Getting Auto Entrepreneur Status on Working Holiday Visa

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Getting Auto Entrepreneur Status on Working Holiday Visa


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Old 13th January 2020, 03:33 PM
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Default Getting Auto Entrepreneur Status on Working Holiday Visa

Hi there,

My other half finds himself in a bit of a catch-22 situation whereby he came to France on a working holiday visa (WHV) hoping to work a bit to help finance our stay abroad. However, the only work he has thus far been able to find requires him to have auto entrepreneur status, which you can't get on the WHV as far as we can tell.

We understand that you can't extend or switch the WHV to another visa while in France, you have to go back home and re-apply. We're from Australia, so for us, going home in order to come back again is totally out of the question.

We were wondering whether some sort of additional permit existed, like a kind of add-on to the visa, where he wouldn't be changing visas, but would just also be allowed to get auto entrepreneur status? Of course this is a very long shot but it really seems like we are out of options at this point!

Thanks in advance for your help.

Cheers,
Meagan

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Old 13th January 2020, 08:33 PM
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The only sort of "add-on" to the WHV that I'm aware of is an extension in duration (for up to 6 additional months, I think it is) - but I think that depends on the visa holder having found a job that meets the terms of the visa requirements.

The other thing to know is that if the employment your other half has found "requires" AE status, then it's not really "employment" - it's more of a contractor situation and that may not be entirely above board.

If you're both here in France, are you on a different sort of visa? Could you potentially use that to allow him to get a different sort of visa? (Say, family reunification - if you have a work visa and have been here at least 18 months.) Short of something like that, I really don't know that you have all that many options other than for him to keep looking for another job that qualifies.

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Old 14th January 2020, 06:11 AM
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Thanks for your reply, it sums up what I've found out so far. I'm a dual British and Australian citizen so I was able to come here on the back of my British passport. We've both been here for four months, and our reason for coming was that I accepted a position as a language assistant in a seven month program. If possible we would prefer to stay in France for as long as we're allowed, but we'll see how we go trying to find a job here for someone who can't speak French (we thought the language barrier would have been less of an issue than what it is).

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Old 14th January 2020, 07:04 AM
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Ooh, the language barrier often winds up being a bigger impediment than anyone thinks when they first arrive.

With your other half on a WHV, I think at least he will have to go back to Australia to get a new (and renewable) visa even if you can find a job that will sponsor you for a further visa. Depends a bit on how Brexit rolls out - though with luck you may be able to get him in as the spouse or PACS partner of an EU national. That, however, requires that he apply for that within 3 months of entering France on a qualifying visa.

Then again, how easy is it to migrate to Australia these days?

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Old 14th January 2020, 10:08 AM
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Originally Posted by Bevdeforges View Post
Ooh, the language barrier often winds up being a bigger impediment than anyone thinks when they first arrive.

With your other half on a WHV, I think at least he will have to go back to Australia to get a new (and renewable) visa even if you can find a job that will sponsor you for a further visa. Depends a bit on how Brexit rolls out - though with luck you may be able to get him in as the spouse or PACS partner of an EU national. That, however, requires that he apply for that within 3 months of entering France on a qualifying visa.

Then again, how easy is it to migrate to Australia these days?
Actually, under EU law, he doesn't even have to be legal in France to apply for an EU residence card, as long as he is a family member of an EU national exercising treaty rights. Not sure how France views that in practice, though.

If OP could PACS or marry before Brexit (which might be a problem - is there a set waiting period for PACS/marriage after applying for an appointment?) OP's partner could not only stay and be an auto-entrepreneur - although I question how desirable that is - but they could probably both stay in France for the long term, depending on how Brexit pans out and what the transition period and the time after look like. Changing from France to a different EU country in a post Brexit future may be tricky, though.

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Old 14th January 2020, 10:10 AM
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We've both been here for four months, and our reason for coming was that I accepted a position as a language assistant in a seven month program.
How many hours do you work per week?

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Old 14th January 2020, 11:47 AM
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Getting PACSed is an idea worth checking out! Not keen on all the paperwork and forms though, and not sure if it'll be worth it when we don't want to settle down here long term. But if it'll give my partner a chance to stay here for longer/be able to work then that would be good. In terms of how many hours I work, it's 12 per week as a language assistant, I also have an online teaching job (4-8hrs), and am about to take on one, possibly two more part time English teaching jobs.

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Old 14th January 2020, 01:28 PM
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I would just point out that the terms and conditions around working holiday visas vary depending on country. That being so, I have no idea whether Australians on a WHV can work as auto entrepreneurs (or potentially micro entrepreneurs), but it seems to me that is key to the OP's question and needs to be clarified (perhaps their Préfecture can advise, but I actually wondered why the partner would need some kind of 'extension' to their current visa.

Also, some activities of this nature are not all operating outside the rules as such, I'm thinking here of food deliveries by bicycle or scooter, because many of those do not require you to only contract with them - BUT you really do need to know your way around the delivery area and personally I think there is a lot of abuse going on (hello M Macron ). OTOH some of the English language schools, just as an example, are arguably operating outside or on the boundaries of the law.


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Old 14th January 2020, 02:31 PM
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Hey EverHopeful, to clarify, Aussies on WHVs can't get auto entrepreneur - you need to be on a different type of visa. So, I started this thread to find out if it was possible to somehow slightly alter the WHV to be able to have auto entrepreneur (the add on, as it were) - without having to go back to Australia to get a different visa. I think we are probably going to see if we can get him a work sponsorship in the UK and stay there for a while once this work program I'm doing here ends rather than stay here in France.
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Old 14th January 2020, 02:48 PM
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Quote:
Originally Posted by meaganj View Post
Hey EverHopeful, to clarify, Aussies on WHVs can't get auto entrepreneur - you need to be on a different type of visa. So, I started this thread to find out if it was possible to somehow slightly alter the WHV to be able to have auto entrepreneur (the add on, as it were) - without having to go back to Australia to get a different visa. I think we are probably going to see if we can get him a work sponsorship in the UK and stay there for a while once this work program I'm doing here ends rather than stay here in France.
That might be your best way forward. Good luck whatever you decide to do. (I had some difficulty finding the rules around Aussie WHVs.)

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