Newsletter Subscribers

Loading

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

Nothing Else Matters

July-August 2022

I would like to wish you all you a great summer and a very nice vacation, enjoying the freedom of the moment.
I will close my office on July 8th

So close, no matter how far
Couldn’t be much more from the heart
Forever trusting who we are
And nothing else matters
Never opened myself this way
Life is ours, we live it our way
All these words, I don’t just say
And nothing else matters
Trust I seek and I find in you
Every day for us something new
Open mind for a different view
And nothing else matters
Never cared for what they do
Never cared for what they know
But I know
So close, no matter how far
It couldn’t be much more from the heart
Forever trusting who we are
And nothing else matters
Never cared for what they do
Never cared for what they know
But I know
I never opened myself this way
Life is ours, we live it our way
All these words, I don’t just say
And nothing else matters
Trust I seek and I find in you
Every day for us something new
Open mind for a different view
And nothing else matters
Never cared for what they say
Never cared for games they play
Never cared for what they do
Never cared for what they know
And I know, yeah, yeah
So close, no matter how far
Couldn’t be much more from the heart
Forever trusting who we are
No, nothing else matters

“Nothing Else Matters” is a song by the American heavy metal band Metallica. It was released in 1992 as the third single from their self-titled fifth studio album, Metallica.

I am not a fan of this band. This said, the members are good musicians and I understand why it is so popular. I have been thinking about a lot of things that have been happening which will have a profound impact on our life and the next generation.

Was I wrong in early June to think I could write about my projects for this summer, with sunshine and heat waves? How quickly things can change with just a decision here, an election there, a ruling here or even a hearing there. It immediately darkened my writing. As I get older – and I am writing four days before my birthday – I continue to have optimistic energy, against all odds. I have no idea what will be happening in France or in the USA when I reopen my office in late August. I just believe that I will have scheduled appointments for my clients, that the renovation will go well and that my family members and close friends will be well. I learned very early in life that there is no alternative to optimism, to having visions for the future, believing in goals and achieving them. So nothing matters more than building a better world one day at a time, with the skills I have, for my family, my friends and the community.

NEWS FROM THE USA
I was hoping to draft a summertime issue, lightweight, thinking about lazy days and nice weather. I had found a couple of interesting issues peripheral to major media coverage. Then, nearly at the deadline, so much happened. I need time to absorb, understand and comprehend what is happening. Looking at this as a French citizen living in France, even with my very best effort, makes all of this very alien to me. I hope that I will have gained some understanding and clarity regarding these issues.

THE LATEST FRENCH ELECTION IS ANOTHER EARTHQUAKE 
Once the final results of the June parliamentary election were known, we all understood that something major had happened. At the creation of the Fifth Republic and its Constitution, the goal was to always have a solid majority enabling the government to carry out its policy. In General de Gaulle’s mind, the president-elect has a majority in the parliament, and the prime minister and government have the trust and the support of the Assemblée Nationale, the French House of Representatives. This constitution worked well even during the first “cohabitation” from March 1986 to May 1988 between the liberal President François Mitterrand and the conservative Prime Minister Jacques Chirac. There was a second one from March 1993 to May 1995 between President Mitterrand and the conservative Prime Minister Édouard Balladur, and a third one from June 1997 to April 2002 between President Chirac and the liberal Prime Minister Lionel Jospin. Thus at the very least we know how it might work should President Macron choose a prime minister capable of obtaining the trust and support of the Assemblée Nationale. The reason so many are looking at these precedents is that President Macron’s party does not have a majority and all the other parties want to be the opposition. Two things are needed that nobody right now sees as happening: finding someone who can be the right prime minister in this situation and finding a way to pass legislation when the majority of the députés, or representatives, oppose the president’s policies. To make the situation worse, the next biggest coalition is clearly and proudly liberal, and coming in third is the far right.

The vast majority of EU member countries hardly ever have a straight one-party majority and so are used to forming coalitions, some of them can last for years and are stable. But for France this is unknown political territory. The country will be in search of an improbable government unless people start having meaningful political discussions and governmental negotiations.

STATELESS PEOPLE MOVED TO THE USA FROM THE USSR
A reader writes about his grandparents:
“I thoroughly enjoyed your essay below about Ellis Island, the more so because three of my grandparents passed through there (1906, 1911 and 1913) on their way to live in America. When my paternal grandfather became a US citizen in 1923, his two surviving children back in Russia were able to enter the US in 1925 without stopping at Ellis Island since they had received US citizenship by way of their father. They were carrying Nansen passports issued [to stateless people] by the League of Nations. Apropos of the times, one side was in French and the other in Russian.”

A FRENCH HIGH COURT RULES AGAINST THE 100% DIGITAL IMMIGRATION PROCEDURE
Over a year ago, I noted that the prefecture’s rapid move to digital procedures could entail significant benefits for many foreigners as long as cases are clearly defined, the information is readily available and the applicant makes no mistake filling out the form or uploading the documents. At the same, it enormously complicates everything when the situation and therefore the documents do not perfectly align with the software used by the prefecture, with the Démarches Simplifiées or with Étrangers en France websites. Since there is no way to discuss the case with the people handling the request, answers to emails are cryptic (but may give some valuation information) or do not address all the issues. Furthermore, for some regularization procedures it is impossible to get through and secure an appointment. The system seems to be intentionally designed that way.

All this explains why the Conseil d’Etat, the country’s highest administrative court, ruled against the administration, determining that it was illegal to go completely paper free for immigration procedures, especially those of the prefecture.

Here is a translation of a statement published by the immigrant support group GISTI on June 9th, 2022.

“Following litigation brought by our organizations against the dematerialization of procedures applicable to foreigners, the Conseil d’Etat confirms the illegality of online appointments imposed without alternative and rules that the digital procedures for residence permit applications, i.e., ANEF (Administration Numérique pour les Étrangers en France/Digital Administration for Foreigners in France), are illegal as currently coded: the authorities must provide an alternative solution if the digital procedures cannot be used.

“But the council validated a discounted alternative that may not be sufficient in practice in the absence of real means to receive and accompany all applications for residence permits.

“This is a victory for our organizations: a large number of the online-only procedures imposed by prefectures on foreigners for several years are illegal because they are mandatory.”

Here is the link to the actual decision on the Conseil d’Etat website:
www.conseil-etat.fr/actualites/demarches-administratives-en-ligne-le-conseil-d-etat-fixe-un-cadre-general-et-se-prononce-sur-les-demandes-de-titre-de-sejour

A FRIEND IS SELLING HER HOUSE IN NORMANDY
My former colleague at Alliage SARL is selling a single house measuring 70 square meters (754 square feet), on a plot of 4,500 m² (48,438 sq. ft.) with a garage. It is located 4 km (2.5 mi.) from Orbec (Calvados) and 6 km (3.7 mi.) from Broglie (Eure). It is 20 km (12.5 mi.) from Bernay (which has a train station connecting with Paris Saint-Lazare, 150 km/93.2 mi. away) and 25 km (15.5 mi.) from Lisieux. On the ground floor, there is a veranda opening to the garden, a kitchen/dining room with a fireplace, a bathroom, a closet, a small room and a cathedral lounge with a fireplace. Upstairs are two bedrooms and a 15 m² (162 sq. ft.) loft. Pictures and more detail are available upon request.

THE “SURVIVAL HOME IN PARIS” PROJECT FACES AUGUST IN FRANCE!
As I have mentioned in previous issues, I plan to eventually rent out the 30 m2 (almost 329 sq. ft.) studio apartment I am acquiring next to my office. We are still on track to close in mid-July, possibly after Bastille Day, July 14th. As many know, France starts falling asleep then for the summer and only reemerges at the end of August. I chose a local contractor with a small team whose shop closes during August, so the renovation will start on Monday, August 22nd! This brings to mind childhood memories of watching my father close the roughly 100-year-old woodworking shop, run by his family for four generations, by locking down the shutter for the entire month of August.

My goal for the studio was to start renting it out sometime in September. In the end, it would be optimistic if it happens on October 1st. I feel reassured about this project, as I have already received a few premature rental requests. Aside from the renovation itself, I am researching the sleeping arrangement and the light fixtures. Such a large studio is suitable for a single person or a couple. I intend to rent it by the month for between one and six months at a time. My September issue should say when I will start taking reservations.

The more I work on this project, the more I feel it is a natural continuation and extension of the services rendered by A Survival Kit for Paris. “A Survival Home in Paris” also fits well into my eventual retirement plans, by which time the rental business will have been in operation for several years, and I am hopeful that it will running smoothly.

OFFICE CLOSED FOR SUMMER VACATION
For once I can disclose this information. The office will be closed for six weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. But I expect to remain in Paris, and probably in the office, since I want to have everything planned and ready when the renovation starts. I also need to put in place the team I need to run this project, even though the guest turnover will be slower than that of the standard vacation rental.

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 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%.

I would like to remind everyone there will be no August issue.
Best regards,

ANSWER

This situation exists because, by law, the call for a general meeting of the condominium association (convocation à l’Assemblée Générale) and the minutes of the meeting (procès-verbal de l’Assemblée Générale) must be sent by registered mail.
In the USA, in some situations, legal documents must be served in person. There is no document signed, as the person doing the serving acts under the terms of a legal procedure and their words are gold in a court of law.

In France, the bailiffs (huissiers) have a monopoly on similar services. Their profession has full credentials to represent the state and therefore their deliveries are treated exactly the same way as in the USA in a court of law.
In the USA, when something does not have to be delivered in person, one party can prove in a court of law that another party accepted delivery of documents or objects using records from any kind of courier. Therefore, using companies like FedEx, UPS and DHL works for legal purposes in the USA.

In France, there are countless situations where the law requires documents to be sent by registered mail. Doing otherwise means the document has never been sent legally, even if it is possible to prove that the person received it.

It is this legislation that obliges the call for condominium associations’ annual general meeting or special meetings, as well as the minutes of those meetings, to be sent by registered mail. As the law has never been changed, today the syndic must still prove those documents were sent that way. But now the manner of its sending has become digital.

The main reason is that each mailing, if done by registered post, costs between 10 and 20 euros to send. That does not include the cost of getting everything printed, stuffed in A4 envelopes, carried to the post office, stamped and sent.
About five years ago, the French administration started to give some private companies high-security licenses to send registered letters by email. The technical stumbling block was proving that the right person received it. In the beginning, the procedure was complex, as such companies asked for a PDF of a French national identity card attached to a long form gathering all kinds of information to have access to the document. The procedure evolved, however, and the companies can now use the syndic database to facilitate the needed clearance regarding the identity of the person receiving the document.

The sealed document was sent to you by one of those licensed companies, AR24, which is a major player in this field. The French cell phone number is associated with the account you have with the syndic. This way AR24 recognizes the telephone number. Then the standard procedure is that the person receives a confidential code in a text message and enters it in the program to unlock the document.

I can only guess what happened when you went directly to the AR24 website. Only the companies needing this service would contact them this way. So probably within a few clicks you received an estimate of what it would cost to purchase such a service if you were a syndic, for example. Indeed, your having done this allows you to see how the new procedure saves so much money. For a small copropriété of 20 owners, each postal mailing would cost about 400 euros, plus the cost of everything else needed to send it.

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

Newsletter Subscribers

Loading