Corporate Immigration 2023 Comparisons

France has defined its immigration legislation around three axes: the control of migratory flows through an adapted and balanced approach to immigration, the integration of legal immigrants and the welcome of highly skilled migrants (students, researchers, high profile workers).

A new French Law on immigration is currently being debated. The content of this law is still uncertain, but it may have several impacts as, for instance, it currently provides for higher French language skills to obtain certain permits and higher salary requirements for the Talent Passport – Qualified Employee and the Talent Passport – Recruitment in an Innovative Company.

In France, the following options are available for sponsor-based employment visas:

• Talent Passport Visa (highly skilled employees, employee on assignment, qualified employees, employees of an innovative company);
• ICT Visa (intra group mobility transfer); and
• Employee, Temporary Worker (international provision of services).

The primary options available for unsponsored work and investment visas in France are:

• Talent Passport “Business Investor” visa and residence permit;
• Talent Passport “Company Director” visa and residence permit;
• Talent Passport “New Businesses” visa and residence permit;
• Talent Passport “Innovative Business Project” visa and residence permit; and
• Entrepreneur/Self-employed visa and residence permit.

Visitors are not allowed to perform any professional activities on French soil.

Certain types of work and activities do not require a visa or work authorisation because they are exempt based on specific regulations.

The following activities do not require a work authorisation if they are for no more than 90 days (Decree No 2016-1461 of October 2016):

• artists and their technical production team for film, audio-visual content, fashion shows and art models;
• personal and domestic service workers for an employer who is a private individual permanently based in the UK but staying in France;
• auditors and other experts in architecture, engineering, finance, insurance, IT and management working on assignment (Article L.1261-1 of the Labour Code);
• guest professors carrying out occasional teaching;
• taking part in sporting, cultural, artistic, and scientific events; and
• taking part in conferences, seminars and trade exhibitions.

Also, short-term work permit exemptions may apply under intra EU provision of services (known also as Vander Elst Rules after the European Court of Justice ruling).

Non-EU/EEA/Swiss nationals already lawfully employed in Switzerland or another EU/EEA country by an EU/EEA/Swiss company who are posted to France may be eligible for a work permit exemption in France under Vander Elst rules. This route is available to employers in the EU/EEA or Switzerland who intend to post employees to work in France for their company or to fulfil an assignment in a different company in France but on their behalf, provided that both companies are located in the EU/EEA or Switzerland.

If they are staying more than 90 days in France, they must apply for a permit called “Residence Permit – Employee of EU Service Provider”. The residence permit will be issued for the duration of the posting, which must be temporary. There is no limitation of the maximum duration of stay in France according to the law under this route, but the posting must be temporary.

As of the date of publication of this article in June 2023, French immigration law remains silent on remote working visas for non-EU nationals.

A level of French language is required to qualify for the ten-year residence permit: A2 level of the Council of Europe’s Common European Framework of Reference for Languages (CEFR).

For naturalisation, a knowledge of the French language in oral and written form at least equal to level B1 of CEFR is required.

The following visa holders must pass a medical examination with the Immigration Office (OFII):

• residence permit marked “employee”;
• residence permit marked “temporary worker”;
• residence permit marked “spouse of French national”; and
• residence permit marked “private and family life”.

There is no requirement for vaccinations in France for adults.

The minimum thresholds required for sponsor-based employment visas may vary depending on the immigration status and the evolution of the French minimum salary. As of May 2023, the following apply.

• Talent Passport Visa – Highly Skilled Employees – the employee must have a diploma of at least three years of higher education or five years of professional experience of comparable level, an employment contract of at least one year and a gross annual remuneration at least EUR53,836.50.
• Talent Passport Visa – Employee on Assignment – the employee must have a seniority of at least three months in the group that sends the employee abroad, an employment contract with the company that employs him or her in France and a gross annual remuneration of at least EUR37,739.52.
• Talent Passport Visa – Qualified Employees – the employee must have obtained in France a Master’s degree, or a diploma equivalent to a Master’s degree, an employment contract of more than three months and a gross annual salary of at least EUR41,932.80.
• Talent Passport Visa – Recruitment in an innovative company – the employee must be recruited from an innovative young company, or a company recognised as innovative by the Ministry of Economy, the employee must have duties which are directly related to the research and development project of the said company and the employee must have an employment contract providing for gross annual earnings of at least EUR41,932.80.
• ICT Visa – the employee must have an employment contract with the company which employs the employee abroad and a seniority of at least six months in the company. The remuneration must be at least the minimum French wage and aligned with the remuneration received by a local employee at the same level and position.
• Employee, Temporary Worker (international provision of services) – the person must have a work permit and a long-stay visa as a residence permit if this is the person’s first admission in France. The remuneration must be at least the minimum French wage and aligned with the remuneration received by a local employee at the same level and position.

In France, as long as the criteria required for the employment-based visa are met, the same visa can be used for another employer.

However, under the French work and residence permit “Employee”, the new employer shall ask for a new work permit authorisation.

For the Talent Passport Visa (highly skilled employees, employee on assignment, qualified employees, employees of an innovative company) and the ICT Visa, the processing time is about two to three weeks upon submission of the long-stay visa application with the French consulate abroad.

For the residence permit – Employee/Temporary Worker (international provision of services), the processing time is about two to three months to obtain the work permit and an additional three weeks to obtain the long-term visa at the French consulate abroad.

An individual has to comply with the entry date of visa to enter France.

There is no fast-tracked process for visa processing in France.

An individual with a three-month visa in hand must apply for their residence permit with the French local competent authorities.

An individual with a 12-month visa equivalent to a residence permit must convert their long-stay visa online on the ANEF platform.

Any employer located in France and hiring a non-EU national is liable for paying a governmental fee. This rule also applies in case of a non-EU national being seconded into a French company. This is an employer tax to be paid to the French authorities.

The amount of the governmental fee depends both on the amount of the remuneration paid to the foreigner and the length of the stay in France.

From 12 months and more, it could reach up to 55% of 2.5 x the French minimum salary; ie, up to EUR2,402.40, as of 1 May.

Between three and less than 12 months, it varies according to the level of salary within limits, ranging from EUR50 to EUR300.

Visa costs must be paid by the individual.

Authorities can take enforcement action against an individual in case of violation of the public order and non-respect of the Republique principle.

Authorities can take enforcement action against a sponsor in case the company does not comply with its labour law obligations.

Employers must comply with the labour law and social obligations (payment of social security contributions, level of remuneration, employee security, etc).

Penalties vary depending on the nature of the infringement.

There is an obligation of Right to Work Check with the local authorities two days prior to the start date of employment. It consists of sending to the competent administration a copy of the residence permit held by the new employee.

There are different categories of dependants based on the immigration status of the main applicant.

Are qualified as dependants for Talent Passport Family, ICT posted worker, married spouse (including same-sex spouse) and children under 18.

Are qualified as dependants of French nationals, married spouse or partner linked with a civil union partnership (PACS or equivalent).

Spouse or partner linked with a civil union partnership (PACS or equivalent), children (under 21) and ascendants could qualify as dependants of EU nationals in France and obtain a residence permit.

A dependant residence permit grants the right to work in France.

Dependants of EU nationals have the right to work in France only if the EU national has a professional activity in France.