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Q: Moving to France as an American who works (legally) in the UK ( Answered,   0 Comments )
Question  
Subject: Moving to France as an American who works (legally) in the UK
Category: Relationships and Society > Government
Asked by: hungus-ga
List Price: $50.00
Posted: 14 Jun 2005 04:45 PDT
Expires: 14 Jul 2005 04:45 PDT
Question ID: 533133
I am a American (US Citizen) who leagally resides in the United
Kingdom (Work Permit) who wishes to move to Lille (France) and take
the Eurostar back and forth to work on a weekly basis. My work permit
is for 60 months and I have already lived here in the UK for a year.
When I called the French embassy here in London they could not figure
out what status I would have or if infact it would be legal. The gist
of this is that my wife would like to have a chald soon and the loss
of her income would more then be made up by the exchange rate on the
pound. Regardless, what process would one engage in to get legal
residence in France while working in the UK as an american citizen?
Answer  
Subject: Re: Moving to France as an American who works (legally) in the UK
Answered By: politicalguru-ga on 14 Jun 2005 09:22 PDT
 
Dear Hungus, 

Before I begin my answer, let me refer you to the disclaimer on the
bottom of this page: " Answers and comments provided on Google Answers
are general information, and are not intended to substitute for
informed professional [...] tax, legal, [...] or other professional
advice. Google does not endorse, and expressly disclaims liability for
any product, manufacturer, distributor, service or service provider
mentioned or any opinion expressed in answers or comments."

In other words, if in doubt, please contact an immigration lawyer. If
you want to know whether there are tax implications to living in
France, I suggest you'll contact an accountant specialising in such
cases.

I am surprised that the French consulate could not give you the answer
that I'm about to give you, because it is pretty straight forward (and
yet, suits your needs exactly).

The French authorities issue several types of visas that would enable
their bearer to legally reside in France. Basically, they could be
divided into the temporary visas and the permanent ones. A permanent
visa could be obtained only after three years of legal residence in
France (through a temporary visa or other permits), so it's not
relevant here.

There are several types of temporary visas. All of them are granted
for a period of one year, and could be renewed. It is important to
note, that before that, you can live in France for three month legally
without requiring any permit.

Types of Temporary Permits:
--------------------------

"Visitors (visiteur): You may not work and need financial resources to
live during your stay.

Student (étudiant): You may work part-time during the academic year
and full-time during holidays. You need sufficient financial resources
for the study period (2004 ?826.83/month) and be enrolled in a
recognised French educational institution.

Employee (activité salariée): To obtain this permit, you need a work
permit (see our guide on working permits ).

Self-employed (activité non salariée): Gives the right to exercise a
professional activity. To get this permit, you need to be authorised
to exercise such an activity in France (i.e. have the corresponding
and homologated professional qualifications).

Trader (commerçant): Gives right to exercise trade and commercial
activity. To get this permit, you need to be authorised to exercise
such an activity in France (i.e. have the corresponding and
homologated professional qualifications).

Scientific (scientifique): Gives right to regular entry and residence
in France for scientific research or/and teaching at university level.
You need a certificate ( protocole d'accueil) from a research
institution or from a university, which states your scientific
qualifications and the purpose and duration of your stay/s.

Cultural and artistic profession (profession artistique et
culturelle): You can obtain this permit if you have a contract for
more then 3 months with a relevant organization for exercising
cultural or artistic professional activities.

Temporary employee (travailleur temporaire): You can obtain this
resident permit if you are employee with a temporary working permit.

Private or family purposes (vie privée et familiale): You have rights
to receive this residence permit for example if you are:

a minor (18 years old or less) of a holder of a residency permit 

the spouse of a holder of a residency permit and enter France legally 

a minor (18 years old or less) living in France since the age of 15 

resident in France for more then 10 years (or 15 years if living as a student) 

the spouse of a French national and you enter France legally 

one of the parents of a child with French nationality and the child is
financially dependent on you or you have custody of the child"
(SOURCE: Just Landed.com, "Types of residency : What do you need to
apply for?", <http://www.justlanded.com/english/france/tools/just_landed_guide/visas_permits/types_of_residency>).

Of these, the visitor's visa would be your best option. It is intended
at people who do not (and may not) work in France, and have financial
resources from elsewhere (i.e., your job in the UK).


How to obtain a temporary visitor's permit
------------------------------------------

You will first have to find a place to stay in Lille. As mentioned
before, your first three months are visa-free (which is an interesting
loophole, I'll refer to it later): however, you must sort your legal
issues and apply for a temporary visa in France.

You apply in the following place: 
   	Préfecture du Nord	
  	2 rue Jacquemars Giélée	
  	59039 Lille Cedex	
  	Téléphone : 0320305959	
  	Télécopie : 0320570802	
  	Site : http://www.nord.pref.gouv.fr	
	
Further addresses for information: 
   	Direction régionale des affaires sanitaires et sociales du Nord Pas de Calais	
  	62 boulevard de Belfort	
  	BP605	
  	59024 Lille Cedex	
  	Téléphone : 0320626600	
  	Télécopie : 0320626662	
 	
   	Direction départementale des affaires sanitaires et sociales du Nord	
  	Cité administrative	
  	175 rue Gustave Delory	
  	BP2008	
  	59011 Lille Cedex	
  	Téléphone : 0320183333	
  	Télécopie : 0320850826

Délégation régionale de l'Office des migrations internationales (OMI)  - 
Délégation de Lille 
Tél. : 03 20 99 98 60 concerne le Nord (59)  

SOURCE :  Etrangers : carte de séjour temporaire
<http://vosdroits.service-public.fr/particuliers/F2209.xhtml?&n=Papiers&l=N21&n=Papiers%20des%20%C3%A9trangers&l=N373>.

Information in French on the requirements are in the link above. If
you need an English version:
JustLanded: Residency in France/ What is a residency and how do you apply for it?
<http://www.justlanded.com/english/france/tools/just_landed_guide/visas_permits/residency_in_france>

This is of course also valid for your wife. 


The Loophole
------------

This is a weird loophole, and this might be the reason why the French
bureaucrats were puzzled. As an American, you are allowed to enter
France without any permit for three month. However, if you leave
France every week, the three-month period would in fact never end, as
long as you do it.

I am not recommending to rely on this loophole, although it seems that
theoretically you won't even need the visas mentioned. This is because
you're actually planning to move the centre of your life to France.
This might be considered by some immigration officials as actually
"living" in France, despiet the fact that you leave France every week.
For your wife and child, of course, this would be also easier, if you
also had a visa, in case you needed to stay with them for a longer
period.

Please note, that I am not sure that your wife would be entitled to
get the same maternity rights as permanent residents of France, shall
you move there. This is a topic for a different question, I'm afraid.

Here is a bit more that *might* help: 

Find a lawyer in France 
<http://answers.google.com/answers/threadview?id=246954> - lawyers
spcialising in employment law in Lille.

Lille: The Good, the Bad and the Ugly 
<http://answers.google.com/answers/threadview?id=46042> - Get to know Lille. 

I hope this answers your question. Please contact me if you need any
further clarification on this answer before you rate it. My search
strategy was to rely on official French documents as well as on terms
related to residence, permits, in France.

Request for Answer Clarification by hungus-ga on 14 Jun 2005 14:04 PDT
See..what may not be clear here is that my wife is on my UK work
permit as a dependent. She is a legal resident in the UK (American
citizen)...however, we/she will be moving to France if we can find a
way to make this work. The key is we need more then a temporary
status. What you have provided is great...however it does not suit my
needs. A visitor status would not due...as she/I would be real
residents...

Clarification of Answer by politicalguru-ga on 15 Jun 2005 00:28 PDT
Let me clarify, please. 

This "temporary permit" called a "visitor's permit" is a residential
permit. It is not a tourist visa. The reason that it is called a
"visitor's permit" is to distinguish it from other temrporary
residential permits, those which refer to workers, students, or other
groups (as mentioned before); and to make clear that unlike these
other temporary residential permits, she would not be allowed to work,
if she bears this permit.

One could get a permanent residential permit only after a period of
three years, in which one had the temporary permit. That means, that
you cannot automatically  get the residential permit.
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