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Discussion Starter · #1 ·
bit of a complex question

Im a uk national with a russian wife, we both live in Dubai united arab emirates and hold residency visas here

I am the owner of a business in Dubai

we have just jointly purchased a house in France

my wife wishes to reside on a permanent basin in France in our house, whilst I stay in Dubai running my business to fund the renovation which she will oversee whilst in France

She will not work whilst this is being done

as an EU spouse what visa will she need to stay in France at our house?
whilst I stay non resident in France?? I will regularly visit france but not exceed the 183 days a year and therefore aim to stay non tax resident in France

My wife will also retain a UAE residence visa to enable her to come visit me in UAE

Hope someone can offer some advice
 

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Ooh, you are making things tough on yourselves.

The "183 day rule" means nothing in France. There are three criteria for tax residence:
1. You carry out a trade or profession/business in France. (I.e. you work in France)
2. Your primary residence (i.e. home) is in France.
3. Your main centers of interest are in France.

Meet any one of these and you are considered tax resident in France. However, France also taxes a married couple as a "household" - there is normally no option for the spouses to be taxed separately unless they have a court ordered separation agreement. The fact that you regularly visit the house in France (and keep some or all of your personal items there) can be interpreted to be your having your primary centers of interest in France.

Add to that, the notion that in order to take advantage of the EU "simplified" immigration thing for the spouse of an EU national, the non-EU national must be joining their EU spouse in residence in France. Which probably means your wife would have to get some sort of a long-stay visa to live in the house in France.

If you were to establish residence in France, she could claim a carte de séjour through you. You would both have to have health insurance cover for France, and yes, you'd have to declare your income in Dubai on your French tax declaration, but I'm not sure about the tax status of that "foreign" income given the lack of income taxes in Dubai.

It's a touchy situation any way you look at it.
Cheers,
Bev
 

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Discussion Starter · #3 ·
thanks

HI Bev

Firstly thanks for your response

1. You carry out a trade or profession/business in France. (I.e. you work in France)
that I certainly will not be doing

2. Your primary residence (i.e. home) is in France.
I will be have a home in Dubai and maintain a residence visa here, Im also a business owner here

3. Your main centers of interest are in France.
My only centre of business will be Dubai, and all income will be created here in the middle east.. absolutely nothing generated in france

not sure how that would be interpreted...
 

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The one caveat is that, the way the French rules work, you don't get to reference your status/situation elsewhere in the world. The tricky part of your situation is the French requirement/assumption that a married couple maintain a residence in common.

So, if your wife is not "joining" you in France, then she'll need to get a visa on her own in order to set up residence in France. Probably a visitor visa, from the sounds of it - in which case she'll have to demonstrate adequate financial resources and have her own private health insurance. (Basically, she will not be able to benefit from being the spouse of an EU national unless said EU national IS taking up residence in France.)
Cheers,
Bev
 
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