1. CONTEXT

Introduced by Directive 2005/36/EC, this procedure concerns EU citizens who wish to establish themselves in the host MS (France) permanently, rent/buy a house, pay their taxes in the host MS, register a business in the host MS ... in a nutshell live like local people in the host MS, say France.

The EU citizen is an informant (and not an applicant anymore) who declares an intention to become established in the host MS using a certain qualification of any EQF level that allows its holder to work for remuneration in any EU MS and/or 1 year professional experience in an EU MS.

In other words if you are a “Pro” in your MS you are deemed to be recognized a “Pro” in the host MS.

If the “Profession” OR the “Training” of the informant is “regulated” (as per Article 3 1. e) of the Directive), the informant does not need to show ANY professional experience.

As an example, in the UK, BASI delivers a regulated training for ski instructors, in Hollande, the Watersportverbond delivers regulated training for kayak instructors.

By law, since the Delegated Act appeared in skiing, skiing has become a regulated profession at the EU level.

Under this procedure, it is the responsibility of the administration to demonstrate that the qualification presented may NOT be sufficient in terms of matters included; if (and only if) such demonstration is made (by the administration), the administration MUST then consider the professional experience and verify whether it compensates the difference of matters; if (and only if) such demonstration is made (by the administration), the administration MUST then consider the Lifelong Learning of the informant (Courses, volunteer experience in clubs, not for profit, other qualifications, attestation of non remunerated experience, ...) can compensate the lack of professional experience.

This procedure leads to the delivery of a “Carte Professionnelle”; the big drawback however is that the administration has 3 months to answer, and that the lack of answer means a refusal of the qualification, which can be challenged within 2 months before the Administrative Court. 

NB: We will need to receive by mail, clean scans of certain documents (this means, documents scanned “upside up”, clean not shiny documents, transferred in full size, no dark border, ... : clean administratively useable scans!), accompanied by a translation in French of the document or at least of the main parts of the document; please contact us for details on the translation issue as for instance official documents should NOT be translated. Find out more about the list of documents needed when you this procedure on our “Join” page.

2. HOW IT WORKS

Once the information is gathered, we will declare you under “LE” with the view to obtain a Carte Professionnelle or any other relevant documentation depending on the Member State you wish to work in.

You will be “domiciled” at our partner lawyer’s address in Lyon (Maître Philippe PLANES, 211 rue Duguesclin, 69003, Lyon) who will receive the postal receipts and letters from the competent authority and transfer it to us at Track and Flow. Nothing should arrive at your or our address, although certain administrations make a point at reaching out for the EU citizen’s address, just to make it a bit more challenging ... Little jokers !!!

Our administrative assistance to you includes:

1. Contacts by mail or phone for general explanations; as we have EU phone subscriptions, we can call you anywhere in Europe at our own expenses;

2. Discussion, selection and collection of all relevant documents;

3. Translation of key information;

4. Writing of relevant declaration documents; corresponding translation;

5. Registered post delivery to the competent authority;

6. Check out of the deadlines and calendar follow-up of the outgoing

   and incoming documents;

7. Reception of corresponding answers;

8. Analysis;

9. Internal administrative appeal;

10. Analysis of final positive or negative answer ;

Of course we will keep you informed on regular bases on the situation of your dossier and you will have our phone number and email to contact us direct.

As for financial issues and in order to make it easy for you as well as for obvious transparency issues, we have organized a flat rate for each procedure; the rates are a little different depending on the procedures as they do take more or less time and the number of exchanges we have with the administrations does vary from one to the other; of course, we have organized special discounted rates for the community members who can also benefit from further advise and assistance as professionals.

3. PRICING