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✎ EN Conflicting advice on French Carte de Sejour.

Discussion in 'Immigration France' started by dozofoz, Mar 24, 2005.

  1. dozofoz

    dozofoz New Member

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    Hi All,

    I realise there is oodles of information on French visa’s, work permits, residences etc etc both on this site and on the web. But, I, like everyone else seem to come across conflicting information.

    My situation :

    I am an Australian married to a British citizen, I currently work in UK with all associated permits etc. I have been offered a job in France and would like to move family over there. The job is very specialised and the company are beginning the process of applying for a Foreign national visa based on them being unable to find a European with required skills.

    My Problem:

    I know from this website and the French consulate in London that I have the right to work in France based on my marriage which would allow me to work immediately upon arrival in France rather than wait 3-4 months, however, my future employer contacted the Prefecture de la Loire-Atlantique to be told that I am only permitted to work with a Foreign National visa and that although I was entitled a Carte de Sejour that only gave me residence and did not entitle me to work.

    My Question(s):
    How can I prove to the employer that I do not need to wait for the foreign national visa before I am allowed to start work. They, with good reason, are doing as they are told by the local Prefecture.
    Is this just a case of a misinformed local Prefecture?
     
  2. EasyExpat

    EasyExpat Administrator
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    It seems actually that the local Prefecture does know better than the French Consulate! :mad:

    The general rule is that as soon as a EU citizen has the right to be resident in another EU country, that right is extended to his/her family member. In addition there is no "carte de séjour" in France for EU citizens since the end of 2004 (all EU country should abolish such documents by 2006).

    Your problem is a bit similar to a previous topic with non EU married to EU in UK :arrow: here. Coyan made a specific answer to this situation. An EU National (excluding Accession countries) who moves to France for an uneconomic purpose (students, visitors etc, dependents of non-EU spouse) will only be issued a Resident Permit, not a work permit. The non EU permit then is based on the work and not the EU-Spouse.

    As Coyan advised, the solution seems to be to get your wife to Register a Company in France (must cost 5 EUR, and is now really straight forward since the rules have been simplified recently) which automatically activates the wife's Economic Rights. Therefore it entitles you to an EU-Spouse Permit which then enabled you move to another company free of any restriction. And you do not need to wait for the foreign national visa anymore... ;)
     
  3. dozofoz

    dozofoz New Member

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    Great info EasyExpat. Most helpful.

    Maybe not exactly what I wanted to hear :( but it lets me know where I stand. )

    Of course the next question is........any ideas or links on where to find info about my wife registering a company in France. All my french friends have suggested that it is a jungle out there for those wanting to start a legitimate business. I can't imagine the difficulty in starting one just for a visa. You say the rules have been simplified - I hope you are right.

    Thanks again for you your help

    Doz
     
  4. EasyExpat

    EasyExpat Administrator
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    You can thanks Coyan, he's the one who deals with those situation :p

    Regarding the information to register a company , I hope that you can read French or you've got friends that can help you in French ;-). Apparently you can now do it online on the website of the Chambre de Commerce. Apparently you can all do in 4 steps, after registering on the website.
     
  5. dozofoz

    dozofoz New Member

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    Thx once again EasyExpat.

    My wife always wanted to run a business in France ;)
     

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