France & US Immigration: Challenges facing French and US citizens
French and US citizens moving between their countries to work or reside has its own set of challenges. Asif Arif is an immigration lawyer who has been working on these issues for many years. He offers his insight to Lawyer Monthly in an exclusive interview.
What are the differences between a temporary visa, permanent residency in France and French citizenship? What are the benefits and limitations?
France takes a different stance on immigration from the United States. The US classifies immigrants into ‘nonimmigrants and ‘immigrants,’ but France doesn’t. French law instead proposes an unique classification called ‘etrangers in situation irreguliere’, or ‘undocumented migrants’. They must meet the requirements of the French Immigration Code which is a collection of rules that are similar to the Code of Federal Regulations.
Work visas and residency based on work: France offers options for residency based upon extraordinary talent, highly-skilled workers, international artist and unskilled worker. The implications of each category vary, but the government appears to be focusing on highly qualified immigrants and talent-based immigration. Unskilled workers can be granted legal status by the government if they have eight paystubs and clear proof that they’ve lived in France for five years. The government is working to grant legal status to undocumented immigrants who are not skilled workers. They will be granted this status if they can demonstrate convincing evidence that they have lived in France for the past five years and possess eight monthly paystubs.
Marriage-based visas: If you are a US Citizen (‘USC,’) and married to a French national, then you must apply at the French Embassy for a long term visa. They must also register their US marriage certificate with the French Embassy. This visa application allows USCs to work in France. (Note that visitors cannot apply for employment). France recognizes both legal marriages and a wider conception of couples. The marriage-based residence includes access to French social security and healthcare services. It is the most advantageous residency option in France.
The long-term visa allows a USC to apply for residency in France without having to meet strict criteria. The USC can only be granted this visa if they have a sufficient income, a certain type of health insurance, and a signed statement that they won’t seek employment in France. The visitor-based residency in France does not cover social security or healthcare.
Citizenship. Citizenship in France requires that you have lived in France continuously for at least five years. This period is reduced to 3 years for the spouse of a French national. The requirement for citizenship is a B2 level in French, professional integration and a good moral character. USC members should avoid committing aggravated crimes and be cautious when filing taxes in France. The holder of the visitor residency card will have to prove that they are integrating professionally if they renew it each year for five consecutive years.
What are the most common visas US citizens apply for to move to France and what types of visas do they typically request?
Our law firm assists USC in a variety of visa matters. We place a particular emphasis on marriage-based and long-term visas. Our expertise is sought by many retired USC people from California and other states, particularly those who want to spend significant time in European countries. This trend highlights the growing appeal of European living and exploring new horizons for retired individuals. Our firm has seen a significant increase in USC clients who are interested in setting up corporations or businesses in France.
For US citizens to obtain a visa that allows a three-year (renewable) residency in France, they must invest at least EUR30,000 and establish a solid foundation for their business. It requires meticulous planning and includes a business plan, roadmap, and advertising budget. This visa category is similar to what Americans are used to with the Investment Treaty Country Non-immigrant Visa, such as E-1 or E-2.
We provide expert guidance to these USC clients throughout the complex process. This includes ensuring they comply with all legal requirements, and helping them begin their entrepreneurial journeys in France in confidence.
How can US citizens overcome the challenges they face when applying for French visas or residence permits?
The prospect of setting up in France is very appealing to Americans. However, there are many challenges, especially due to the language barrier, and the different rules and regulations. This can lead to anxiety for Americans who are looking to move to France.
Our law firm is a favorite among US citizens who are looking to establish themselves in France. We go beyond the legal side of things to help US citizens understand what lies ahead. Knowledge is power, and we make sure that our clients know what to expect at every stage.
One of the biggest obstacles that US citizens face is opening an account in France. We do not only inform them of this requirement, but we also guide them and give them advice on how to mitigate future problems.
A common scenario is when individuals attempt to navigate their visa application on their own. They discover, however, that they have left out a vital document — something which was not listed in the official requirements. We act as a reliable support system and bridge for US citizens in these situations, helping them to navigate the complex immigration procedures. We are committed to being a trusted partner throughout the journey to ensure a smooth transition and a confident start to life in France.
Is there a specific industry or profession in France which is more welcoming for US expatriates? If so, what visa options are available to individuals working in this sector?
This initiative demonstrates the government’s unwavering commitment to position France as the preeminent hub for startups, aligning with President Emmanuel Macron’s vision of creating a’start-up nation’. This initiative demonstrates the government’s commitment to positioning France as the leading hub for startups. It aligns with President Emmanuel Macron’s vision of creating a startup nation ‘.
This initiative is notable for the ‘French Tech Visa,’ which can be obtained by meeting the strict qualification criteria set forth by the French Tech team. This visa provides entrepreneurs and innovators with an expedited way to enter the French tech eco-system and work there, encouraging innovation, collaboration, and growth.
France is also open to accepting investment visas that can stimulate employment for French nationals, thus helping to alleviate the unemployment crisis in the country. This shows France’s commitment to not only attracting talent from abroad, but also to encouraging economic prosperity and growth within its borders.
What are some of the common misconceptions and misunderstandings US citizens may have about immigration in France? How do you respond to them?
The allure of French culture often leads US citizens to believe that their waiver traveller visa allows them to settle permanently in France. Many clients express the desire to change their immigration status in France while on a tourist visa, despite the fact that this is not a common practice in France.
My advice is that US citizens should always secure the correct visa in advance of their arrival in France. This will allow them to navigate the immigration process with ease, and ensure that they have all the documentation necessary to live in France legally. This proactive approach ensures compliance with French immigration law and simplifies the process for future years.
We provide comprehensive immigration guidance to US citizens to help them make informed decisions and avoid complications in the future.
Is there a way to speed up the process from the time you apply for a visa until you receive permanent residency?
Our law firm receives visa approvals in a time frame of 9-10 days, which is incredibly fast. This rapid turnaround is normal, unless the Embassy requests additional evidence.
Clients who handle their own applications often experience longer delays due to incomplete or missing documents. In exceptional cases, where “good cause” can be shown, expedited processing is possible. However, such opportunities are limited, especially in the context US consulate proceedings.
The process of obtaining citizenship is more complex, whether it’s through the consulate, or any other method. The US citizen must have lived in France for at least three years, or establish strong ties to the Consulate, such as through marriage with a French national. It is well-known that the French citizenship application process takes a long time, usually around two years. There are no expediting provisions, so applicants should be prepared to wait a long time.
There are many online communities dedicated to the challenges that Americans face in France. These groups offer valuable insights, experiences, and a sense camaraderie to expats who are navigating the challenges of living abroad.
We at our firm understand the importance having a solid support system. We are proud to be the type of lawyers who can provide you with additional information and guidance when needed. We are available to answer your questions regarding immigration, global mobility or other legal issues.
What are the common obstacles faced by French expats when they try to immigrate to America?
The American Dream is often the motivation for a French national to relocate to the US. This concept is deeply embedded in the aspirations and dreams of many French people who see America as a land of endless opportunities. The American dream has motivated countless professionals to grow their business to new heights in America. Despite these dreams, these professionals need to be able to navigate any potential challenges with the help of an experienced legal representative.
My experience has shown me that many clients approach me wanting to move to the US, but then find themselves in legal trouble due to previous convictions or visa overstays. This can result in bans of up to 10 years. It is true that immigrants and nonimmigrant visa-holders who fall into the right category can access the land of opportunities. Some French citizens come to the US with big dreams, but are quickly surprised by the complexity of the US legal system.
We at our firm understand the importance of providing individuals with the necessary legal support in order to achieve their American dream while avoiding any unexpected legal complications.
About Asif Arif
Asif Arif, a young attorney specializing in immigration and global mobility, is a rising star. Asif Arif is a member of the Paris and California Bar Associations. He has over 10 years experience in representing clients who have cross-border interests in France and the United States. Asif is a key figure in the French American legal landscape. He represents both Americans moving to France and French nationals moving to the United States. He has a diverse clientele, including corporations, international athletes, and renowned artists.
Asif Arif
Attorney
5001 Birch St – Suite 7,
Newport Beach, CA 92660-2110, USA
Tel: +1 949-394-0232
www.ariflawoffices.com