Want to become a resident in France

ozbrit · Post by **ozbrit** » Thu Feb 04, 2010 7:20 am

I have looked through the forums and I understand that if I marry my British boyfriend and he becomes a resident I can become a resident from a tourist visa after he does.

My question is... We are employed by a UK company so we have an English working contract and get paid in pounds into an Enlgish bank account. Will this effect either of us being able to become residents?

We are placed in France for about 7 months of the year with possibility of longer employment. We have our accommodation provided to us on a campsite.. so no rental agreement and no bills but we could probably get a letter from the campsite stating that we live there for more than half the year. Is a letter enough?

ozbrit · Post by **ozbrit** » Thu Feb 04, 2010 7:23 am

Sorry I forgot to mention I am Australian

Post by **John** » Thu Feb 04, 2010 7:49 am

Your British fiancÃ© has the right to live and work in any EEA country, including France. Once you are his wife, you will have the same EU Treaty Rights, as long as he is exercising his EU Treaty Rights in that country.

You will need to apply for a Residence Card within 3 months of moving to work. I shall leave it to others to post about how you go about that in France.

ozbrit · Post by **ozbrit** » Thu Feb 04, 2010 10:01 am

Thanks for that John. So it shouldn't be a problem that we will be in France working for a UK company and getting paid in pounds?

Post by **John** » Thu Feb 04, 2010 10:28 am

It would be helpful if someone living in France could reply, but my feeling is that you need to comply with French income tax and social security laws, even if you are being paid in pounds.

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 12:35 am

Yeah I am thinking that too... I just wish I could find out definately.

I would also like to know, do I need to arrive with my partner or can I meet him at the airport? What if I couldn't meet him at the airport? I know I need to have my marriage certificate on me when I arrive.

Any help is greatly appreciated

republique · Post by **republique** » Sat Feb 06, 2010 12:20 pm

ozbrit wrote:Yeah I am thinking that too... I just wish I could find out definately.

I would also like to know, do I need to arrive with my partner or can I meet him at the airport? What if I couldn't meet him at the airport? I know I need to have my marriage certificate on me when I arrive.

Any help is greatly appreciated

Since you are Australian, immigration isn't going to insist your travel with your partner since you can visit on your own merit.
You can work in France if you have a work permit or you are married to your BF and he is resident in france.
This 6 to 7 months in France makes you liable to pay French taxes.
You do not explain your arrangement for working in France. Are you working for your UK company and providing services to a French client or are you working for a branch for you company. In any case, your company should know that they should apply for a temporary secondment visa for you. http://www.workpermit.com/france/france.htm

Do not think you can work in France until you are married to your BF and given the documentation from France that they acknowledge this right or until your company has provided you a secondment visa. I think the secondment visa would be the most straightforward and quickest for you.

ozbrit · Post by **ozbrit** » Sat Feb 06, 2010 10:54 pm

I work for an English holiday company. So mainly English customers but also Dutch, German, Danish and a few French (not many though).

If we get married before we arrive in France, will I be able to work straight away?

republique · Post by **republique** » Sun Feb 07, 2010 10:10 am

ozbrit wrote:I work for an English holiday company. So mainly English customers but also Dutch, German, Danish and a few French (not many though).

If we get married before we arrive in France, will I be able to work straight away?

I think now is the time is to utilize workpermit.com

Ben · Post by **Ben** » Sun Feb 07, 2010 12:15 pm

republique wrote:You can work in France if you have a work permit or you are married to your BF and he is resident in france.

No, ozbrit can also work in France if she is the partner with whom a UK national is in a durable relationship, duly attested, and who is also resident in France in accordance with Directive 2004/38/EC.

Work permit not required.

Post by **John** » Sun Feb 07, 2010 12:20 pm

a durable relationship, duly attested

Do we know how France is interpreting this expression?

Ben · Post by **Ben** » Sun Feb 07, 2010 12:47 pm

John wrote:
a durable relationship, duly attested
Do we know how France is interpreting this expression?

I don't. My French is useless, but I think France's implementation of Directive 2004/38/EC is here.

republique · Post by **republique** » Sun Feb 07, 2010 4:11 pm

benifa wrote:
republique wrote:You can work in France if you have a work permit or you are married to your BF and he is resident in france.
No, ozbrit can also work in France if she is the partner with whom a UK national is in a durable relationship, duly attested, and who is also resident in France in accordance with Directive 2004/38/EC.

Work permit not required.

That is considered as PACS and she will have to look up the rules.

ozbrit · Post by **ozbrit** » Wed Feb 10, 2010 1:18 am

ok, I've just been to see a woman at the French consulate and she told me that I need a visa first if I want to stay longer than three months. She said if I want to become a resident while I am over there without a visa I will have to come back to Australia to apply (which would be soooo bloody expensive). She also said I would need tickets back home. Please help me. We are getting married this Saturday and we just want to get back to France. I would like to have time to put SOME input into my wedding day without having to worry about this visa stuff.

republique · Post by **republique** » Wed Feb 10, 2010 1:28 am

ozbrit wrote:ok, I've just been to see a woman at the French consulate and she told me that I need a visa first if I want to stay longer than three months. She said if I want to become a resident while I am over there without a visa I will have to come back to Australia to apply (which would be soooo bloody expensive). She also said I would need tickets back home. Please help me. We are getting married this Saturday and we just want to get back to France. I would like to have time to put SOME input into my wedding day without having to worry about this visa stuff.

No that is ridiculous.
If you are a legal resident of the UK, then you can apply from your country of residence being the UK.
You must be a legal resident to be employed by a UK company unless you are saying you have been illegal all this time.
Are you making this stuff up so you can get answers without doing research?

ozbrit · Post by **ozbrit** » Wed Feb 10, 2010 1:36 am

My unmarried partner visa has expired and I have just been refused another one... meaning I am no longer a resident in the UK. I have found out I can work for the UK company as long as I am not IN the UK.

But in order to do that I must be able to be in France.

I am not making this up, I am trying to get to France as quick as possible, whilst sorting out my appeal for my UK visa and trying to organise a wedding in a week.

I am sorry if some of my words aren't making sense... This is a very stressful situation and the more time it takes the more money it is costing us.

Wanderer · Post by **Wanderer** » Wed Feb 10, 2010 2:05 am

ozbrit wrote:My unmarried partner visa has expired and I have just been refused another one... meaning I am no longer a resident in the UK. I have found out I can work for the UK company as long as I am not IN the UK.

But in order to do that I must be able to be in France.

I am not making this up, I am trying to get to France as quick as possible, whilst sorting out my appeal for my UK visa and trying to organise a wedding in a week.

I am sorry if some of my words aren't making sense... This is a very stressful situation and the more time it takes the more money it is costing us.

The problem with EEA route is there are so many pitfalls and barriers due to intepretations and misguidance and langauge you can't really plan anything, just apply and wait and address all the issues as they come.

Can ur employer not arrange a work permit for you?

ozbrit · Post by **ozbrit** » Wed Feb 10, 2010 2:09 am

I don't want to bring it to their attention about my visa. They might not take me back, as I didn't realise we have been working illegally last year and the year before.

*edit - In France that is

republique · Post by **republique** » Wed Feb 10, 2010 10:44 am

ozbrit wrote:My unmarried partner visa has expired and I have just been refused another one... meaning I am no longer a resident in the UK. I have found out I can work for the UK company as long as I am not IN the UK.

But in order to do that I must be able to be in France.

I am not making this up, I am trying to get to France as quick as possible, whilst sorting out my appeal for my UK visa and trying to organise a wedding in a week.

I am sorry if some of my words aren't making sense... This is a very stressful situation and the more time it takes the more money it is costing us.

Just incredible. Why do people only give you half the story? You didn't think it was important to mention that you don't have a visa, most info is predicated on that you are legal. That was why I thought you were making stuff up as you go along. However it is the other way out. You are just leaving stuff out and making it harder. I'm out. Who needs this?

Ben · Post by **Ben** » Wed Feb 10, 2010 12:32 pm

ozbrit wrote:I don't want to bring it to their attention about my visa. They might not take me back, as I didn't realise we have been working illegally last year and the year before.

*edit - In France that is

How do you feel you were working illegally when in France?

I thought we had established that you are the partner with whom a British citizen is in a durable relationship, duly attested, who was also resident and working in France at the time?

ozbrit · Post by **ozbrit** » Thu Feb 11, 2010 10:24 am

Sorry for leaving that part out. My head is a mess and I have been posting what's been happening in other forums trying to figure out how to get back and have just got a bit mixed up.

So is it that I need to be a resident in UK to go the EEA route to become a resident in France? Is this why I now need a long stay visa to become a resident in France? I have been doing as much research as I can but I just sent my appeal off today after having to research all of that route.

I understand you said I was ok as the partner of a British citizen, but France doesn't recognise unmarried couples. Therefore I don't think I was legal. Plus he did not register as working in France because we thought it was ok working for a UK company, for the both of us. I didn't realise that I wasn't legal there at the time and at that time I had my unmarried partner visa.

ozbrit · Post by **ozbrit** » Thu Feb 11, 2010 10:45 pm

Oh my gosh, I think I have just aswered my question...

http://www.ambafrance-au.org/france_aus ... rticle3333

second paragraph...

The foreign spouse (and children under 21 years old) of a non French citizen of the European Union does not require to apply for a visa to settle in France with her husband/his wife in order to obtain a residency card (carte de sÃ©jour).

I have been looking at so many sites, and this is the site that the woman at the consulate brought up to say that I DID neede a visa. How can SHE not know this? I don't understand all the stuff contradicting each other on all the different site, but I will just have to go by this one.

I'll go in again next week and point this out to her. She's only there on Wednesdays and Thursdays.

Sorry if I haven't been making mush sense guys, feeling a bit more head clear now I have sent off my appeal for the UK unmarried partner visa... I'm getting married tomorrow!!!

pierre75 · Post by **pierre75** » Mon Feb 15, 2010 11:47 pm

Regarding European partnerships, France and 2004/38 :

Since the law of May 12, 2009, France recognizes registered partnership form another European Country at the same level that this partnership is recognized by the country which registered it.

More or less :

France does recognize registered partnership from another EU country when it is recognized by this country at the same level than mariage.

France doesn't recognize unregistered partnership except somes limited cases.

France doesn't recognize registered partnership from another European Country when this partership isn't recognized at the same level than mariage by the country which registered it.

http://multinational.leforum.eu/t424-Fr ... peenne.htm

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Want to become a resident in France

Want to become a resident in France