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ARTICLES AND RESOURCES HELPING YOU ADAPT TO LIFE IN FRANCE

THE ASSOCIATION OF AMERICANS RESIDENT OVERSEAS

BLOW-OUT

March 2017

From Wikipedia
Blow Out is a 1981 American neo noir thriller film written and directed by Brian De Palma, The film stars John Travolta as Jack Terry, a movie sound effects technician from Philadelphia who, while recording sounds for a low-budget slasher film, serendipitously captures audio evidence of an assassination involving a presidential hopeful.
How can a 1981 movie, the year Ronald Regan got elected president, be pertinent today? I wonder. The movie is about the recording of a sound lasting a few seconds that becomes evidence with long lasting effects. That recording shows the truth of what happened against the evidence of the scene of the car accident. Many high officials in the film try to suppress this evidence, they deny the very existence of this recording. They endlessly repeat the official truth.
36 years later, is this saying something about what is happening today? Will 2017 see a blow-up?
At a complete different level, it is clear that foreigners living in France do blow-up more often than they would like. It is clear that frustration fueled by incomprehension of what is going on, frustration that is going on the right way.
Regarding the lodging issue that so many foreigners complain about, one can see that the French people face about the same problem. Again opening a bank account should be easy in France but everyone who does not have an employee job is being looked at twice before being accepted.
As for the maze of the French administration, French people get lost in it too. It just happens that it is less often with smaller consequences.
So we all blow-up in our live, being foreigners just considerably increases the chance of happening.
 
SELF-EMPLOYED AND FINDING LODGING IN PARIS
One side issue of the harsher law regarding renting an apartment in Paris is the ever growing difficult to convince a landlord or an agency to rent to self-employed people.
I read an article in Le Monde where a 27 year old, self-employed, professional, earning more than 3,000€ monthly, and is faced with a systematic NO from everyone. He keeps his official address in the countryside with his parents and his tax registration, but he lives in Paris, survives between couch surfing, friends and so on.
The landlords and the agencies heighten their requirements of earning significantly more than three times the rent is not enough. The hierarchy has always been this but it has become worse, the best status is being an employee with an open-ended contract called CDI, contrat à durée indéterminée, next is the long fixed term employee contracts, for about a year at a time, then the students since the parents have the right to be guarantor. A different type of rental is when the employer rents for the expat employee.
If you do not have one of those profiles, the traditional French residential lease is out of reach. Foreigners have easy access to the short-term rentals, especially when the rental starts as the person gets out of the plane. It is more expensive and the apartments are fully furnished, which is a good thing when one arrives.
Even these people, end up being in a crush. Sooner than later, many become French fiscal residents and the landlord terminates the lease, as the lease is then securing a primary residence. It is at that time that the tenant obtains the full protection from French law and before this protection is enforceable, the lease is terminated. One client was told that the apartment would be put for sale and she did not have the first right of refusal, about six months after having moved in. In the meantime, she registered as a self-employed person, which includes a registration with the tax office.
One could wonder if acquiring this professional status did not trigger the so-called desire to sell the place.
I often have the impression that I am repeating this several times a year. At the same time, I read stories like this so often that I can assure you, I do not report most of them.
En savoir plus sur http://www.lemonde.fr/francaises-francais/article/2017/01/24/travailleur-independant-cherche-logement-decent-desesperement_5067944_4999913.html#M9M9Q22bLdvdDTpc.99
 
CHANGING BANKS IN FRANCE SHOULD BE NOW MUCH EASIER
Banking in France is a weird experience for a lot of reasons.
The one and most important one is having a bank account is pretty much a legal obligation since there are so many situations that demand the use of a bank account that the truth is that it is impossible to be settled inside French society without a bank account. CPAM and CAF only wire money to a bank account. Any payment over 1,000€, all the salaries, must be paid through a bank account, and I could go on like this. It has reached the point that if a person is refused by all the banks to open an account, maybe because his existing bank threw him out, then the Banque de France, the French Federal reserve then assigns this client to a bank without the possibility of saying no. This said, the bank then opens a savings account coming with an ATM card. So this is a rarely known aspect of French banking.
At the opposite end, the Branch Manager of a bank in France is personally criminally liable for money laundry and tax cheating done in his branch. This means that this professional and his staff are scared crazy to accept a new client unless a reliable person introduces him. So the testimony I get from my clients is that they get drilled so much more at the bank than at the prefecture. At the end the latter one seems to be a piece of cake compare to the other one. Of course the latest American legislation called FATCA is not helping the French banks to welcome the American clients. Since the prefecture demands to see the bank account statements for a reason or another, the foreigner can easily be caught between the rock and a hard place and maybe should think of this Banque de France assigned risk client procedure.
For the longest time, it was very difficult to change banks and therefore the competition in the quality of services as well as regarding the cost was non-existent. Throughout the years more and more payments are made automatically from the bank account, often in a monthly installment. So, in theory, changing banks is easy except that one has to remember the 20 or more payments and reimbursements that happen automatically on the account. Missing one and it triggers a default of payment, which can have some serious consequences. The worst is “interdit bancaire” which is being banned from having a normal banking service and be forced to use the Banque de France assigned risk client procedure.
Call it laziness or being scared of screwing-up, the bottom line is that less than 5% of people change banks every year.
This time, the new legislation is helping right on the dot. It forces the “new banker,” once the contract is signed, to open the new account to transfer everything, i.e., all those payments and reimbursements, salary payments and so on. The main reason why people do not change banks is 1. I do not know much about other countries but it feels like in France everybody is complaining about their bank, its awful service, its high fees, and the absence of reliable employees.
So, once the French administration communicates on this legislation, something is going to change and I am sure it will shake up French banking.
UFC-Que Choisir the consumer advocate NGO states that the next step should be that the same regulation as for the cellular phone industry, one keeps the same account number so it facilitates the transition completely going from one bank to the next. Indeed this legislation does not apply to the mortgaged loans, which limits its efficiency. This said, many clients have two accounts and the family account often has all those payments, and is not linked to this said loan.
We will see how effective it is. I will keep you informed, as banking in France has become a serious problem for many.
http://abonnes.lemonde.fr/economie/article/2017/02/06/le-changement-de-banque-simplifie_5075175_3234.html?xtmc=le_changement_de_banque_simplifie&xtcr=1
 
SHARP INCREASE IN LOCAL TAXES FOR PARISIAN SECONDARY DOMICILE
On the 30TH of January the Parisian City Council approved an increase on local taxes between 20% and 60%. Last November the Parliament approved a provision that allowed the cities a much wider flexibility to decide the rate of taxation for “taxe d’habitation” paid by the tenant and “taxe foncière” paid by the owner.
About ten years ago, a new vacant tax “taxe sur les logements vacants” was created to heavily tax owners who did not rent those properties nor were using them and therefore were not paying the “taxe d’habitation.”
This is not enough since owners now prefer stating that they are there a week at a time as a secondary domicile and pay the “taxe d’habitation”, which does not increase every year as the punitive vacant tax. This is a response to an increase of 43% of those residences in Paris, partially if not primary motivated by the very short-term rental industry, which existed before AirB&B but expanded considerably with it. Paris City Hall states that 107,000 apartments are secondary residence, which makes 7.5% of the global number of apartments. The city is losing its residents and losing its blue-collar businesses. An official stated:
“Taxer davantage les résidences secondaires incitera leurs propriétaires à les vendre ou à les louer à l’année, ce qui augmentera l’offre locative. Notre objectif est que ces logements bénéficient en priorité aux Parisiens.”
Heavy taxes on secondary residences should push owners to either sell or rent long term, which should increase the lodging for renters. Our goal is that the Parisians first benefit from the increase of the offer of these lodgings.
Also, and probably this should not be underestimated, the city is hoping to get an excess of 43 million euros.
En savoir plus sur http://www.lemonde.fr/argent/article/2017/01/25/a-paris-la-surtaxe-sur-les-residences-secondaires-va-passer-de-20-a-60_5068843_1657007.html#2PQtqHpTkjQjdct0.99
 
PLURIANNUELLE CARTES DE SEJOUR
I mentioned these cards already two times, since they were first introduced for the foreign students preparing a doctorate. Starting in November 2016, holders of the carte de séjour mention salarié, i.e., employee immigration status, as well as the mentioned vie privée et familiale, personal and family status, are now issued almost systematically at the time of the first renewal. I am not certain exactly how the duration of the card is decided. Based on the information I am getting, the employee carte de sejour seems to be four years when the private life is only two. There is a lot of misunderstanding regarding the nature of these cards as people often mistake them with the carte de résident, which is the equivalent to the American Green Card. The key difference here is that a carte de séjour is issued on a specific ground, and therefore it creates a lot of limits for many of them, mainly in terms of “right to work.” During a couple of years, and maybe more, people will get those long lasting cards when they are able to ask for a carte de résident a year or two later . The real issue here is that more and more people have what I call diverse careers, and not just one employee job. So specifically, a carte de séjour mention salarié holder can be prevented to launch a side consulting, or teaching yoga for several years.
I have no idea as the regulation just came about in November 2016 if it will be possible to ask for this carte de résident while the card is still valid and for a few more years. I have already been confronted with this situation several times, making what appears to be wonderful news, just the opposite, for several.
I raised another issue regarding the profession libérale, commerçant, if and when these cards could also be issued for several years. The answer “it might be possible” being put in the French context of distrust of the self-employed in general, my guess is that this is not going to happen for quite a while. As an example, the profession libérale carte de séjour holder at the Parisian prefecture will now have this request being reviewed by the office in charge of merchant and craftsman. This is not a good sign.
 
REDESIGNING MY WEBSITE
My website is being redesigned, mainly so as to use more recent software to update and manage it. This means there may be a couple of days when the site will not be online. I am sorry for the inconvenience, but we will do everything we can to keep this outage as short as possible. Indeed it should evolve as I am taking over the full control of the back office and being able to update it regularly now chating is possible on all the issues.
 
OFFICE CLOSED JUST BEFORE SUMMER
The office will close for less than two weeks starting on Thursday June 8th, reopening on Wednesday June 21st. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. This time I am leaving France and email will truly be the only way to reach me then.
Best regards,

ANSWER

French law has indeed evolved a lot since the 1920s, but I am nearly certain that your French nationality is well documented and you should not encounter major problems renewing your various French IDs.
Asking for the” certificat de nationalité française “might be needed if your documents are too old to be used alone, but this should have no influence on your citizenship since you acquired it as a French person and based on what you state, you have never been informed that you lost it.
So let’s review your situation one issue at a time. First, what do you have that proves your French nationality?

1 – Carte nationale d’identité
Your parents, or maybe just your French father, recorded your birth in the USA at a French consulate. By doing this, he asked that your French nationality be acknowledged by virtue of your being born to French parent. I do not know how old your national identity card is, but the fact that it was issued to you proves that you were French at that time.

2 – Livret de famille
I assume you married in the USA and went to a French consulate to record your marriage as a French citizen. I also assume that your spouse was an American citizen – or least not French! When you recorded your marriage at the consulate, the French administration issued you the livret, a sturdy booklet in which the wedding was recorded as well as, later, the birth of your children. This means that when you got married you were acknowledged as still French and you kept your French citizenship afterwards. I cannot see anything you could have done that would have made you lose it later.
I would be interested in knowing if you registered your children’s birth with the French consulate and had your” livret de famille “updated.

3 – You will retire to France soon.
Here you have a choice. I am not sure how old your identity card and livret are, since you did not mention when you got married. There are two ways to address the immigration process for your wife, provided that she has non-EU citizenship. The first is to have her ask for an immigration visa at a French consulate. It should help that your marriage is on record, but you will need to ask for a valid passport or” carte nationale d’identité. “If your documents are 30 or 40 years old, I am pretty sure you will need to go to court to obtain the” certificat de nationalité française, “which might be very complex to get in the USA. This alone might be a good enough reason for not asking for an immigration visa. If no court decision is needed, there should be very little red tape, though it may take a long time to receive the documents. In that case, asking for the immigration visa is the best way to go.
The second option is to settle in France without a visa for your spouse. She would be an undocumented alien for as long as it takes you to obtain the current French IDs you need: both the” certificat de nationalité française “and your French birth certificate showing that you were born abroad (request that at the office in Rezé, near Nantes). Once you have everything, she will be in a position to state that she is married to a French citizen and she has lived with you in France long enough to prove the stability of your relationship. (The seniority of your marriage in the USA will count for close to nothing during the initial steps of the procedure with the prefecture.) The procedure is grounded on provision L313-11-4°”, A l’étranger ne vivant pas en état de polygamie, marié avec un ressortissant de nationalité française, à condition que la communauté de vie n’ait pas cessé depuis le mariage, que le conjoint ait conservé la nationalité française et, lorsque le mariage a été célébré à l’étranger, qu’il ait été transcrit préalablement sur les registres de l’état civil français “(to a non-polygamous foreigner who is married to a French citizen, provided that they have continued to live together since the wedding, that the French spouse is still French, and that when the wedding was celebrated in a foreign country it was recorded by the French authorities).

As far as I know, the guidelines are that the couple must have lived in France for a minimum of six months to prove that they have a stable marriage in France.
As you can see, there is a lot to consider before choosing one or the other, such as:
–Do you need two incomes to live in France? If so, she needs the visa so she can work right away. This is the most critical one I can see.
–Do you already have a joint bank account in France? If not, a visa will help a lot in opening an account, as you need to hold current French ID.
–Do you plan to rent or do you own in France? If you will be a tenant for a while, you’d better have all your paperwork in good shape when you meet the landlord, as there is fierce competition for rentals in most big French cities.
I could list other issues, but those are the most obvious ones.
The main consequence of obtaining the primary residence protection is the strict limitation of the landlord’s rights. For example, in order to give you notice to vacate on the anniversary date (which requires a six-month notice), the landlord has only three possibilities to make it possible:
He wants to live there or wants his children to live there
He wants to sell the apartment untenanted, in which case you have the right of first refusal
The apartment needs so much renovation that you are better off moving to a different place.
Another consequence is that any rent increase is defined by a government ratio,” the indice de référence des loyers. “So, as you can see, the law will supersede some of the most critical provisions found in the secondary-residence lease once you establish that this is in fact your primary residence.

Another welcome consequence is the way you will need to prove your address at the prefecture. At first the lease might be enough, as it was signed less than three months before. After that, the homeowner’s insurance policy will be the only document you have if the monthly payment of rent and charges includes everything, especially the basic utilities (gas and electricity). But once you have your” avis d’imposition “in your hands, you can challenge the landlord and put the utilities in your own name. Yes, it will mean that you are de facto increasing the rent more than what the law authorizes, but considering how important utility bills are as proof of residence, many people consider this to be worth it.
This evolution can easily be accomplished with a one-year rental contract that is renewed automatically. It is a tad more difficult with a non-renewable lease, since every year you are signing a lease that this is a secondary residence. That said, the abovementioned French tax documents prove that your apartment is your primary residence. It is just that the chances of the landlord having a massive fit regarding the change from secondary to primary residence are quite high. The only leases that will prevent this from happening are very short-term rental contracts, which are final because such contracts are never meant to allow the tenants to stay in the place past the end date of the contract.
This illustrates very well the power the tenant has in the relationship and therefore validates the landlords’ fear that they will lose control over their apartments.
As for the substantial wait for an appointment, it depends on a lot of factors; my experience is that lately carte de résident holders get their renewal appointment several months after the date of request and the process of issuing the card also takes a long time. So be ready to hold a récépissé (periodically renewed) for up to a year. It might feel unsettling, and you might be anxious to get it over with, but there is no way I know of to speed up the process and the prefecture is good about keeping you documented. You have to trust the system, which means trusting the prefecture, if you want to go through this with some peace of mind.

ANSWER

There are so many layers to be addressed here that I can only highlight them. I truly doubt that if you cannot fix the situation it will have a negative effect on your right to enter and to live and work in France as a consultant.
First, asking for an immigration visa to enter France erases most of what has happened in France in the past, disappear when a long stay visa is issued except for criminal convinctions. Therefore, previous immigration issues, it would erased by the new long-stay visa is issued. You should obtain new immigration status with a right to work as self-employed. Thus the discrepancy you are worried about will not be addressed when you come back. Keep in mind that it is not the same type of right to work, so you will not deal with DIRECCTE anymore.
Second, you must declare your 2017 salaried income to France. The amount is mentioned on form #2042, which has come with the taxable salaried income written on it for several years now. Even if it is three months’ worth of salary, the amount will be relatively small, and should not raise any attention. A one-week discrepancy would mean about 10% to 15% more salary than what you were allowed to receive. The chance of this being noticed when you submit the 2017 tax notice (avis d’imposition) to the prefecture is slim to none.
Third, the 2017 avis d’imposition will be issued in August or September of 2018. If, against all odds, the discrepancy is discovered in the autumn of 2018 or sometime in 2019, it should have minimum consequences if you have a thriving business and comply with all the requirements to retain your immigration status.
It is true that when the prefecture warns a foreigner of adverse consequences, one must listen very carefully, since they are the ones issuing the immigration status and the result can be horrendous if you do not comply with their requests,. This would have been the case if you were to ask for employee status with a new employer, because DIRECCTE would have to review a request to hire you as an employee submitted by a French employer.
It is rare that such circumstances bear no adverse consequences, but I believe that this is the case here because you are asking for a new long-stay visa, so count your blessings.

S.H.I.P.

Survival Home in Paris

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ARTICLES AND RESOURCES HELPING YOU ADAPT TO LIFE IN FRANCE

THE ASSOCIATION OF AMERICANS RESIDENT OVERSEAS

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