doubts about expat status

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doubts about expat status


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  #1 (permalink)  
Old 28th January 2009, 09:28 PM
 
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Default doubts about expat status

Hello
I have a question to ask regarding my doubts about my future expatriate status.

I am an Indian working in a French company where I was recruited after my studies in France. I have Indian citizenship. Now it so happens that my company might expand its India operations and might send me to work in India (period of stay undefined for the moment). So my question is whether I would be considered as an expatriate like my French colleagues? When I am working in France, my company doesnot differentiate me from my french colleagues. So do you people think that the company has the option to send me as an expatriate?

I hope that I was clear in explaining my situation. I would be glad to provide more precisions if required.

Thanks in advance.
Cheers.

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Old 29th January 2009, 04:20 AM
 
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the definition of expat is 'a person temporarily or permanently residing in a country other than that of the person's legal citizenship. The word comes from the Latin ex (out of) and patria (own country, fatherland).'

So if you are a citizen of India (i.e. hold Indian passport) and you are deputed to work in India then you will not be considered as an expat. Simply put - no one can be legally considered as an expat in his/her own country of citizenship.

Hope this is clear.




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Originally Posted by sandheap View Post
Hello
I have a question to ask regarding my doubts about my future expatriate status.

I am an Indian working in a French company where I was recruited after my studies in France. I have Indian citizenship. Now it so happens that my company might expand its India operations and might send me to work in India (period of stay undefined for the moment). So my question is whether I would be considered as an expatriate like my French colleagues? When I am working in France, my company doesnot differentiate me from my french colleagues. So do you people think that the company has the option to send me as an expatriate?

I hope that I was clear in explaining my situation. I would be glad to provide more precisions if required.

Thanks in advance.
Cheers.

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Old 29th January 2009, 06:56 AM
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Users Flag! Originally from usa. Users Flag! Expat in france.
Default

Basically what Gearhead said, with one small caveat...

International companies tend to divide their payrolls into "local" or "regular" payroll and "expat" payroll. It's a means of distinguishing the types of benefits that are available to the employees covered.

As an Indian citizen, it's unlikely that you'd be put onto the expat payroll if you are transferred back to India - though if you have some form of permanent residence in France, you could ask about it. The expat benefits are there to keep foreign employees equal with their colleagues "back home" - at least in terms of retirement plans, taxes and whatever else (particularly visa status). Plus, there is usually some sort of understanding that, should the job end, the company would repatriate the person to their home country.

I'm guessing that the company hired you with the idea of transferring you back to India specifically without the need to put you on the expat payroll.
Cheers,
Bev

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Old 29th January 2009, 05:36 PM
 
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Thanks for your replies. Actually it so happens that my job might require that I shift to India and maybe say 2 - 3 years later, I might be asked for some other projects in any other country. When I was employed in my contract there is nothing mentioned that I would be obliged to work in India (it does mention however that I could be asked to be in charge of projects outside of France). What I mean to say that if tomorrow my company sends me to Brasil, I think that I would get the same remuneration as say any of my french colleagues.

What I would like to know is that if it is legally possible to negotiate with the company that I keep my present salary (of course I continue to pay the french taxes, retirement plans, etc like I do today) like my french colleagues.

Thanks for your advices.


Last edited by sandheap; 29th January 2009 at 05:40 PM.
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Old 29th January 2009, 06:55 PM
 
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Hmmm... how much the company chooses to pay you is completely their prerogative since nothing of this sort was discussed with you during your recruitment and they made you sign a contract stating they can send you to any country outside france on secondment !

If the country they second you to is India then it becomes a challenge for you to retain your expat status simply because you no longer have to pay taxes in France since you will not be working there and you do not have French citizenship or permanent residence. Secondly, as far as i know from my Indian friends non-resident indians like yourself are exempt from paying taxes in india. after your secondment to india you will no longer be a non-resident you will be liable to pay taxes in your country as per the local laws while you french colleagues in india will be exempt from the indian taxes but they will continue to pay their taxes back home in france.

so in my view you cannot be treated as an expat in your own country of residence. but you can surely negotiate the salary with your company given that you stand to loose all the benefits which an expat package commands.

cheerios!


Quote:
Originally Posted by sandheap View Post
Thanks for your replies. Actually it so happens that my job might require that I shift to India and maybe say 2 - 3 years later, I might be asked for some other projects in any other country. When I was employed in my contract there is nothing mentioned that I would be obliged to work in India (it does mention however that I could be asked to be in charge of projects outside of France). What I mean to say that if tomorrow my company sends me to Brasil, I think that I would get the same remuneration as say any of my french colleagues.

What I would like to know is that if it is legally possible to negotiate with the company that I keep my present salary (of course I continue to pay the french taxes, retirement plans, etc like I do today) like my french colleagues.

Thanks for your advices.

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Old 29th January 2009, 08:03 PM
 
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Thanks gearhead,
eventhough its not an ideal situation for me. I found your reply to be a very intellegent and well explained one.

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Old 30th January 2009, 03:58 AM
 
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no sweat mate.
try negotiating with ur boss for posting in some other country than india.
good luck and stay safe.

Quote:
Originally Posted by sandheap View Post
Thanks gearhead,
eventhough its not an ideal situation for me. I found your reply to be a very intellegent and well explained one.

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