Thursday, 11 March 2010
Which Immigration Visa is Right For Me?
Written by Jean Taquet   
visasDear Mr. Taquet: I was in Paris for two months earlier this year trying to figure out what kind of visa I need in order to work here. I am in an odd situation since I have two careers, so to speak. I am an independent contractor working online and also an actress and model. I want to know which job offers I can legally accept while in France.

I have considered going to school here just to get a visa but I would prefer not to spend the money or the time to be a student. I have heard that it is possible to get visas if you work on a contract basis or if you are an artist, but I have not found any solid information on this. If you have any advice, I would greatly appreciate it.


ANSWER

The multitude of visa choices can sometimes be confusing. The fact that student visas seem easy to get does not mean that it is the right choice for everybody. On the contrary, my experience has clearly shown that the easiest and most successful way is to choose from the charts the visa, which closely matches your personal situation NOW. The fact is, rather than registering with a school, you can choose from five different visas in order to stay in France.


1 – CARTE DE SEJOUR VISITEUR / Subcategory: extended tourist

The visiteur visa gives you the right to live in France but zero right to work. If you reside here fewer than six months total, you can continue to work as an independent contractor online while staying in France and you report all your earnings in your American taxes. Should you get a contract for modeling or acting, let the "agent" take care of the visa issue and the temporary change of status.



2 – CARTE DE SEJOUR VISITEUR/ Subcategory: self-employed / profession libérale
This gives you the right to work and live in France with your own French tax ID number. Your American clients can still pay you on your American bank account, since this French fiscal status does not affect how or where you are paid. You will also have to file French income tax forms and declare your American income including your online-generated income, but fortunately the French-American tax reciprocity treaty means you will not pay any income taxes twice. If, in addition, you do any modeling or acting in France, you will have to pay the French social charges and income tax on that income. See the 2nd Q/A of the October issue for more details.



3 – CARTE DE SEJOUR SALARIE/ Subcategory: performing artist
A performing artist in France always has an employee status even if it is just for one performance. Your employer must initiate the visa procedure for you in France while you are still in the USA, and you must maintain your independent activity in the US until the visa is issued. Since your status will be as an artistic employee, you will need to decide which of the above solutions will cover your self-employed income. The July-August 2009 issue on auto-entrepreneur status addresses in greater length the problems involved in combining employee pay with self-employment income.



4 – CARTE DE SEJOUR COMPETENCE ET TALENT / Subcategory: artist
If you have a well-established career in the USA as an actress and model, you can ask for this visa/carte de séjour based on that. If on top of that you have an agent in France, getting a visa becomes easy. The important point here is that you do not need to have an employer sponsoring you.



5 – CARTE DE SEJOUR COMPETENCE ET TALENT / Subcategory: professional For this card, you would need a solid track record to prove that your business is viable and that it would be successful in France.

I would advise you to concentrate your efforts on obtaining one of the Compétence et Talent visas, collecting and organizing your documentation for both subcategories. These cartes de séjours are valuable and would be the best option for you. The visiteur status or the profession libérale would be your second choice. One of the reasons why you were confused about the requirements was because there is really no such a thing as an artist’s visa. Although the website mentions that artists can work in France, it does not clearly define the specifics of the Compétence et Talent visas.

 

 

 

Jean Taquet holds a masters degree in law from the Sorbonne University and the French BTS accounting degree. He served as a jurist officer in the French Army in1985. He has been managing the refugee ministry of the American church since 1993, and has written the Question and Answer column in the Paris Free Voice. This column has continued and a book has been made with it. The Insider Guide to Practical Answers for Living in France. As an associate member of the Delaware Bar association since 1987, he had an article published in the February 1988 issue of the Delaware lawyer and sat as a guest member on the wills and trusts committee.
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