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TheLawLDN
TheLawLDN, Lawyer
Category: French Law
Satisfied Customers: 393
Experience:  Expert
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Rights to work in France as EU Passport holder, No i have

Customer Question

Rights to work in France as EU Passport holder
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No i have not spoken to a lawyer, currently reside in South Africa. The legal question is about being a posted worker in France (A1 form)
JA: What steps have you taken so far?
Customer: emailed south african companies, googled, read up on Frances website of laws ect. No answer found
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just need to find out how to obtain an A1 form as EU passport holder, as i do not reside in in my home state
Submitted: 16 days ago.
Category: French Law
Expert:  TheLawLDN replied 16 days ago.

Hello, I'm an adviser with JA and I will try to help you.

Please note the following:

  1. Do not provide personal information/data here. Please note that, under UK General Data Protection Regulation (GDPR) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural ­person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
  2. If you request a call, this can be either with me or with another expert that is available to pick your request.
  3. This service is intended for general information only, not advice, and does not include the examination of documents.
  4. JA does not provide legal representation and no client/lawyer relationship of any kind will be established.
  5. If you need (urgent) legal representation or advice, or answering your question requires the examination of documents and/or non-straightforward activity that falls outside the remit of this service, you should consider consulting a solicitor – and/or a barrister as the case may be – which you can look for at the following links:

https://solicitors.lawsociety.org.uk/

https://www.barcouncil.org.uk/find-a-barrister.html

Customer: replied 16 days ago.
Noted thank you
Expert:  TheLawLDN replied 16 days ago.

Hello, the reason why you have not found a solution is probably because these circumstances are quite specific.

This service is not meant for legal advice, but , personally, I think that there might be an issue here.

Even assuming that a significant proportion of the employer’s business is run in the member state in which it is established - which I do not know, of course - as you are an EU national residing in South Africa, you should no longer be entitled, since when you moved your residency abroad, to the national health cover-social security from your home country.

Expert:  TheLawLDN replied 16 days ago.

However, since a posted employee can be also a citizen from a third-party country usually working for an employer registered in the EU-EEA or Switzerland, it seems reasonable to think that there might be a way for an EU national residing in a third-party country to be seconded in France if the employer’s business is predominantly run in the member state in which it is established (if this applies to your prospective employer).

But this is quite a specific matter, one for which you should consult a French immigration solicitor for legal advice, and maybe you should ask the employer, as they normally deal with this kind of "technicalities".

Expert:  TheLawLDN replied 16 days ago.

I hope this information is useful and I wish you the best.

Please do not hesitate to contact JA again and you may ask to speak directly with me if you wish so.

I would appreciate if you could provide a positive rating, of you are happy to do it of course.

Thank you very much again.

Regards.


Expert:  TheLawLDN replied 16 days ago.

Hello, I'm an adviser with JA and I will try to help you.

Please note the following:

  1. Do not provide personal information/data here. Please note that, under UK General Data Protection Regulation (GDPR) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural ­person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
  2. If you request a call, this can be either with me or with another expert that is available to pick your request.
  3. This service is intended for general information only, not advice, and does not include the examination of documents.
  4. JA does not provide legal representation and no client/lawyer relationship of any kind will be established.
  5. If you need (urgent) legal representation or advice, or answering your question requires the examination of documents and/or non-straightforward activity that falls outside the remit of this service, you should consider consulting a solicitor – and/or a barrister as the case may be – which you can look for at the following links:

https://solicitors.lawsociety.org.uk/

https://www.barcouncil.org.uk/find-a-barrister.html

J

Expert:  TheLawLDN replied 16 days ago.

Hello, I will try to assist.

And let me say that I am so sorry you are going through such challenging circumstances.

Expert:  TheLawLDN replied 16 days ago.

I am sorry.

For a technical glitch, two messages were posted here that have of course nothing to do with this chat.

Please accept my apologies for this.