July-August 2024
I would like to wish you all a great summer and a very nice vacation,
enjoying the freedom of the moment.
I will close my office on July 5th.
Summertime, and the livin’ is easy
Fish are jumpin’ and the cotton is high
Oh, your daddy’s rich and your ma is good-lookin’
So hush little baby, don’t you cry
One of these mornings, you’re goin’ to rise up singin’
And you’ll spread your wings and you’ll take the sky
But ‘til that mornin’, there’s a-nothin’ can harm you
With daddy and mommy standin’ by
One of these mornings, you’re goin’ to rise up singin’
And you’ll spread your wings and you’ll take the sky
But ‘til that mornin’, there’s a-nothin’ can harm you
With daddy and mommy standin’ by
During the years when my wife was singing more regularly, I often asked her to include this song in the program or otherwise find a way to be able to sing it.
Although I was never certain how much the lyrics made sense, watching the opera Porgy and Bess a few times helped me to understand the context and have better insight into what Bess was singing as a lullaby.
WIKIPEDIA
“Porgy and Bess is an English-language opera by American composer George Gershwin, with a libretto written by author DuBose Heyward and lyricist Ira Gershwin. It was adapted from Dorothy Heyward and DuBose Heyward’s play Porgy, itself an adaptation of DuBose Heyward’s 1925 novel Porgy. Porgy and Bess was first performed in Boston on September 30, 1935. …The libretto of Porgy and Bess tells the story of Porgy, a disabled black street beggar living in the slums of Charleston. It deals with his attempts to rescue Bess from the clutches of Crown, her violent and possessive lover, and Sportin’ Life, her drug dealer. The opera plot generally follows the stage play.
It would be easy and thus lazy to find parallels between scenes in the opera and what exists today in American society. This opera is sad. A common saying is that all the great operas end with the soprano dying on stage while singing. Another one often used is “It ain’t over till (or until) the fat lady sings”. There is none of that in this opera.
I am fascinated by the fact that an opera composed by a Jew, about exploited African-Americans, found an audience and is now considered a classic work of the early 20th century. It also shows them eking out a miserable existence that includes fights, drunkenness, and drug abuse. How can such a somber story about African Americans living in such conditions be so popular?
This year, for many people, summertime is associated with fear, high-stakes choices, and violent rhetoric. I thought about taking the song “Summertime Blues” as my theme, but I already used it in the past and I do not believe it really fits the situation. I might believe that it is just me being affected this way, except that I have rarely heard conversations this year about summer vacation plans and people getting excited about going away. This is unusual for the month of June when I am used to hearing about people getting ready at the last minute and counting the days before going on vacation.
This issue is on the short side, and one of the reasons is that I did not find much to write about that I wanted to share. I am looking forward to these weeks of vacation, as I know I am going to have some really nice times. I also hope that all of you will enjoy your summertime.
THE FRENCH LOGIC SUSTAINING THE SYSTEM
I often remind my readers and clients that the 1789 French Revolution led to the Napoleonic government, which exercised strong power over the population to protect their freedom from the power of the aristocrats. There is still a belief in France that the state protects the people and secures their freedom. But the two terms of President Emmanuel Macron, as well as those of some previous presidents, have significantly eroded this belief and a growing minority now fears the authority and administration of the French government.
By contrast, the birth of the USA stemmed from a revolt against the tyranny of the British monarch. Therefore, it is assumed that the state infringes on the freedom of the people in the USA. Lately, a growing portion of the American population aspires to have the federal government regulate issues to protect what they consider to be their rights, which they see as being taken away. It is interesting for me to see the trends in both countries going in opposite directions.
UNDOCUMENTED ALIENS IN FRANCE CAN EXERCISE THEIR RIGHTS
When it came to many rights in France, when she first moved to France, my American wife was sometimes shocked and sometimes surprised by the fact that undocumented aliens could take their cases to court, go to the police station to file a criminal complaint, and demonstrate in the streets to demand a legal stay – surrounded by police, as is always the case with demonstrations, even the most peaceful ones.
Once when she expressed such surprise it was because a large group was demonstrating on our street and we were looking at them from our window. What amazed her was the significant number of police officers in uniform walking alongside the demonstration, protecting the participants from troublemakers wanting to disrupt it. She wondered why the police were not arresting and deporting the undocumented aliens who were protesting.
At first, this idea might seem to make sense. However, there is a huge difference between the USA and France regarding the rights an undocumented immigrant can exercise. It is only a slight exaggeration to say that if such an immigrant living in the USA were to file in court or press criminal charges at a police station, they could face immediate and automatic deportation. By American logic, they cannot exercise their legal rights because they do not have the right to be in the country in the first place. The immigrants called the Dreamers have had a special status and have been vocal and have strongly advocated in favor of their obtaining a legal stay in the USA.
In France, in-house legal experts of non-profit groups working with immigrants, as well as their outside law firms, use the laws on the books to make sure that undocumented immigrants have their rights recognized as employees, tenants, and so on. A new court decision is critical in that regard. It follows French logic in holding that illegal immigrants have the right to obtain legal aid if they meet all other requirements.
In a decision handed down on May 28th, 2024, the Conseil Constitutionnel ruled that the condition of legal residence imposed on foreign nationals by the law of July 10th, 1991, to benefit from legal aid was contrary to the Constitution.
This ruling, effective immediately, applies to all future cases, including those that were underway and had not been decided by May 28th. Although the context of the decision was a dispute brought before the Conseil de Prud’hommes (labor court), it is of general application, whatever the nature of the dispute, as long as it is likely to give rise to an entitlement to legal aid.
Keep in mind that it takes a documented presence of three to five years in France to obtain legal residency in France. Often it requires taking the prefecture to court. This decision is a game-changer in that situation too.
www.conseil-constitutionnel.fr/decision/2024/20241091_1092_1093QPC.htm
AN ELECTION SEASON FULL OF UNCERTAINTIES
After a New York court announced its verdict in the hush-money case against Donald Trump, I thought for a few minutes that I might use the Elvis Presley song “Jailhouse Rock” for this month’s column. I do not mind being facetious at times! But it did not feel right and it would not have served the purpose. Many democratic countries have sent former leaders to jail after a fair trial. It might even happen in France, considering the series of court cases that former President Nicolas Sakorzy has been losing.
The results of the European Parliament election held on June 9th were not good, so I was not in the mood for goofiness. The dissolution of France’s elected Assemblée Nationale (the French equivalent of the House of Representatives) and the calling of early elections on June 30th and July 7th made the atmosphere even darker, considering what was now at stake. I did not know how to address this topic. But I did have an interesting exchange about it on Facebook, which I used in this column (see Q/A section below), with the approval of the other person.
In the USA, polls put the two presidential candidates more or less neck and neck, within a margin of error. The politicians and commentators on both sides express their unshaken belief that their candidates will win.
The United Kingdom is also having a general election, which the Labour Party could win even though there is little public enthusiasm for its candidates or policies. The current Conservative leadership is so hated by most of the population that people will just vote against it.
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
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.
I would like to remind everyone there will be no August issue.
Best regards,
QUESTION
QUESTION ABOUT BANKING IN FRANCE – PART 1
I am reacting to your June issue where you discuss the French banking regulations. You say there’s a per-month transfer limit set at $8,000, correct? Not a per transaction limit. In the US it is a $10k limit per transaction before it is reported. So one could do $9k per week without triggering any reporting.Anyway, just want to be clear in France it is not $8k per transaction. Thank you.
ANSWER
This question reflects a deep misunderstanding. You are talking about the maximum amount a bank allows a client to wire, whether it is per week, month, or even day. At the same time, you state: “In the US there is a $10k limit per transaction before it is reported.”
French law has lowered to 8,000€ the amount that triggers the regulation requiring banks to report a transaction individually to the authorities.
What I was talking about is an internal regulation within the French banking industry and the regulatory authority, an office within the Banque de France (which is the French equivalent of the Federal Reserve Bank). As you know, every bank must do a complete report of its activities and its solvency ratio.
As I also explained, the bank needs to know the nature of the relevant wire transfer so as to be able to fill out the reporting form. If you as a client of the bank state that you need a monthly wire of 9,000€ to finance your standard of living, then the banker might ask to have an initial meeting with you to get to know you better, and you are unlikely to be bothered after that. Each bank has its own regulations. In my experience with banks in the USA and France, these limits depend on the client. That is what I am trying to explain.
I wanted to inform my readers of the obvious consequences of the reduced limit of transactions that require banks to report such transactions to the government. These include the French bank asking for more information as well as requiring an update on American financial documents because of this higher level of scrutiny.
You say that one could wire frequently just below the limit, but that would not be wise. Do not forget that the branch manager of a French bank is personally and criminally liable for money laundering and tax evasion done by clients. A client wiring in France just below 8,000€ per week would catch the branch manager’s attention, as it would appear to be a very suspicious behavior. Thus if there is doubt and the client cannot explain truthfully, this would immediately trigger a fraud investigation. People in France are much better off wiring a larger amount once a month and communicating openly with the bank.
QUESTION
QUESTION ABOUT BANKING IN FRANCE – PART 2
I am puzzled by the item in your June Q/A column about bank transfers. Since 2006, I have regularly transferred money to our French bank account from the U.S., never for less than 50,000€, and I have never had to provide any documentation for it. Why didn’t that 10,000€ limit apply?
ANSWER
I explained then that the critical issue was the scope and nature of the information the bank manager has on you. One often hears in the expat community that opening a bank account in France feels like being interrogated by the FBI, only worse!
It is true that the bank obtains a lot of information about the client’s net worth, standard of living, spending habits, and so on. You gave American documents about your finances and were transparent about what you needed to live in France. You have maintained the same profile ever since. Your banker is fully reassured and can report. Therefore all this information can enable the banker to explain to the Banque de France the reason for all your international wires.
AN INTRODUCTION TO THE FRENCH ELECTIONS
Regarding the next Q/A, I would never have expected to deal with French politics and national elections in this section, as I try my best to stay away from political issues. But the results of the European Parliament election in early June and the subsequent call for early legislative elections in France are major events with long-lasting consequences that currently are difficult to forecast. I hope the following Q/A, which is based on an exchange on Facebook (and edited for clarity), illustrates what is happening right now in France and explains the dynamics that brought us to this point.
QUESTION
EXCHANGE ABOUT THE FRENCH ELECTIONS
After President Macron dissolved Parliament on Sunday night, various parties scrambled for alliances. Eric Ciotti, President of Les Républicains, the conservative party that De Gaulle started in 1947 under the name RPF, went – without consulting his fellow party members!! – to Marine Le Pen, who represents the far-right party. The other Républicain party leaders said, in effect, “Over my dead body”, and brought a lawsuit against him.
And I haven’t even told you about the drama on the Far Far Right and the confusion on the Left. Indeed, I believe Macron thought people would vote for the center but that’s looking less and less likely.
On the other hand, in my opinion, it was the only thing he could try. The relative majority he’s been dealing with since 2022 has been disruptive enough. If he continued with the same chamber PLUS Le Pen’s RN – buoyed up by their European results for another three years – it would have been chaos anyway.
What is sad is that the Left is papering over its (wide) differences as best they can to present a united front for the election, but those differences will have to be dealt with themselves later if they win. I’m not sure today’s Front Populaire is as solid as the short-lived 1936 one, especially on today’s international issues. We shall see.The right is shattered and shows its irreconcilable differences. The result is that the “united” part is more to the right than some voters would prefer. The risk is that they win and then can’t provide what their most fervent voters want.
ANSWER
Thank you very much for this comment. I could not have explained the current French political situation any better. You give a good description of the resurgence of the two pillars of French politics since the 1930s, with conservatives and progressives alternating in running the country. Indeed, for people who know French history, what is happening now is a re-creation of the traditional political spectrum: the left finds a way to be united, while the right always has a stable and united front. President Macron managed to tear down this model for a while, but now it is back, except that the far right has replaced the traditional conservative party. Its return clearly shows that he has lost momentum and his party will likely do poorly in the coming election.
Macron thought he could disrupt everything and recreate a “center” strong enough to support his policies. Instead, his political party is rapidly dwindling. He is on the way out, with a “cohabitation” government coming fast. We do not know which side will govern with its prime minister.
I remember my teacher in constitutional law explaining that there had been four poles on the French political spectrum since the time of the French Revolution of 1789. Two poles are on the right, of which one is nationalistic. Currently, it is the RN, but for most of the Fifth Republic, the party created by General de Gaulle represented this pole. The other is international and is now represented by President Macron and the MoDem party. Similarly, of the two poles on the left, one is international (Socialist Party and allies) and one is nationalistic (Jean-Luc Melanchon’s party, La France insoumise).
As you say, Les Républicains are the current incarnation of the party started by General de Gaulle. They are de facto being taken over by the RN and about to disappear. What an infamous end! What is astonishing is the revival of the “Front de Gauche,” which few would have foreseen. Similar coalitions existed in 1936 (Front Populaire) and 1981 (Mitterrand’s election), and at some other times in less striking form. In short, you are totally right. It is impossible to predict the outcome of this election, starting with who will win and, more importantly, will whoever wins be able to govern.
QUESTION
THE ISSUE OF FINGERPRINTING AT THE PREFECTURE
I obtained over a year ago my long term visa through VFS-Global in Boston. I registered it shortly after landing in France without any problem. I was told to renew it about four months before its expiration date, which I did pretty much at that time. A couple of weeks later I received the decision that my renewal request was approved. This was about nine months ago. These last months I called the prefecture and was told that the case was pending. I sent messages and never got any answer until now. They sent by email an appointment for me to go to the prefecture to complete my file, as I must be fingerprinted!!!
So now I am really scared, and I have several questions.
1. Even though I received the attestation of approval of my renewal request in November, does this mean that there is a problem with my dossier?
2. I have a reservation to fly to LA on July 20th. Do I need to respect this convocation no matter what? Should I try to change my flight? 3. I still don’t understand why the fingerprinting is needed and why the procedure is starting all over again.
4. I checked my online space and they no longer show the attestation de acceptation. Does it mean that my renewal request is now denied?
5. Do you think they have lost my dossier?Thanks so much for whatever explanation you can give me.
ANSWER
You have asked many questions. I first need to explain what happens during the meeting with VFS-Global. At that meeting, you give the documents needed, you get fingerprinted, and your picture is taken. When you get your passport back from the French DC consulate, you see your picture on the visa. When you register your visa, a few documents – including your fingerprints – and a little information are passed to the prefecture of your residence at that time. Therefore, when you renew your immigration status on the website of ANEF “Étrangers en France”, you submit an entire file as if the French administration has never had your original dossier. Approval of the renewal is only possible after your fingerprints are added to the file and sent to the prefecture. Indeed, the chip on the carte de séjour has the fingerprints.
That is the scenario where everything goes well. Now I would like to review what happened to you and why it went wrong.
1. You were informed that your renewal request had been approved
The only explanation I have is that the person working at ANEF found your fingerprints and they seemed fine. The file was therefore complete. You got the approval document titled Attestation de Décision Favorable, so it went to the prefecture.
2. The prefecture rejected the fingerprints
I can imagine how this could have happened. A civil servant at the prefecture got the file with everything and tried to validate it. The system refused and it did not go through. The conclusion was that the quality of the fingerprints was too poor for them to be accepted. The file was set aside.
3. The prefecture issued an appointment
Eventually, someone looked at the file, saw the problem, and asked you to go to the prefecture to be fingerprinted. Incidentally, the terminal they use stores your fingerprints directly in your prefecture file.
4. This rendered the attestation de décision favorable null and void
As soon as the prefecture takes over the procedure, this document is no longer valid. For one thing, the file does not have the fingerprints. The prefecture will approve your file once it is complete and it will give you arécépissé, a paper ID document, usually valid for six months, so that you can prove that you are in France legally while the procedure is being completed.
5. Getting the récépissé requires bringing recent pictures
As with many documents requested for the prefecture, you must provide recent photos. The e-photo you submitted with the online ANEF procedure is now several months old and is no longer considered valid. This is why I am sure you were asked to attend the meeting and bring passport photos.
To answer your last two questions:
1. I strongly advise you to change your plane ticket and attend this meeting. It will be quite difficult to get another appointment and in the meantime, you will have no valid document proving your stay is legal if you travel outside of France (e.g., to the USA). Therefore, you would need to have extremely serious and compelling reasons to miss the prefecture appointment.
2. The French administration is unlikely to have lost your file, nor is it denying you the right to renew your immigration status. It was dealing with a rather basic technical issue that led to an error of judgment. It was never about something you did, even though I fully understand and respect your anxiety and the fear fueled by months of silence from the prefecture.
My experience is that this problem has been occurring more frequently in recent months. I may be biased, but I believe it could have to do with the poor quality of VFS-Global’s work.
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.