Individual Entrepreneur?

- QUESTION

I am American citizen married to a French citizen, I just got the right to work in France. I want to work as an individual entrepreneur. A friend advised me to open a new bank account? Is this necessary?

ANSWER

Legally you don’t have the obligation to open a new bank account for this type of business, but it’s true that it would help your business. You will need to keep accounts of your business and therefore tell the difference between personals and professionals cash flows. A business account would help you in this process but is not mandatory.

Apply for a Permanent Resident Card

- QUESTION

I am an American who has just finished her studies in France, my carte de sejour (residence permit) expires, it allowed me to study for four years in Paris and even work for the university. Can I apply for a residence permit? I would like to stay here indefinitely and think about my future.

ANSWER

The only way to have a carte de sejour is to justify a legal presence of 3 years in France, although 5 are preferable. Only a small number of residence permit give you this right, the one mentioned “employee” gives you this possibility, and it’s recommended to have a permanent contract. In your case, a residence permit or visa student doesn’t give you the right to apply for such a request. You would have to find an employer who sponsors you.

A Permanent Resident Card ?

- QUESTION

I am an American who have been working for 7 years in France, I have a CDI but I have to renew my residence permit every year because it depends on my employer; a compatriote of mine told me about a resident card that allows him to work in France. What is the difference with my residence permit?

RÉPONSE

The resident card is in some ways a long term residence card, it lasts at least 10 years and is renewed automatically. To apply you must have worked at least 3 years in France, usually the authorities automatically delivers it after 5 years. You can make a request, you should have no problems. As long as you can prove that you have lived in France, and you are not a threat to public order, so no criminal record, this is not a problem. To do so, please contact your prefecture.

To settle in France ?

- QUESTION

I am an American and French citizen, I have two passports. I recently married an American man and wish to settle in France. What should I do? Can I go to France?

ANSWER

If you have both citizenships, you can go to France without any problems. However you must apply for a visa for your husband, a “carte de sejour” to the French embassy nearest to your place of residence in the USA. Then once in France, you must apply for a residence card for your husband, of course the procedure can be long but it will give him the right to work in France, and this should not be a problem in your case.

Could I have two principal residences ?

- QUESTION

I fell in love with a French woman but we have no plans to be engaged or married yet. For monetary reasons, I remain 1 month in France with her, then I go back to the USA, I stay two weeks and I returned to France and so on. Working from home, it helps me a lot and I don’t want to live totally for now in France, but I wonder if our situation is legal? Can I have two principal residences?

ANSWER

Yes and no. For you as a US citizen, be careful not to exceed 90 days or you will be obliged to apply for a visa. Then please take into account that as an American you have to stay at least 183 days in the US, if you don’t want to have tax issues, for your business it’s better. Then if you work from home, you can try to apply for a residence permit for one year, but in any case you will have to make a choice, because you can’t have two principal residences particularly in two different countries.

Back to the States without visa.

- QUESTION

I am an American tourist who returned to France for 90 days but it's been 10 months since I was in Paris. I want to go back to the States, but I'm afraid to be in a serious situation, can you help me?

ANSWER

Indeed, your situation is complicated. If you exceeded your visa by more than 90 days, I would advise you to get closer to your nearest consulate. You can’t go to the airport because when they’ll ask for your passport, you may be taken away by the immigration authorities. The best thing to do is to go to your nearest consulate, to tell them everything, in good faith, that you want to leave French territory, and a person of the consulate will probably go with you to the airport to present you directly to the police on site.

The desire to leave the country can work in your favor, but that doesn’t prevent you to be banned from the French territory for a few years and a maximum prison sentence. The most important is: Don’t go alone to the airport and especially don’t get arrested because any control can be fatal if I may say. Do not stay without doing anything.

Working conditions and abuses.

- QUESTION

I would like to ask you what are the business rules in France, being American, I don’t understand why my boss forbids breaks and using the toilet during our service. We have not even 15 minutes to eat, my other friends that I made here don’t have these working conditions. Is that an abuse?

RÉPONSE

First you have to know what type of contract you have. In France, unfortunately many abuses are committed against the interim, these people are employed by temping agencies. You must contact your agency because your are not working for your company but for the temping agency. If this is not your case, it depends on your employment contract but whether permanent or temporary, you are anyway entitled to breaks at least 15 minutes every 2 hours. The best thing to do is to read the collective agreement of the company, all rights are written. I encourage you to do it. The final very important point is that, even if the bosses don’t like it, in no case going to the the toilet can be considered as a break, you have the right to go there. The easiest way is to get closer to your colleagues and see their situation, if there is an abuse, as a last resort you may want to see your union delegate, but the dialogue is always the best solution.

Restaurant tickets?

- QUESTION

I just get a CDI and every month I receive a book of restaurant tickets. It made me realize that I could buy food with, yet I earn more than minimum wage. I don’t understand, is that an aid?

ANSWER

In fact it’s indeed an aid or more an advantage that your employer gives you. The amount can varied, the principle is that usually you pay half the amount of the ticket and the rest is paid by your employer. It’s like if we take out € 100 and you get € 200 in tickets. Although the amount is imagined.

You are entitled to one restaurant ticket per working day, which excludes paid holidays, sick leave and RTT.

Most cafes, restaurants, fast food accept these tickets, so you can enjoy. These tickets apply to all employees of the company without consideration of position or salary. Please be careful, rare are the restaurants that will give you the change on such tickets.

Hiring a fellow countryman ?

- QUESTION

I am a US citizen who owns a small business in France, can I hire another US citizen easily?

ANSWER

Unfortunately it’s complicated. You can’t hire him without undertaking a long and very expansive procedures particularly for a small business. Except if this American have a carte de sejour, it’s quite difficult. You don’t have the right to hire him and make a written contract without asking to your local authorities to file an application. It will require you justify hiring him. If you hire him without the approval of the French authorities you risk a huge fine, or even imprisonment.

Law n° 78-17  ?

- QUESTION

I just found a job in France and when signing my employment contract, a law 78-17 was mentioned. I understood that it was about my personal information. Can you tell me more?

ANSWER

This law provides information that the employer can keep about you on a computer. You have the right to see such information at any time and correct them as necessary. The company can’t oppose it.

France and my next visa

- QUESTION

I am American and I just finished my studies in France. I just applied for a visa and wanted to know if I can work in France pending my next visa?

ANSWER

It’s important to take into account that a minority of visa or residence card allows you to work in France. On the other hand, during any change of status and especially if your visa has expired, you shouldn’t be on French territory, and more importantly, you can’t work while waiting for your residence card or visa. This is reprehensible by law. If you get caught working in any way whatsoever by the French administration, this can prevent you from getting your residence card. Also if you don’t have a visa, it’s associated with illegal labour. It's a bit like the French working illegally in the States without a green card or work permit. Far be it from me to judge you, but this is considered as a crime, or at least that's wrong in the two countries. It’s better to go back to the States and wait for your visa.

Engaged and come to France ?

- QUESTION

We are an American couple living in Ohio. Just recently we get engaged.

My fiance works for a French company here, he was offered a post 3 years in Paris, an offer he can’t refuse. I was wondering what will be my status, as a bride, should I ask something or the company will? Also would I have the right to work in France? I am a jewelry designer, I own my own business, can I continue to practice my business?

ANSWER

In fact your case is particular. The French government only recognize wives for foreigners, no girlfriends or Fiancées can apply for a visa. Your best option is to get married before the company makes the visa application. In this case the French authorities will give you a visa to follow your husband. However you have no right to work in France, surprising as it may seem. You can try to found a employer who will sponsor you but I doubt that you can combine the two statuses, it’s best if you can try to relocate your business in France, however you will have to prove that your business is profitable, allowing you to support you financially.

- QUESTION

I am an American student in France who sees her residence permit would soon expire. I was successful to get a job in France as a translator, my future employer wants to sponsor me and make me a letter proving my future hiring.

I know I have to go back to the States and request my visa and residence permit there, but I wanted to know if my residence permit was conditional on the job or especially if I could found another one once in France.

ANSWER

To answer your question, you should know that there are different types of residence permits. Some depend on the type of sector in particular, by that I mean a specific job, others are geographical. The best option is to come to France with an employee residence card, which will allow you to do any work, except for certain regulated professions, but you can change jobs. However the labor market in France is radically different than in the states and even in times of economic crisis. The French rarely quit a job to look for another, but seek while continuing to work, which does not happen too much in the States. Also be careful to see the date of validity of your residence permit, its duration can varied, one year or two, but you must be able to justify a job in which you are competent while its renewal, and I doubt that this applies to any job. I do not doubt your skills but the French authorities tend to look carefully at the type of job and sometimes request a letter from your employer to prove that he couldn’t find a French for this task.

The wage and social rights

- QUESTION

I'm American and I just get a first CDD (fixed-term contract), I have a long-term residence permit, but I would like to know if I have the same social and labor rights as French people?

ANSWER

As long as your papers are in order and by that I'm referring to your residence permit, you have the same social rights as any French employee. If you lose your job or you don’t have one anymore, you can register at the French employment agency and receive the “ASSEDIC”. Of course as a foreigner, a job commission will judge your case, but in most cases there is no problem. However, if you quit your job you will lose your rights and pay attention to the expiry date of your residence permit because for the renewal you may be asked to justify a job in your initial sector.

A student visa

- QUESTION

I am American and my student 6 months visa will soon expire. I would like to continue to practice my French, and may I stay as a tourist for an additional 3 months to the end of my visa and then reapply for a new visa. I was told that as a US citizen I could stay 3 months in France without a visa.

ANSWER

As a US citizen you have only one solution. In fact everybody has to leave the French territory at the due date of its student residence permit. However, as an American you can indeed stay 90 days in France. The easiest way for you is to go at least one night abroad, for example in Belgium or better in England, the advantage with the English is that they’ll stamp your passport. Then you go through such a weekend in London, combine business with pleasure, you keep all the hotel bills and train tickets and airplanes, then you can return in France and justify your departure from the territory when your residence permit expired.

However in 90 days, the only way to stay in France is to request a long-stay tourist visa or renew for student.

The only problem is that this requires to return to the US and apply in the same French Embassy or Consulate where you applied the first time. In the case of a long term tourist visa, you will have to prove that you can afford it because you won’t have the right to work in France. Sadly wanting to learn French, is an argument that does not really matter in view of the French authorities.

A work visa?

- QUESTION

Can you tell me if it is possible to apply for a work visa in France. Being American, I came as a tourist in England, and after I came to France to visit without a visa. I stayed in France for more than 6 months.

ANSWER

Legally exceeding three months is a problem. In fact to put it in simple terms, you are in an illegal situation on French soil, it’s impossible or unfortunately very difficult to get a work visa in France, unless an employer sponsors you. In any case, I would advise you to get closer to your nearest consulate as soon as possible so it advises you, on the other hand it’s better to go back to the States and apply for a work visa for France there. Even if you have to be in a very lucky day to see one of those. But don’t stay long without doing anything.

Back to France, who should I notify ?

- QUESTION

We are a Franco-American couple who after living 5 years in Miami, has just returned to France. My American woman has a residence card but I'm a little lost, does the law require us to prevent any institution of our return in terms of our status?