Marriage and career at risk - in France - please advice

[jetlagged]

I'm a non EU national and have been living in France for the last 4+ years and have been married to a French citizen (for the last three years). I had filed for a carte de résidant more than 15 months back but still don't have it. Meanwhile the marriage itself has run into doldrums and my partner wishes a divorce.

At the same time I moved to a new job six months back in a highly reputed French multinational company. It's the kind of job that I'd been waiting for ever since I got out of university. But it's in a different city so me and my wife are living 500kms apart. I never found a job in my field in the same city as her and she is totally unwilling to quit her job and move.

I'd come to this country for my partner, learnt the language to the point of fluency, yet struggled to find a job here. I'm an engineer with a masters degree from a reputed American university (I'm not American however). I've worked hard to come to this point in my career and I'd worked hard for the relationship and feel pretty nervous about losing both at the same time. A failed marriage is already too much to handle at this point of time.

If we do file for a divorce, how would it impact my status as the carte de résidant that I was supposed to get was based on it? Should I wait for the carte de résidant with my partner impatient to get a divorce, not knowing when this visa will come and running the risk of being called a 'fraud' if we file for a divorce immediately afterwords.

Or should I request my employer to file a work permit for me instead? I hear getting french work visas is really hard and companies are reulctant to file. Besides I'm scared bringing the whole case to my company might itself put my job in jeopardy.


I'd appreicate any advice, experience.

[maise]

Hi jetlagged..if you're still posting on this forum, our situations are similar in some ways. I hope you found some answers to your questions.

I'm a Canadian citizen and I've lived here in France with my partner (native of France) for almost 3 years. My visa de long sejour expired in October 05 and I'm still waiting for the Prefecture to issue a new visa to me.

I have been trying to get a work visa for over a year..with no success. I just called the Prefecture office again..and was told that no one is 'occupied' with my application. I was told to come into the office again and talk to someone there. The last time I went we waited for 2 hours to be told that I just had to write a letter to the Prefecture explaining what I wanted. I wrote a letter in December and called back in January and was told then that my application was in progress. Apparently nothing has been done in the last month.

Last fall, I had written the Rectorat (education) in the nearest city asking for support in obtaining my visa. I thought if they could issue a letter to me stating that there is a need for substitute teachers (in English classes) in this region that it might help to obtain a work visa. Their office didn't give me a letter but they called me and offered a job as a substitute teacher in October. Sadly, I was in Canada on a visit when they called so I couldn't accept.

I am a teacher with a degree in education. What I would like to do here is create a bed and breakfast in our home as well as tutor students in English and possibly substitute teach in English classes. I've tried to explain to the Prefecture that a B & B would benefit the tourism of the area...and tutoring students in English would not likely take a job away from a French citizen. I understand that it is difficult to get a teaching position here in France so that likely will never be an option for me...but I would like to be able to pursue other 'venues' to help us out financially.

My partner and I are not married...and I am really at the point of going back to live in Canada because I need and want to work. It's so difficult with the language 'barrier' to explain myself to the French authorities...although it is getting better.

If anyone has some advice, I'd appreciate it! My partner says that I just have to wait - that it is not good to call the office of the Prefecture to see if anything has been done.

[Directive/2004/38/EC]

My partner and I are not married...and I am really at the point of going back to live in Canada because I need and want to work. It's so difficult with the language 'barrier' to explain myself to the French authorities...although it is getting better.

If anyone has some advice, I'd appreciate it! My partner says that I just have to wait - that it is not good to call the office of the Prefecture to see if anything has been done.

I have a couple of questions for you:

Do you live together and have a long (3 year?) history of documentation (like joint bills) that shows you as a couple?

What does your partner do for work?

You could also think about moving to another European country together, live and work there for a short while (your partner should work and you can too), and then move back to France on the basis of being family member of an EU citizen who was exercising treaty rights and is now returning to France.

This is often called the Surinder Singh approach, and the court judgment applies to all European countries. As an example, see the UK visa handling procedures for it at: http://tinyurl.com/ysxosn

[maise]

hello directive..thanks for your response. My name is on our rental lease for the house we've been living in for almost 3 years and it is also on our EDF bills. My partner is an artisan - self employed.

I'm still reading up on the Surinder Singh information..I'm not sure that would work for us since my partner has his business here and would not want to move to another country.

In the meantime, do you think I should continue going to the Prefecture office or is it best to wait? Honestly, it's very difficult just to wait. I am concerned that nothing is being done about my application and I am nervous living here without a visa of some kind.

edited to add: I'm going to suggest to my partner that we get a joint bank account as mentioned in the Singh information from the link that you provided.

[Directive/2004/38/EC]

Why kind of visa do you have presently in France?