Hi,Here is my situation. I amAustralian, I have been pacsed with my American girlfriend (who is a permenant resident of France-she has a carte de residence). We have been living together for almost 2 years and pacsed for 6 months.We went to the prefecture recently to try to get me a carte de sejour vie privee familial and they told me no, apparently because my girlfriend isn't French, I have to wait until I can prove three years instead of the one year of vie Commune. i was on a visitors visa and now I've received a convocation so, I'm guessing they'll giveMe my visitors visa again which means I can't work.Is this actually in the law or are the prefectures being difficult and if they are being difficult on purpose then what can I do to rebutt it and if this is the law then what other visa can I apply for that will allow me to work..There's a small business my friend wants to open with me, would it be possible for me on a visitors visa to open a small business with my friend through a business visa? Can I apply for auoenterpreneur? What is the easiest and sure way for someone in my situation to work legally?
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Thank you for your question.
Please could you tell me how long your partner has been living in France?
Please could you also tell me if you are currently in France at present?
Finally, how long have you physically lived together in France?
I look forward to your response.
Dear Mr. Valcke,thank you for your quick response! Here are the answers, i've tried to be as specific as possible, please do not hesitate if you need more information:She's been living in France since january 1994 she lived for a while in london (beginning of 2000 to oct 2004)Yes I have been living in France for two years first year under a working holiday visa and then I went back to australia and applied for a vistors visa based on the fact i'm going to PACS my girlfriend which they gave me in June last year and I have been living here on this visa. On my recepisse it says that i'm waiting for a renew of my vistors visa so I'm assuming my attempt to get a CDS vie privee familial didn't go anywhere and when I go in july this year, they'll just give me the same vistors visa and ask me to wait till oct 2013 or even 2014 to work.I have been physically together with my girlfriend since july 2010, my earliest EDF bill with both our names is from august 2010 (they attempted to say they can't take edf bills as evidence because we could have called edf up and easily lied-although their list of pieces a fournir listed EDF bills). The fact is, we have been together since then but only had a joint bank account since july last year.thank you!
Thanks for confirming.
It is clear that you are entitled to make an application for a "carte de séjour temporaire mention 'vie privée et familiale' ".
In accordance with Article L313-11 7* of the CEDESA (French immigration code), you are entitled to apply for such a card if you have strong personal ties with France. This clearly applies to a person who benefits from a PACS with a person having permanent residence in France.
According to Ministerial Circular N° NOR/INT/D/04/00134/C of 30 October 2004, a person who is PACS'ed needs to demonstrate at least one year of living in France with their partner in order to be able to meet the requirement of "vie commune".
The Circular states in French: "Compte tenu toutefois de la spécificité de la situation de ces partenaires de PACS, qui doit être distinguée de la simple relation de concubinage, et comme vous l'appliquez depuis avril 2002, une appréciation pragmatique des critères de réalité et de stabilité des liens ci-dessus évoqués vous conduira normalement à considérer comme satisfaite la condition de stabilité des liens en France, dès lors que les intéressés justifieraient d'une durée de vie commune en France égale à un an." http://www.interieur.gouv.fr/sections/a_votre_service/publications/circulaires/2004/INTD0400134C.pdf/downloadFile/file/INTD0400134C.pdf?nocache=1248433913.26
This circular was reconfirmed by Ministerial Circular NOR INT/D/07/00005/C of 16 January 2007: http://circulaire.legifrance.gouv.fr/pdf/2009/08/cir_29293.pdf and by Ministerial Circular NOR IMI/K/07/00010/C of 14 December 2007 http://circulaire.legifrance.gouv.fr/pdf/2009/08/cir_29276.pdf
None of these circulars provide that you must show three years of "vie commune"
Proof of "vie commune" is usually made by providing bills in both your names, details of a joint bank account, mail addressed to both of you there, etc. You would want to give as many examples as you can of both of you receiving mail at your address during the last year.
I would therefore suggest that you return to the prefecture and request the right to apply for your "carte de séjour temporaire mention 'vie privée et familiale' ".
If they refuse again, I suggest you contact any of the following organisations (listed under "Droits des étrangers") for further assistance free-of-charge:
I hope this answers your question. Please don't forget to click accept. Thanks in advance.
hi Mr. Valcke,thank you for your answer.As i have done intensive internet research, i have the document "Ministerial Circular N° NOR/INT/D/04/00134/C of 30 October 2004" when I went to the prefecture. They made it very clear that this is the case however, it only applies for someone PACSED with a French or EU national. They agreed if I was PACSED with a French national, I would have had the right to CDS vie privee familiale at this moment. They made a distinction between a French permenant resident and a French national (someone who can vote). and they said I had to wait three years as opposed to one based on this. I think in fact the above circular mentions only french nationals and eu members...Is there something else you have that might use a broader term which includes permanent residents or something that mentions permanent residents having equal rights to citizens in a case like mine?thank you again.
I think the French authorities are taking an overly restrictive interpretation of the circular.
It is quite clear the circular applies to a PACS between two foreigners.
The extract I quoted for you in French is found under the heading "2- La situation des étrangers signataires d’un pacte civil de solidarité" which translates as: "2- The situation of foreigners having concluded a "pacte civil de solidarité".
There is no mention in the circular of the need to operate a difference in treatment between a person PACSed with an EU or French citizen and a person PACSed to a non-EU permanent resident. Ther is no mention in the circular that non-EU partners have to demonstrate 3 years of living together. Nor is it not provided for by any Ministerial Circular. The only circular dealing with a PACS is the one I referred to.
Unfortunately, if the local authorities persist in taking such a narrow view of the circular, you are going to need to contact a French association for migrants to help you make your case. You can also hire an avocat to do so (but associations usually do this free of charge).
Applying for this card remains the most viable option for you.
Now your alternative would be to apply for the "carte de séjour mention 'compétences et talents' ". However, this would require you to return to Australia and apply through the French embassy there.
For this option, you would need to show that you would be engaging in a business that will provide significant and lasting benefits to France. It is unlikely that a small business would suffice unless this is a novel product or service which is likely to lead to an expansion of business within a short period of time and generate further employment in France. You'll find out more here: http://www.ambafrance-au.org/The-Competences-et-Talents-Card
I hope this answers your question. Please don't forget to click accept. Thanks in advance.
Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
Dear Mr. Valcke, thank you so much for your insight on this, i'll definitely try to contact those organizations to see if there can be help. If there is any light you can shed on whether someone like me on a visitors visa can apply for autoenterpreneur status to work freelance I'd appreciate it so much but I'll accept now as I'm happy with what you've answered so far already. thanks again.
You would certainly be entitled to apply for the status of auto-entrepreneur if you first obtain a carte de sejour giving you the right to work as a self-employed person.
You should know that the status of auto-entrepreneur is essentially a category of self-employed person that involves lower social security and operating costs.
There is a specific status of carte de sejour for the self-employed, but it requires you to first obtain a long-term visa. If you were to apply for a "carte de séjour temporaire mention 'vie privée et familiale'", you should then be able to change categories.
I guess the visa I am on now "visitors" is a long term visa, so can I confirm it would be good for me go to the prefecture, first trying to fight again for a CDS vie privee et familiale which will allow me to work like any other person and if that doesn't seem possible, i'll then try to apply for a carte de sejour temporaire ...which they might be more free about giving since it involves lower social security to the french system?thanks again!
Good luck with it! Let me know how it goes.
thank you for your help, i'll definitely let you know how it goes!
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