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ForumRead Message

Subject: PACS
Date: Sunday, July 02, 2006
Name: Sharon
Message: Hi everyone,

I am a Singapore citizen I have a French lover who I want to PACS.I am a non-EU citizen and I am entitled to a 3 month visa free stay in France as a tourist. from what I gather you need to proof 1 year of common life in France before to apply the Card de Sejour.

However, I would like to find out how to obtain a visa for the 1 year common life waiting period requirement as I am living abroad.Does France grant a a temporary waiting visa for people who need to fill the 1 year criteria or do I have to apply for another type of visa. Also do I obtain the visa in my home country Singapore or do I apply it in France?

Many thanks for your help!

Replies Posted 5.

Name monique
Message Hello,

I am the French lover of Sharon. In fact, the Pacs is open to all non-EU citizens pacsing with French nationals or foreign (EU or non-EU)permanent stay permit holders in France. You just need to be more than 18 years old, not be under a limitation of your civil rights management abilities and not be actually married or pacsed. You just need to settle a common address in France (but no proof or duration of cohabitation will be asked), where you will receive all mails, where you will live with your lovers at the next step and where eventually you might be controlled by immigration services, you need as well to get a birth certificate and any evidence that you are not currently married or pacsed (all that translated in French by a legally authorised translator). In France it is more easy : the integral copy of your birth act does always mention any change to your civil status (married, divorced, widowed and now pacsed...). For foreigners where pacs does not exist or such mention in the birth act, you need to ask your foreign governement (which administration, i don't know exactly) for a certificat de coutume, that means any legal paper that is used (coutume, means used to be delivered in that particular country) to testimony of the fact that yopu are not currently married or pacsed. And as a proof that as well in France, you were not already married or pacsed, you need to ask to the Tribunal de Grande Instance de Paris, a certificate de non-engagement dans un Pacs...because this tribunal registers all pacs made with foreigners... All that papers have a limitated duration (3 months for certificate of coutume, 1 month for the tribunal of Paris certificate). And you have to appear together in the local tribunal near your settled common address, when you go to pacs... So not easy to manage have all the papers in time, etc, with the plane tickets, prepare yourself to ask the paper of the tribunal of Paris eventually many times, and you will be forced to return in your country search a new certificate of coutume if the paper of Paris comes late. Once you are finally pacsed (profiting only of the turist stay visa of 3 months to succeed), you have to return in your country and to ask for a visitor visa called D visa, at the French Embassy, telling as a motivation your need to go join your lover, and showing the pacs as an evidence (more all other prooves of your mutual commitment), but there are other requirements as well, and there it becomes difficult : your lover needs to earn between 2000 and 3000 euros brut (this income requirement is officious not official, but is confirmed by the prefecture employee of Annecy and by ARDHIS a gay organization aiming to help foreign gays to stay with their French partner), that is a major obstacle (exit poor homosexuals! ), and the foreign partner as well have all interest to show she has some bank account, diplomas, etc... if she has, the French lover needs as well to have a good appartment, judged as decent enough by the mayor of her city to be able to welcome a foreigner (maybe a studio is too small !), and she needs to convince her mayor to sign up a special certificate saying that the appartment is good enough...You must provide the French Embassy as well with this paper...And after you wait... For homosexual couples, it is easier to receive a visitor visa and later on a stay permit pour raisons familiales based on a pacs, because immigration services estimate that if you are straight, marriage is a better proof of your attachment, and homosexuals cannot marry, their only choice is pacs, it is not the same with straight, so... If you get the D visa, then you take again the way to France, ask immediately for a stay permit, and can stay with your lover for one year to wait for it, with no permission to work during that time, but it is strongly advised to take French lessons, maybe do some voluntary work in France, and collect as many prooves as possible of common life to show evidence of your integration. Hoping this will help !

Name Nat
Message Dear Sharon,

I was pacsed on last Monday, and just return from prefecture. I was devastated when found that the law for PACSED in order getting CDS had been changed and I was not allowed to apply for CDS eventhough my partner is a french nationality.

This the latest update I've got.


Name Sharon
Message Hi K and Sam,

I got my partner to ring up the Prefecture to ask, according to them I should come as a tourist in France to PACS,as soon as I have PACSed, I should return to SIngapore, and with my PACS as evidence, apply for a visa d,with visa d I will go back to France and exchange the visa for a temporary card de sejour for visitors, and wait the 1 year period, after which I will than have to apply for the card de sejour.However, the prefecture lady as said that the card de sejour was getting more and more difficult to apply for and that it would not be easy to obtain.

Therefore I am curious to know what criteris the prefecture uses to judge who is elegible for the card, is it based on mastery of French, your bank account size, your job prospects and working experience or what other criteria.....if anyoneelse knows what they look for in card de sejour applicants please let me know.

Thanks alot! Sharon

Name Samantha
Message Actually K, the PACS does give you plenty of rights - the same as if you were married (carte de séjour vie privée et familiale after one year de vie commune, sécu, inheritance, etc). The only thing different from marriage is that you have to wait 5 years before applying for citizenship instead of 2 (though it sounds like that will soon be going up to three or four years even for married residents).

I got pacs'ed last year, and have the right to work and live in France legally, so I'm wondering where you got this information from. A few of my American friends have pacs'ed since that time and also have the same rights, so as far as I know, nothing has changed.

It also does in fact extend to other European citizens, I know two different British couples who are pacs'ed, and one of my friends is currently pacs'ing her Spanish boyfriend (which will still give her the right to the French carte de séjour) because he is a resident of France.

Name K
Message I was a little unsure what you are trying to apply for or why but if I follow, you want get carte de sejour so you can live and work in France.

While I cannot speak about citizens coming from Singapore I do know that as of last year PACS did not offer any legal rights to non-EU citizens. C de S, residency or other. Through my own research for personal reasons I learned that PACS primarily exists to give citizens co-habitation benefits and does not even extend to other european citizens.

Other than that you might be able to obtain a visa if you find work first. Other than that if you just stay in France no one is going to hunt you down and find you, just make sure that you and your partner receive co-addressed mail at a French address.

Best Wishes, K

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