Appointed Directors : Passport talent « Company director»

Date of update

Appointed Director of the French subsidiary, you want to settle in France?

 

The Talent Passport marked “Company director” residence permit exists to allow you and your family to come, live and work in France.

For the needs of French subsidiary’s activities, a director or an employee, already employed at the headquarter company or in another subsidiary of the groups, can be appointed legal representative of the French company.

A company director is an individual appointed to act as a company’s representative in France for all acts relating to that company’s management, for which they are answerable to the shareholders, management and labor, and third parties, particularly in the areas of personnel management and employment law.

Depending on the legal form of the subsidiary, it is:

  • The director of a limited liability company (société à responsabilité limitée – SARL).
  • The Chairman and CEO of a public limited company (société anonyme – SA) or simplified limited company (société par actions simplifiée – SAS).
  • An individual with the power to bind a foreign legal entity (representative of a branch or liaison office).

 

Foreign company directors who are EU, the EEA or Switzerland nationals can run their activity in the same way as a French national, without any other formality.  British citizens must now also apply for a residence permit as provided below for any arrival after January 1, 2021. Algerian citizens are subject to specific scheme, see our dedicated fact sheet.

 

For company directors from outside the EU, the EEA or Switzerland, who wish to hold the position of legal representative in France, a specific residence permit exists: the residence permit “Talent passport marked Company director“.

 

Eligibility

 

To be eligible, the company director must provide evidence of:

  • Three months’ service in an establishment or business belonging to the same group, as an employee or company director.
  • Gross annual pay of at least three times the statutory national minimum wage (SMIC), i.e. € 55,965 as of January 1, 2021.
  • Their appointment as legal representative of an establishment or company established in France.

 

This residence permit allows the exercise of the commercial activity in connection with the corporate mandate.

 Authorized length of stay

 

The maximum duration is four years on a renewable basis.

The validity period of this permit depends on the corporate mandate.

Helpful tip: If the planned length of stay is less than a year, foreign nationals can apply for a long-stay visa equivalent to a residence permit (‘VLS-TS’) marked Passeport Talent (‘Talent Passport’).

This is valid for up to 12 months. If foreign nationals wish to stay in France beyond this period, they may apply for a four-year Talent Passport residence permit

Validate your VLS-TS online

Procedure

 

Where to apply

 

You live outside France

Applicants living outside France should apply to the French consular authorities in their usual place of residence.

The application for a “Talent Passport” long-stay visa authorising entry into French territory for the foreign company leader is initiated on the official France-visas website. Read on to find out all the details.

Upon arrival in France, you will be entitled to work immediately with this visa.

France-visas.gouv.fr

 

Once in France, the foreign talent must apply upon arrival for the relevant Talent passport on the dedicated platform in order to finalize the application for the residence permit. 

 

Once the application is validated by the Prefecture via the platform, the foreign talent will receive a certificate of approval which will be equivalent to a residence permit until the talent goes to the appointment at the Prefecture to get the definitive residence permit. 

 

Between the application and the delivery of the residence permit, the foreign talent can check the status of his or her application on his or her online accountanswer to any request to complete his or her file, and check the decisions made. 

You are already living in France

If applicants are already living in France under a different type of residence permit, they will have to apply for a change of status to obtain a ‘Talent Passport – Company director’ on the dedicated websiteThey will be asked to prove their eligibility for the desired residence permit. 

Between the application and the delivery of the residence permit, the foreign talent can check the status of his or her application on his or her online accountanswer to any request to complete his or her file, and check the decisions made. 

 

When should I begin the procedure?

 

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

If the applicant is already living in France, the procedure should be initiated three months before the previous residence permit expires.

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 and on  France-visas.gouv.fr.

As an indication, you can download a list of documents that must be submitted with an application for a ‘Talent Passport – Company director”

List of documents

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

Renewal applications must be submitted in the three months before the residence permit expires on the dedicated website.

Applicants must produce documents showing that they continue to meet the conditions of issuance of their permit.

For the renewal of a “Talent Passport Company director” residence permit, the applicant must be able prove continued fulfilment of the conditions set out for permit eligibility, at the time of the application for renewal with the Prefecture:

Company directors must also provide proof of the Company’s continued activity and proof of an annual pay equivalent to three times the SMIC, i.e. € 55. 419,00  as of 1 January 2020.

 

Administrative cost:  225 €

 

Change of status

In the event of a change in the professional situation of the talent, a change of status may be considered three months before the expiration of the residence permit in the case of an application for a Talent Passport on the dedicated platform or two months for any other type of residence permits at the Prefecture of his or her place of residence. It will be necessary to meet the eligibility requirements of the new residence permit requested.

 

Residence card

At the end of 5 years of legal and uninterrupted residence in France, workers in this category may apply for the resident card entitling the bearer to reside on French soil and engage in any professional activity (provide they hold the necessary diplomas, if working in a regulated professions).

Residence cards are issued for 10 years, on a renewable basis.

  Is your family coming with you?

 

The spouse and dependent minor children of the holder of a Talent Passport permit have accompanying family status.

The spouse should apply, and will be issued with a “Talent Passport – Family” residence permit. This permit authorizes the family to stay and undertake any paid employment in France as long as the foreign employee’s residence permit is valid.

Administrative cost: €225 for the spouse’s residence permit and €99 per visa issued to each member of the accompanying family.