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MOVING TO FRANCE

Moving to France: Retirement, interpreters and the most liveable French city

Moving to France - a country famous for its complicated bureaucracy - can be a daunting task. Fortunately, our newsletter is here to answer your questions - this month we're looking at the situation for retirees, how to get help with translation and a city that has recently topped the polls for quality of life.

Moving to France: Retirement, interpreters and the most liveable French city
Fancy retiring to France for a life of petanque and wine? Photo by Fred TANNEAU / AFP

Here at The Local we’re an Anglo-American team living in France – which means all of us have been through the simultaneously exciting and terrifying process of moving countries.

Our new newsletter is aimed at people who are in the process of moving, have recently moved and are still grappling with the paperwork or perhaps are just thinking about it – and we’ll share a monthly selection of practical tips. Our team is also available to answer questions from subscribers to The Local.

Retiring

France is a popular country to retire to, and one of the reasons for this is that the immigration system makes this relatively simple. In some countries it’s virtually impossible to get a visa or residency permit if you’re not either working or already have family connections there, but France has several good options for people who want to give up work and then move. 

It’s also a country that values its older people – almost a quarter of the population of France is retired due to a combination of a low pension age and a long life expectancy – and there are a lot of things in place to make life easier for older people from discounts on train and museum tickets to grants to do necessary work on your property.

All these things mean that there is a large population of foreign retirees here, so it’s easier to find friends and people in a similar situation. 

6 reasons to retire to France 

Property pitfalls

It’s fairly common for people to buy property in France, use it as a second home while they’re still working and then make the move on a more permanent basis once they retire.

When you’re buying property, one thing to look out for is its energy efficiency rating – this won’t just affect how big your heating bills are, new rules coming into effect will make it much harder to rent out or sell properties with low energy ratings, which can knock a significant amount off the value of the house or apartment. 

Explained: What do energy ratings mean for French property owners?

Lyonnais life

If you’re thinking of making a move you may already have an area in mind – and if so you can find our guides to the cost of living in the various regions of France.

But if you’re undecided then you might be interested to know why the city of Lyon has scored so well in a recent ‘livability’ rating. Despite being France’s third biggest city, it seems to fly under the radar for many anglophones, for some reason (unless you’re a fan of women’s football, in which case you are probably well aware of Olympique Lyonnais).

6 reasons to move to France’s ‘gastronomic capital’ of Lyon 

Translating

The period of the move is often when you have to deal with quite complicated processes in French, which can be a challenge if you are still learning the language.

One reader asked whether you can hire an interpreter to go to appointments with you. Although it is possible, France doesn’t have a lot of people offering this type of service, although there are several good options for people who are worried that their language skills are not yet up to the task.

Questions

The Local’s Reader Questions section covers questions our members have asked us and is a treasure trove of useful info on all kinds of practical matters. If you can’t find the answer you’re looking for, head here to leave us your questions.

Bon courage !

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VISAS

Ask the expert: What are the French immigration laws for ‘pacsé’ couples?

The French civil partnership known as Pacs is an alternative to marriage - but the situation is complicated if you're hoping to get a French visa or residency permit through being pacsé with a French or other EU national, as immigration lawyer Paul Nicolaÿ explains.

Ask the expert: What are the French immigration laws for 'pacsé' couples?

In a 2018 judgement, the Conseil d’Etat, France’s highest administrative Court, put an end to a long-running controversy as to whether or not an individual, signatory of a civil partnership under French law (Pacs) with a European citizen could be considered as a family member of the latter and therefore benefit from favourable EU regulations on immigration.

One of the core principles of the European Union has always been to facilitate the movement of European citizens within the territories of the Member States. And obviously, expatriation is a much more attractive option if family members are allowed to remain united without time limit and with rights equivalent to those of local citizens.

These assumptions form the basis of the European directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

This regulation gives a precise definition of a “family member” that includes the spouse, the descendant, the ascendant in a state of dependance, and also “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State”.

In other words, if a civil partnership, implemented by an EU Member State such as France, confers on its signatories the same status and the same rights and obligations as a marriage contracted in the same country, then civil partners must be considered as spouses under the EU aforementioned directive, and therefore benefit from the right to move and reside freely within the EU.

Quite logically, the issue was raised concerning the French civil partnership implemented in 1999 and called Partenariat civil de solidarité (Pacs).

After all, Pacs and marriage have in common the same obligation of common life, a commitment to mutual material support and the same consequences on taxes. In the meantime, unlike marriage, Pacs contracts have little to no effect on parentage, nationality, property, and inheritance and are much easier to rescind.

READ ALSO What are the differences between Pacs and marriage?

The first answer given to that question by the French legislative power in 2006 was that Pacs and marriage were not equivalent.

In the following years however, several administrative Courts have ruled otherwise, in contradiction with French national law, and considered that the most important aspects of a Pacs contract make it roughly similar to a civil marriage.

The final word belonged to the Conseil d’Etat, France’s highest administrative Court, which in 2018 overturned this position and definitely ruled that, due to the essential differences between Pacs and marriage, only married spouses are considered family members under EU law.

In practical terms, the main outcome of this legal controversy is that non European nationals cannot apply for a French visa or residence card as family members of an EU citizen, simply due to the fact that they signed a Pacs contract with an EU national.

Of course, other solutions exist for them but, undoubtedly, they do not benefit from EU law and remain under a much less favourable status than spouses of EU citizens residing in France.

READ ALSO What type of French visa do I need?

Their main option is to apply for a residence card under the status vie privée et familiale (private and family life), but in this case préfectures require the proof of a stable and continuous common life of at least one year.

If you find yourself in this situation, be careful to submit your application file through the appropriate procedure. Any confusion, even due to the préfecture itself, could induce frustrating delays and put you in a precarious situation.

Paul Nicolaÿ is a French lawyer based near Paris and specialising in French immigration and nationality law – find his website here.

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