The France immigration system is complicated and most people use it are not specialists, so errors bite: these are some of the most common mistakes that foreigners in France commit when requesting visas and residence permits.
The French immigration system can be complicated, in fact, the immigration processes of most countries are somewhat labyrinthine, so it is easy to confuse, especially if this is their first experience in mobile countries.
Here at the premises, we listen to many readers who struggle to navigate the French systems, or that accidentally end up the wrong road for the residence.
These are some of the most common mistakes and sources of confusion;
The following advice applies to people who do not have citizenship from an EU/EEE country: EU/EEE citizens do not require a visa or residence permit to live in France.
The state of ‘visitor’
This is one that could easily be resolved with a simple name change, but there are currently two visas known as ‘visitors’ visas that actually offer a totally different state of residence in France.
Long Séjour Visa Temporary Visit (VLS-T) – This is the one that, in our opinion, is more precise that he names him is for people who do not live in France. It is a visor visor of short stay, awarded for a maximum or six months per year.
It is more commonly used by the owners of the second house who wish to spend more than 90 days in every 180 in France, but do not want to move here. With this visa, he maintains his residence in his country of origin: he does not obtain any right of residence in France, but it is necessary to do things like making a declaration of French Income Tax (unless he rents his vacation house, in which case), in which case).
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Visa de Long Séjour Valant Titre by Séjour Visiteur (VLSS) – This is not really for visitors at all, it is for people who live in France but are not working, studying or looking for work here. Retirees use it more commonly: this gives him the status of a resident in France that allows him to do things like registering in the health system, but also fulfills his responsibilities, such as making a French tax declaration.
Because it comes to France as a resident, after reaching this visa, it has more immigration responsibilities, how to register with OFII and obtain its Letter from Séjour Residence card
Find the complete explanation of the difference between the two Gentleman.
Type of visa
The most common reason for a visa is rejected is that it has requested the incorrect type. There are many or different types of visa (student, visitor, employee of salary player, talent passport, to name just some) and depend on you to discover what is the visa for those who meet the criteria and request the correct one.
The ‘visa assistant’ of the French government can help him with this, but if he does not conform to a single clearly defined category, he can obtain some professional tips on the type of visa to request, in or required supply.
It would be good, if you have clearly requested the incorrect visa type, if the visa service told you that and pointed it out in the right direction. Unfortunately, that is not what happens (and to be fair this is not only in the French system), on the other hand, it will simply be rejected and then start again, and pay the rate again, to request a different type.
Also read What kind or French visa do I need?
French/French spouse
There is a common wrong idea that married people with a French person are exempt from the requirement of a visa or residence permit.
This is not the case: being married to a Frenchie gives additional options for a visa, and also means that in certain circumstances you can submit a request for residence in France, instead of having to obtain a visa in your country of origin in France.
It may be the case that qualifying for various types of visa, for example, is married to a French citizen, but also has a work contract with a French company. In that case, it depends on you how it applies: the spouse visa can give it more flexibility, but it does mean that if you divorce your state of residence at risk (yes, I know, we are not very romantic here in the premises).
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Entrepreneur Status
Yes, George W Bush, the French have a word for entrepreneur. But, in fact, the word is used slightly differently in French and English, that the “entrepreneurial visa” can be confusing.
In English, we tend to use it to mean a business man or employer, while in French it means that he is closer to ‘independent’ or independent workers. If you intend to be oneself or work as an independent professional or contractor, then the entrepreneurial visa is probably correct for you.
However, one thing that must know in advance: once established in France, it must be registered as self -employed. To do this, you will need more than one customer, so if you are thinking that you can declare yourself as self -suggested and work for a company outside France, this is not possible. It is considered that people who work only for a single client are used, do not work on their own.
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Ifer, however, you are an “entrepreneur” in the English sense of the word and want to establish a business in France, probably using others, then there is an option of “business creation” within the talent visa (previously known as a talent passport).
Semi
Withdrawing France is a common dream, but it is not unusual for people to want a retirement ‘in phase’, renouncing their full -time work and then seeks work in part of time or establishing a small business.
Unfortunately, this is quite difficult for the French visa system: the most common type of visa for retirees is the visiting visa, but this requires giving a task that will not work in France. Moving to France and doing a job remotely for a company in another country is a legal gray area, but it is clear that you are not allowed to work in France if you are in a visitor visa.
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However, if you only want to work a few hours a week, you may not qualify for a work visa for financial reasons. This is the case even if you have many savings and a guest pension, because you are requesting a work visa, only the income generated by that work will be consulted. If it is not enough to live, your visa is likely to be rejected.
Read also can I retire to France and execute a gite?
Financial requirements
This leads us to financial requirements. In addition to the problem for semi-stated people described above, France is quite generous when it comes to the financial requirements for a visa.
The visitor visa has financial requirements: these are linked to the SMIC (French minimum wage) that is reviewed regularly, but is currently € 1,801 per month or € 21,621 a gross year. You can show evidence of a guest pension or savings to meet this requirement, but the general circumstances are also tasks, for example, if you own your home directly in France and, therefore, it has no rent or a mortgage.
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The other types of visa look more at their general circumstances than the amount of money it has: if you have a contract with a French company, then they are supposed to pay at least a minimum wage, while if you are going to work on your own, you must show a business plan and a proof that you can keep yourself.
The only type of visa that has an explicit financial requirement is the category of “high winner” of the talent visa.
In general, France’s financial requirements are more generous than many of the European neighbors and does not need to be a great special winner to obtain a visa or a French residence permit. It is worth noting that if you have previously worked in France and then has lost its job, you can renew your residence permit if you are receiving unemployment benefits.
Regimes prior to Brexit
A common mistake for the British who wish to move to France is to look at examples of citizens of the United Kingdom who already live here and assume that they can replicate their situation.
That may not be the case, in principle, since the British who were already living in France before Brexit are covered by the Brexit withdrawal agreement that gives them a wide range of the rights to remain and work in France.
British moving to France now falls under the general immigration system for citizens who are not from the EU, which is much less flexible.
The Brexit guide for British moving to France
RESIDENCE AND FISCAL RESIDENCE
Being a ‘resident’ in terms of immigration is not necessarily the same as fiscal residence. You can find a complete explanation GentlemanBut in the Charter it can become a fiscal resident automatically when spending a certain amount of time in France, which is a resident for immigration purposes means having the right to live in France, which for citizens who are not from the United States means having a visa or a residence Pombit.
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However, the two are somewhat linked, since anyone who lives in France must complete the annual income tax declaration (even if it has no income in France).
Therefore, it is important to ensure that your state of residence and fiscal status are compatible; For most people, this will be simple; If he lives in France, he is also a fiscal resident and makes an annual statement here.
If Howver, his agreements are more complicated, it is recommended to take advice from both an immigration specialist lawyer and an international tax specialist, in order to guarantee that he complies with both areas. Do not assume that just because the fiscal advisor tells him that something is good from a financial point of view, so it will also be well from an immigration position, or vice versa.
Hole
Which leads us to the ‘lagoons’ varosites that people claim to have found within French fiscal or immigration systems.
The problem of trying to exploit an aspect of the system is that you almost always create problems for you within a different system; For example, owners of the second house who manage to ‘play’ the system and obtain a Letter from Séjour Residence permit. Of course, this allows you to avoid onerous restrictions, such as the 90 -day rule, but when a resident in France is declared, it is also obliged to do things like making an annual French tax declaration, exchanging its driver car, a Licsce Licsce Ticence for a Licesce Fitchesce and a Fitches, to a Fitche Licsce Licesce, to a fitt Licetsce and appoint a phytches, a Licsce Licesce Fitches, a Licsce Fitches and a Fitches, a Fitches, a Licsce Fitches, a Fitches Licetsce and a Fitches, to a Fitches, to a Fitches Licsce Licsce Lices. To appoint a Fitchelesce Licesce and a Fitchelesce Licesce and Atce, to a Fitchesce, to name a Fitchelesce car, to name a passionate fence.
In the letter: there is no career hole.
Find experts
Unfortunately, it is the case that here in the premises, the people we have seen in the entanglement of sausage immigration are those that have bones given bad advice of ‘experts’ not qualified.
The ‘relocation expert’, ‘holder of the hand’ or the ‘repairing’ sector is not totally regulated and just because someone is offering to take their money, does not mean that they are qualified.
While these services can be useful with the search for housing and other practical tasks, when it comes to visa and residence permits, you should only receive advice from a lawyer who is a qualified immigration specialist, idly with France and her home.
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