Employment rights of carte de sejour holders
#1
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Thread Starter
Joined: Apr 2010
Location: Antibes
Posts: 19
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?
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?
#2
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Joined: Apr 2008
Location: Hérault (34)
Posts: 8,883
Re: 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?
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?
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!
#3
Just Joined
Joined: Jan 2011
Posts: 3
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
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
#4
Joined: Mar 2007
Posts: 10,551
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
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
#5
Re: 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?
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
#6
Just Joined
Joined: Nov 2010
Location: Antibes
Posts: 5
Re: Employment rights of carte de sejour holders
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?
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?
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
#7
Just Joined
Joined: Jan 2011
Posts: 3
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....
#8
Just Joined
Joined: Jan 2011
Location: Toulouse
Posts: 1
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.
#9
Joined: Mar 2007
Posts: 10,551
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.
#10
Just Joined
Thread Starter
Joined: Apr 2010
Location: Antibes
Posts: 19
Re: Employment rights of carte de sejour holders
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
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!
#11
Just Joined
Thread Starter
Joined: Apr 2010
Location: Antibes
Posts: 19
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
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
Bonne chance!
#12
Just Joined
Joined: Jan 2012
Posts: 1
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?
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?
#13
Joined: Mar 2007
Posts: 10,551
Re: Employment rights of carte de sejour holders
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?
#14
Re: Employment rights of carte de sejour holders
[QUOTE=daveemitchell;9838033]
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,
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?
#15
Just Joined
Joined: Apr 2012
Posts: 1
Re: Employment rights of carte de sejour holders
[QUOTE=daveemitchell;9838033]
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.
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,
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?
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.