Although he initially said quite clearly and unprompted
I am not sure you are being quite fair here
i think most family men would genuinely regard themselves as living where their wife and children live, even if their work takes them away from home. As has been said it sounds like a cross border worker scenario where it is accepted that the person lives in one country but works in another.
However if your guess about working offshire is correct then specific rules apply which he needs to find out about
Thank you.
That of course relates to acquiring permanent residence rights. It is quite possible to live here for as long as one wishes without actually having “permanent rights”, it simply means he will need to continue to meet conditions re income etc.
If @iclark95 is working physically in the UK (as he suggests earlier on in this thread) the UK will almost certainly tax those earnings - as they are fully entitled to do under the tax treaty. On the assumption he is a French resident (or if dual UK/French resident, has closer fiscal ties to France) France will take these earnings into account when determining the French tax applicable to any French sourced income (under it’s taux effectif/exemption with progression rules), rather than taxing them directly. Assumption that he is receiving a salary. Different rules may apply if self employed etc. Further assumption that he is physically working in the UK, ie not remotely working for a UK company from France.
Apologies, I should have uploaded Article 11(2), which I think this makes it clear about permitted absences, and this is unconnected with permanent residence issues.
I’m not sure you’re being fair. You’ve quoted me out of context. All the travel rules that allow non EU partners to ignore the 90/180 days insist that the time over the 90 days is spent together. All I’m pointing out is that I believe he needs to get specialist advice to ensure that he remains within the rules.
I agree.
Pre Brexit the Dordogne and no doubt other parts of France was stuffed with Brit families with the wage earner commuting back to the UK by plane or train every week. It was never a problem.
Could be wrong but I have a feeling that the “new” immigration law requires all non EU applicants for family titres to enter on a visa and hold a valid visa at the time of application?
Indeed but the point I was making is that being physically absent from France and working in another country does not prevent an individual from being deemed legally resident in Feance if that is where their foyer is.
At least I think that was the point I was making. You are right that the OP needs to clarify things carefully and at this point, as they used to say, I’m out.
Purists will rightly shudder but I confess to coming to France without a visa (UK national) on the basis of being in France for less than 3 months. ‘Miraculously’, I changed my mind shortly after arriving, to apply for my EU family member CdS. The Préfecture lady (when the CdS process was face to face, unlike now) did ask if I had a visa, and I said no, I’m a UK national. She nodded, and moved on to other issues…
I suspect I was not the first, and probably won’t be the last UK national to have a ‘change of intention’ shortly after arriving in France. In my case I genuinely could easily have justified it, and furthermore evidenced it, and was fully prepared to have to do that at Eurotunnel and the Prefecture, but it didn’t prove necessary, fortunately.
I’m not sure I’d exactly recommend this route to others though!
iclark95 Lots or replies! A while ago now, I moved to a hamlet of 13 houses outside a small town of 6000. There was a local public school and a private catholic school. My son was 4 at the time. We chose the town based on the facilities available: schools, having doctors and a supermarket. I was learning to drive and my husband was working away during the week. My village neighbors quickly heard I was alone and they ALL popped by to offer help should I need it. One woman said she’d collect my son in the morning and her mother would return him in the afternoon! I had the advantage of already speaking French and having a Fr husband but I shouldn’t worry too much. Normandy people are very warm. As for your son he’ll be like a fish in water. Kids learn quickly. The best decision here is the fact that you’re going to rent. We didn’t and were extremely lucky that everything fell into place. One suggestion for your son: try to come before school breaks up. Get him registered in June and let him have the last few weeks of the school term so when he returns in September he will already know some kids. He might see his new friends over the summer too. If he’s shy a catholic school might be a good choice. They’re usually much smaller. My son Went to both. No religion was taught at all. They had a morning prayer if the teacher wanted to do one. Exciting changes for your family! Good luck.
Yes that’s true but people are generally very friendly and helpful if they see you trying. Having a young child will help them integrate more rapidly too.
Agreed, my French was, at best, mediocre when I moved to France the 2nd time (the 1st time I moved here, when I was just a stagiaire, it was non-existant!) but when taking my 3 year old son to the park the locals all made an effort to speak to me. The kids just all got along immediately… they asked him his name, asked him where he was from and that was it. That was a huge relief for me.
That was nearly 25 years ago now, and I wish I’d stayed in touch with some of them but sadly we drifted apart once we moved back to the UK a few years later.
Hello, Sorry about the delay response as i’m new to this website and only allowed max responses.
I am moving my family with myself and living in France as I’ll be out of France more than 180 days I’ll have to pay UK tax as the double taxation agreement states (I’ve sought advice on this). I would like to pay French tax and I’m not a tax dodger and using my EU status as such. Me, my wife and my son are learning French and have been for sometime. There’s a lot of presumptions about me wanting to live next to British people. I never said that I said people so French, German, Dutch I don’t care I just want my wife to feel safe in the country we choose to live in. @Sandcastle Thank you for defending me and giving me sound advice. There’s some good advice off alot of you so thank you for that also. There’s a few people that considering it’s an advice forum and the aim of helping each other aren’t very kind with they words. I suggest you think before you type. Thank you so much
Hello Gas22 Thank you for your kinds words and fantastic information. My son is a very good mixer and loves making new friends. We’re so looking forward to our new move.
