In May 2019, their convenience store was checked by border police officers (PAF). The latter observe a woman and a man in "work action". They are the couple who co-manage the establishment. After checking the documents, it turns out that the couple, of Chinese origin, are not allowed to work on the French side. On the other hand, all the papers concerning the company are in order.
The company is being prosecuted for employing a foreigner who does not have a work permit. She was summoned on October 15 before the local court of Saint-Martin.
As she did during the police investigation, HC, the wife and her counsel, tried to convince the court of her good faith. HC grew up in Anguille and came to the island of Saint-Martin with her husband when the two had the opportunity to take over a business in Marigot, in this case a mini-market.
HC started the administrative procedures with the help of a chartered accountant. The latter carried out all the procedures with the CCI and other organizations. He also provided her with a document certifying that she could work in his mini-market. But in the end, she didn't have the right.
If a foreign person domiciled abroad can create and manage (remotely) a business in France, he cannot work there physically unless he is authorized to do so by the authorities. And it is this last condition that HC and her husband do not fulfill.
HC and her husband live on the Dutch side where their children go to school. They hold a residence permit in Sint Maarten but not a residence permit authorizing them to work in France, at least in Saint-Martin. They never asked for it. "Out of ignorance," she confides. For HC, the document provided by the accountant was sufficient.
The prosecution requested a fine of 5000 euros.
After deliberation, the court ordered a suspended fine of 5 euros. (soualigapost.com)
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