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How do we prove "Legally resident in France" please?


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According to immigration regulations, to be legally resident you must not pose a threat to public order, you must have sufficience resources not to become a drain on the French social security system and have adequate health insurance.  When you registered under your E106, that's the proof you complied with the regulations.  When your E106 expires, you will transfer to CMU on a contributory basis and therefore maintain your residency status and right of stay.

 

 

 

 

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SD beat me to it!!

When you arrived, you took your E 106s to CPAM and they registered you in the general medical scheme and they gave you an attestation, that is dated. 

Have your E 106's run out?  If not, you don't have to prove residency until your E 106's run out (next January perhaps?).  Then you get the letter from the UK saying that you no longer have cover and you take that to CPAM with your 2007 tax return which you will have by then, plus all the other bits you took before,  marriage certificate,  birth certificates,  passports etc. 

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Just to bring this back to the original question about legal residency...

You have to prove residency at the beginning of your stay in France - not when your E106 eventually runs out.  By that time, you are already legally resident by virtue of your existing CPAM registration.  When your E106 expires, you are merely transferring to another health insurance fund and the purpose of the tax return is to calculate the basis of your future contributions under that fund.

 

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Thanks for clarifying that.  I had visions of someone asking what evidence there was that we'd actually lived here since the date we said that we have.  It occurred to me that EDF, France Telecom and other bills really proved nothing.  We registered with CPAM as soon as we arrived, so hopefully that will suffice. 

Chris

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"the purpose of the tax return is to calculate the basis of your future contributions under that fund"

Sorry SD, but no its not.  The OP asked how they proved they had been lrgally resident in France since the date that they moved here.  The definition of "resident" for CPAM and other purposes was clarified a couple of years back when they changed the rules about CGT.  To be "resident" you have to be "tax resident" not just living here, and that is why we had to send in a tax return last September to prove continued residency in order to continue in the CMU.

CPAMs accept other means of calculating payments to the CMU, signed attestations if no tax return has been filed and as Coops will testify, having been told that her CPAM in Le Mans normally only saw and accepted  UK P60s.  Coop's CPAM were amazed to see a French tax retyurn produced as of course should always be the case.  This will all change soon when the tax and CPAM records are tied up and it will no longer be necessary to have to send in a copy of your tax return as the information will be taken straight across from one system to the other.

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Ron

To repeat the legal position, the OP became legally resident here at the moment he registered under his E106.  He does not have to wait until it expires before proving residence. He also became tax resident here the day after his arrival - that is a normal tax requirement and is nothing to do with the changes regarding CGT.

Once his E106 is due to expire, he will request a transfer to CMU.  He is already legally resident in terms of his exisitng CPAM registration, but on this occasion, he must now provide details of his resources so that his future contributions can be calculated.  If his E106 expires before he has received his first tax demand, then he may submit a UK P60 or other evidence of resources. 

If, as you insist, a tax demand is required to prove residency, they why do the CPAMs accept foreign fiscal documents?  It must, therefore, be the case that possession of a French tax demand is not a necessary criteria for proving residency at this stage, but merely evidence of resources for establishing future contributions under the new fund.

Your point about sending in tax returns to prove continuing residency in order to continue in the CMU is a future issue which is not material to the OP's current position under this thread.

 

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SD said "Your point about sending in tax returns to prove continuing residency in order to continue in the CMU is a future issue which is not material to the OP's current position under this thread"

Might be a future issue for the OP but for the rest of us a reality. Have you forgotten the 18 pages of posts about proving residence?  I think you may also find the attitude to accepting P 60s from CMU members might well change from now on as well.

In August 2007 everybody who was in the CMU had to demonstrate proof of residence to be alloowed to continue in the CMU for 2007-8, not the future. You in fact contributed to the debate when people said about having to send in Carte de sejours you said only a tax return was necessary.[8-)]

http://www.completefrance.com/cs/forums/3/1056123/ShowPost.aspx#1056123

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So, in a nutshell, where do we stand?  Our E106 will expire in January 2009, and as yet we haven't been required to complete a tax form, having been resident barely a year.  Should we do anything else in the interim, or just let procedures take their course?  I just don't want to be caught on the wrong foot and discover there was something we should have done, but didn't.  In the short time we've been here, information has been scarce and it's only by subscribing to fora such as this that we've discovered much of what we now know.  Hopefully, by January 2009 CPAM, CMU and everyone else will all be aware of the new regulations and have got their respective acts together.  We don't want any more unwelcome shocks and surprises, and hope to be better prepared than we otherwise might have been!

 

Chris

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Ron

I have no argument about future renewals of CMU and the provision of a tax demand in those cases. Timescales will clearly dictate that a demand will be available in those instances, so that it not in dispute.

However, that is not the issue under discussion - rather, it's the current position of the OP in terms of his residency.  His original post indicated that he did not yet have a tax return, so to suggest this was a required proof at this stage may have caused unnecessary concern.

Chris

Thank you for clarifying your present position.  You arrived here in March 2007, so you will complete your first tax declaration in May 2008.  You will receive your tax demand in September 2008, so it will be available to submit to your CPAM in January 2009 when you apply for transfer to CMU.

 

 

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Just be aware that initially you will have to go to your local Hotel des Impots and request the forms, they won't just 'turn up'. After you are in the system they should arrive automtically.

They forms for this year are not available yet but I think you'll find a flurry of activity and questions here when they are [;-)] 

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