Fawnette Posted August 15, 2007 Share Posted August 15, 2007 Can one have an American based company while a resident in France and export French goods to that American based company? Would this go against the statement that we had to sign when applying for our Visas that we "would not seek employment while living in France." We would like to have the company in our name and have our son run it for us out of Memphis, Tennessee.Thanks!Lyn McIntosh-Sherwood, Winter Park, FL, USA Link to comment Share on other sites More sharing options...
Nick Trollope Posted August 15, 2007 Share Posted August 15, 2007 Of course it would (go against the statement). What did you expect? If your visa does not permit you to work, then you are not permitted to work! Link to comment Share on other sites More sharing options...
Aly (used to be Charlotte3) Posted August 17, 2007 Share Posted August 17, 2007 Is "employment" not different to being self employed? Maybe you should ask at your embassy? I would.Aly Link to comment Share on other sites More sharing options...
samdebretagne Posted August 18, 2007 Share Posted August 18, 2007 [quote user=" Aly "]Is "employment" not different to being self employed?[/quote]Not when it comes to the paper she signed stating she would not work in France. The visa she has is meant for retired persons, or those with enough income that they would not need a job in France. There is altogether a different visa for those wishing to start their own business. Link to comment Share on other sites More sharing options...
Aly (used to be Charlotte3) Posted August 19, 2007 Share Posted August 19, 2007 I stand corrected :)Aly Link to comment Share on other sites More sharing options...
Ian Posted August 22, 2007 Share Posted August 22, 2007 I make no claims to be an expert in these matters - but I feel the answers may not be quite as definitive as suggested. In most juristrictions a limited/incorporated company is treated as a seperate fiscal entity to its owners/stock holders.Simply owning a company (or a percentage of a company) doesn't mean you are employed by that company (whether you own 100 microsoft shares or 100% of "Fawnettes Import Inc"). Provided you don't work for that company i.e. are personally employed or draw a salary, or work supplying that company, I would suggest that you would not be in contrevention of your visa. Your son would work for the company - employ the staff, manage the finances, find customers and suppliers etc - all you have done has provide the start up capital. To be extra safe start all this up before leaving the shores of the US.You would of course be free to accept dividend income (investment income) as a share holder. This would have to be declared on a tax form if you become resident but should not pose a problem. These things are nearly always more complicated than they first appear - get specialist advice - and treat forum advice (mine included) as you would well meaning ramblings from mates down the pub.Best of luck,Ian Link to comment Share on other sites More sharing options...
Nick Trollope Posted August 22, 2007 Share Posted August 22, 2007 You are quite right Ian, it is never as simple as that....However, the issue is about working, not earning. The OP's visa does not permit them to work - even for free - for anyone, including themselves or a relative. So, their son could pay them an allowance, but they couldn't do anything for it.If they couldn't contribute anything (other than capital) to the business, I can't see how it would work - surely they would be better off getting an approriate visa (not difficult if you are importing a business) or living off the capital. Link to comment Share on other sites More sharing options...
Ian Posted August 22, 2007 Share Posted August 22, 2007 I'm sure in reality you are quite correct Nick - there did seem to be a hint of "working" for the company in the original post (albeit trying to do it unseen by French authorities!) by aiding exports to the US - this of course would be go against the visas rules.I posted as if the boot was on the other foot and I planned to live in the US for a period of time and signed a "No Work" visa. I own an actively trading UK limited company - quite conceivably that company could continue to run in my absence (it is entirely European in its sphere of operation). And while I may choose to fly back to the UK for the odd board meeting I would otherwise have nothing to do with it, other than own it and draw a dividend income from its profits. I am fairly confident that under those circumstances I wouldn't be breaking my hypothetical visa rules.Have a great day,Ian Link to comment Share on other sites More sharing options...
Aly (used to be Charlotte3) Posted August 22, 2007 Share Posted August 22, 2007 Just had a look at your website. That is indeed a beautiful house.Aly Link to comment Share on other sites More sharing options...
Ian Posted August 22, 2007 Share Posted August 22, 2007 Why thank you Aly - tell your friends! Ian Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.