Seconded employees excluding intra corporate transferees

Date of update

 

Your employer based abroad sends you on a temporay mission to France

 

If so, you must apply for a residence permit.

Employees who are nationals of the EU, EEA or Switzerland are automatically entitled to pursue their activity in the same way as a French national. Algerian citizens are subject to the stipulations of the French-Algerian Agreement (refer to our fact sheet on the topic).

Intra-company transfer is a frequent choice in a group of companies, and the “Talent Passport” and “ICT seconded employee” residence permits facilitate the procedures around it.

 

To wit, the Talent passport residence permit for “Employees on assignment” is available to foreigners hired under a French employment contract by the French company at which the assignment is to be carried out, belonging to the Group of the company that employed them abroad. When the contract with the original employer remains in effect, the employee is considered a seconded employee.

 

Where employees are sent to France under an intra-company transfer, they can obtain a multi-year “Intra-company transfer” residence permit (“Salarié détaché ICT”), subject to criteria.

Foreign seconded employees who are not eligible for the “ICT seconded employee” residence permit can still perform work for their employer in France, under the “Temporary Worker” temporary residence permit, which entitles holders to engage in salaried activity. The employer must file an application for the said work permit in advance.

The job situation will however, be taken into account.

Helpful tip: Any employer located outside France planning to post an employee on French soil must submit, before the start of the mission to the Labour Inspectorate of the place where the mission is performed.
This declaration must be made through the dedicated teleservice, the SIPSI (also available in German, English, Spanish and Italian).

Prior declaration of posting

Conditions

 

Seconded employees must: 

  • hold an employment contract with an employer based abroad.
  • be posted to France by an employer under one of the 3 cases referred to by the French Labour Code, namely:
    • on behalf of the employer and under its management under a service provision contract.
    • between establishments of the same company or between companies of the same Group in the context of intra-Group mobility, whereby the employee does not meet the eligibility conditions for the “ICT seconded employee” residence permit.
    • for the employer’s own account.
  • a prior work permit, sought by the employer from the DIRECCTE’s Foreign Labour Department. To grant the work permit, the DIRECCTE takes into account the employment situation in the profession and in the geographical area for which the request is made. Have a look at our dedicated fact sheet “work permit” to learn about the procedure.

Authorised length of stay

 

Duration identical to that of the assignment, within the limit of 12 months, renewable under conditions.

Procedure

Where to apply

 

Since the seconded employee resides outside of France, the French consular diplomatic authorities of his/her usual place of residence are competent to issue the long-stay visa equivalent to a residence permit (VLS-TS) marked “Temporary worker” (“travailleur temporaire”).

This VLS-TS is valid for 12 months and authorizes its holder to exercise a salaried professional activity upon his/ her arrival in France.

France-Visas is the official site for visa applications for France

France-Visas

Upon arrival, the employee must proceed to the online validation of his/her VLS-TS with OFII via the dedicated platform: administration-étrangers-en-France.

No additional request for a residence permit has to be made at the Prefecture during the first year in France.

The foreign national is then invited to the compulsory medical examination and / or to the reception visit.

 

When should I begin the procedure?

 

The procedure should be initiated no earlier than three months before the date of arrival in France.

Documents required

Applicants can obtain a list of exactly which documents are required for a residence permit application from the authority responsible for handling the application, either in person or via its website.

As an indication, you can download a list of documents that must be submitted with an application for a Temporary residence permit marked « Temporary worker » for a posted employee.

List of documents to provide

Cost of the residence permit

Applicants must pay a tax of €200 to the French Immigration and Citizenship Office (Office français de l’immigration et de l’intégration – OFII) when the permit is issued. In addition to this tax, stamp duty of €25 is also charged on residence permits.

In addition to this administrative cost of €225, the long-stay visa authorizing entry into France costs €99.

Extending your stay

Renewal

The request for renewal must be filed within 2 months before the expiry of the VLS-TS  or previous residence permit, with the prefecture of the employee’s place of residence in France.

Applicants will be asked to submit documents proving that they continue to satisfy the conditions for the issue of their permit.

The “Temporary Worker” residence permit is renewed for a period identical to that of the remaining secondment time, or the extension of the secondment.

Find the appropriate Prefecture

Administrative cost: €225

Is your family coming with you?

 

Families accompanying foreign talents with this type of status are not eligible for the fast-track procedure, but can apply for a residence permit independent of that of the primary applicant (visitor status, employee status if the person in question has found a job in France for example).

Otherwise, families may apply for residency in France under family reunification terms.  Family reunification terms apply when foreign nationals having resided in the country legally for at least 18 months wish to have their spouse and children join them.

For more information on the family reunification procedure, please visit service-public.fr.