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How Does one become French domiciled

Posted by Vera-Lill - Created: 10 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by welli42 - 10 years ago

In fact FrancisH you can opt out of the UK NHS system, I have as I am now registered with the social security dept (CPAM) in Nice.

I pay UK tax and NI, yet chose to live here in France. The minute you file your E106 you effectively leave the NHS. I can say that with assurance as I've just renewed mine and in a moment of boredom read through all the blurb that they sent me! Of course you can still get emergency treatment in the UK if necessary in the same way that any EU passport holder can.

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Posted by FrancisH-235997 - 10 years ago

I do not think it is possible to opt out of the UK NHS., so if he is paid in the UK he must be having contributions deducted from his pay for NHS. I know income tax is avoidable under his tax-exile circumstances but not contributions for UK NHS.

I have just bought a holiday home in Nice but not to pretend I can become French domiciled. Sounds to me the person prefers to consider France his/her home but prefers to work in the UK because the pay is better in the UK than in France where income tax is not avoidable.

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Posted by swordsman-226099 - 10 years ago

Also as has been pointed out domicile in the UK is a complicated issue as opposed to residency which is fairly straightforward

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Posted by orme-197181 - 10 years ago

As others have pointed out, he cannot 'consider himself French', nor can he have a French passport or identity card unless he applies for, and receives, French citizenship. He is, quite simply, not French. He can apply for French citizenship (être naturalisé) if he is resident here, but it can take two years before it is granted (if they grant it - they could say no).

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Posted by welli42 - 10 years ago

If he contributes NI payments in the UK he will be entitled to the same level of healthcare as a French national, forget the EHIC, he needs an E106 from HM Revenue & Customs (+44191 2254791) which is then registered with his local CPAM.

He will then get an Attestation which entitles him to approx 70% (variable) of treatment costs in the same way as a French person, it is usual to then pay into a mutuelle to cover the balance.

In some cases he will be able to show his Attestation and mutuelle and not pay a penny up front, other times he will need to pay and then claim back from CPAM/mutuelle later.

It's a long winded system - loads of paperwork, but you get there in the end!

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Posted by stuffaboutnice - 10 years ago

Forgot to add: if he is a "tax nomad" (not resident anywhere in the world for tax purposes) then he cannot expect free healthcare or a state pension as he will never have paid into any social funds! But (again as far as I know) the French tax authorities account for "nomads" by having the residency clause I talked about above.Passports are a completely different matter to tax residency.

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Posted by stuffaboutnice - 10 years ago

He does need expert advice... from what you have said, he is a tax resident in France and should be paying French income taxes (and I guess social security contibutions). As far as I know, the French class you as resident here according to the normal residency rules (182 days per year) OR if you spend more time in France than any one other country (even if you spend less than 182 days per year here).

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Posted by Vera-Lill - 10 years ago

Thanks for reply Christpher,

I forgot to menton he does not pay UK income tax because he is a tax excile in the UK as he spends less that 90 days there. As soon as he arrives he is usually sent to somewhere else in the world for a few days to work. Therefore he avoids paying any UK income tax as he spends far less than 90 days in the UK. He prefers the sun in the Cote d'azur and can afford the weekly air faires because he pays he does not have to pay income tax or other payments towards social security anywhere.

He sold his house in the UK to qualify for this, it appears he has found a loope-hole to avoid paying income tax anywhere. But my original question is can he be considered French, he considers himself to be French domiciled.

I beleive he intends retiring in France eventually but that is years away he is only 37.

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Posted by magsk-214612 - 10 years ago

If he's not contributing to the social system here, he isn't entitled to "free" health care. If he's making NHS contributions in the UK, then that is where he is eligible for healthcare. If he obtains an EHIC (European Health Insurance Card) from the UK, then he can obtain treatment here if necessary, but will likely have to pay up front and then be reimbursed by the NHS.

For more info on the EHIC: http://riviera.angloinfo.com/countries/france/healthcard.asp

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Posted by ChristopherL-188542 - 10 years ago

"domicile" is a very particular word in English in the context you are conceiving of it. Only a professional tax expert can really advise you as to his "domicile" as would be interpreted by the British - for example in terms of tax on long term investments or on inheritance procedures. On the basis of what you have described, he is almost certainly still UK domiciled but don't take my word for it - ask an expert.

"Résidence" is the word that the French Fisc would use to determine his immediate liability to impôts sur le revenu. It's not clear to me from what you have described whether they would consider him fiscally resident - he'd need to ask them. They'd probably be interested in his rental income though. He's already registered at a fiscal address by virtue of his taxes foncières so if the Fisc took an interest in his world-wide earnings, they'd attach that interest to his fiscal reference already established and he'd start to receive an annual tax declaration to complete.

Even if the Fisc did do that (and it's not clear that they would) then he may or may not have tax to pay depending on whole raft of conditions and trade-offs under UK-France double-taxation treaty. Again - expert advice needed.

And........ even if he DID pay income tax in France, that would not entitle him in any way whatsoever to French nationality or even to French Sécurité Sociale benefits, as they are totally unrelated to paying income tax.