduled, as well as a couple of other engagements.
Best regards,
QUESTION
SPOUSE’S IMMIGRATION AND PROFESSIONAL STATUS
My family and I are moving to Toulouse. My husband has a profession libérale visa, and I have the visiteur status. My question is: Are our children and I permitted to be part of his French business in order to get more benefits? My husband is the sole provider so it’s not an option for me to apply on my own application for a profession libérale visa.
ANSWER
There are two totally different ways to address this situation. A recent experience with one of my clients made it clear how important this choice is.
First, note that self-employed profession libérale status does not grant the spouse any special status as such related to immigration. Therefore the spouse will have visiteur status. Each child also needs an immigration visa to enter France and later to obtain the Document de Circulation pour Etranger Mineur (DCEM) card. Here are the professional options for the spouse:
1. The spouse assists in the business but is not compensated.
This is the traditional mom-and-pop business model. The husband is the one registered as the owner, managing the business. The wife is in the shop all the time, often helping with the cash register, supplies, and some administrative tasks. The status of spouse-assistant in France, or conjoint collaborateur,addresses the rights and recognition of work done behind the scenes by the spouse. This model is never mentioned during the immigration procedure. Only when registering the business will the question be asked.
Until recently I advised making one spouse the assistant when registering. In some cases, there was a need for both of them to obtain health coverage quickly. Today, such people are better off signing up directly with CPAM, which is done individually. Indeed, URSSAF and then CPAM are now very slow in registering people who enter the social system by registering a business in France. So registering one spouse as the assistant no longer speeds up the process.
But the other reason for making one spouse the assistant is still valid and could cover your situation. That is when both spouses are active in the business, or they have complementary businesses, or something similar. Having both spouses mentioned in the registration procedure helps give the other spouse a legitimate reason to help the business spouse.
Recently, however, two serious drawbacks have arisen and have made me change my mind so that now I advise against the conjoint collaborateur option.
a) The problem occurs when the prefecture argues that the spouse holding visiteur immigration status has sworn under oath not to work in France in any capacity. Hence the prefecture considers any help the spouse gives as a violation of this oath. The consequence is that the prefecture takes away the “visiteur” carte de séjour, forcing the couple to make very difficult and costly decisions.
The prefecture never used to ask for the registration sheet called the P0 (P zero), where this choice is mentioned. None of the documents after that say anything about a helper spouse. I have not personally dealt with any cases involving the above-described procedure, but I have read court decisions related to this situation in a legal publication. It can happen on rare occasions, but the consequences are serious, so I believe it is not worth doing in the first place. I must say that I find this prefecture’s ruling very objectionable based on my interpretation of Article 213 of the Civil Code, which states that “the married couple runs the household together and parents the children with the same authority.” This decision from the prefecture, although rare, triggers a nightmare, as the spouse is believed to have committed perjury and that is used as grounds to take away his or her visiteur status.
b) In the case of one of my clients, URSSAF started sending bills for social charges to the non-working spouse, using a different SIRET number. There had been no change in the registration, so apparently the new SIRET was created by URSSAF without anyone knowing about it. It was not even visible on the URSSAF website account! It proved quite difficult to get rid of these bills. Declarations of zero income were submitted, but only way after they were required. It was even harder to terminate the non-working spouse’s business registration without closing the legitimate one.
2. The probable need for an affidavit of support for the non-working visiteur spouse.
Under normal circumstances, the spouse holding the visiteur immigration status can renew on his or her own merits by showing statements from a savings account, a portfolio, or a retirement account. In your case, because your French business must make no less than the French minimum wage of about 17,000€ (net, taxable), I strongly advise the business spouse to issue an affidavit of support for the other spouse. The fact of being married makes this affidavit useless, as it is redundant, but it gives the prefecture the business’s financial information and makes it easier to renew. Of course, the file also has statements from the abovementioned accounts, along with joint bank accounts, joint portfolio, and so on.
QUESTION
WHICH STATUS TO CHOOSE TO MOVE TO FRANCE?
I’m an American currently living in Germany considering a move to France to start my own business as an artist/designer. My questions are – Do you know if work as an artist (creating textile, ceramic, metal, and photography-based works) could also be classified under the profession libérale visa scheme? It seems that it would be for the manufacturing or service categories, but this isn’t very clear. Also, in terms of the cover letter for a profession libérale application, would I apply in German since I reside there now? Or English due to my nationality? Lastly, I’ve been working exclusively as an English teacher in Germany for the last seven years; would that work experience (despite two degrees in design) hinder the acceptance of my visa application?
ANSWER
The prefecture follows a logic that makes sense considering its system. Even though you were sans-papiers for a few years, your file stayed open the entire time. The procedure the prefecture follows is that it always refers to your current or old status until you obtain a new one. The fact that your file was accepted at this initial level and that you were told you would pick up the card in a couple of months or more, does not indicate that your request was fully approved. A normal file goes through at least two other reviews at a higher level. Yours might undergo even more since it is a regularization. Clearly, when your appointment was over, no decision had been made. Your previous status was certainly self-employed, so this is what was mentioned on the récépissé. I understand your concern. It feels as if you did all that work for nothing. Rest assured, you have a 90% chance of success since the prefecture pre-approved your file before sending the appointment out to you.
I would also like to review other issues you raised. You should have asked for the renewal of your immigration status even though your annual billing was significantly below the minimum. In a letter, you would have explained how it happened, what you did to fix the problem, who your new clients were, and so on. The prefecture only denies such a renewal request after two or three years of income being below the required minimum, which is French minimum wage (SMIC) as a taxable income. In short, for a profession libérale consultant, your annual billing should be 26,000€, which gives you a taxable income of 17,160€ when the SMIC net taxable income is 16,784€. I believe that 26,000€ is a lot easier to remember. I do not know your precise numbers but renewing your old status should have been your first step.
Many joke that French people must have a crabby gene in their DNA. I warn everybody that it is very difficult to read the attitude of the civil servants working at the prefecture. Some say nothing and show no emotion, and one assumes that because they were not critical, the file has been approved. But as a matter of fact, this is a bad sign. The norm is to ask for some information and extra documents. Some criticize what they see in the file as they go through it. It gives the impression that they think the file is catastrophic. If the file is excellent, the explanation can be that the documents are not in the order they want and it gives the initial impression that many documents are missing. Others ask for the documents one at a time, and the applicant cannot give them fast enough. I could go on and on about this, as there are many more explanations for their behavior.
Although it appears to be in a police station, the prefecture branch called “centre de réception des étrangers” on Rue Truffaut in the 17th arrondissement is separate from the station, and has a separate entrance. The normal French immigration procedure never involves the police. Applicants only meet civil servants whose status is similar to that of the people working for the DMV in the USA. Being sans-papiers means being an undocumented alien, so having to walk up to the police station and be a few feet away from the police can be scary, which I understand. As it happens, this is currently the only branch of the prefecture left that is linked to a police station.
DISCLAIMER
Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.