Rules for working and living in France for Europeans...

[pasoboi]

Hi,
I am an Australian-Italian (holding both passports)
.. therefore for all intensive purposes I am Italian.
I am a freelance makeup artist, working in fashion.

I am super confused about the legalities of living and working in France as a European.

I moved here in January (10months ago at the time posting this..) and began interning with a company for 6 months.
This was a paid internship, and I received a cheque every month (therefore was a registered employee..)
I had no carte sejour during this internship, I had a convention de stage.
(does this make me illegal????????)
(PS: I have NOT worked since the internship...Am currently freelance and wanting to invoice clients LEGALLY! )

Since finishing the internship I have been question by certain clients RE: invoicing and who they should invoice.
There in lies my problem!

I am registered as a business in Australia, with an ABN (Australian Business Number) and ideally could invoice via-Australia, however I've been told that since I have worked for longer than 6 months in France, it is impossible for me to invoice via Australia?
Is this true?

I have been reccommended to sign with a "boite de facturation" but they charge 50% of my income, which is insane. clearly.

What are my options?
I want to invoice thru Aust., but is a french "Auto-Enterprise" a better option? Do they require a carte sejour?

Please help, I'm finding it hard to get a straight answer from any french advice I've received! (surprise!)

Thanks in advance, any advice is much appreciated...

[Bevdeforges]

OK, first and foremost, as an Italian citizen and passport holder, you don't need a carte de séjour. You're perfectly legal for a "stage." (That's the easy part...)

Now, if you are "freelancing" then you're working. You need to set up some sort of business entity that can legally invoice for the work you've been doing. Since you're living here, you have to somehow contribute to the social insurance system and determine whether or not you're subject to VAT.

If you insist on invoicing through your Australian company, you run a couple of risks - the biggest one being that you're technically working for your company in France more or less under the table (i.e. without being registered for taxes and social insurances). In order to pay you, your company would have to establish a French branch - which is essentially the same thing as you setting up some sort of French business entity.

What your customers may be wary of is a law here that imposes penalties on anyone (generally businesses) that pay an invoice that they know doesn't meet the legal standards. Being invoiced from Australia for work done in France (and thus potentially subject to French VAT) is probably what they are most concerned about.

If you fall within the limits of the auto-entrepreneur statute, that might be your best option for the short term. That way you pay your taxes and cotisations (social insurances) as a flat percentage of your billings, and you're done with it. The revenue limits for the auto-entrepreneur statute are the same as the thresholds for VAT, so that simplifies that side of things as long as your level of revenue doesn't exceed the upper limits.

As you exceed the limits for the auto-entrepreneur, you'll need to look into establishing some sort of business entity here in France for yourself. Precisely what sort depends a great deal on what sort of freelancing you're doing. Different professions have different requirements in that regard - especially relating to which "caisse" you pay for your social insurances. And, of course, there is the matter of registering for VAT.
Cheers,
Bev

[parsnips]

Hi,
As an italian passport holder you do not need a carte de sejour or a work permit; your passport is proof of your right to reside and work in France. The auto-entrepreneur system is ideal for you . There are many websites explaining it, and you can sign up on-line. Briefly, you will be in the french health system from the date you start, and you will pay a social cotisation of 21.3% of your takings (quarterly in arrears) so you only pay on what you have already earned.
Take a look at the websites.

[pasoboi]

Thanks Bev and Parsnips!
That makes me feel much better... I was feeling a little illegal for a moment there but you have shed some light on it..

I will apply for an auto-entrepreneur as suggested - it seems like the safest idea, and 21.3% is much better than 50% with a "Boite de Facturation" agency (has anyone even heard of that? Are they like an accountant??)
You mentioned I need to sign up for VAT, I think my agency is applying for me, however they're fantastically unclear so here's hoping..

Thanks again

[parsnips]

Originally Posted by pasoboi

Thanks Bev and Parsnips!
That makes me feel much better... I was feeling a little illegal for a moment there but you have shed some light on it..

I will apply for an auto-entrepreneur as suggested - it seems like the safest idea, and 21.3% is much better than 50% with a "Boite de Facturation" agency (has anyone even heard of that? Are they like an accountant??)
You mentioned I need to sign up for VAT, I think my agency is applying for me, however they're fantastically unclear so here's hoping..

Thanks again

Hi,
The auto-entrepreneur is not liable to TVA(VAT), have a look at the websites for full conditions.

[tabitha]

Hi Pasoboi,

I am an australian freelance photographer (25 years old), wanting to move to paris.......however I only hold an australian passport.........however I am trying to apply for a visa long sejour and then visa de sejour under freelance status. However, I am also looking for more permanent work relating to fashion photography etc...... You said you worked for an agency......do they take photogaphers???? If so do you know anyone willing to sponsor someone like me?

Also, I am wondering if you had any success in obtaining what you wanted and if you could help me with any information you have??

One more questions, how has it worked out for you in terms of getting work and earning enough?

Cheers,

Tabitha Karp

[Bevdeforges]

If you succeed in getting a long-stay visa with working privileges, chances are it will limit you to working for the original employer who sponsored you. So, if you qualify as a freelancer, you may not be allowed to take a long-term job working for someone else.

I believe, however, that there is a "working holiday" visa available to Australian nationals that would allow you to come over and then look for work. The term on this visa, however, is limited and you'd have to go back home after a year or so.

You may want to take a look at the OFII website OFII - Office Français de l’Immigration et de l’Intégration under the headings for employers (ex. "Recruter un étranger") to get a feel for what an employer has to go through to hire a foreigner and sponsor their visa. They really do have to justify hiring a foreigner over anyone similarly qualified from France or the rest of the EU, and there are a number of expenses connected with the sponsorship of a visa in this manner.
Cheers,
Bev