Timeline for Can my spouse work while her Carte de Séjour is being processed?
Current License: CC BY-SA 4.0
11 events
| when toggle format | what | by | license | comment | |
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| May 13, 2023 at 14:10 | vote | accept | Matt | ||
| May 4, 2023 at 14:16 | history | edited | Mark Johnson | CC BY-SA 4.0 |
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| May 4, 2023 at 6:13 | comment | added | Relaxed | @Matt Your wife definitely could not get a short-stay visa but she is not exempt from the requirement to hold a residence title for long stays so I would hope that it is possible to get a VLS-TS. It could be tricky though; the main risk is indeed that the consulate would invite you to follow the short-stay procedure instead. I have more experience with people who need a visa no matter what, even for short-stays as family members so it's a little different. | |
| May 4, 2023 at 6:00 | comment | added | Matt | @Relaxed Is it possible to get a visa when you're exempt, though? Or would it just automatically get denied because you don't need it? | |
| May 4, 2023 at 5:36 | comment | added | Relaxed | Actually, even if it clearly should not be necessary, getting a visa doesn't sound like a bad idea @phoog. It would satisfy any prospective employer that the OP's wife has the right to work and also mean that if the application takes longer than it should, you would get some cover from the attestation de prolongation de l’instruction de la demande as it always mention le titre précédemment détenu. | |
| May 4, 2023 at 5:31 | comment | added | Relaxed | (+1) @audionumaIt's a big mess. My understanding is that after the attestation de confirmation du dépôt, you should also receive a attestation de prolongation de l’instruction de la demande, which does work like a récépissé used to. But all the documentation I can find assumes you have another title because most people who use this service would have a VLS-TS or an expiring carte de séjour (there are only a few situations where applying in-country is allowed without that). | |
| May 3, 2023 at 17:20 | comment | added | phoog | @Matt I don't think it's possible to apply before arriving in France, but with the new online procedure, who knows? Certainly "within three months" is supposed to mean "within three months after arriving." It might be possible to get a visa before entering but I don't suppose it will be particularly helpful. If you can submit the application online before you're actually in France it should at least reduce the duration of the period when your wife is waiting for the card and therefore likely unable to apply for work. | |
| May 3, 2023 at 5:56 | comment | added | Matt | Thanks! Since as you say there might be a clearer answer from someone who's actually gone through the process recently, I won't click "accept answer" just yet, but this is quite helpful, at least for getting an idea of what the EU thinks should be required. Do you know if it's possible to apply for the carte de séjour before entry? Looking at the documentation requirements it seems to require my work contract, but not a French rental contract or anything like that, and "within 3 months of entry" technically should include 3 months before, at least judging by the English translation. | |
| May 2, 2023 at 21:18 | comment | added | phoog | @audionuma thanks. I did indeed see all of that, and I was planning to say that it seems unlikely that the receipt would say that it permits working, but I had gone down so many rabbit holes that I lost track of why I wanted to say that. I just get the feeling that either the system isn't compliant with EU law (if it can take 6 months or more before a spouse can work) or the documentation of the system is incomplete (if the spouse can work sooner but it's not apparent from the documentation), and that the only way to know for sure is to hear from someone who's done it recently. | |
| May 2, 2023 at 19:57 | comment | added | audionuma | Going through servicepublic.fr, one might find that to get the mentioned carte de séjour, they have to submit a digital request (Vous devez faire votre demande sur le site de l'ANEF (Administration Numérique des Etrangers en France). Then one would notice that when doing the online request, they will receive a attestation, not a récépissé (service-public.fr/particuliers/vosdroits/F36206). And one would see that such an attestation does not allow working. Only adding this as a comment because I am not a lawyer there might be more to know about this. | |
| May 2, 2023 at 12:46 | history | answered | phoog | CC BY-SA 4.0 |