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Ask the expert: How to avoid pension scams when you retire to France

It's a sad fact that tens of thousands of English-speakers who have or want to retire to France, or elsewhere in Europe, have lost a lot of money after they were advised into transferring their pensions unnecessarily.

Ask the expert: How to avoid pension scams when you retire to France
Photo: Max Harlynking / Unsplash

It’s often hard to tell good financial advice from bad – let’s face it, it’s all very complicated and most of us are not as financially savvy as we’d like to think and the warning signs are not always obvious.

For most of us, pensions are something we pay into, without actually thinking too hard about what we’re paying into and whether it’s enough to see us through what we hope will be many happy autumn years.

Many foreigners living in France report receiving dozens of cold calls from supposed financial experts, and Brits are particularly targeted because of different rules for UK pensioners who are living outside the UK.

Those transferring pensions from the UK to another country will not be eligible for compensation or help from a UK-based body such as Financial Conduct Authority (FCA) or the Financial Ombudsman.

Protect yourself

In short, British pensioners living in Europe are not protected by UK regulation if they take their pensions out of the UK.

The Pensions Scams Industry Group (PSIG) – a voluntary body set up in the UK to combat pension scams through the publication of good practice in due diligence for trustees, providers and administrators – said that key signs to watch out for are:

  • The person or company recommending that you transfer is not authorised to do so (by FCA);
  • You are offered a financial incentive to make the transfer;
  • The person encouraging the transfer is persistent and pressures you to act quickly;
  • The initial approach about transferring was unsolicited (a cold call, for example);
  • You believe you are transferring to an employer’s scheme but you have no employment link to that employer;
  • You are transferring to an overseas scheme, but don’t live in that country;
  • The scheme will invest in high risk, unregulated or complex investments, often a single type (like forestry, hotels, overseas land or cryptocurrency);
  • You are promised very high returns on the investments;
  • The fees you will pay as part of the transfer are unclear or layered, meaning several people taking their cut or commission;
  • If it looks too good to be true, it probably is – walk away.

“In the UK, the Financial Conduct Authority (FCA) supervises the financial advice industry tightly,” Tom Goold, founder of EU financial adviers Valiant Wealth, told The Local.

“However, Britons living abroad are vulnerable to advisers acting outside UK regulation allowing them to get away with selling unsuitable products loaded with expensive commissions. 

“In recent years the most common example is Brits being persuaded into transferring their pensions to QROPS in jurisdictions such as Malta or Gibraltar.”

Rules for expats

About 150,000 transfers – worth an average of £120,000 each – have been made since 2006, when the UK changed its rules to allow non-residents, such as Britons living in France, to transfer their UK pensions to a third country.

Goold said he believed “99 percent” of those transfers were unnecessary.

“They have typically involved investing via an expensive insurance bond which pays the adviser up to eight percent as an up-front commission,” he said. “The money held inside the bond is then commonly invested into expensive funds which, again, pay generous up-front commissions as high as five percent.”

He said, however, it was wrong to dismiss these schemes as scams as they are not illegal.

“Usually these are legitimate schemes and registered correctly – but simply mis-sold,” he said. 

“It’s often hard to know that you are receiving bad advice as the warning signs are not obvious and advisers will make up a host of convincing reasons to justify a transfer.”

The initialisation QROPS often pops up in discussions about pensions with people who have moved from one country to another. It stands for ‘Qualifying Recognised Overseas Pension Schemes’. UK pensions can be transferred to schemes in a third country that are listed as QROPS on an official HMRC list.

Inclusion on the list does not indicate HMRC approval.

Goold said that only a small number of pension holders would benefit from making such a transfer: “An overseas transfer should only be considered by individuals concerned about their Lifetime Allowance (LTA) which is an extra tax applied on pensions above £1,077,000. 

“Anyone with a pension of significantly less than this and unlikely to reach this level in the future really does not need to allow their pension to leave the UK under any circumstances.”

He added: “A big misselling practice is the unnecessary use of an insurance bond within a QROPS. This serves no structural purpose and is really only there to pay the adviser a big upfront commission. 

“The FCA has banned the use of insurance bonds in pensions in the UK but they cannot extend this to QROPS which fall outside UK regulation.”

Know who pays

Like the PSIG, Goold advises individuals to be wary of cold calls. And he said how advisers are paid for their services would offer a strong hint over where their priorities lie.

“It is important to ask as many questions as possible about fees, surrender penalties – and understanding exactly how the adviser is remunerated that will tell you whether or not you are being badly advised,” he said.

“In the UK this level of transparency is mandatory but offshore advisers could use smoke and mirrors to cover up any commissions they receive and convince clients they are getting a good deal.”

His advice? You get what you pay for – so be prepared to pay a fair fee for complex financial advice.

“People should look for properly regulated fee-based advisers who are remunerated by their clients and not by providers. 

“Such advisers typically charge a fair upfront fee based on advice, work carried out and the implementation of a solution and then an ongoing fee for advice, management and service. 

“Good advisers will charge what is fair and be willing to discuss it openly with the client – just as you would for other services in life. Under this model the adviser is committed to making the long-term relationship work as opposed to a commission-based model most commonly seen in pension transfers where the adviser can squeeze as much as 12 percent commission on day one and then move on to look for their next sale.”

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TRAVEL NEWS

What’s the deal with passport stamping in France?

There are clear guidelines in place about who should have their passport stamped when they enter or leave France - but the letter of the law doesn't always seem to be applied on the ground. Here's what you need to know.

What's the deal with passport stamping in France?

When you pass through a French border control post, officers will check your passport and – in some cases – stamp the date of your entry or exit of the country onto one of the blank pages in the booklet.

Although the system should be clear and simple, it becomes complicated when conflicting information is given on the ground.

Here’s what the rules say, and whether it’s really a problem if your passport is incorrectly stamped.

Who should be stamped?

The purpose of the date stamps for entry and exit is to calculate how long you have been in France, and therefore whether you have overstayed your allowed time – whether that is the time allowed by a short-stay Schengen visa or the visa-free 90-day allowance that certain non-EU nationals benefit from. 

Those people who are exempt from 90-day restrictions should therefore not have their passports stamped.

EU passport – people who have an EU passport should not have it stamped, because they have the right to unlimited stays due to EU freedom of movement.

Dual nationals – people who have passports of both EU and non-EU countries should not be stamped when they are travelling on their EU passport. However, because the passports of dual nationals are not ‘linked’, those travelling on their non-EU passports will be stamped, unless they have other proof of residency.

READ ALSO What are the rules for dual-nationals travelling in France?

French residents – the passports of non-EU citizens who have a residency permit in France (carte de séjour) should not be stamped, because they have the right to stay in France for as long as their permit is valid.

Visa holders – people who have a long-stay visa or a short-stay visitor visa should not be stamped, because they have the right to stay in France for as long as their visa is valid. 

Tourists/visitors – people making short visits to France who do not have a visa should be stamped, with the stamps keeping track of their 90-day allowance. Visitors from nationalities who do not benefit from the 90-day rule (eg Indians) are also stamped.

Travel practicalities

When crossing a French border, you should present your passport along with other documents – visa or carte de séjour – if relevant. Don’t wait for border guards to ask whether you are a resident.

It should be noted that the carte de séjour is not a travel document and cannot be used to cross borders, not even internal Schengen zone borders. The only valid travel documents for entering France are a passport or national ID card. Any other forms of ID – driving licence, residency card etc – cannot be used for travel purposes.

Border problems

While the rules on stamping are simple in theory, many readers of The Local have reported having their passports incorrectly stamped at the border, and this seems to be a particular problem for non-EU nationals who are resident in France.

Travellers are also often given incorrect information by border guards – for example being told that only holders of the post-Brexit Article 50 TUE carte de séjour are exempt from stamping, that all non-EU nationals must have their passports stamped or that only being married to a French national exempts you from stamping.

None of these are correct.

It’s also sometimes the case that people whose passports should be stamped – tourists, visitors and second-home owners who don’t have a visa – do not receive the stamp. For frequent visitors this can be a problem because it looks as though they have had a long stay in France, due to their exit not being recorded.

The system of stamping itself is also a bit haphazard with stamps scattered throughout the passport book in random order, so border guards sometimes make mistakes and miss an entry or exit stamp and therefore think that people have overstayed when they haven’t.

So how much of a problem actually is it if your passport is wrongly stamped?

It’s one thing to know the rules yourself, it’s quite another to have an argument with a border guard, in French, when a long queue is building behind you. Numerous Local readers have reported feeling that they had no choice but to accept a stamp when an implacable guard insisted upon it.

But is this really a problem?

One thing is clear – if you are a resident of France then you have the right to re-enter, and your proof of residency (visa or carte de séjour) takes precedence over any passport stamps. So it’s not a question of being barred from the country – it can, however, be inconvenient as it might lead to delays at the border while your passport record is queried.

Meanwhile people who did not receive correct exit stamps can be incorrectly told that they have over-stayed and even be liable for a fine. 

Will the new EES passport control system improve this?

Theoretically, the EU’s new Entry & Exit System – which does away with the manual stamping of passports – should get rid of these problems.

However, as we have seen, theory and what actually happens on the ground are two different things.

The EES system, due to come into effect later this year, brings in two main changes – it makes passport checks more secure by adding diometric data such as fingerprints and facial scans and it does away with manual stamping of passports and replaces it with scans which automatically calculate how long people have been in France.

You can read full details of how it works HERE

So that should eliminate the problems of unclear stamps, stamps being read wrongly or passports not getting the stamps they need.

Residents in France – carte de séjour and visa holders – are not required to complete EES checks and should have a separate system at ports, airports and railway terminals.

However, at present it’s pretty common for border guards to give incorrect information to non-EU residents who are resident in the EU – let’s hope that they are properly briefed before EES is deployed.

Have you had problems with passports being incorrectly stamped? Please share your experiences in the comments section below

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