How to manage pacs and 90 days in schengen?

[oklc]

hello

i wonder how to stay more than 90 days when i will do the pacs in France.The french gouvernement say you have to proove your pacs by staying with your partner at least 1 year under the same roof.
As i have a tourist visa right now..how to manage this situation?
did i ask a multiple schengen visa before leaving and go out of schengen before whithin 3 monts?
really don't know about this situation and i want to follow the french laws.
thanks

[tigersharkjs]

Hi I don't know what "pacs" means, but I know you can apply for a Schengen VISA to stay in the Schengen area for more than 90 days. I got some information on this topic by going to Rick Steves Europe Through the Back Door and contacting them with that question. They will send you the link to get your application started. Also, you can contact a French embassy with your question.

[Bevdeforges]

The so-called "Schengen visa" refers to the 90 day visitor visa that allows you entry to whatever EU country you've applied to, plus travel within the Schengen area during that 90 day period. If you don't need a visitor visa for France, then the "Schengen visa" is the 90 day equivalent of the US's VWP. In principle, a "Schengen visa" isn't renewable, although controls on how long a "visitor" has been in the Schengen area are no where as strict as in the US.

Who is telling you that you have to have lived together for one year before you can get PACS'd? That's not in the requirements they list on the Service Public website Pacte civil de solidarité (PACS) - Service-public.fr - but as always, in France, your local departemental office may have different requirements. Officially, you only need a residence in common (and all the other paperwork required, duly translated, etc.). If you have lived in France for 1 year at the time you apply for the PACS, you need a clean cassier judiciaire (i.e. French police record).

You might try checking some of the French consulate websites to see if there is anything about applying for a visa to go to France in order to get PACS'd. They have recently tightened up the regulations for those going to France to get married, so it seems logical they might apply similar rules to those going to get PACS'd. If that is the case, you may have to go home to apply for the appropriate visa in order to stay longer in France.
Cheers,
Bev

[glentheleg]

I'm assuming the 1 year requirement is a mention to obtaining a carte de séjour vie privée et familiale on the grounds of a being PACSed with your partner. This is an unfortunately true downside of the pacs compared with marriage (from a completely mercenary point of view), that couples who have a PACS must also have lived a year under the same roof, on french soil for at least one year prior to obtaining a carte de séjour allowing you to work and all that good stuff.

However there may be a solution to your problem, though not entirely perfect.

If you have a pacs but cannot prove un an de vie commune (which is allowed to have started before you get PACSed) you can receive the CDS 'visiteur'. You can receive low-income benefits (CAF), but not unemployment. You do not have the right to work in France with this CDS. As long as you have a long-stay visa and are PACSed to an EU Citizen, you have the legal right to a CDS visiteur.

There is an official circulaire from the Ministere de l'Inérieur detailing these rules, but I can't post a link to it (haven't made enough posts yet).

If you can afford to stay in the country without working for a year, then you will (probably) qualify for a CDS vie privée et familiale, meaning you can work and all that jazz.

Hope this helps,
Also, would one of you lovely moderators be willing to take the web address of the aforementioned circulaire off me and post on this thread? It's a useful bit of documentation to wave under the nose of the people at the préfécture when they knowingly insist that the PACS is no reason to obtain a CDS (only to be directly contradicted by the circulaire from the Ministere de l'Intérieur).

Glen.

[Bevdeforges]

Originally Posted by glentheleg

There is an official circulaire from the Ministere de l'Inérieur detailing these rules, but I can't post a link to it (haven't made enough posts yet).

If you can afford to stay in the country without working for a year, then you will (probably) qualify for a CDS vie privée et familiale, meaning you can work and all that jazz.

Hope this helps,
Also, would one of you lovely moderators be willing to take the web address of the aforementioned circulaire off me and post on this thread? It's a useful bit of documentation to wave under the nose of the people at the préfécture when they knowingly insist that the PACS is no reason to obtain a CDS (only to be directly contradicted by the circulaire from the Ministere de l'Intérieur).

Glen.

Have you tried posting your link? According to what I'm seeing here, you have more than enough posts to post links. Try again, and if you're still having problems you can PM me or one of the other moderators. (I'm "in flight" over the next 24 hours or so, so there may be a slight delay in getting back to you.)
Cheers,
Bev

[glentheleg]

Originally Posted by Bevdeforges

Have you tried posting your link? According to what I'm seeing here, you have more than enough posts to post links. Try again, and if you're still having problems you can PM me or one of the other moderators. (I'm "in flight" over the next 24 hours or so, so there may be a slight delay in getting back to you.)
Cheers,
Bev

Does 'in flight' mean running from the authorities? Good luck if so .

I was basing my 'i can't post links' from the last time I tried (probably a good 6 - 10 months back)
http://www.ardhis.org/dyn/paragraphe...laire-Pacs.pdf

There we go,

G.

[oklc]

Originally Posted by Bevdeforges

Who is telling you that you have to have lived together for one year before you can get PACS'd? That's not in the requirements they list on the Service Public website Pacte civil de solidarité (PACS) - Service-public.fr -

nobody told me i know we can pacs directly BUT at least 1 year of living under the same roog to make sure it's a real pacs.

so with a 90 days schengen visa and have to stay 1 year to make official pacs ok .
that means i need to go out of schengen every 90 days to follow the french rules and maw (thatt is what i want).so i we are going one week end to ireland or uk and come back to our home sweet home in france..that is legally ok ?

thanks for your answers all!