France – A new French immigration law approved with a focus on mobility of employees

Written on 4 Oct 2016

The law has created a new residence permit (“Passport Talent”) and modified the procedure for intracompany transfers (which are referred to as “ICT” from now onwards) to simplify mobility within the EU.

New residence permit – Passport Talent

The Passport Talent concerns, in part, holders of Master’s degrees, high-level employees and ICT employees.

The individual will not be subject to a French work authorization and shall have a French employment contract.

The residence permit will either have the same duration as the assignment in France, or it will last a maximum of four years (renewable).

The family dependents of the passport talent holder will be authorized to work without having to obtain a specific work authorization.

New residence Permit – Intra Company Transfer Seconded Employee

This residence permit will be issued to a foreign employee who comes to France to hold a high level position or to provide an expertise within a company belonging to the same Group as her/his employer abroad.

The individual will not be subject to a French work authorization.

In addition to the amount of the gross monthly salary (approximately 2,600 €), the foreign employee shall have three-month seniority within the Group.

The residence permit will be issued for the duration of the assignment in France, and for a maximum of three years.

The family dependents of the residence permit holder will be authorized to work without having to obtain a specific work authorization.

Simplification of the secondment of EU ICT Employee

The foreign employee who is authorized to enter and work in another EU country and is a holder of a “Seconded Employee Mobile ITC” residence permit will be authorized to enter and to work in France without obtaining a specific work authorization.

If the foreign employee stays in another EU country for more than 90 days, the foreign employee shall obtain a specific residence permit.

The residence permit will be issued for the duration of the assignment in France, and for a maximum of three years.

The family dependents of the foreign employee will be authorized to work without having to obtain a work authorization.

New residence Permits – Trainee ICT and Trainee Mobile ICT

This “Trainee ICT” residence permit is for a foreign employee who comes to France with an internship agreement – approved by the French Administration – to carry out training within a company of the same Group.

In addition to the gross monthly salary (which is to be defined by a Decree), the trainee shall have 3-month seniority within the Group. The application will be filed directly to the French Consulate.

The “Trainee ICT” residence permit will be valid for the duration of the training in France.

The “Trainee ICT” family will obtain a “Trainee ICT family” visa and a residence permit. The “Trainee Mobile ICT” family will obtain a “Trainee Mobile ICT” residence permit without having to obtain a visa beforehand.

Simplification of the formalities for the stay of less of 90 days

The new law removes the obligation to obtain a work permit for a foreign employee who will work in France for a period of less than 90 days or for a period which is equal to 90 days if her/his position appears on a list which is fixed by Decree.

The areas concerned should be fashion, culture, research, auditing, legal advice, etc…

The law will also change the regulations for the managing directors (the Passport Talent will be valid for four years), for investors (the criteria of issuance will be less restrictive and will be adapted to the needs of economic investment in France), for students, for scientists, for long term residence permits and for the status of non-workers.

The Decrees of the law will provide further details and should pass on 1 November 2016.