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Guillaume Barlet

Name:

Guillaume Barlet

Company:

Cubism Law

Title:

French Lawyer

Expert category:

Legal

Personal Info:

Guillaume is a London-based French lawyer (Independent Juriste) specialising in French property law and other matters relating to acquiring and holding assets in France or subject to French law, including issues relating to property, estate planning, probate and tax. He provides advice to international clients who are looking to purchase property in France or to transfer the ownership of property following separation and divorce procedures.

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Latest questions answered by: Guillaume Barlet

Elena

Dear Guillaume,

I am a Russian citizen who finished Erasmus both in Poland and France in 2015. Currently I'm having both Polish and French Diplomas. But after graduation I found a job in Poland and stayed there. Now I would like to check my chances in France. Do I have any advantages as a French Diploma holder to apply or receive work/residence permit there?
P.S. While in France I was not having a French residence card but was using the one from Poland.

Thanks!
Elena.

by Elena on 22 Feb 2017 Read Answer
Sandra

Hello,
My son is currently in France - on a longterm visitor visa D which expires in December. He is getting married soon to his longtime girlfriend (French).
What does he need to get a work permit so that he can work in France?
He is a newly graduated dentist and he is learning french (B2). Can he get a work permit to do any type of work while he finishes his french requirement to be able to practice? Please advise. Thank you.

by Sandra on 28 Jan 2017 Read Answer
Ana Castro

Hello,

I'm a Portuguese citizen, lived and worked in the UK between March 2016 and September 2016, when I returned to France due to my pregnancy (my family is also PT but lives in France and my partner is French). I'm a nurse, I needed to wait 3 months for my diploma to be accepted in France and only received a green light in mid-December 2016, so I found the first job available, initially proposed as a CDI, full time, during the rendez-vous to present the offer. Received the contract to sign, it had passed to "52h duree indicative mensuelle moyenne de travail variable selon le planning annuel" still CDI. I needed the job, I took it, the planning is only less than 52h of work in June/July next year, all the others are 56, 55, etc.

During the first month of work I had 36h of work to do, questioned my boss about the fact I needed more hours to work as I also need more pay and had the reference of the contract of the 52h. No decent answer, just that I needed to pick up extra hours next month to achieve what I needed. that it wasn't his fault, etc.

1) I would like to know if it says in the bulletin de paye that the base is 52h (and the planning of work for that month is at least 52h) if it's legally acceptable for him to pay me less - 36h of work I had available to do - and that makes less than 200 euros net.

This takes us to the second month - December - did 56h and something, its according to the planning of that month, but my bulletin de paye classifies this revenu as being January (on top of the bulletin). So the first month I worked was mentioned as December on the top part of the bulletin and I didn't saw that before.

Now CPAM says to me that I will not have the right to conges maternité if I do not achieve 150h of work the last 3 months before the beginning of the congés (should be around 03/03/2017). And that what counts is the top of the bulletin, if it says December but it is the number of hours of work of November, there is nothing they can do. And with this working situation I can never know what I will achieve or not in the next months. Or if I will have to stop to work at some point because of the nature of the job (distribution of publicity, working outside in the cold, company doesn't provide jackets/gloves or boots suited for snow weather, pushing trolleys of 80 kg, go up and down the streets with ice, dogs running free and barking/trying to bite, obliged to drive my own car and lift the packs of pub to and from the trolleys... )

2) What I would like to know is exactly what is in the french law, what happens if I need sick leave during sometime before the date preview to start congés (or if my baby decides to be born before 36 weeks) Or what kind of protection I can still have if I just can't do this anymore at 8th month pregnant? Because the way I look at it right now I will have to work on top of 52h monthly hours, maybe a total of 15h more, somewhere between now and 03/03/2016, and I don't imagine myself having physical capacity for that.

That takes us to another visit to CPAM. I was told this time I also need to have 12 months of social security contributions in France or 600h of work minimum. I would like to ask: can I/what should I demand to CPAM to request to UK to prove my earnings + contributions + time of work abroad. Mentioned the CE regulation nº 883/2004, and the possibility to request S040/S041 (did as I was told by english department of pensions to whom I requested help) and the response was: there is no way we do that, it does not exist any sort of comunication for conges maternité, etc etc.

Last but not least, as I feel i'm running out of time and no one can really help me or no one really knows what to do:
3) Can I request maternity allowance to England, as I tried the online simulator, I fit in all of the criteria in terms of earnings, weeks of work before stopping and coming in here. I'm just not sure if the fact that I work here now will interfere with the process. And I don't have a MAT B1, as I followed my pregnancy here since September, and before, in England, I was refused normal pregnancy care by the community doula based on the number of weeks I had. So I only have the medical reports from when I went to A&E - I had a lot of complications during the first 5 months of pregnancy.

With all of this i'm having terrible back pains, my sage-femme offered to put me in sick leave or start the maternity leave before, but I have to hold it until the day I can't walk anymore as I don't know what is the consequence of stop working. I can't find a better job because i'm "too qualified as a nurse", with many "diverse areas of experience and skills" a.k.a. "too pregnant"..

I'm in serious need of an experts look upon this, I don't benefit with any social benefits, no jobseekers allowance, no french RSA, absolutely nothing, neither here neither in the UK. I'm still waiting for the U1 form that I requested. I have to pay for all the pregnancy tests and wait and wait for the refund, and working in such salary condition doesn't allow me to rely on the fact that the refund will come. I already have an attestation de droits 100% soins and because I don't have Carte Vitale people still demande me to pay in full in front. Please give me some advice, please show me some direction and pin point where I can go to get real solid help in here as I'm reaching the limit and not even the social worker is helping.

With huge gratitude,
Ana

by Ana Castro on 07 Jan 2017 Read Answer
Karen Davis

Guillaume,
I need legal aid in court on January 11th - can you help?
Karen Davis

by Karen Davis on 27 Dec 2016 Read Answer
Paula

Goodmorning. Im working on a French CDD 35h per week contract, but work is very quiet and often I only do 20h per week. How many hours should I legally be paid? (We sign in and out everyday). Thank you

by Paula on 23 Dec 2016 Read Answer
Karen Davis

Can I refuse a divorce in France? What happens at the court hearing and can I have the date changed?
Thanks,
Karen

by Karen Davis on 11 Dec 2016 Read Answer
Steve Van Zoeren

I currently hold a French long-stay VISA certified by OFII, which as I understand it allows me to stay in France for one year from its issuance. During the term of that one year, it appears that I must return to the US to resolve a medical problem. Is there are limit on how long I may leave France during the term of my visa? I have heard 90 days.

by Steve Van Zoeren on 08 Dec 2016 Read Answer
Anne

I was divorced in France in 2010. The family home is sold and the proceeds divided in 2013 but my ex husband refuses to divide other joint assets such as vehicles. He has sold two and kept the proceeds and retained a collection vehicle, is there a time limit to apply to divide these assets?

by Anne on 14 Nov 2016 Read Answer
Michelle Konzack

I am German citizen, lived since 1983 in France, was 11 years 8 months at the French Foreign Legion and some years at the DGSE.

After being victim of an poison terrorist attack, I lost my right kidney, was dialysed for 16 years, recovered but have gotten never the invalidity pension, which was refused by the cotorep or now, mdph.

I have since 1999 the RSA (with the end of my military service and kidney problems) and france has done anything to prevent I go to court because of political issues (it is "NOT" possibel to sue the coutry which was responsable for the terrorist attack).

Also I have since 1998 (the terrorist attack) developed a nicotin allergy, which prevent me to go on many places. Also finding a job is just worse.

Since 2008 I am more "handicaped" (my left knee does not more work, I have problems with the colone vertebral and my eyes).

The "Medcins de Travail" disallow me to work, because my knee and colone vertebrale and in the same time I have no right for invalidity pension, which would be several 100€ more then the RSA.

Now since Estonia has opend itself and I have gotten my Estonian eID, I created an enterprise for BioFarming and Renewable Energies.

I was working in August/September very hard (Forresting on 5ha) in Estonia and now, over the winter I am back in Strasbourg/France but I can not even work in the name of my enterprise because of france law, which probably violate European Law.

Examples:
1) If you have no number SIREN/SIRET, you can not buy at manufacturers or big Distributors.
2) Because of 1) you can not go to germany abd buy stuff there, because France claim, it is not conform NF (Norm Francaise)
3) Foreign Enterprises need authorisation from the Prefectures and others to do professionel work in France.
4) I have an appartement in Strasbourg, but can not get professional contracts with, e.g. France Telecom, because I have no number SIREN/SIRET.

Creating a second enterprise in France is out of question for me.

However, my enterprise is created, but I will not earn money in Estonia before end of 2019 when the first plants have fuits. This is even accepted by the french social system and I continue to get my RSA, because I am only monthly based in Estonia and my principal living place is Strasbourg/France.

So my questions are:

1) What have I to do, to get my rights for invalidity pension?

2) What to do about the Restrictions for foreign enterprises?

Thanks in advance, Michelle

by Michelle Konzack on 31 Oct 2016 Read Answer
J. Watts

Hello,

I have a contract for teaching 300 hours at a university in France. Do overtime laws in France apply for hours worked over my 300 hour limit?

Sincerely,

JW

by J. Watts on 28 Oct 2016 Read Answer

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