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THE ASSOCIATION OF AMERICANS RESIDENT OVERSEAS

I Have a Dream

Febuary 2025

First, I would like to wish you all a very happy and prosperous 2025! 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 many of us, perhaps all of us, think that 2025 is going to be a challenging year
in so many different ways.

“I Have a Dream” is the title commonly given to the public speech delivered by the American civil rights activist and Baptist minister Martin Luther King Jr. during the March on Washington for Jobs and Freedom on August 28, 1963.

I had a hard time choosing a title for this month’s column. So much is happening in the USA and elsewhere! My choice ended up being inspired by something most people saw as pure coincidence: The inauguration of Donald Trump as the 47th president of the United States took place on Monday, January 20, 2025, which was also Martin Luther King Jr. Day, celebrated on the third Monday in January in the United States. Technically it was indeed a coincidence, as MLK Day and Inauguration Day are set by law and the Constitution.

As incredible as it seems, all American people were celebrating an important event in the history of their country at the same time. It was just not the same event. Each side expressed its disapproval of the other celebration, seeing it as interfering with theirs.

I am focusing on this date because for me it is both an allegory that the USA was indeed united in celebration on the same day and a reminder of how evenly and deeply divided the country is.

Almost everybody who lives in the USA has probably heard the words “I have a dream” at least once in their life. But I am not sure how many know that it refers to Martin Luther King Jr.’s speech and the message it conveyed. I hope a majority of Americans do know about it, thanks to the celebration of Martin Luther King Jr. Day as a national holiday since January 20, 1986.

Against all odds and considering the growing skepticism regarding the truth of Martin Luther King Jr’s oratory among the American population, I believe that this speech and the message it conveyed had its place on that day, January 20, 2025. This speech was standing tall for those who knew how to see it. I cannot believe people and the media saw this as being just a coincidence without any meaningful message. The fact that there were two celebrations should not be dismissed as an error on the calendar. It should happen again in 2053. Martin Luther King Jr delivered the “I Have a Dream” speech on August 28, 1963, at a time when the USA was deeply and violently divided. He knew well what was happening then, and he dared deliver his speech against all odds that his dream would ever come true.

I WAS NOT A TOURIST WHEN I WENT TO DACHAU
In the current political environment, in the USA as well as many European countries, far-right parties and their ideas are being talked about and are represented in many parliaments. History does not repeat itself exactly. The same cause may produce the same effects, but what is different is the era in which it happens. In Germany, the extremist far-right AfD party came first in the Thuringian state election in September. Such an event could make it seem that the January 1933 election is being reenacted and that similar results could happen again. History could repeat itself. But because of the making of Germany today, it is completely different. Even so, history teaches us that there are just enough similarities that the result of this election cannot be overlooked.

I recently stayed with some family members in Munich for a week, taking the TGV from Paris for a five-hour trip. We enjoyed visiting many tourist attractions in and around the city. But I was not a tourist when we went to the Dachau concentration camp. It is now a museum and memorial, and it is maintained in good condition. It takes several hours to see everything that is displayed there. We saw many groups, including children on school field trips. There were a large number of people inside the camp taking time to read, reflect, and get a grasp of what happened there. One section explains the rise of the Third Reich. Only the administrative buildings used by the Nazi personnel have been kept in good shape. The barracks where the inmates were kept have been leveled, but the marks they left on the ground are visible as they are cared for. It is also possible to walk in the gas chamber. We walked out of there with overwhelming emotions. I am glad that I went, even though it was a somber time.

THE FRENCH LANGUAGE TEST IN IMMIGRATION PROCEDURES
At one point, a law was passed imposing an obligation to request a carte de résident. This procedure demanded an A2 level of French, while the new legislation requires the higher B1 level.

As my February 2024 issue stated, the government’s talking point was that this provision benefited foreigners by accelerating the issuance of the carte de résident and thus permanently securing their stay in France.

In my opinion, declaring that this provision benefits all foreigners is completely misleading, and therefore, I believe the French government putting some categories of foreigners requesting cartes de résident at a marked disadvantage.

The issue concerns Article 20 of the immigration control law of January 26, 2024, which specifies the following additions to the civil code (my translation):

3° He/she can demonstrate a knowledge of the French language, enabling him/her at least to understand expressions frequently used in everyday language, to communicate in the course of routine tasks, and to talk about subjects that correspond to immediate needs. This 3° does not apply to foreign nationals exempted from signing a republican integration contract mentioned in article L. 413-5.

4° He/she has had the option to benefit from the free French language courses made available by his/her département of residence. 

b) 2° becomes 5°. II. – The person concerned can demonstrate a minimum level of language, enabling him/her to understand the essential content of concrete or abstract subjects in a complex text, to communicate spontaneously, and to express him/herself clearly and in detail on a wide variety of subjects.

THE ORIGINAL TEXT
3° Il justifie d’une connaissance de la langue française lui permettant au moins de comprendre des expressions fréquemment utilisées dans le langage courant, de communiquer lors de tâches habituelles et d’évoquer des sujets qui correspondent à des besoins immédiats. Le présent 3° n’est pas applicable aux étrangers dispensés de la signature d’un contrat d’intégration républicaine mentionnés à l’article L. 413-5 ; 4° Il a bénéficié des conditions nécessaires à l’apprentissage de la langue française par l’accès à des cours gratuits dans son département de résidence ;

b) Le 2° devient un 5°
II.-Le premier alinéa de l’article 21-24 du code civil est complété par une phrase ainsi rédigée : « L’intéressé justifie d’un niveau de langue lui permettant au moins de comprendre le contenu essentiel de sujets concrets ou abstraits dans un texte complexe, de communiquer avec spontanéité, de s’exprimer de façon claire et détaillée sur une grande variété de sujets.

There are two reasons why I consider the government’s position misleading and discriminatory:
1. Highly skilled immigrants will have to get a carte de résident” after living in France for nine years, while others will have to do so after three or five years.

2. The current test is mostly multiple-choice, a format that high school graduates in many countries are familiar with. Immigrants from developing countries often have not finished middle school or, in some cases, elementary school. Thus, this kind of testing puts them at a huge disadvantage.

During my vacation, I read a detailed article in the October 2024 issue of Plein Droit, published by GISTI, a group providing immigration law information. I realized then how far-reaching the changes brought about by this legislation will be.

First, the law limits to three the number of times a carte de séjour can renewed with the same status before the holder must request and obtain a carte de résident. Depending on numerous factors, this can mean three to nine years. The carte de séjour lasts a minimum of one year. For some passeport talent categories, the first year can be followed by two cartes de séjour that each last four years.

The level of French required to obtain a carte de résident was increased from A2 to B1. The test is academic in many ways and discriminates against people with poor schooling. In some countries, only elementary school is mandatory and not always enforced.

Foreigners holding any category of passeport talent status are almost always highly educated, with at least a master’s degree, or hold senior management positions, or are acclaimed artists. In short, such foreigners are almost always familiar with multiple-choice academic testing. These people will have as many as nine years to reach the required level of French.

By contrast, foreigners getting a one-year carte de séjour three years in a row often come from developing countries, have low education levels, and may not ever have experienced such testing. Hence, they have a double handicap when it comes to reaching the B1 level in French. The result is that it is incredibly difficult for them to achieve the required level and continue to live legally in France.

Remember, this change in the law, according to the government, was intended to strengthen the rights of immigrants in France. The expected result is that many immigrants lose their immigration status and then be deported to their country of citizenship.

There used to be an alternative way of measuring the ability to speak, understand, and get around in French. The civil servant interviewing the applicant, judging by their level of education or lack thereof as mentioned in their file, would evaluate the person’s mastery of the French language and their ability to speak fluently and handle conversations well. That would have made this requirement more acceptable, setting aside the huge difference in the amount of time spent in France.

RADICAL CHANGES IN THE REGULARIZATION OF UNDOCUMENTED ALIENS IN FRANCE
Since November 28, 2012, the “Valls circular” (named for the minister of the interior at the time) has regulated the regularization procedure for undocumented foreigners in France. It provided a safe, predictable path to achieving a legal stay in France. Its provisions were clear and the guidelines were easy to understand. In today’s world, it is rare for legislation to be as clear as this.

On January 23, 2025, a new circular was sent to all prefects repealing the Valls circular. Here are the main changes I have identified thus far.

Prefectures now must prioritize requests on the basis of jobs in high demand (métiers en tension). The text also states that family procedures require a seven-year presence in France.

The prioritized procedures for employees working in métiers en tension require them to prove three years of presence in France and twelve months of seniority at work. For anyone other than these workers, the requirement is to document a seven-year presence in France.

Prefectures will also require applicants to display a good level of French, with a French diploma or language certification.

The extension of validity of an obligation de quitter le territoire français (OQTF) is confirmed, which means that the recipient must leave the country for at least three years, as this article was part of the Immigration Act of 2024. Today, an OQTF is a de facto expulsion order the police can enforce at any time.

I expect to learn a lot more in the months to come and will keep my readers informed.

DPE IS AN OBLIGATION FOR LANDLORDS
With regulations due to come into force in 2025, the Energy Performance Diagnostic (DPE) is becoming a central issue for homeowners who intend to rent out or sell their property.

The DPE, which assesses a home’s energy consumption and environmental impact, must be updated every 10 years. The absence or non-conformity of this diagnosis exposes landlords or sellers to an immediate fine of 1,500€, with the penalty doubled in the event of a repeat offense within three years.

It would appear that this regulation is not really being enforced. The government chose to keep poorly insolated lodgings on the rental market, considering the already existing shortage of lodging in numerous large cities in France.

THE EU’S HIGH COURT RULES IN FAVOR OF FOREIGN FAMILIES
The Court of Justice of the European Union (CJEU) has issued a landmark ruling on family allowances in France.

Foreign nationals will no longer have to prove that their children entered the country legally to benefit from family benefits. This decision, based on the principles of equal treatment enshrined in European law, simplifies procedures for many families, but also raises several questions.

On December 19, 2024, the CJEU, which is the European Union’s equivalent of the Supreme Court, abolished an obligation imposed on foreign families residing in France. Formerly such families had to prove the legal entry of children to obtain family allowances. The new ruling could mark a turning point in access to social benefits.

The case that gave rise to the decision dates back to 2008. After several years of litigation, France’s Cour de Cassation referred the matter to the CJEU because the requirement could contravene EU law.

The CJEU concluded that indeed the requirement imposed by France was contrary to the EU Single Permit Directive, which guarantees equal treatment for foreign workers and EU citizens. The court ruled that requiring proof of children’s lawful entry constituted an additional discriminatory condition. Access to family allowances was sometimes hampered by complex procedures, notably to obtain proof of legal entry.

The CJEU decision is particularly important for large families or those in precarious situations, who often depend on these benefits to meet their needs. It ensures fairer access to social benefits, in line with European principles.

METRO TICKETS ARE GOING ALMOST EVERYWHERE!
In France and most other European countries, there are two ways of looking at funding for local public transport. One view is that travelers must pay for their transport, and the closer fares are to the actual cost of operating the system, the better it is for taxpayers. The opposing view is held by political authorities who want the local population to make extensive use of public transport, so fares are low or travel may even be free.

In the 1960s, following a huge transformation of Paris and its suburbs, a unified authority was created to manage all public transport in the region, the STIF ( Syndicat des Transports d’Île-de-France). This authority introduced a pass, the carte orange, on July 1, 1975. The entire Ile de France region was split into six zones: Paris was zone 1, and the outermost area was zone 6. An individual metro ticket allowed travel in zones 1 and 2. So did the basic carte orange, which could be bought weekly or monthly. The more zones a card covered, the more expensive it was. Individual tickets were a lot more costly: two round trips usually cost more than a weekly pass.

As time passed and the Navigo pass was introduced to replace the carte orange, it turned out that people with an annual Navigo had more rights than monthly pass holders, and the weekly pass conveyed the lowest. At the same time, individual tickets were getting more expensive. There were often political debates on sharply increasing the cost borne by users, but most of the time, the increases were lower than the cost of living. When the monthly cost of the Navigo rose by 11.8% to 84.10€ on January 1, 2023, it made national headlines, and there were vehement debates in the French parliament about it.

Maybe to counterbalance this unpopular decision, as of January 1, 2025, the basic métro-train-RER ticket is now valid everywhere on the public transport system, with one major exception: travel to and from Charles de Gaulle and Orly airports.

This was a political decision to increase and facilitate the use of public transport, including use by tourists. It is also supposed to offset a further cost increase for tickets and passes.

I understand the reason they want to charge more for airport access, but it is confusing and many tourists are being caught and fined for using the wrong ticket.

Here is the message I found announcing the change:
Good news for occasional travelers, tourists, and commuters! No more headaches about fare zones. A new ticket valid throughout the Paris region, excluding airport zones, is now available: the Métro-Train-RER ticket.

From 01/01/2025, it will be sold individually, at full fare or reduced fare (no discount will be offered for the volume of tickets purchased). It will enable you to travel anywhere in the Paris region, excluding airport zones.

SHIP STUDIO IS AVAILABLE FOR RENTAL STARTING MARCH 1ST, 2025
The SHIP studio is currently available to rent on March 1st. The dedicated website for this studio details everything there is to know about it and my neighborhood, which is located in the 11th district, and the link is below. It has been months since I started working on the website. I do hope the studio will be occupied most of the year 2025; the rent stays the same, 1,400€, and it includes everything.
https://www.jeantaquet.com/home-in-paris

Best regards,

QUESTION

CONDITIONS FOR OBTAINING SELF-EMPLOYED IMMIGRATION STATUS

I am American, live fully, and work part-time in France, owning a house near Montpelier. I arrived in France on a tourist visa lasting one year. Then, I changed to a work visa/carte de séjour lasting one year. I have a SIRET number as a teacher. I asked for renewal of this carte de séjour, and it was turned down.I want to appeal the decision. Can anyone help me with this? In the USA I was a retiree and I still receive a substantial pension and Social Security. So, of course, my global income far exceeds the annual amount of the French minimum wage, which is all I need. I have been given 30 days to leave France, my house, everything. I need urgent advice.

UP

ANSWER

Each immigration status has strict requirements that must be clearly understood. Those linked to creating or operating a business in France say it must generate sufficient French taxable income for the applicant. This is especially true for the profession libérale carte de séjour, as it is pretty much the only requirement for getting the immigration status renewed. Being a part-time self-employed teacher in France is not problematic as long as your annual taxable income is about 17,000€ (the law asks for the French minimum wage, or SMIC, which is 17,115.60€.
I assume that when you submitted your business plan to obtain this status, you indicated that you would make more than that. I advise showing twice the minimum amount, i.e., 34,000€. Otherwise, the prefecture will view the business plan with skepticism.
 
If the first year of business is a lot harder than expected, the forecast can turn out to have been quite unrealistic. In that case, the request for renewal of this immigration status must include a new business plan explaining why you did not meet your goals, presenting a more reasonable forecast based on your actual billing, and showing a trend of increased business throughout the year. Even with such a plan, it is not guaranteed that the prefecture will approve your renewal request, but this will significantly improve your chance of success.
 
From your description, I understand that you emphasized that you had a lot of income, including your retirement. Your original visiteur immigration status was secured by this retirement income, but the way you presented your situation followed the wrong guidelines, which is why your renewal request was denied.
There are two solutions to your situation. One is to ask to go back to visiteur status, giving up on teaching for pay. Instead, you could volunteer to teach at a French non-profit (association), which is possible because it is not considered working.
The other is to completely change the presentation of your renewal request, emphasizing that you will do much better in the coming year and explaining why you are certain you can achieve this. For instance, you could say that you will work full-time from now on.
In short, what you want to do is not compatible with the French legislation regarding immigration. You must choose one of these two solutions to comply with French law. 
 
It is possible that the way you approached immigration was wrong from the start. Your question says: “I am American, live fully and work part-time in France, owning a house near Montpelier.” It sounds like you planned to live in France and enjoy yourself as much as possible. If working was not a priority, you probably did not put enough effort into work to make the required minimum, even if you charge 50€ an hour, which is a lot for teaching unless you have a specialty in high demand.
Let us say you start with annual sales of 26,350€, which would mean teaching about 527 hours a year at 50€ an hour. The conclusion everybody should reach regarding this matter is that it is easy to obtain self-employed immigration status. The initial carte de séjour lasts one year. This means working full-time from day one and keeping a close eye on the amount of money you make per month or, rather, ideally, per week.

UP

QUESTION

FRENCH ESTATE TAXES ARE EXPENSIVE

I have given up on my dream of moving to France because of inheritance taxes. I’m single and have a son living in California who would inherit everything I have in the US.
While it’s great that France would not tax any of my professional income and my retirement, I figured that my son would end up paying almost half a million Euros in inheritance taxes on a $1.5 million estate.Other European countries would tax my income but some of them exempt the first million euros for spouses and children. For example, Italy charges 4% for spouses and children. Even if France adopted the one million euro exemption, its rates would remain way above those of other countries.

UP

ANSWER

I am glad you raised this issue, even though it means you will not be moving to France as you wanted to. Many look at the fact that France does not tax income taxed in the USA, under the tax treaty between the two countries. But France has always taxed estates. The reasoning is that it diminishes inequality between people living in France. Wealthy families have their estates heavily taxed, especially for heirs that are further away from the direct bloodline. This is in line with a longtime desire for equality in France, where everybody should start with the same living conditions. It also reflects Napoleon’s belief that the wealth of French people should go to their children.
Of course, the reality is that such equality never exists. Taxing estates this way makes only a small dent in the inequality of life. Furthermore, recent legislation has lowered the rates. There was also a radical change in the Napoleonic legal logic, in which the surviving spouse receives the estate exempted from all taxes and has the third rank of succession after the children and the parents of the deceased.
It remains true, however, that estate taxes in France are higher than in most other European countries.
Here is a detailed calculation based on your situation.
The first 100,000€ is exempt from taxes through what is called an abattement. These are the brackets after that:

Taxable amount Tax rate

Up to 8,072€ 5%

From 8,073€ to 12,109€ 10%

From 12,110€ to 15,932€ 15%

From 15,933€ to 552,324€ 20%

From 552,325€ to 902,838€ 30%

From 902,839€ to 1,805,677€ 40%

Over 1,805,677€ 45%

 
AMOUNT OF TAXES OWED

Up to 8,072€: 403.60€ (8,072€ x 5%)

From 8,073€ to 12,109€: 403.70€ (4,037€ x 10%)

From 12,110€ to 15,932€: 573.45€ (3,823€ x 15%)

From 15,933€ to 552,324€: 107,278.29€ (536,391€ x 20%)

From 552,325€ to 902,838€: 105,153.90€ (350,513€ x 30%)

From 902,839€ to 1,805,677€: 361,135.60€ (902,839€ x 40%)

TOTAL: 574,945.54€
 
Moving to a new country as an immigrant used to be a choice to start a new life from scratch. This is what 19th-century American immigration was all about, as well as the 20th-century waves of French immigration. Only fairly recently have a lot of people wanted to migrate to a new country at retirement age. They behave like customers. Where can I get the best deal based on what I want? Some countries have quickly adapted to the new situation to attract this new group of immigrants who have a lot of money. France is not one of them.

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S.H.I.P.

Survival Home in Paris

Visit our partners

ARTICLES AND RESOURCES HELPING YOU ADAPT TO LIFE IN FRANCE

THE ASSOCIATION OF AMERICANS RESIDENT OVERSEAS

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