Personal Historic Guide Vezere Valley

May 7, 2008

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Odd jobs – Services à la personne

December 1, 2007

If you need work done, such as ironing, gardening, cooking, shopping or even a little light DIY, ring 3211 to obtain a list of local recommended agencies and associations that can do it. There are services aimed at the disabled and elderly, children can be taken to and fetched from school, help with schoolwork and child minding and help with computer and administrative problems. It all depends on what’s available in your area. It’s up to you to contact the associations on the list yourself, and find out how they want to be paid, but many of them use the CESU (cheque emploi service universel) which greatly simplifies the paperwork for all concerned.

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Planning Ahead – Retiring To France

December 1, 2007

One of the most unfortunate outcomes of retiring to France for British couples is the unforeseen and often sudden ill health or death of a much-loved partner.

This is devastating enough wherever you are, and can be more so if the correct legal preparations have not been set in place. You cannot see into the future but you can learn from other people’s experiences, and by exercising foresight, a lot of extra anguish and heartache can be saved.

The following case studies are based on real life situations but the names and some of the circumstances have been changed to protect the identities of the people concerned. However, the consequences are fact.

Case Study 1 – Civil Partnerships

Elizabeth and Susan were in a long-term relationship for over thirty years and had entered into a UK civil partnership, a legal relationship giving them similar tax rights and advantages as married couples in the UK. They liked to drive over to France and spend time in their house in the country which had been paid for solely by Elizabeth, but was owned under a clause tontine, a joint tenancy clause that in France allows the property to pass directly into the hands of the survivor on the first death. As they were nearing retirement age, they planned to move to France for a quiet and enjoyable life. Unfortunately, before this happened, Susan died unexpectedly.

The tontine clause meant that French succession law did not apply to the property and that on Susan’s death, the legal ownership passed wholly into Elizabeth’s hands. The tontine clause was necessary to protect the survivor, because France only looks at the legal position, and does not recognise UK civil partnerships, whereas the UK law recognises the French equivalent, the Pacte Civil de Solidarité (PACS). Without the tontine, the property would have passed to Susan’s relatives under French succession law, or, failing that, according to her French will, if she had one.

As France only looks at the legal position and will not consider how the property was paid for, for French succession tax purposes this was a transfer of value, and thus Elizabeth has to pay French succession tax on the share of the property inherited from Susan. Under French law the two had no legal relationship and are ‘strangers’ for tax purposes, and thus Elizabeth faces a 60 per cent succession tax charge on Susan’s share of the property to be paid within six months. It may be possible to pay the tax in installments at a maximum of six monthly intervals, over a period of up to five years, but interest will be due on the tax owed.

Elizabeth is effectively paying tax on a half-share of the house she acquired with her own money, and may have to sell the house to pay the liability. As Susan was not resident in France at the time of her death, only her share of the French property is taxable in France. However, if she had died as a French tax resident, her worldwide estate (with the exception of any UK property) would have passed under French succession law. The tontine clause and civil partnership would have ensured that any real estate would pass to Elizabeth, but the remainder of her assets would pass to her nearest relatives under French succession law, or, failing that, according to her will. French succession tax would have been payable on her worldwide assets, including any UK property.

As Susan’s share of the French property and all of her UK assets have passed under her UK will to Elizabeth, with whom she had a UK civil partnership, no UK inheritance tax is due.

Even if any UK inheritance tax had been due, under the UK/France Double Tax Treaty, any French tax payable can be offset against any UK tax liability arising on the same assets.

Had they actually moved to France, they could have entered into a French PACS, which, whilst not as good for tax purposes as marriage in France, is significantly more tax efficient than being treated as strangers. However, they would have first needed to know that a UK civil partnership isn’t valid in France, and they could have found this out by taking advice.

Case Study 2 – Power of Attorney

Alan and Penny were looking forward to a long and happy retirement in France. Sadly, Alan started to show signs of early Alzheimer’s and when the disease was officially confirmed she managed to procure an Enduring Power of Attorney (EPA) in the UK. Unfortunately, the EPA is not valid in France and Penny was worried about how she was going to sign documents on Alan’s behalf in France when he could no longer do so.

Alan had periods of lucidity when he clearly understood what was happening but time was running out and neither he nor Penny (now French residents) knew when Alan would no longer be capable of making decisions or indeed, if he would pass away sooner rather than later.

As residents of France, it is still possible for Alan to sign documents or make a will if Penny obtains a doctor’s certificate indicating that he has sufficient mental capacity to understand what he is signing, or more so, if a doctor attends the signing. Those who suffer from Alzheimer’s or other forms of mental incapacity do often have periods when they are in command of their faculties.

Penny can apply for a curatelle or tutelle, whereby she becomes Alan’s curateur or tuteur in relation to French assets and interests under a court order made by a Juge des Tutelles.

In relation to French assets, a notaire will want to see a court document appointing Penny as curateur or tuteur.

If they have not already done so Penny and Alan could enter into a community marriage contract (CMC), under which any assets held under the contract would pass as of right to Penny on Alan’s death, regardless of children’s rights. Such a contract can cover just a French property, or can be extended to cover all assets of the marriage.

Bill Blevins is Managing Director of Blevins Franks International, one of the largest independent financial advisers, which specialises in advising retired expatriates in southern Europe

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Sarkozy’s Inheritance Tax Laws

December 1, 2007

Nicolas Sarkozy has kept his promise to revolutionise the French inheritance tax laws – and the changes are sweeping, as Bill Blevins reports…

France has updated its antiquated succession tax regime completely, abolishing inheritance tax between spouses and PACS partners. The succession tax system has been reworked to include other generous allowances to inheritances, particularly between close family.

The improved succession tax rules are part of a package of radical new tax legislation that came into force as France’s new president, Nicolas Sarkozy, celebrated his first 100 days in office. During his presidential campaign he had promised revolutionary changes to France’s tax system and a batch of reforms amounting to around €13.8 billion (£9.4 billion) in tax cuts was passed in August.

This will be welcome news to Living France readers who are planning to move to France. It brings the legislation in line with the UK’s tax-free exemption between spouses and civil partnerships. However, where inheritance tax in the UK is paid by the deceased’s estate, in France it is calculated for each beneficiary depending on the amount inherited and then paid by the individual beneficiary.

The inheritance tax exemption extends to sisters and brothers who are single, widowed or divorced providing that at the time of succession they are aged over 50 or they are suffering from an illness which prevents them from working and were living with the deceased during the five years preceding the death.

The allowance for children and parents (who inherit from their children) is tripled from €50,000 (£33,935) to €150,000 (£101,805) per person. The allowance between brothers and sisters is increased from €5,000 (£3,394) to €15,000 (£10,181).

The allowance for nieces and nephews (which is currently only available for lifetime gifts) increases from €5,000 (£3,394) to €7,500 (£5,090) and also applies on death. The allowance of €15,000 (£10,181) for brothers and sisters will apply where a niece or nephew inherits by representation (because their mother or father is dead or has renounced the inheritance).

The specific allowance of €50,000 (£33,935) for the disabled is also tripled to €150,000 (£101,805) and can be cumulated with other allowances (eg the €150,000 [£101,805] allowance for a child).

As the allowances have been dramatically increased, the new legislation has abolished the €50,000 (£33,935) global allowance which applied where children or spouses inherited. From now on, the rate bands will be automatically increased each year in line with inflation.

Lifetime gifts
Lifetime gifts made to children over a six-year period are subject to an allowance of €150,000 (£101,805) instead of €50,000 (£33,935). A child can therefore receive up to €300,000 (£203,611) (€150,000 [£101,805] from each parent) tax free every six years.

Although inheritances between married couples can now be made completely tax free, this is not the case for gifts. The allowance of €76,000 (£51,581) remains in place for lifetime gifts between spouses. For PACS partners the current allowance of €57,000 (£38,686) is increased to €76,000 (£51,581) in line with that of spouses. However, the allowance will be withdrawn if the PACS agreement is broken within the same year or the following year for a reason other than marriage to each other or the death of one of the partners.

Cash gifts

The specific exemption for cash gifts has increased from €20,000 (£13,574) to €30,000 (£20,361) where the gift is made to a child, grandchild or, if there are no direct line descendants, to nieces or nephews. This is provided the donor is more than 65 years old and the donee more than 18 years old. In addition, the gift should be declared and registered by the donee at his/her local tax office within one month of the gift.

This exemption can be cumulated with other allowances, (ie the €150,000 [£101,805] for children, €30,000 [£20,361] for grandchildren and €5,000 [£3,394] for nieces and nephews). However, it does not renew after six years and can only be used once.

The new legislation will revolutionise the French housing market, according to property specialist Trevor Leggett.

‘Inheritance tax, like so many outmoded ideas such as wealth tax, has long been a sticky subject in France,’ he says. ‘But now, with changes to the inheritance tax threshold, Nicolas Sarkozy is set to revolutionise the economy and boost investment in the housing market. It is estimated that with the new changes, as many as 95 per cent of the population of France will no longer pay any inheritance tax at all upon the death of their parents. These changes will be of interest to British homeowners in France as they will also benefit.’

The new tax changes will affect British expatriates if they are resident in France at the time of death or, if non-French resident, where the asset being gifted or bequeathed is located in France. A gift is also taxable if the recipient is resident in France and has been resident for at least six of the ten tax years prior to the year in which the gift is received.

The six out of ten years rule usually also applies to inheritances received by individuals resident in France. However, under the special UK/France Inheritance Tax Treaty, inheritances (not gifts) from a UK domicile to a French resident recipient are not liable to succession tax in France, even where the recipient has been resident in France for more than six years. The treaty also stipulates that if you die a resident of France and have any assets based in the UK they will be subject to UK inheritance tax, as well as French inheritance tax, although any inheritance tax paid in the UK will be credited against the French tax due.

There are various ways to reduce or avoid French succession tax and one is to take out an assurance vie which is the French term for an insurance bond, such as a personal portfolio bond, which allows you to hold your own choice of assets, excluding property, within a tax ‘wrapper’. If an assurance vie is set up before you become a French resident there is no succession tax liability on death. Setting up an offshore discretionary trust can also avoid French succession tax, although specific advice should be sought.

The succession tax reforms in France are good news for taxpayers. However, it is advisable to review your tax planning and tax mitigation arrangements on a regular basis regardless of changes in the law.

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Selling Property in France

December 1, 2007

When you come to sell your house in France make sure you deal fairly and squarely with your potential purchasers, warns Elizabeth Berry…

The French Civil Code puts a heavy responsibility on the sellers of a property. First they must clearly describe what they are selling, any ambiguity being interpreted in favour of the buyers. Careful attention must therefore be given when preparing the detailed description of a property and its surface area which is always included in the compromis and acte de vente. Then, the property must be delivered to the buyer; this takes place by handing over the keys and documents and title.

But the most onerous duty, of which not all sellers may be aware, is to guarantee that the property is free of hidden defects existing at the time of sale. The defects must be such that they would either render the property completely unfit for the purpose for which the buyers intended it or would seriously interfere with their enjoyment of it, so that if they had been aware of the defects they would not have bought it at all or would have offered a lower price.

Examples of such defects are structural cracks, a basement liable to flooding, woodworm infestation in an area where a survey is not compulsory. Selling land described as a building plot can even constitute a warranty by the seller that building on the plot will be authorised.

The seller will be bound by the guarantee even if the defects were so hidden that they themselves were genuinely not aware of them, although, if the contract is between two private (ie non professional) parties, the contract can stipulate that the sellers will not be liable for hidden defects of which they were unaware themselves. The nature of the defect must be specified; attempts to exclude liability for hidden defects altogether may be unsuccessful.

As is well known, in many areas of France the sellers have a statutory duty before a sale to carry out searches for some hidden defects and to disclose the results to the buyers; such matters are the presence of lead and asbestos, termite and other wood-boring insects, or natural and technological risks affecting the property.

But the law in these matters is not all in favour of the buyers. The sellers will not be responsible for apparent defects and the buyers must therefore carefully inspect the property for these. It goes without saying that the sellers must act in good faith, and not try to conceal such defects for example by growing climbing plants over structural cracks.

The apparent defects must be capable of being discovered by someone with a normal concern for their own interests. There is no need for an expert to be consulted, but buyers would be expected to make reasonable efforts to discover the defects, eg by going up into an accessible roof space to inspect the state of the timbers.

However, if the buyers are themselves experts or professionals concerned with immovable property, such as agents, developers or architects, they will be presumed to be aware of all apparent defects, provided the sellers acted in good faith.

To enforce the seller’s guarantee, the buyers will have to start court proceedings within two years of discovery of the defects and the remedy would be either the annulment of the sale or a reduction of the purchase price.

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Having a baby in France

December 1, 2007

Giving birth in France involves plenty of admin, so if you are thinking of moving or are living here already then there are some things that you should know.

Covering the costs
If you haven’t yet left the UK the first thing to do is to get hold of an E112 available from the NHS international services (number below). This entitles you to medical care abroad for a pre-existing medical condition, such as pregnancy. It is a passport to free scans, X-rays, consultations and ultimately childbirth and postnatal care. The only thing it doesn’t cover is the cost of a private room, though in some hospitals you are in a private room anyway. If you are moving permanently you should also look into getting an E104, which is basically a statement of all your contributions in the UK and will mean you can transfer onto the French system. You can get this from the Department of Health (number listed below).
Basically all costs should be reimbursed, you just have to fill in the feuille de soins (normally brown) and send it to your local CPAM (Caisse Primaire d’Assurance Maladie).
If you live here and are already on the French system, then your costs should be covered automatically. It may be worth signing up to a private top up-insurance (a mutuelle) company to cover anything the social security doesn’t fully reimburse, such as private rooms, TV, an extra bed for the father etc… You can sign up for one even after becoming pregnant, there is no waiting period.

Prenatal care
If you get pregnant in France and you want to have a baby within the French social security system, then the first thing to do is to go to your doctor and fill in a déclaration de grossesse. This will normally take place towards the end of the third month of pregnancy and gets sent around to the various authorities and means your pregnancy is registered. You can choose any doctor as long as he/she is linked to the state health scheme (conventionné).
If you have a specific clinic in mind which is not where your doctor would automatically send you, it is always a good idea to book a room at the beginning of your pregnancy. Note that not all gynaecologists are allowed to practise in the local hospital or clinic, so you may not have the gynaecologist who has followed your pregnancy at your birth. Bear this in mind when choosing your gynaecologist at the beginning of your pregnancy.
Usually the local doctor can recommend a gynaecologist who carries out all the monthly checks. This includes monthly blood tests to check for toxoplasmosis, measles etc. You take the blood tests to a laboratory of your choice – to find one look under Laboratoires d’analyses de biologie médicale in the yellow pages. It is also a good idea to get your blood group identified at the same time.
You will also have three scans (écographies) during your pregnancy. Very early on they will be able to determine the sex of the child, but if you don’t want to know you should tell them.
Whatever your age, the baby is now automatically checked for Down’s syndrome and other genetic disorders (nuchal fold and blood tests) and you will be offered an amniocentesis – amniocentèse – if you are considered high risk due to the results of the preliminary tests (which is reimbursed by the social security).
Towards the later stages of pregnancy you will also have to meet the anesthetist who will talk to you about the kind of pain relief you are likely to require – note that for deliveries in France pain relief tends to be all or nothing: epidurals (péridurales) are freely available and popular, even encouraged. The French are not big on natural childbirth, and very few women opt for a home birth, though this is an option provided you can find a midwife who is willing to do so.

Midwives
A midwife is called a sage femme and once your pregnancy declaration is in the system you should sign up for pre-natal classes (séances de preparation à l’accouchement) at the hospital where you will give birth. It is a good idea to attend these courses, even though you may not be expecting your first baby, partly to have a contact to call in case of problems and also because it familiarises you with the appropriate French vocabulary.

Giving birth
You will give birth in a clinic or a hospital and are liable to pay only for extras like having a single room, TV and phone (unless you have signed up for a mutuelle – see above). The average stay is five days and eight to ten for a cæsarian. Don’t forget to bring all your social security papers with you to the birth; the whole system thrives on bureaucracy and the first thing they ask you for as you come panting into the clinic is your social security status.

Breastfeeding
If you want to breastfeed your baby you must tell the midwives and doctors at the hospital beforehand, who, in most hospitals and clinics, will help you and give you a list of names and addresses of mothers who are breastfeeding in you area. You may find that some people around you will not approve of breastfeeding. Don’t let them spoil a special time between you and your baby. Below is the website of the La Lèche League in France, which also has pages in English.

Admin for the child
You cannot register the baby’s birth if you have not officially recognised the baby beforehand. Whether married or not you must recognise your child (preferably before the birth) at the mairie. If the mother (unmarried) recognises the baby on her own first, the child will bear the mother’s surname. Since January 1st 2005, parents can choose whether the child will bear the mother’s or father’s surname or both. In all cases each parent must present valid ID.
You are legally obliged to register the birth of your child within three days at the local mairie, so it is advisable to have a name ready. If the child is born on a Wednesday, Thursday or Friday, you have up to the following Monday to declare the birth. Anyone who was present at the birth can declare it. You will need to provide the livret de famille (if you have one) and the certificate issued by the midwife or doctor. But often the hospital or clinic will register the baby for you. Declaring the child is free. One of the reasons for the registration is to make sure the child isn’t given a ridiculous name, although nowadays almost any name is tolerated unless the officer in charge considers it to be harmful for the child. You are no longer required to choose a first name from the Saints’ calendar!
At the hospital, or sometimes at the mairie, you will be given a Carnet de Santé for your baby. This is a book that contains the child’s health records: vaccinations, check-ups, operations, illnesses etc.
Your baby will have a check-up once a month by the doctor of your choice (this is compulsory if you wish to receive child benefits). Your child has to have certain inoculations (like TB) in order to be admitted in a crèche or school. However, if you are against these vaccinations, you may refuse to have them done, but you will need to write a letter stating that you do not wish your child to be vaccinated.
Homeopathic doctors can give you more advice on this; they are more likely to provide health grounds for recommending against vaccination for your child if they feel this is appropriate.

Postnatal care
You will have a check-up two months after giving birth and your doctor can then prescribe ten sessions of pelvic re-education usually carried out by a kinésithérapeute (physiotherapist). The aim is to get your nether regions back into shape after childbirth and avoid unpleasant complaints such as incontinence at the age of 50.

Maternity/paternity leave for working parents
If you have less than two children you are entitled to sixteen weeks’ maternity leave (six before childbirth and ten after). If you have more than two children this goes up to 26 weeks (eight before childbirth and eighteen after it). In case of twins, you are entitled to twelve weeks before the birth and 22 weeks after
the birth. A recent change in the law allows you to shorten the leave before the birth and add on the missed days to your leave after the birth
If your prenatal maternity leave is shortened (premature birth), you are entitled to add the days remaining before the birth on to the end of your maternity leave. Your maternity leave can be lengthened in case of illness before or after and due to the birth: by two weeks before the birth and four weeks after. In both cases you will receive the sickness benefit (indemnités journalières de maladie).
In any case, you are obliged to stop work for a minimum of eight weeks, six of which after the birth. You may choose to shorten your maternity leave within those limits. Fathers are entitled to a leave of eleven consecutive days to be taken within four months of the birth and eighteen days for a multiple birth.

Benefits
In order to be eligible for family allowance, you have to provide the CAF (Caisse d’allocations familiales – www.caf.fr) with the déclaration de grossesse within the first 14 weeks of pregnancy. After the first compulsory prenatal appointment, you must have six other check-ups after the end of your third month of pregnancy (basically one per month). All this is clearly indicated on your guide de surveillance médicale, so you can’t go wrong). After each test, you must send the appropriate form to the CAF.
Allowances depend on your personal circumstances and you should contact your local CAF for more information. However, the most frequently provided one is: the Prestation d’acceuil du jeune enfant (PAJE) which includes a prime à la naissance paid once during the seventh month of pregnancy and is generally given to those on low incomes.
The allocation de base (basic benefit) starts from the first day of the month of the baby’s birth and until the child’s third birthday. It is also given under certain conditions. To obtain this allowance your child must undergo a number of medical checkups (on the 8th day, 9th or 10th month and 24th or 25th month.
If you have two or more children and they reside in France, you are entitled to the allocations familiales. This allowance does not depend on your income and is paid until the child’s 20th birthday and providing he is not earning more than 55% of the minimum monthly wage (Smic).

Nationality
When both parents are foreigners (say British) the baby takes on their nationality. When the child is 13, providing she/he has lived here for at least five years (since the age of eight), the parents can ask for French nationality on his or her behalf but they must have the child’s consent. When the child is 16 she/he can ask for French nationality, providing again she/he has lived in France for a continuous period of five years since the age of 11. The child does not need his/her parents’ authorisation. At 18, the child automatically becomes French, providing she/he resides in France at that date and has lived in France for periods of time totalling at least five years since the age of 11. If the parents are British, he/she also retains British nationality.

Useful associations and addresses:
NHS International Services Team +44 191 225 4811
Department of Health +44 207210 4850
Caisse d’allocations familiales (CAF) – www.caf.fr The government fund for family and related benefits. Contact your local one for information on your rights.
Protection maternelle et infantile (PMI) – a service provided by your département’s Conseil Général where social workers, midwives, doctors and pediatricians answer your questions.
Mouvement français pour le planning familial – www.planning-familial.org – the French family planning organisation with 67 branches throughout the country. Confidential and free information on contraception, abortion, sexual violence etc.
Centre d’information et de documentation femmes et familles www.infofemmes.com 01 42 17 12 00. Free and confidential advice on women’s rights, legal help and so on.
Breastfeeding: La Lèche League www.lllfrance.org

Useful vocabulary
Amniocentesis – une amniocentèse
Baby – un nourrisson/un bébé
Birth/delivery – un accouchement
Breastfeeding – allaitement
Breech – une présentation par le siège
Formula milk – du lait en poudre
Forceps delivery – un accouchement aux forceps
Incubator – une couveuse – On va mettre le bébé en couveuse
Maternity – la maternité – je rentre à la maternité
Maternity benefit – l’allocation de maternité
Maternity leave – le congé de maternité
Pregnant – enceinte
Pregnancy test – un test de grossesse
Prenatal – prénatal
Postnatal – post-natal
Postnatal depression – la dépression post-natale
She is three months pregnant – elle est enceinte de trois mois
She’s overdue – elle a dépassé le terme
The baby was two weeks overdue – le bébé avait deux semaines de retard
To be pregnant – être enceinte
To get pregnant – tomber enceinte
Twins – des jumeaux
When is it due? – C’est prévu pour quand?

By Helena Frith-Powell,

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How to prepare for dying in France

November 19, 2007

Do you know what would happen to you or your spouse’s assets if you should ‘disappear’ in France? Many expats don’t as French succession laws are markedly different than those in most English-speaking countries. Kathryn Valdal Fourie provides a primer, including an overview of recent legislation.

Wondering what happens if you die in France is not often uppermost on the minds of expats busy building a new life here.

But French inheritance laws are markedly different to the legal norm in most English-speaking countries; it is safe to say that many expats are unaware of the laws that will apply if they ‘disappear’, as the French say.

Some 80 percent of people die without a valid will. But even if you’ve drawn up a perfectly good will in another country, French inheritance laws will apply in the event of your death and it could be found invalid by French courts.

Here’s why you should take the time to think about what happens…after.

Modernising French inheritance laws

The bulk of the inheritance code dates to 1804 in France; although it was significantly updated in 2002, the French parliament recognised the need to continue modernising the law by adopting yet another succession law on June 14 of this year. The new law will apply as of January 1.

The most significant clauses of the new law include:

  • the law is much more flexible in terms of dictating who can be included as primary heirs. In the past, the law strictly dictated that all children of the deceased would inherit first and equally. Under the new law, grandparents will be able, for example, to bequeath directly to their grandchildren (with their childrens’ consent); the new law also applies to familles recomposées so that the children of a first marriage can cede part of their rights to the spouse or children of a subsequent marriage. Likewise, a sibling from the same family can renounce part of their inheritance in favour of another relative.
  • the deceased can name an executor to posthumously manage all or part of the estate.
  • the law now offers more recognition of couples pacsées.
  • the heirs of a property no longer need to agree unanimously to administer the estate, for example, a decision to rent out an inherited property; the sale of an inherited property still requires unanimous agreement among the heirs.
  • a marriage contract, régime de marriage, can be changed without court approval with the consent of adult children (except in the presence of minor children). Such changes are sometimes made to change a spouse’s status in terms of legal claim to the estate.
  • the amount of time allowed to make a claim to an estate has been shortened from 30 years to 10 years.

The new law is intended to better reflect the realities of modern family life.

Contrary to laws in most English-speaking countries — which allow you to leave your estate to anyone you choose and, in the absence of a will, favour the spouse over children—the original French inheritance laws favour the ‘direct line of descent’, that is, the children, grandchildren and parents.

The intent is to protect the family, for example, to prevent an unscrupulous outsider from persuading or coercing an elderly person to disinherit their family.
But in fact, prior to July 2002, the surviving spouse had almost no rights at all in France. If a spouse died without a will, the surviving spouse would have received nothing; even with a will in place, the surviving spouse would only have been able to receive a share equal to that of the surviving children.

Some foreigners who have assumed that French inheritance laws mimic those in other countries could be caught unawares in the worst possible circumstances.

Take the example of Mary Lalevée, who learnt about the French inheritance laws following a potentially fatal accident in 1999. She and her husband subsequently decided to write their wills and, tragically, her husband died suddenly a year later at 46.

Consequently, the estate was divided equally between Mary and her two children, then aged 11 and 13. If they hadn’t drafted their wills, she would have been left with nothing.

The laws have since changed significantly but the lesson remains: French laws are probably still quite different than those in your country of origin and the only way to protect your assets here and abroad is to consult a notaire and, probably, to draft a will.

The long reach of the law

If you are a resident in France at the time of your death, all your assets worldwide are covered by the French inheritance law, except real estate owned elsewhere, explains Jean Taquet, legal consultant and author of ‘The Insider Guide to Living in France’, who explains the importance of drawing up a will in France.

Foreign real estate is governed by the inheritance laws of that particular country. “If you have real estate in Spain for example, it is also necessary to have a will drawn in Spain,” explains Taquet.

If you are not a resident in France but own property here, however, that property is subject to French inheritance law and must be covered by a French will.

What happens if you do not have a will?

In France, you cannot leave your estate to anyone you want if this person or entity falls outside of the French law. “It is also impossible to disinherit your children, your parents and more recently your spouse,” says Taquet.

Under current French law— and this will be largely unchanged by the new legislation—Taquet explains that an estate not covered by a will is automatically divided equally amount amongst all the people on the same ‘level’ of succession. The levels are (in order):

1. The children
2. The parents
3. The surviving spouse
4. The brothers and sisters
5. The grandparents and above
6. The cousins, uncles and aunts and everyone coming from the same great-grandparents.

The surviving spouse, however, receives more favourable treatment than this suggests. For example, he or she has the right to stay in the family home for a year free of charge. Still, even if a property was bought in both spouses’ names, the children, not the spouse, have prior claim over the deceased’s half of the house.

There are too many possible scenarios to cover here, but Taquet provides one example:

If the other heirs are the children the couple had in common, then “the surviving spouse has the choice between a) complete claim to a share of the total estate divided equally among all surviving children of the deceased (including those from a previous marriage) b) the use, rental and enjoyment of everything in the estate (usufruct).

The second option — a difficult concept for Anglophones says Taquet— doesn’t mean the surviving spouse can touch any liquid assets belonging to the children. But he or she could, for example, stay on in the family house (‘using it’) until their death when the children would inherit everything outright. A judge might intervene if this means the adult children wouldn’t get their inheritance for too long a time.

If there are no surviving children, but both parents of the deceased are alive, the surviving spouse gets full ownership of half the estate.

If the children are minors, the surviving spouse must apply to a court to sell any assets or administer the childrens’ share.

This is largely a formality but you will have to communicate with a judge every year to demonstrate you haven’t absconded with the children’s inheritance. Plus, a judge will normally not allow the guardian of the children to use their inheritance to pay for their care. Mary Lalevée, for example, was forced to borrow money to cover her family’s finances while her childrens’ inheritance was invested until they became adults.

All of this is partly why the French are very concerned with carrying life insurance, or assurance décès, as these payouts are not included in an estate, provided the beneficiary is not the deceased. You can also take out multiple policies for various family members, your children, your spouse, a friend or lover.

What difference does a will make?

While French law still tries to prohibit disinheriting certain members of your family, a will can still make a huge difference, especially under the new law.

  • A will would allow you to leave a ‘donation’, that is, a specific asset, animal or a sum of money, to a spouse, partner, child, friend or association.
  • A will would allow your spouse to live in the family home until his/her death.
  • A will could mean one or more of your heirs receive their inheritance over time instead of in a bulk sum.
  • A will specifies the guardians of minor children, including guardians living outside France. Without a will, the judge will automatically appoint guardianship to your surviving parents but a will means you can select the guardian of your choice and that the children would be placed under their care more easily and quickly.
  • A will allows you to detail funeral or cremation arrangements.

Writing a will

The two most commonly used wills in France are the testament olographe, a handwritten will, and the testament authentique, written by a notary.

For the first, you will be asked to write out the will by hand based on the legal advice of your notary. The notaire will then check the document and have it registered and kept at an official location in France.

For a testament authentique, you dictate your wishes orally to a notaire, who then types the document and reads it back to you.

The second is more difficult to contest.

You can also write your will in English, or another language, if you wish under an ‘international will’ introduced in 1994 for foreigners and French citizens living abroad.

Kathryn Valdal Fourie is a South African freelance journalist located in Paris. She writes for publications in Europe, the US and South Africa on topics ranging from finance and technology to parenting and living abroad.

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Guide to buying a home in France

November 19, 2007

It can be both tempting and daunting to buy property in France — whether a sleek city apartment or a rustic rural retreat.

You must first decide where you want to live. While housing prices have increased considerably across France in recent years, there is still wide variation in prices and availability.

You can consult thousands of ads every day in newspapers and weekly property magazines as well as a slew of online property databases. ‘De Particulier à Particulier’ is also very popular, can be searched online, and carries only ads from private sellers, not agencies.

Still, you’ll probably want to at least consult with an estate agent, un agent immobilier. These regulated agents must carry a professional card delivered by the préfecture de police to operate legally; they provide accurate market prices — final sales prices, as opposed to asked-for prices, are private information in France — as well as generally reliable legal advice. Keep in mind, however, that agents generally represent the interests of the seller.

Agents can negotiate their commissions, but it generally falls between four and eight percent of the sale price. Always ask if the commission is included in the price. You don’t have to pay the commission if the sale falls through, if the agent is operating illegally or if their contract with the seller has expired.

You can also try the public auctions, vente aux enchères. The lucky and experienced can find deals this way although the final sales prices often end up matching the overall market.

Another way that French buyers sometimes try to lower their investment is through a viager sale; that is, buying below the market price on the condition that the current owners, usually an elderly person or couple, can continue to occupy the house until their death(s). Buyer beware: you are betting here on the life expectancy of the current residents and there are many anecdotes about sellers outliving their buyers!

The Legal Steps

Once you have found a home you want, you and the seller must sign a preliminary contract called either a promesse de vente or the increasingly common compromis de vente.

They are not quite the same; the promesse sets a price, a timeframe and any other conditions. Once signed and legally registered within a 10-day period, the seller is committed, whereas the buyer retains the right to walk away, albeit while sacrificing the initial down-payment, generally 10 percent. The compromis includes the same terms but does not need to be registered; it is, however, a legally binding agreement for both parties.

Once you sign a compromis, you have a seven-day buyer’s remorse period during which you can change your mind for any reason; you then must also pay a down-payment of at least 10 percent.

Before signing either a promesse or a compromis, make sure the contract specifies the exact boundaries of the property, any additional structures (dépendences), and any furniture, fixtures, appliances, etcetera to be included in the sale as well as any other conditions, conditions suspensives, on the sale such as obtaining a loan or insurance.

You or your agent are required to arrange for, at the buyer’s expense, an inspection report that will determine the presence of termites, lead and asbestos. You have the right to also order any structural inspections.

With houses, it’s also a good idea to also consult with the local town hall, mairie, as to any development plans for the area, the local property taxes, and the exact property delineation as listed in the property roll, cadastre.

For apartments, the law (loi Carrez) requires that the initial agreement must specify the exact living surface. The calculation excludes stairs, terraces, balconies, separating walls and floor space with a ceiling lower than 1.80 metres; this may not match the advertised square footage.

The notaire is the solicitor that handles property transactions. The seller will almost certainly name a notaire; you have the right to retain your own, independent notaire, in which case the legal fees will be shared equally by the two. The buyer will pay these fees, which are based on a legally mandated fee structure, barème de frais, but figure on paying around five to seven percent. You will also pay the current year’s real estate taxes, les taxes foncières, pro-rated for the amount of time you occupy the house.

Be aware that French inheritance laws, which favour children over the spouse, will apply to this property regardless of any wills and even if your primary home is elsewhere; consult with your notaire as to how to deed the property in anticipation of an estate settlement.

Once the deposit is paid, the notaire will start researching if there are any legal or financial restrictions on its sale; this can take as long as 12 weeks. In the case of rural homes, this search should also determine if there are any other claims to the property, such as the neighbouring farmer’s right, droit de passage, to drive his tractor across your land to his fields.

You will spend this time securing your mortgage, if need be, and insurance. The conventional mortgage term is 15 years although 20, 25 and even 30-year mortgages are available.

If you buy the land only and wish to build your own home and plan to significantly renovate an existing structure, you are also responsible for:

  • Certificat d’urbanisme: a document that details the building codes for your construction, including exactly where you may build and the exterior appearance.
  • Permis de constuire: You must provide detailed information on your building plans to your mairie.
  • Consult with your mairie about any additional fees and taxes to which you may be subject.

You will then sign the final acte de vente. It is customary for all parties to sign at the same time, usually in the solicitor’s office. You will all listen to the reading of the acte, sign the documents and the buyer makes out a check for the remaining amount due. You are now a home-owner in France.

Old or New?

While many foreigners are seduced by the charm of a maison ancienne or, in Paris, a Haussmann-era apartment building, new constructions are generally more functional. If you’re buying in a new building, it must include parking space and will come with guaranties, generally up to 10 years after purchase, covering construction faults.

In the countryside, older property can be less expensive upfront but familiarise yourself with the building codes, les normes, including those dictating the exterior appearance; some villages maintain their rustic charm by carefully controlling any changes to all houses in the vicinity.

If you hire builders, start by asking for multiple quotes with timeframes; it is not unheard of to pay a fee for a construction quote even if you ultimately choose another builder. While it’s easy to find English-speaking artisans, don’t be intimated to work with locals who know the suppliers and the neighbours even if a language gap makes it a bit more work for you.

Key French Property Phrases

T1/T2/T3, etcetera: for apartments, refers to the total number of rooms excluding kitchens and water closets; a T2 is a one-bedroom. A T1 bis is a studio with a larger living space than a standard T1.

FAI

(frais d’agence inclus): the estate agent’s commission is included in the advertised priceSH (surface habitable): total living space

cuisine aménagée: a room needs only a sink to be called a kitchen. Aménagé indicates cupboards and counter space.

cuisine equipée: includes appliances. Cuisine équipée/aménagée means a fully outfitted kitchen.

cuisine américaine: indicates a usually small kitchen that opens directly onto the main living space

combles aménéageables: attic space that can be retrofitted for additional living space

décoration à revoir/rafraîchissement à prévoir: red-flag phrases that can indicate ugly wallpaper or major, costly repairs.

dépendences: any additional structures, legally built or not, including everything from a garage to a barn

dressing: any built-in closet

jardin/terrain clos: a property enclosed by wall, fence or hedge

plain-pied: a one-story house

pierre de taille (PdT): means simply cut stones, but often used in Paris to indicate an apartment building of the Haussmann era

pierres apparentes: exposed stone walls

prestations: the overall appearance or esthetics. You want to see the phrase belles prestations or décoration soignée.

salle d’eau: a water closet, as opposed to a salle de bain or salle de douche

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Driving in France

November 19, 2007

If you come from a country in the European Union and have moved to France permanently, you might want to get a French driving licence.
The procedure is free and generally simple: you give the préfecture two ID photographs, a copy of your titre de séjour (if you have one), your driving licence, and present your ID card (carte de séjour if you still have one) or passport, a proof of your French address (an electricity, water or land line phone bill) and they will issue you a French driving licence. Note that some préfectures have handled more foreign driving licences than others, and that interpretations of what is needed may vary from département to département. In Paris this procedure is free and the French licence is issued on the spot, whereas in the Dordogne it costs €52 and takes eight days.

A French driving licence is not compulsory – unless you commit an offence involving a loss of points, in which case you’ll have to obtain a French licence so that the points can be removed from it.
British residents are also faced with the problem that UK licences are linked to an address in the UK. Strictly speaking, if you do not have an address in the UK, your UK licence is not valid although in practice this has become a grey area for Brits living elsewhere in Europe. In spite of the potential problems – driving without a valid licence is a serious offence – changing the system to allow for Brits living in the EU is not a British government priority.
Some states in the United States have signed treaties allowing driving licences to be exchanged within the first year of residence, under a procedure similar to that for EU nationals. For the other states, you can drive on your US licence for a year, but then have to take a French driving test with compulsory lessons, normally costing between €900 and €2,000.
Having a French driving licence makes things easier, not least because it is a good form of photo ID.
As a motorist in France you are liable to on-the-spot checks at any time, so you should always carry your licence, vehicle registration and insurance documents when driving, and can be subject to on-the-spot fines if you do not have them with you. If you cannot produce the papers when the police check you, you are allowed five days to present them at the police station or gendarmerie nearest to the place where the check took place (not the nearest to your home). You may then reclaim the fine but it is a complicated procedure.

MOTORING OFFENCES
There is a system of points for motoring offences whereby all drivers start with 12 points, from which between one to six points may be deducted per offence, depending on its gravity.
One point is deducted for minor speeding offences; three for more serious speeding offences, dangerous overtaking, driving on the wrong side of the road or not wearing a seat belt. Drunken driving, manslaughter or driving without a licence warrant six points. If you lose four or more points your licence may also be suspended for a limited period. Check www.reseaupointspermis.com

The points are restored after three years, or you can recoup four points by following a two-day course (costing around €245) to brush up your driving. You are allowed one course every two years and can recoup an overall maximum of 11 points. (See www.permisapoints.fr).
As from the end of 2007, drivers will be able to recoup one lost point in one year, instead of three years (providing there has been no other offence during that period). From July 1, 2007, drivers will be able to check the balance of their points on the internet.
If you lose all 12 points, your licence will be withdrawn for at least six months. After this, you will have to sit the Code (theory test) if you’ve had your licence for at least three years, or even retake the full driving test if you’ve been driving for less than three years.
Fines from €11 to €90 may be demanded on the spot or you may be given three days to pay (or two weeks if notification of the fine is received by post). If you do not pay on time the fine will be increased, for example from €33 to €135, and then to €375 if you still haven’t paid. You can appeal but if you lose you will pay the higher fine.
To pay, buy a timbre-amende from any bureau de tabac or the Trésor Public, stick it on to the fine notice (carte-lettre) served by the gendarme, and post to the address printed on the carte-lettre.
NB Much stricter penalties have recently been introduced for drink-driving and causing death by dangerous driving. If you have more than 0.5g of alcohol per litre of blood, your driving licence can be withdrawn on the spot and you risk a very heavy fine (€1,500 to €3,000) and even a prison sentence.
Individual tolerance to alcohol varies with age, weight, sex etc. The site
www.simu-alcool.com might help you work out your own level. But, best of all, don’t drink and drive!
To combat speeding, new digital speed cameras were introduced in 2004, adding to the arsenal of traditional radar gun speed traps. There are mobile cameras stowed in the back of specially converted police cars and fixed roadside cameras, always preceded by a warning sign. Maps showing their location are published in car magazines and government websites, (see www.securiteroutiere.equipement.gouv.fr) but they still catch huge numbers of drivers.
If you are caught, you will receive a request by post to pay the fine with a notice mentioning the number of points lost. If you were not the driver you do not have to give away the driver’s name, but expect pressure to
do so.
One side effect of the speed cameras was to highlight the large number of false number plates on French cars, some estimates say as high as 10%.
If you are certain your car was not on the road when the camera says it was, you can ask for the photo, which could prove that the vehicle is not yours. Any other evidence for the day, such as garage bills, will strengthen your case. Read the fine notice carefully. To obtain the photo you have to pay a sum equal to the fine. Do not sign the relevant part of the form admitting guilt. Send off the part of the notice requesting the photo and to appeal. If your appeal is successful you will be refunded.
Act quickly if you get a fine notice. The fine is increased if payment is late and it does not take long for police
or gendarmes to come knocking with a court summons if nothing is done. As a general rule, the authorities
in France take much more notice of people who have come to their attention in the past than to those who
have not.

CARAVANS AND TRAILERS

A permis E(B) is required:
a) if the weight of the empty trailer or caravan is greater than that of the towing vehicle;
b) if the weight of the empty trailer or caravan exceeds 750kg or
c) if the total weight of the vehicle and trailer exceeds 3.5 tonnes.
To get the permis E(B), you must pass a medical check-up and the theory and practical driving tests in a French auto-école. If you already have an equivalent licence, pick up an application form from your mairie and send it to your préfecture, with the two passport-size photos and a timbre fiscal – currently to the value of €1. You will be given an appointment for the medical which costs €24.40.

Once you have passed the test you must still have the following medical check-ups:
• every five years until age 60;
• at age 60;
• every two years between 60 and 76;
• every year after 76.

BUYING A CAR IN FRANCE
There is no doubt that if you are moving permanently to France from the UK, the simplest solution is to sell your right-hand-drive car in the UK and buy a French car. The advantages are obvious: a left-hand drive makes overtaking much safer, no need to worry about all the paperwork involved in importing a vehicle and it is probably easier to find spare parts.

The weekly ‘Argus’ magazine gives an up-to-date second-hand car price guide. Any second-hand car you purchase in France must have been put through its contrôle technique (see below) by the vendor within the six months preceding the sale.

If you can find a car that is registered in the département where you live, the paperwork will be even simpler; if not, you will have to re-register it, which involves applying for number plates.

A certificat de situation administrative du véhicule (formerly known as a certificat de non-gage) is also required when buying a second-hand car. It shows that there are no outstanding fines or debts such as hire-purchase or bank loans. The certificate is available on www.interieur.gouv.fr

The certificate must not be more than a month old at the date of sale. On the day of the sale the buyer will give you the carte grise of the vehicle crossed out and on which is clearly written: ‘Vendu le (date) à (time)’ and signed by the vendor. (See also under ‘Registration Document’.) Before driving off with your new car don’t forget to get it insured.

CONTRÔLE TECHNIQUE
This is the French equivalent of the British MOT. All cars more than four years old, including goods vehicles of up to 3.5 tonnes laden weight, must pass a contrôle technique (CT) every two years and display the CT sticker on the right-hand side of the windscreen. Utility vehicles must also take an annual pollution test.

Unlike in the UK, the test takes place in dedicated centres which do not carry out repairs. The centre issues a report which shows faults which do not necessarily have to be fixed right away, and faults which must be fixed within two months, and the car returned to be checked again (often free of charge).

The first CT is due within the six months preceding the fourth anniversary of the car’s date de la première mise en circulation, shown on the log book (carte grise).
Contrôle technique centres may charge what they want, but the price shouldn’t exceed €60 or so. As a car may be tested in any département, it might be worth shopping around.

Exempted from passing the CT are:
• vintage cars (voitures de collection) – ie, more than 20 years old – but to be recognised as such and obtain this exemption (and cheap insurance), the car must pass an initial test to earn its voiture de collection log book;
• vehicles used by the diplomatic corps;
• special cases such as taxis and ambulances for which there are separate procedures.

CT check points
The principal check points are: identification (that the paperwork matches the number plates etc); braking system, steering, visibility, lighting (they can be very punctilious: a stone chip in a screen or a dud light bulb can fail the vehicle, but some stations are more easy-going than others), indicators, structure (corrosion, distortion), tyres, pollution, noise level. If the car fails on any major point involving safety, it will have to be returned for a contre-visite to verify that the work in question has been carried out. Two months are allowed between the contrôle technique and the contre-visite. Be punctual: if the time limit expires, even by one day, you will have to arrange a new contrôle technique!

Penalties
The driver of a car on the road without a valid CT certificate can be fined as much as €135 and have the log book confiscated. One week is then allowed for the contrôle technique to be carried out, after which the log book will be returned by the préfecture.

Remember
The fact that a car has passed the contrôle technique does not exempt the driver from responsibility should any of the above features be found unsatisfactory by the authorities (or an insurance assessor).

REGISTRATION DOCUMENT
If you are buying a new or even sometimes a second-hand car the dealer usually arranges to obtain the log book for you.
Never buy a car without a log book as this could mean the car was stolen.
If you buy privately, you must apply in person to the préfecture of the département in which you live. You will be asked for proof of residence (an electricity, water or land line phone bill is acceptable in most préfectures), as well as a phococopy of your passport and the cancelled log book in the name of the previous owner (cancellation is done by writing ‘Vendu le (date) à (time)’ followed by the vendor’s signature).
Fill in the carte grise application form and pay a fee which varies with the region where the vehicle is registered and its horsepower: count between €25 and €30 per taxable horsepower unit.
NB: You pay half price if your car is more than ten years old.
TAX DISC
(vignette)
Recently abolished for private vehicles, the vignette must still be bought yearly for commercial vehicles and those of more than two tonnes.
INSURANCE
Take your pick of insurance companies – it pays to shop around. British no-claims bonuses are normally recognised in France, where the maximum discount is 50%. A French insurance policy automatically includes a green card and also includes an insurance windscreen sticker which you must display.
Should you wish to cancel your insurance policy you must send notification by registered letter with recorded delivery (lettre recommandée avec accusé de réception) three months before the annual expiry of the current contract. (Some companies only require two months’ notice.)

IMPORTING A CAR
There could be two aspects to this procedure, depending on whether or not the car is officially recognised in France. Although the procedure was recently ‘simplified’ it remains rather ponderous, so allow yourself at least two weeks to go through it all.

In both cases:
1) If you bought the car in a EU country and if it is less than six months old or if it has done less than 6,000km, you will need to pay French VAT – known as TVA – unless you have proof that it has already been paid. This involves going to the tax office which will deliver a certificat d’acquisition – certificate of purchase – which will be needed later on.
If the car is more than six months old and has done more than 6,000km, you needn’t worry about this. But don’t forget that if the car is more than four years old, it will have to pass the contrôle technique (see above).

2) If the car is new, you must ask the French head office of the car manufacturer for a certificat de conformité étranger – foreign compliance certificate. This certificate proves that the vehicle conforms to French requirements in matters such as lighting, brakes, pollution etc.
Send the same head office a copy of this certificate (or, if the car was already registered in another European country, send a copy of the certificat d’immatriculation étranger – foreign registration certificate), together with a letter requesting official compliance – une demande d’homologation– and a cheque for about €130, the fee varying from one car maker to another.

You will then find yourself in one of two situations:
1/ If your car is officially recognised in France, you should go to your préfecture with:
- your ID card or passport,
- a proof of residence (an electricity, water or land line phone bill),
- the foreign log book or certificat de conformité étranger,
- the certificat de cession issued by the previous owner, or a copy of the bill of sale,
- the certificat d’acquisition issued by the Hôtel des impôts,
- the completed demande d’immatriculation from the préfecture.
Your log book will be issued on payment of the fee corresponding to the car’s taxable horsepower.

or

2/ If, for whatever reason, your car is NOT recognised in France, you should visit the DRIRE (Direction Régionale de l’Industrie, de la Recherche et de l’Environnement) to get a Procès Verbal de réception à titre isolé (at a further cost of €107). You can then finally go to your préfecture and get your log book by following the same instructions as above, without forgetting to add to the list the PV de réception à titre isolé.

All in all, it is much simpler to buy a car in France – which is probably the object of all the bureaucratic difficulties put in the way of a would-be importer.

Further information may be obtained from:
• Le Ministère de l’Équipement des Transports et du Logement, La Grande Arche, 92055 La Défense Cedex.
Tel: 01 40 81 21 22.
www.carte-grise.info

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Residency in France for non-Europeans

November 18, 2007

The endless opportunities in 25 member states have encouraged Europeans to consider the possibility of residing in a neighbouring country. But with so many people migrating across Europe, where does this leave the rest of the world who may wish to live and work there as well? No longer does the iron curtain separate a Europe, but rather the EU and the rest of the world. So what does one do to reside in France as a non-EU citizen?

Two cartes permit residency in France for non-Europeans: the titre de séjour (commonly called carte de séjour) and the carte de résident.

Titre de séjour
The titre de séjour permits temporary residency in France for a planned stay for up to 12 months. It is granted for a specific purpose such as study, employment or research. Once obtained, the titre de séjour is not automatically reissued; it will depend upon the reasons given for renewal.

To obtain the titre de séjour, non-EU individuals need to apply for a long-stay visa through the French consulate in their home country before arriving in France. Once in France, without it, it is necessary to return to your country of origin to obtain the long-stay visa before you will be issued with a titre de séjour. The long-stay visa validates the reason for applying for a titre de séjour.

The long process involved in the application for the long-stay visa includes : criminal record checks, proof of savings, proof of health insurance, proof of enrolment in a university (if student), proof of employment (if worker). Contact or view the website of the French consulate in your country for more details.

Generally speaking, you have a window of time from your arrival in France to apply for the titre de séjour ; otherwise, your application may not be received. (Note that the time period can be as short as eight days!) Check with the mairie, or the préfecture upon arrival. It can take several weeks (sometimes months) to process a carte de séjour. There are rules that regulate whether, where and for how long you can leave France, and they vary depending on the status of your titre de séjour. Be sure to ask which rules apply to you at the préfecture before planning a trip abroad.

To apply for the titre de séjour, you will need to collect several documents and then present them at the mairie or the préfecture. Among others, you may be required to present :

Students (for first-time application).

1 Justicatif d’Identité: passport, original copy of birth certificate and a translated copy.

2 Visa de séjour en France: Photocopy of passport with visas, stamps.

3 Justificatif de domicile à Paris (proof of fixed address, if student lives in Paris) : A lease agreement or the like. If you do not have your own fixed address, but are staying in a residence, home or similar accommodation arrangement, it is possible to obtain from the owner an attestation d’herbergement or an attestation de foyer (declaration that you are reside at the address).

4 Justicatif des resources: Proof of a minimum income of 430€ per month (ie, a bank statement to indicate sufficient funds that has been certified by the French consulate in your country).

5 Justificatif des études suivies: Proof of enrolment (originial and photocopy).

6 Justificatif de la réalité et du serieux des études suivies l’année précedente: Proof of ongoing studies. Essential for renewing the titre de séjour.

7 Trois photographies d’indentité tête nue: 3 passport photographs. Without headgear

8 A visa allowing the bearer to work (activité salariée) less than 20 hours per week and more during vacation periods. This is provided by les services de la main d’œuvre étrangère.

Workers:
Work in France should be arranged before arrival. There are specific long-stay visa application for positions such as an au pair and language assistants. There are different employment contracts, and the length of stay allowed by the titre de séjour will depend on the contract. The documents for the titre de séjour for employment are similar to those listed for students, except that proof of employment rather than enrolment will be required. Finding permanent employment in France is difficult, as preference is given to nationals rather than EU citizens. It is possible to search for employment without the titre de séjour, but illegal to work without it. If on the off-chance you find employment in France, your carte is more likely to be processed if the employer can confirm to the mairie / préfecture that they are interested in employing you.

Spouse of a French national:
If you have married in France, or you have moved to France after your marriage, then it is possible to receive the titre de séjour. For spouses, there are added benefits, for it permits more than one function ; eg, residency with or without employment or study.

1 Extrait d’acte de naissance et traduction: original birth certificate with translation,

2 Photocopie du livret de famille : the blue family booklet given at the civil marriage ceremony

3 Acte de mariage: marriage certificate (with translation) dated less than three months.

4 Visa d’entrée en France: photocopy of passport with visas and stamps.

5 Date d’entrée sur le territoire français: date of entry into France or French territories

6 Date d’arrivée sur la commune: date of arrival in the town.

7 Photocopie recto-verso de la carte nationale d’identité française: Photocopy both sides of spouse’s ID card, as proof of French nationality

8 Quatre photographies d’ndentité tête nue: 4 passport photos, with head uncovered

9 Photocopie de la dernière quittance le loyer ou d’éectricité ou télécom: Photocopies of the last rent, electricity or phone bill

10 Photocopie bail ou contrat de location ou titre de propriété: Photocopy of lease agreement or title deeds of residence if owned

11 Déclaration de vie commune : a document signed by the couple at the mairie

12 Photocopies du contrat de travail et fiches de paie: employment contract and pay slips

13 Imprimé de visite médicale OMI à remplir et signer à la mairie : document that certifies that the applicant has had a medical check-up (the préfecture can supply names of approved doctors) that needs to be filled out and signed at the mairie.

Note: All translations need to be done by an official translator. The préfecture can supply names of these.

Carte de résident
The carte de résident allows you to reside permanently for periods of 10 years.and to follow the occupation of your choice in all the French territories. Warning: obtaining this card is not easy ; there are many variables which can influence a non-EU citizen’s receiving permanent residency in France, and they are more strictly scrutinised than for the titre de séjour: For instance, the purpose of the stay, the duration, personal circumstances, the country of origin, the degree of integration and status in French society and mastery of the French language are factors which will determine if permanent residency is granted.

  Depending upon your eligibility, most people who seek the carte de résident must justify a continuous and regular residence in France for at least 5 years counting from the age of 11. This period can be interrupted if the person leaves France (for holidays, for example).

The term of residency is reduced to two years in two situations:

first, when a family member seeks to join their family in France whose members already have a carte de résident, and second, if the parent of a child with French nationality has temporary residence in France. If you have been married to a French national for three years or more, you can apply for the carte de résident directly. If you have been married for less than three years, then you must hold the carte de séjour for three years, renewing it every 12 months before applying for the carte de résident. Proof of vie commune, ie, living together, needs to be demonstrated ( a rental receipt, joint bank account, tax declaration etc). Eligibility for the carte de résidence is extended to those who have received refugee status, or who have served in the French foreign legion for a designated period. There are also other categories not mentioned here.

Apply directly to the préfecture for the carte de résident, not the mairie. The following is only a guide as to what you may require :

1 Passport

2 Documents proving residence

3 Proof of identity, family record book (livret de famille), birth certificate

4 Three passport-size photographs

5 Proof of living together

6 Proof of integration in the community

7 A contract of employment or a promise of recruitment,

8 If a married applicant is employed part-time or is without employment, the income of the spouse can be taken into consideration

9 Provide any document proving the stability of your situation in France: real estate purchase, bank statements and presence of your family in France.

10 A medical certificate issued by the Agence nationale de l’accueil des étrangers et des migrations (ANAEM).

If you exit France for a period equal to or exceeding three years, the carte de résident is terminated and must be applied for again, and the second time around is likely to be harder than the first. To find out if you are eligible for the carte de résident, speak directly with the préfecture in your département.

I managed to get it so bonne chance!

For more details, see www.prefecture-police-paris.interieur.gouv.fr.

by Emma Moore

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