I have 2 issues! PACS + visa!

[piperchic]

Hi all,
I am sorry in advance for the huge novel I am about to write, but I am finding it next to impossible to find any information here in France to help me (especially when officials all say very different things). So I really hope you can help me with the answers, would be greatly appreciated.

I have two issues...

1. I am from New Zealand and have been with my french partner for 1 and a half years and have been living together for one year (so thats not a problem for us to prove). We would like to get PACsed (rather than married). The thing that I don't understand is that I am currently here living in France on a valid long stay working visa (long de sejour) for 1 year which expires next September.
My question (or questions! ) are that... I have no idea how it works if we get PACS in terms of what it means for me e.g. how long can I stay after being 'PACsed'? does it allow me to work? will i need to leave and come back to france? and what benefits will there be for a foreigner? I wasn't sure if it ran over from the end of my long sejour visa or if its separate (if that makes sense...). Sorry for the million and one questions!

2. Second issue is that I have just moved here as an au pair - I don't think I am being 'declared' as yet as officially working by the family (paid cash like most au pair families) but I am not sure if I need to get a carte de sejour since I already have the long sejour visa? Should I bother? Here is info I found on Jennie en France's website which seems to me that I won't need to apply for one...
"*New Procedures for Long-Stay Visas & Residence Permits as of June 1st, 2009*
From the 1st of June 2009, long stay visa holders will be allowed to reside in France for up to 12 months according to the validity of their visa and purpose of stay. They will no longer be required to obtain a residence permit (carte de séjour) from the French local authorities (préfecture) as long as their visa is valid. However, they will have to apply for a carte de séjour at the préfecture if they intend to stay for more than a year or if they are renewing a resident permit such as vie privée et familiale."
Also, I am guessing that you can only get the long stay working visa once in a lifetime?

It seems that its difficult in France to be able to stay with your partner and the answers are never clear-cut in France, so any help would be amazing. Thank you so much in advance

[Bevdeforges]

If you get PACS'd, you should be eligible for a change in your status, which would theoretically allow you to stay in France with your partner. OK, the problem is that the rules have only recently changed, so the various local offices involved may not be completely up to speed on the new procedures.

However, if you are in France on an "au pair" visa, you may run into some difficulties, as there are specific conditions linked to being an au pair in France (and actually in most of the EU). The trickiest one (for your situation) is that, if you're living with your au pair family, you aren't living with your partner, which kind of calls into question your ability to PACS.

Otherwise, if you have a normal visa with work privileges, you're usually limited to the employer who supported your original visa application.

When did you enter France? Under the new rules, you probably don't need to apply for a carte de séjour, but you do need to register with the OFII. OFII - Office Français de l’Immigration et de l’Intégration If you aren't required to get a carte de séjour, they will validate the visa in your passport so that it can be used as a carte de séjour.

Take a good look through the OFII website to try and figure out what your situation is as far as either registering with the OFII or having to get a carte de séjour. They don't seem to have much on foreigners PACS'd with a French national, but the fact that you are already legally in France on a long-stay visa should at least give you the right to get PACS'd without having to return home to get a visa in anticipation of getting PACS'd, which is (I think) the usual route.
Cheers,
Bev

[piperchic]

Hi Bev,
Thank you so much for your reply.
I am actually not here on an 'au pair visa' as such, I am on the WHV (working holiday visa) which allows me to work for one year in France. So that may make a difference?
I entered France on the 12th of September so it seems that I may not need a carte de sejour.
Thanks again for all of your help, I think I need to call the prefecture and see what they need from me... fingers crossed!

[Bevdeforges]

Originally Posted by piperchic

Hi Bev,
Thank you so much for your reply.
I am actually not here on an 'au pair visa' as such, I am on the WHV (working holiday visa) which allows me to work for one year in France. So that may make a difference?
I entered France on the 12th of September so it seems that I may not need a carte de sejour.
Thanks again for all of your help, I think I need to call the prefecture and see what they need from me... fingers crossed!

Crossing fingers and toes for you - but one little piece of advice. If at all possible, try going into the prefecture to ask your questions. Most folks I know get far better results if they are standing there in person. You might call ahead to ask which office you need to go to for more information, but for some reason, they seem to react better with a human face across the desk.
Cheers,
Bev

[glentheleg]

Hey there,

The current (for me in Bretagne) rules for pacs and carte de sejour are as follows:
If you are pacsd, live with your partner for 1 year and can prove it, can prove that your relationship is genuine (perhaps a joint bank account), you can apply for a cds vie privée et familiale. This offers you far more advantages than your current visa. Go to the prefecture and ask them what you need to bring in to apply for it, I did it yesterday (same situation as you almost) and it went smoothly. The only issue I can see is that if you're being paid cash, it might be hard to prove you have an income that can support you, but if your partner is earning a bit it might be enough.

Good luck,

Glen.

Originally Posted by piperchic

Hi Bev,
Thank you so much for your reply.
I am actually not here on an 'au pair visa' as such, I am on the WHV (working holiday visa) which allows me to work for one year in France. So that may make a difference?
I entered France on the 12th of September so it seems that I may not need a carte de sejour.
Thanks again for all of your help, I think I need to call the prefecture and see what they need from me... fingers crossed!