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Employment rights of carte de sejour holders

Employment rights of carte de sejour holders

Old Jul 14th 2010, 10:02 am
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Default Employment rights of carte de sejour holders

I have just successfully applied for my non-EU wife's carte de sejour. The process was relatively quick and painless (and I can advise on the process if anyone wants).

However her card states the following:

TOUTES ACTIVITE PROF. SAUF SALARIEES

This implies she can work but cannot draw a salary. As she would like to continue her career in France, I have been looking into EU rights. With the help of another thread on this forum, I located an EU Directive (DIRECTIVE 2004/38/CE DU PARLEMENT EUROPÉEN ET DU CONSEIL) which states:

Article 23
Droits connexes
Les membres de la famille du citoyen de l’Union, quelle que soit leur nationalité, qui bénéficient du
droit de séjour ou du droit de séjour permanent dans un État membre, ont le droit d’y entamer une
activité lucrative à titre de travailleur salarié ou de non salarié.

Unless my French is letting me down, this seems pretty clear that she should have the right to work and receive a salary here.

So my questions is first, can anyone verify that my understanding is correct?

Secondly, I have a feeling the French authorities may not take kindly to me thrusting an EU directive in their faces and telling them they are wrong. How is the best way to approach this? Do I make an excuse for them and say there may have been a printing error with the card?
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Old Jul 14th 2010, 12:12 pm
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Default Re: Employment rights of carte de sejour holders

Originally Posted by Ade100
I have just successfully applied for my non-EU wife's carte de sejour. The process was relatively quick and painless (and I can advise on the process if anyone wants).

However her card states the following:

TOUTES ACTIVITE PROF. SAUF SALARIEES

This implies she can work but cannot draw a salary. As she would like to continue her career in France, I have been looking into EU rights. With the help of another thread on this forum, I located an EU Directive (DIRECTIVE 2004/38/CE DU PARLEMENT EUROPÉEN ET DU CONSEIL) which states:

Article 23
Droits connexes
Les membres de la famille du citoyen de l’Union, quelle que soit leur nationalité, qui bénéficient du
droit de séjour ou du droit de séjour permanent dans un État membre, ont le droit d’y entamer une
activité lucrative à titre de travailleur salarié ou de non salarié.

Unless my French is letting me down, this seems pretty clear that she should have the right to work and receive a salary here.

So my questions is first, can anyone verify that my understanding is correct?

Secondly, I have a feeling the French authorities may not take kindly to me thrusting an EU directive in their faces and telling them they are wrong. How is the best way to approach this? Do I make an excuse for them and say there may have been a printing error with the card?
Hi,
You're right in saying that the recent Carte de Séjour says that your wife can't work as a salariée, (but implying that she can be libéral, free-lance, independent, self-employed, etc...)
whereas the Directive that you cite says she can. As the Directive is dated 2004, the rules must have changed since...

You don't mention what line of work she does, but, if I were her, I'd go along to the local Pôle-Emploi to enquire. They will be up to date with the latest Rules and can tell her what status she can have, depending on her profession...
Good luck!
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Old Jan 19th 2011, 7:39 am
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Default Re: Employment rights of carte de sejour holders

Hi Ade100!

I`m fighing the titre de sejour battle and I would like to know how did you and your wife got hers. If you find time and put some points that might help. I`m also non-eu married to eu member. at the moment the advice I`m getting here in france is so confusing and have no idea what to do first.

Thanks in advance
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Old Jan 19th 2011, 10:18 am
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Default Re: Employment rights of carte de sejour holders

Originally Posted by stefi1
Hi Ade100!

I`m fighing the titre de sejour battle and I would like to know how did you and your wife got hers. If you find time and put some points that might help. I`m also non-eu married to eu member. at the moment the advice I`m getting here in france is so confusing and have no idea what to do first.

Thanks in advance
Welcome to the Forum Stefi Should you get any issues give me a shout
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Old Jan 19th 2011, 5:01 pm
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Default Re: Employment rights of carte de sejour holders

Originally Posted by Ade100
I have just successfully applied for my non-EU wife's carte de sejour. The process was relatively quick and painless (and I can advise on the process if anyone wants).

However her card states the following:

TOUTES ACTIVITE PROF. SAUF SALARIEES

This implies she can work but cannot draw a salary. As she would like to continue her career in France, I have been looking into EU rights. With the help of another thread on this forum, I located an EU Directive (DIRECTIVE 2004/38/CE DU PARLEMENT EUROPÉEN ET DU CONSEIL) which states:

Article 23
Droits connexes
Les membres de la famille du citoyen de l’Union, quelle que soit leur nationalité, qui bénéficient du
droit de séjour ou du droit de séjour permanent dans un État membre, ont le droit d’y entamer une
activité lucrative à titre de travailleur salarié ou de non salarié.

Unless my French is letting me down, this seems pretty clear that she should have the right to work and receive a salary here.

So my questions is first, can anyone verify that my understanding is correct?

Secondly, I have a feeling the French authorities may not take kindly to me thrusting an EU directive in their faces and telling them they are wrong. How is the best way to approach this? Do I make an excuse for them and say there may have been a printing error with the card?

Welcome to France and the wonders of its red tape
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Old Jan 22nd 2011, 8:47 pm
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Default Re: Employment rights of carte de sejour holders

Originally Posted by Ade100
So my questions is first, can anyone verify that my understanding is correct?

Secondly, I have a feeling the French authorities may not take kindly to me thrusting an EU directive in their faces and telling them they are wrong. How is the best way to approach this? Do I make an excuse for them and say there may have been a printing error with the card?
It might be helpful if you could reveal your wife's nationality and profession as well the exact path you took for applying for the carte/titre de sejour

As far as I know, the Directive should be correct, but it all comes down to the path you took to get her carte as well as how long you were married (under EU law that I read, spouse rights come in effect after about 5 years of marriage, I think).

But then again, I'm talking from the bits of law that I read during my struggle for carte/titre de sejour
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Old Jan 22nd 2011, 9:50 pm
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Default Re: Employment rights of carte de sejour holders

Oh, dear..there are different ways to get the titre de sejour? Great!That means that more than one explanation i got in french police stations was right....
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Old Jan 28th 2011, 10:32 am
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Default Re: Employment rights of carte de sejour holders

The best bet is to call the British consulate and ask them for a copy of your rights been married to a non EU. I found them very helpful and had no problem with my wife's carte de sejour for working here in France, she is now teaching English at the Uni in Toulouse and she's was Russian at the time. Good luck, just remeber a little bit of nagging gose a long way.
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Old Jan 28th 2011, 1:19 pm
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Default Re: Employment rights of carte de sejour holders

Originally Posted by landslide
The best bet is to call the British consulate and ask them for a copy of your rights been married to a non EU. I found them very helpful and had no problem with my wife's carte de sejour for working here in France, she is now teaching English at the Uni in Toulouse and she's was Russian at the time. Good luck, just remeber a little bit of nagging gose a long way.
Welcome to the Forum.....
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Old Jan 31st 2011, 9:21 pm
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Default Re: Employment rights of carte de sejour holders

Originally Posted by austerus
It might be helpful if you could reveal your wife's nationality and profession as well the exact path you took for applying for the carte/titre de sejour

As far as I know, the Directive should be correct, but it all comes down to the path you took to get her carte as well as how long you were married (under EU law that I read, spouse rights come in effect after about 5 years of marriage, I think).

But then again, I'm talking from the bits of law that I read during my struggle for carte/titre de sejour

So my Wife is Thai and has worked as an HR Manager in top hotels in Phuket.

She got her CdS through being married to me, an EU national.

The end to this story is that I made a formal complaint to the EU using their SOLVIT service. After a few weeks we got a letter from the Prefecture admitting their mistake and the new CdS was issued a week or two later. Not only does the new card give my wife full working rights but it is valid for ten years (the previous one was only for 5 years).

Vive the EU!
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Old Jan 31st 2011, 9:33 pm
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Default Re: Employment rights of carte de sejour holders

Originally Posted by stefi1
Hi Ade100!

I`m fighing the titre de sejour battle and I would like to know how did you and your wife got hers. If you find time and put some points that might help. I`m also non-eu married to eu member. at the moment the advice I`m getting here in france is so confusing and have no idea what to do first.

Thanks in advance
I have uploaded the list of documents required. They vary slightly from one prefecture to another but are roughly the same. According to the EU Free Movement Directive, this is your right and they cannot deny you this card. Let me know if you have any specific questions

Bonne chance!
Attached Files
File Type: pdf
conjoint CEE.pdf (109.4 KB, 564 views)
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Old Jan 12th 2012, 2:25 pm
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Default Re: Employment rights of carte de sejour holders

[QUOTE=Ade100;8700712]I have just successfully applied for my non-EU wife's carte de sejour. The process was relatively quick and painless (and I can advise on the process if anyone wants).

Hi,
I'm english and my wife is Taiwanese. We went to the prefecture today to start the ball rolling. 1st hiccup, my passport needs to be the new type..thats now being done.
Then we get all docs in French, then we go to the prefecture and pray...
But I was also told my wife could not work because I am working on a boat that is based in Antibes, but not on French soil...should that make any difference?
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Old Jan 12th 2012, 5:08 pm
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Default Re: Employment rights of carte de sejour holders

Originally Posted by daveemitchell

Hi,
I'm english and my wife is Taiwanese. We went to the prefecture today to start the ball rolling. 1st hiccup, my passport needs to be the new type..thats now being done.
Then we get all docs in French, then we go to the prefecture and pray...
But I was also told my wife could not work because I am working on a boat that is based in Antibes, but not on French soil...should that make any difference?
Welcome to the Forum
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Old Jan 12th 2012, 8:24 pm
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Default Re: Employment rights of carte de sejour holders

[QUOTE=daveemitchell;9838033]
Originally Posted by Ade100
I have just successfully applied for my non-EU wife's carte de sejour. The process was relatively quick and painless (and I can advise on the process if anyone wants).

Hi,
I'm english and my wife is Taiwanese. We went to the prefecture today to start the ball rolling. 1st hiccup, my passport needs to be the new type..thats now being done.
Then we get all docs in French, then we go to the prefecture and pray...
But I was also told my wife could not work because I am working on a boat that is based in Antibes, but not on French soil...should that make any difference?
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Old Apr 18th 2012, 12:58 pm
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Default Re: Employment rights of carte de sejour holders

[QUOTE=daveemitchell;9838033]
Originally Posted by Ade100
I have just successfully applied for my non-EU wife's carte de sejour. The process was relatively quick and painless (and I can advise on the process if anyone wants).

Hi,
I'm english and my wife is Taiwanese. We went to the prefecture today to start the ball rolling. 1st hiccup, my passport needs to be the new type..thats now being done.
Then we get all docs in French, then we go to the prefecture and pray...
But I was also told my wife could not work because I am working on a boat that is based in Antibes, but not on French soil...should that make any difference?
Hi Daveemitchell
Please let me know how you got in. We are in the same position - my husband on boats and myself trying to get a carte sejour. Want to be able to work ashore but my receipt from the carte sejour application says not valid for work.
Of course noone can explain why to me because I don't really speak French and they don't speak english.
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