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Reader question: Do I need a lawyer to deal with my French visa or residency card?

French administration can be a daunting task - but will paying a lawyer actually get you a better service? We take a look at what lawyers can and cannot do.

Published: 12 October 2023 13:50 CEST

Reader question: Do I need a lawyer to deal with my French visa or residency card?

Photo by OLIVIER CHASSIGNOLE / AFP

Ultimately, of course, this comes down to a personal choice – for some people the idea of taking on another French administration task can be simply too daunting/terrifying/boring and they would rather pay someone else to do it.

But you need to be careful that you find someone with the right qualifications, and understand exactly what you can expect from them.

Visa applications

The French visa application process is two-step process – first make the application online via the French visa service, and then you are directed to a contracted service in your home country which will deal with checking your documents and handling the in-person appointment and gathering fingerprints and biometric data.

EXPLAINED How to apply for a French visa

The French system is designed to be used by individuals. If you instruct a lawyer to make your application for you, they will just be going onto the same website and filling in the same form as everyone else – there is no special privilege for lawyers.

Also, bear in mind that you will still need to assemble your dossier for the application – ie gather together supporting papers such as your birth certificate, academic qualifications, financial proof, health insurance documents etc.

The France Visas website is available in English, so language is less of an issue here than with other admin tasks.

When is a lawyer a good idea? If your situation is complicated it can be a good idea to consult a lawyer to ensure that you are applying for the right type of visa. If you apply for the wrong type of visa for your situation then your application will be rejected and you will have to start again (and pay the visa fee again).

For most people this is straightforward – if you’re coming to France to study you want a student visa, coming for a job then you want a working visa etc – the France Visas website also has the ‘viza wizard’ which allows you to enter your personal circumstances and then points you to the correct visa.

EXPLAINED What type of French visa do you need

However if you don’t fall neatly into a single category of student, worker, retiree etc then it’s a good idea to consult a lawyer about your visa options – especially if your long-term plan is to change your status, since this is not always possible.

Carte de séjour applications/renewals

Once in France you will usually need to apply for a carte de séjour residency card, and in most cases these need regularly renewing until you reach the stage of a carte de séjour pluriannelle or permenant (usually after five years of residency).

If you change your status you may also need to apply for a different type of card, depending on your length of residency – eg if you arrive on a student visa and then graduate and get a job you will need to switch to a residency card that allows you to work. Or if you arrive on a spouse visa and then get divorced you may need to change your status.

Reader question: My status changed, do I need to change my carte de séjour?

The application is done via your local préfecture (unless you’re in Paris, in which case it is the Préfecture de Police) and as with the visa system, it’s designed to be used by individuals.

Most préfectures these days have an online process which is relatively straightforward to use. The application process is in French, so it’s a good idea to get some help if your French is still at the beginner stage, although this doesn’t necessarily have to be a lawyer.

Most people complete carte de séjour applications and renewals without involving a lawyer.

When is a lawyer a good idea? If you are in any kind of irregular situation it can be a good idea to consult a lawyer – perhaps your previous card has expired, or your status has changed and you’re not sure which type of card you need to apply for now.

Renewing cards can be a time-consuming process and, especially in Paris, it can be hard to get appointments at the préfecture – some people resort to lawyers if they have been waiting for months, but there’s little evidence that getting a lawyer involved actually speeds things up. If you’re in a small town it’s likely that your lawyer will know people who work at the préfecture, so sometimes personal connections can help, but lawyers don’t have access to any kind of different system.

If your application for a renewal is rejected it can be a good idea to consult a lawyer to fully understand the reasons for rejection, and what your options are.

If your application has been rejected, or you are stuck in an admin loop and cannot get any help from the préfecture, one option before paying for a lawyer is the Défenseur des Droits – this is a body that offers free help and advice to anyone in France whose legal rights are not being respected. Find more info here.

Citizenship

If you’ve been in France for some time then you may want to apply for citizenship and this involves a lengthy process and a massive file of paperwork.

The application process is now done online, and the government website also has a handy web tool that allows you to input your personal circumstances and then creates a bespoke list of all the documents you will need (usually between 15 and 25 different documents including a criminal records check, old tax declarations and full birth certificates).

You will need to get all these papers together yourself, even if you do end up instructing a lawyer.

For most people the most daunting part of the process is the in-person interview (in French, naturally) where you are required to prove your knowledge of France, your adherence to its values and your genuine desire to become France.

Obviously, you cannot have a lawyer do the interview, since the whole point is to prove yourself as a potential model citizen of the republic.

When is a lawyer a good idea? If your application is rejected you have the right to appeal – however the process is complicated so it can be a good idea to consult a lawyer to ensure you fully understand the reason for the refusal, and what your next options are. It is possible to appeal without a lawyer, however.

The process for getting citizenship is a long one – between 18 months and two years is average but many people wait much longer. Applications are handled by préfectures, so there are wide variations between different areas. Some lawyers claim that they can speed up this process, but the jury’s out on whether this is really possible.

Complicated applications – the French immigration system – like most immigration systems around the world – expects people to fall into certain categories eg student, employee, self-employed, retired, spouse. Visas and residency cards are generally issued based on these statuses.

However, not everybody fits into a neat category and if you have complicated personal circumstances it’s a good idea to consult a lawyer who can get a complete picture of your life and what you want to do in France and advise you on the type of visa/residency card that suits you best.

Bear in mind that certain residency decisions can also have a knock-on effect on your tax situation, so if your situation is complicated it’s also a good idea to consult an accountant with specialist knowledge of both the French tax system and the tax system in your home country, to make sure that you are fully tax compliant.

The issue of living in/visiting France and working remotely for a company back home can also be a complicated one, largely because most immigration rules were written before remote working became widespread, so it can be hard to find information.

Irregular situation – if you end up in any kind of trouble with the immigration service or in an irregular situation where you don’t have the correct paperwork to be in France, then it’s always a good idea to consult a specialist immigration lawyer as soon as possible.

Find an expert

If you do decide that you need help, be careful who you instruct. There are a lot of people out there advertising their services to expats as ‘visa experts’ – but these people don’t necessarily have any qualifications and anyone can set themselves up as an online expert.

If you are paying money for a service you want to ensure that the person you’re paying knows what they are doing – in the case of visas/residency cards that means a qualified lawyer who specialises in immigration matters. If your situation is complicated you really need someone who is an expert in both French immigration law and the laws of your home country – plenty of specialist immigration lawyers are certified in both France and the UK/US/Australia.

Recommendations from friends are always good, but make sure that it’s someone in a similar situation to you – if you’re American it’s no use instructing a British expert just because they did a great job for your British friend, as they may know nothing about US law.

Member comments

Anonymous - 12 October 2023 at 16:29 CEST

It would be useful to mention here that French lawyers are very expensive. So make sure you really need one and whether hiring a lawyer will actually help. Signing up for a protection juridique (available at most banks and insurance companies) is very recommended. Also, visa applications have to be made in the country of origin, so a French lawyer cannot help you there.

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Are Australian pensions taxed in France?

The situation for Australians can be particularly confusing, largely due to the fact that Australia and France do not have a bilateral social security agreement (though there is an income tax treaty).

Before going any further, it is worth noting that this article is meant to give an overview of the pensions situation for those with Australian pensions in France. It does not replace professional financial advice, and Australians looking to retire in France should seek out expert financial assistance before making any decisions about their pension.

The first step is to determine whether or not you are a tax resident in France (you can look through our guide). All tax residents must fill out a yearly tax declaration, and they must report all global income, even if it is not subject to tax in France.

Where is my pension taxed?

As for pensions, let’s start off with the basics – if you receive a civil service pension from the government of Australia – meaning you were a federal or state public worker, then that pension is only taxed in Australia and it will not be taxable in France, though you will have to declare it along with all global income, although this could count towards your household income which can push you into a higher tax bracket.

As for all other pensions – these are considered taxable in France.

If you have a pension from another country besides Australia, different rules may apply based on that country’s bilateral tax treaty with France. Here is the situation for British, American, and Canadian pensions, and here is an overview of the system.

Age pension

There is a big catch for Australians – the lack of a social security agreement means that Australians living in France may not be able to claim their Age Pension (assuming they qualify based on income constraints).

While you can be an Australian living in Austria, Belgium, Chile, Croatia, the Czech Republic, Spain or Estonia, among others, and still claim your Age Pension, this is not the case in France.

What’s crucial here is when you move – if you start receiving your old-age pension and then you move to France, then you may be able to continue claiming the pension. If, however, you move to France before you reach pension age, then you will not be able to claim it unless you move back.

A spokesperson for the Australian government told The Local in a previous interview: “To be eligible for Age Pension, a person must generally be an Australian resident and be in Australia at the time the claim is lodged, or in a country with which there is an International Social Security Agreement in place.”

There is no such agreement with France. And, despite the efforts of some of the thousands of Australians living in France to get politicians in both countries to act, there appears to be little urgency to change the situation, which means it could be some time yet before we are able to give you any good news on the pension front.

There are groups pushing for a social security agreement, such as the Facebook group ‘Australian Pensions in France’, which can also be a helpful place to connect with other Australians navigating tax complexities between the two countries.

What about superannuation plans?

The next complex area is the ‘superannuation’. While withdrawals from a ‘super’ can be accessed after becoming a resident in France, there are tax implications to be aware of.

The Local spoke with Martine Joly, chartered accountant and tax agent from Bilateral Solutions, who has experience working in both the Australian and French tax systems.

Joly explained that the challenge is that “the two systems are totally opposite. In Australia, pensions are done by capitalisation, with your employer paying into the superannuation.”

In Australia, the contributions were taxed when being deposited, so they are meant to be tax-free upon distribution.

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However, France does not recognise this, so ‘super’ withdrawals are subject to tax here, even though in theory they have already been taxed in Australia.

To make matters more complicated, there are several different ways superannuation plans can be organised, but for the most part French fiscal authorities treat them as trusts.

This means that you may have additional reporting requirements each year, in addition to your annual French tax declaration, such as the “FORMULAIRE N°2181-TRUST2” which asks for the market value, as well as any accrued income, of the trust as of January 1st of that year.

If you are required to do this, then you will also have to name other people listed in the trust – whether they are ‘moral’ or ‘physical’ people. You will be required to give extensive information, including their dates of birth and addresses.

On top of that, you would also have to fill out an additional “event” declaration if a trust is created, modified or terminated. This must be done within one month of the event. This tax form is also available on the government tax site: FORMULAIRE N°2181-TRUST1.

How much can I expect to pay?

You will begin to be taxed when you start withdrawing from your super, and the way you are taxed will depend on whether you take payments in the form of an ‘income stream’ (periodic payments) or as a lump sum.

If you take your super as an income stream, even though it is meant to be tax-free in Australia, you will still owe tax in France once it begins to be distributed. You would be charged at the progressive marginal (barème) rate for income tax, going all the way up to 45 percent (for the highest earners only).

If you try to avoid paying, be aware that “Australia will inform France”, as Joly explained.

“They communicate well and it will not be lost. So the French will realise if you have not paid any tax, because it is fully taxable in France. You have to declare this pension income,” she said.

As for lump sum payments, whether or not you will owe tax in France depends on when you placed the super into your bank account.

“If you convert the super into a bank account prior to leaving Australia and becoming a tax resident in France, then this is not an income, it is a saving,” Joly said.

As such, you would not owe income tax on it, but you would still need to declare the foreign bank account to French tax authorities.

If you take your lump sum super after moving to France and becoming a tax resident, then you would owe tax here upon distribution.

Beware that lump sums are complex and you should get financial advice before making this decision. Technically, French tax authorities may allow a return of once off pension capital to be taxed at a flat rate of 7.5 percent.

But in reality, anyone seeking to do this would need the express, written confirmation from French tax authorities that this rate will be applied. Similarly, you should be aware that this likely will not be possible if you have already begun drawing from your ‘super’, as the flat rate is often only available if the full amount is taken at once. Again, individual professional advice is highly recommended.

You can also find more information at the French tax website Impots.Gouv.Fr.

Joly pointed out a few other things Australians in France should be aware of – including the possibility you may owe the IFI (Impôt sur la fortune, or wealth tax) which considers whether you have property valued at €1.3 million or above.

“Due to high real estate prices in Australia, people just owning a small apartment in Sydney may not realise they would owe tax on this in France later on,” she said.

You should also keep in mind that Australia’s tax year runs on a different calendar year. France considers the period from January 1st to December 31st, while Australia looks at July 1st to June 30th.

This may make a difference when considering your tax residency.

What about social charges?

Deductions in France come in two types – impôts (taxes) and prélèvements sociaux (social charges).

Australians have reported receiving social charges, in addition to taxes, for their superannuation income. That being said, there are several exemptions to social charges.

For example, if you are not working and your spouse is a recipient of an EU/EEA/UK pension (with an S1 form), then both of you would be exempt from paying the CSM health charge.

As the situation for Australians can be more complicated than nationals of other countries, it is highly recommended to seek expert assistance, particularly from someone who has qualifications in both countries and understands the tax treaty.

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