EU Nationals - Non EU Nationals - Exemptions

Working in France without a Work Permit Entry and residence of EU Nationals (excluding new members which have joined since 2004).

EU nationals can work in France without having to obtain a work permit or a visa. British citizens wishing to live in France should have a valid passport.

Note that British Citizens native of British Islands and the Isle of Man are not regarded as EU citizens and will therefore not be exempted.

Nationals of Belgium, Italy, Luxembourg and the Netherlands should be able to rely on their ID cards.

EU nationals have up to 3 months to apply for an EU resident permit (called: Carte de Sejour de ressortissant de l’Union Europeenne) at the ‘Prefecture’ or ‘Commissariat de Police’ (Police Station) of their place of residence in France.

The EU French resident permit will be granted as long as the applicant can produce the following items:

- A valid passport or ID card if applicable;

- A birth certificate or a marriage certificate if applicable;

- Proof of accommodation in the form of a rental agreement, official correspondence and original bills; - evidence that the applicant pays contributions to the French Social Security scheme;

- 3 passport photographs;

- A contract of employment or the necessary authorisations from the Chamber of Commerce in case of self-employment. If the applicant is retired, a proof that s/he receives a state pension (from France or his/her home country). If the applicant is a student, a proof that s/he has registered with a French University

- If the applicant is married to a French national, a copy of the marriage certificate; Or if you are married to a French National, a copy of your marriage certificate If the applicant intends to stay for a limited period of time, the permit will be issued accordingly.

If the applicant wishes to stay on a permanent basis, a resident permit will be issued for 5 years. After these 5 years, the residence permit can be renewed for 10 more years if the applicant is still employed on permanent basis.

Please note that under community law the right of residence - granted with the resident permit - can be extended to the resident permit holder’s spouse; dependant descendants under 21, dependants ascendants and spouse’s ascendants.

Entry and Residence of non EU Nationals Work Permits

As a general rule non EU Nationals are not allowed to take up employment in France, even temporary, paid or unpaid, unless they have obtained an "Autorisation de Travail" (work permit) and often a visa before arriving in France.

The prospective employer should apply and obtain the permit on behalf of the employee.

Further information can be found on the French Embassy’s website and all enquiries should be address to: Long-Stay Visa Section In London The French Consulate General 6a Cromwell Place, Po Box 57 London, SW7 2EW Tel.: 020 7073 1248 ls.londres-fslt@diplomatie.gouv.fr

Like in many countries, in most cases work permits will be issued only when it has been showed that the resident labour market has been tested and no EEA workers have been found to fill the role. This makes the chances of a work permit being issued very limited.

However exemptions have been made when it comes to the transfer of highly qualified workers employed by foreign companies with presence in France:

The "salarié en mission" card (worker send on assignment)

This card applies to:

- workers seconded to a company in France, which belongs to his/her foreign employer’s group of companies – often referred in English as an Intra company transfer. The workers remain in this case employees of the foreign company.

- workers being transferred to a company in France .which belongs to his/her foreign employer’s group of companies. The workers would in this case be employed by the French entity.

The resident labour market will not have to be tested if the applicants qualify under this scheme.

Several conditions must be met to qualify for a ‘salarie en mission’ card:

• the worker must have worked for the foreign employer for at least three months;

• the assignment must be temporary;

• the foreign employer must be trading and able to show significant and real activity;

• the worker must be sufficiently qualified and have specific technical expertise;

• the worker must earn the equivalent of one and an half of the French the minimum wage (called SMIC). This calculation is based on the brut figure.

The employer in France will be required to file an ‘introduction request’ to the DDTE ( Direction Departementale du Travail, de l’emploi et de la formation professionnelle).

Exemptions:

Vander Elst French Visa (Transnational Worker) Pursuant of the Vander Elst principle, third country nationals employed in the UK legally should be able to work in France without a work permit providing it can be shown that they are going to France to provide a service on behalf of a company trading in the EU.

These individuals will be required to apply for a visa (travailleur transnational) at the French Embassy in London prior to traveling to France.

Depending on the length of their stay they may also have to obtain a residence permit once there.

In principle this should be open to all third nationals regardless of their type of UK entitlements but based on previous experience, UK work permit holders are more likely to obtain the prescribed visa.

As very little information is available on this visa, with the exception of the actual French Legislation, it is difficult to say with any certitude what in practice will be deemed to meet the requirements.

The generic criteria are as follows:

- the worker must be ‘habitually’ employed in the other EU state (it is not clear at his stage how 'habitually' is do be interpreted);

- the worker must be sent on a temporary mission by his/her employer based in the other EU State;

- the worker must remain an employer of his/her employer in the other EU state during the entire duration of the ‘mission’

- the ‘mission’ must be of a temporary nature ie with a limited duration.

The visa will be issued in the case of an intra company mission, or a mission to a client, or delivery of temporary personnel.

For more information refer to the ‘circulaire DGT 2008/17’ 'circulaire DGT 2008/17 or consult the French Embassy or a French Immigration Lawyer. If you would like us to refer your query to one of our listed lawyers please complete our contact us form.

If none of the options listed above suits your particular circumstance you may wish to consider the new ‘Competences et Talents’ card.

The “Compétences et Talents” Card

This card is the French equivalent of the UK Tier 1 General Migrant (previously known as Highly Skilled Migrant Scheme or HSMP) or the Irish Green Card. Its test is however far more subjective as it is not based on a point system and the criteria, which are defined by the Commission Nationale des Compétences et Talents that meets in France at least twice a year are always subject to change.

It issued for 3 years initially.

The main requirements are:

- the applicant must have a credible professional project meeting the criteria set by the National Commission

– the applicant must be able to show that s/he is in every way capable of carrying our his/her project (expertise, qualification, previous experience) - S/he must be able to show that they will make significant or lasting contribution though their skills or talents, to the French economic development or to ‘ the intellectual, scientific, cultural, humanitarian or athletic prestige, and directly or indirectly, to that of his/her own country’.

The application will be assessed on:

the project’s interest/quality

the applicant’s motivation/commitment

the applicant’s skills and qualifications

the means available to carry out the project.

Who can apply?

1. University graduates
2. Qualified professionals, regardless of their level of education Investors involved in a specific project
3. Self-employed professionals such as artists, authors, athletes, etc.
4. Senior manager and high level executives employed by a French company that is part of an international group (depending on the circumstances the salarie mission card may be easier and quicker to obtain).

Supporting Documentation Required

• 2 long-stay visa applications
• 5 standard-size photos
• A Valid passport with at least one page for the visa stamp + copy of main pages
• A Criminal record from the country(ies) where the applicant has lived in the three years immediately preceding the filing of the application
• An up to date full CV The relevant Long-stay visa application fee
• An original cover letter giving full details of the project and highlighting its relevance and interest to France and to the applicant’s home country
• Any document ascertaining the applicant’s likelihood of completing the project (qualifications, references, articles, published work…etc)

Depending on the nature of the project in question, the following documents may also be required:

• If the applicant is to be salaried/employed:
  • A copy of his highest-level diploma/ qualification and job title
  • His/her tax return
  • A sponsoring letter from his/her prospective employer explaining the recruitment process of the employee and specifying his/her duties
  • A copy of employment contract, unless exception is granted A CERFA form (foreign employee authorization request – simplified contract)
• If the applicant is to exercise a commercial, industrial or traditional profession:
  • The documents stated in points A-1 and B in article I of the decree of the September 12, 2007 - documents to be produced to be granted a temporary residence card to exercise of a commercial, industrial or traditional activit
• If the applicant is to be self-employed or an artist, author, athlete, etc.:
  • A copy of his/her highest-level diploma/ qualification and job title
  • His/her tax return
  • If applicable, documents attesting of the applicant’s achievements (press articles for instance)
  • If the main applicant is to be accompanied by his family (spouse and minor children) the following will be required:
    • 2 long-stay visa applications
    • 5 standard-size photos for each member
    • A valid passport with at least one page for a visa stamp and a copy of main pages for each member
    • Civil registry documents establishing family links with the “competences et talents” applicant (ie birth and marriage certificates)

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