RELEVANT GOVERNMENT ENTITIES
SOURCES & CONFLICTS OF LAW
BUSINESS IMMIGRATION
SPONSORS
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
DEPENDENTS
SETTLEMENT & CITIZENSHIP
PRESENT CLIMATE & FUTURE LEGISLATION

RELEVANT GOVERNMENT ENTITIES

Ministries or Agencies involved in the visa and permit process:

• Ministry of Interior
• French Consulate
• Office Français de l’Immigration et de l’Intégration (French Bureau of Immigration and Integration)
• Préfecture

https://www.immigration.interieur.gouv.fr/Immigration/L-immigration-professionnelle

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SOURCES & CONFLICTS OF LAW

SOURCES OF LAW

The principal sources of law relating to immigration in France are the domestic statutes implemented in the French immigration code (Code de l’entrée et du séjour des étrangers et du droit d’asile – CESEDA), the law of the European Union, bilateral treaties concluded between France and some countries.

The main important legislations in domestic law are:

• Law No. 2024-42 of January 26, 2024 to control immigration, improve integration. This law simplified some measures in professional immigration and strengthened the criteria for integrating a foreign national.
• Decree No. 2021-360 of March 31, 2021 relating to the employment of a foreign employee, entered into force on April 1, 2021. It gave rise to a significant modification of the work permit regime.
• Decree No. 2021-313 of March 24, 2021 relating to the establishment of an online service for submitting applications for residence permits. This Decree provides that an order of the Minister responsible for immigration establishes the list of residence permits for which the application is made by means of an online service.
• New French immigration code entered into force on May 1, 2021: the overhaul of Ceseda followed an order and a decree of December 16, 2020, resulting from the law of September 10, 2018: Law for controlled immigration, an effective right to asylum and successful integration.

CONFLICTS OF LAW

There are no specific conflicts between the various sources of law in France.

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BUSINESS IMMIGRATION

UNSPONSORED BUSINESS-RELATED IMMIGRATION

Long-stay visitor visa

French immigration law does not provide for many immigration status for unsponsored work and investment. A visa applicant who is not sponsored may apply for the long stay visa “visiteur” (visitor), that is valid 1 year, renewable.

The qualifying criteria are:

• Proof of accommodation in France.
• Proof of enough resources to cover all expenses during trip (at least French net minimum wage 1 426,30€ per month / 17 115,69€ per year since November 1, 2024).
• Medical health insurance certificate issued by the insurance company (covering any possible costs for medical repatriation, and emergency and/or hospital treatment, for a minimum amount of 30,000€, valid in France for the whole stay.
• Undertake not to exercise any professional activity subject to authorization in France.

It allows to obtain a 12-month visa, that shall be validated online on a dedicated platform in the 3 months following the arrival in France.

It allows to obtain the 10-year residency permit after 5 years of stay in France. In addition, there is no obstacle in law to apply for the French citizenship (naturalisation par décret) provided that all others eligibility criteria are met.

It is to be kept in mind that the decision to grant such visa remains at the discretion of the French authorities. Chances of success are 50/50.

Visa / residence permit on family grounds

An applicant may also apply for a visa / residence permit on family grounds, subject to eligibility. For example, an applicant married to a French citizen can obtain a long stay visa as spouse of French citizen. Similarly, an applicant married or having concluded a civil partnership with a European citizen may obtain a residence permit as family member of a European citizen. These residence permits allow the applicant to work in France.

Remote work / digital nomad

Under the current state of the law, there is no dedicated immigration status available for an individual to work remotely in France for a foreign entity. The appropriate visa and residence permit would be visitor, detailed above.

Similarly, to this day France has not implemented any digital nomad visa.

On the contrary, there is no obstacle from an immigration perspective for a worker employed in France to work remotely for his French employer. This will be a matter of labor law and internal negotiations between the French employer and the employee.

SPONSORED BUSINESS-RELATED IMMIGRATION

The main immigration statuses in France for sponsored employment and qualified employees are:

European Blue Card (Talent carte bleue européenne)

Qualifying criteria:

• Proposed employment contract for at least 12-month duration.
• Proposed French salary at least equivalent to 53,836.50€ per year.
• Degree equivalent to 3 years of university education, or 5 years of professional experience in the same field.

This immigration status is dedicated to highly skilled workers employed in France is for a local hire work permit. It allows to obtain a 3-month visa, that authorizes to obtain a 4-year residence permit at the arrival in France. Under this status, the labor market test will not apply.

It allows the foreign national to obtain the 10-year residency permit after 5 years of stay in France.

The holder of such residence permit can be eligible to the French citizenship application by decree (naturalisation par décret) after residing in France for at least 5 years, among other criteria.

Qualified employee / talent (Talent salarié qualifié)

Qualifying criteria:

• Validated French Master’s degree.
• Employment contract for a minimum duration of 3 months.
• Annual base salary at least equivalent to 2 times the French minimum wage (43,243.20€ per year as of November 1, 2024).

This immigration status is dedicated to skilled workers who validated a French Master’s degree and who are recruited under French employment contract. It allows to obtain a 3-month visa, that authorizes to obtain a 4-year residence permit at the arrival in France. Under this status, the labor market test will not apply.

It allows the foreign national to obtain the 10-year residency permit after 5 years of stay in France.

The holder of such residence permit can be eligible to the French citizenship application by decree (naturalisation par décret) after residing in France for at least 5 years, among other criteria.

Employee on mission (Talent salarié en mission)

Qualifying criteria:

• Employee of a company established outside of France and coming to France to carry out salaried activity as part of a mobility between establishments of the same company or between companies of the same group (intragroup mobility).
• Employed by a company of the same group outside France for at least 3 months.
• Placed under French employment contract during the duration of the mission.
• Proposed French salary at least equivalent to 1.8 times the French minimum wage (38,918.88€ per year as of November 1, 2024).

This immigration status is for a local hire work permit for an employee of the same group doing a mission in France. It allows to obtain a 3-month visa, that authorizes to obtain a residence permit valid up to 4 years, renewable, at the arrival in France with the work visa. The candidate will be considered as a salaried employee of the company in France and will have to be registered on the employees’ company record (registre du personnel de la société en France). The company will have to issue payslips in French format and in euros. Under this status, the labor market test will not apply.

It does not allow to obtain the 10-year residency permit after 5 years of stay in France.

The holder of such residence permit may not be eligible to the French citizenship application by decree (naturalisation par décret), this immigration status being considered temporary in nature.

Intra-company transferee (Salarié détaché ICT)

Qualifying criteria:

• Transfer within two companies belonging to the same group or two entities belonging to the same company.
• Seniority employment within the group for at least six months.
• Sufficient financial capabilities and a salary equivalent to the French peer salary for a similar position.
• Bring expertise on specific fields to benefit the French company or fulfill a managerial role.

This status is dedicated for employees doing an intra-company mission, from a home company located outside of the European Union to a host company that is part of the same group and located in France. Under this immigration status, the assignee remains on home country payroll, employment contract and when feasible social security coverage.

It allows to obtain a 3-month visa, that authorizes to obtain a 3-year residence permit at the arrival in France. Under this status, the labor market test will not apply.

This ICT status requires the employer to notify the assignment to come to the French labor inspectorate before the arrival on a dedicated platform, and to designate a French representative who will answer to the French labor inspectorate in case of any query during the mission.

Under this immigration status, the assignment is limited to a maximum duration of three years. It cannot be extended beyond 3 years. A cooling period of 6 months out of the European Union must be observed if the employee should return to France under the same status for another mission.

It does not allow neither to obtain the 10-year residency permit nor to be eligible to the French citizenship, being temporary in nature.

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SPONSORS

REQUIREMENTS FOR SPONSORS

In order to obtain the necessary authorizations to employee a third country national, a sponsoring employer shall be registered in the French Tribunal du Commerce and be up to date with the payment of social security contributions with the French URSSAF. Evidence will be required when submitting the visa/work permit application.

SANCTIONS, CIVIL & CRIMINAL PENALTIES FOR SPONSORS

An employer that hires, retains in one’s service or employes for any period whatsoever a foreigner who does not have the permit authorizing him to exercise an activity as an employee in France may be subject to:

• Financial penalties per salaried employee for a maximum amount of 5,000 times the employee’s hourly rate, pronounced as many times as there are employees concerned.
• Criminal penalties: 5 years in prison and a fine of 30,000 euros.
• Complementary penalties (such as the dissolution of the legal entity; The ban to exercise directly or indirectly one or more professional or social activities; the placement under judicial supervision; definitive closure or closure for a maximum of 5 years of the establishment used to commit the offence).

Additional penalties can apply when the sponsoring employer commits additional offences (fraudulent complicity in obtaining a work permit; refusal to hire or dismissal a candidate who belongs to an ethnic group, a race).

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COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION

There are no major issues or concerns which could affect the ability of a sponsored employee to obtain immigration permission to enter or residence in France.

Only Algerian citizens obey to a specific immigration law due to a Treaty concluded between France and Algeria in 1962. While it was once favorable, Algerian citizens do not benefit from any favorable immigration status that have been implemented over the past decades (such a Talent visa and residence permits). As a consequence, a sponsoring employer shall first evidence that there was no other candidate on the French labor market before obtaining a work permit, then for the candidate to obtain the work visa. When in France, their residence permits (certificat de résidence for Algérien), is limited to 1 year, renewable. The immigration process is accordingly longer and shall be anticipated in advance.

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DEPENDENTS

PERSONS QUALIFYING AS DEPENDENTS

• The married spouse and children aged under 18 can qualify for dependent in order to benefit from the favorable process of accompanying family. This concerns spouse and/or children of a Talent Passport visa and ICT visa.

• Married spouse of a French citizen benefit from a specific immigration process. The full recent copy of the French marriage certificate will be required, or when applicable it shall be transcribed in the consular civil status registers for marriages not celebrated in France. The French spouse shall have retained the French nationality. Same sex couples do qualify as dependents.
• Similarly, an applicant married or having concluded a civil partnership with a European citizen may obtain a residence permit as family member of a European citizen. The married spouse will be immediately eligible to this immigration status, while the civil partnership couple will need to evidence at least 1 year of common prior to the application. Same sex couples do qualify as dependents.

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SETTLEMENT & CITIZENSHIP

The time frame will vary based on the type of visa/residence permit that is applied for and is subject to the workload of the French authorities. Delays are to be expected during high peak seasons (Summer holiday season, Winter holiday season, school holidays).

For applications that first require a work permit before obtaining a visa, the average processing time with the labor authorities is 2 months. Then the visa application takes an average processing time of 2 to 3 weeks, from the day of the appointment until the visa is issued. Then when in France, the residence permit application takes an average processing time of 4 to 6 weeks, to which you should add the prior home search upon arrival.

For all applications that are exempted from obtaining a prior work permit and are submitted directly at the French Consulate (such as Talent visa, ICT visa), the average processing time is 2 to 3 weeks from the day of appointment until the visa is issued. Then when in France, the residence permit application takes an average processing time of 4 to 6 weeks, to which you should add the prior home search upon arrival.

French citizenship applications obey to specific rules based on the ground of the application. The common ground is based the “naturalisation par décret” for which the applicant shall evidence at least 5 consecutive and legal residence in France. Additional requirements are stable, regular and sufficient financial resources, be up to date with the French taxes, knowledge of French language, assimilation into the French community, not being convicted for any criminal offences in France or abroad.

It should be kept in mind that the applicant shall evidence the legal stay in France during the entire process until the decision of the French authorities is made. There is no right to become a French citizen hence the decision remains at the entire discretion of the French authorities. The processing time can vary greatly from a Préfecture to another, from a minimum of 18 months to several years.

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PRESENT CLIMATE & FUTURE LEGISLATION

PRESENT CLIMATE & TRENDS

While each French Governments tend to amend the immigration law to tighten up the immigration rules, corporate immigration keeps benefiting from favorable policies in order to attract talents and highly skilled workers.

As an example, a recent Immigration Bill was adopted by France’s Parliament on December 19, 2023, and was published in its final version in the Official Journal on 26 January 2024. Among other measures the Law created a “Talent – medical and pharmacy professions” residence permit, that will concern doctors, midwives, dental surgeons and pharmacists.

The law planned the establishment of “quotas” to cap for the next three years the number of foreigners admitted to the country. This measure has been considered as unconstitutional by the Constitutional Council. Quotas will accordingly not be implemented.

FUTURE LEGISLATION

Relaxing of the criteria for issuing the “Talent European Blue Card” status.

France is in the process of implementing Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 (on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC). The text entered into force on 17 November 2021 and Member States had until 18 November 2023 to transpose it into domestic law. The objectives of the Directive are to harmonize practices between Member States, establish a clear and transparent system to attract highly qualified workers from third countries, and provide for faster procedures and more flexible admission criteria:

• Reduce the required minimum duration of en employment contract: The “Talent – European Blue Card” status will be accessible with a fixed-term contract of at least six months, and no longer 12 months as is currently the case.

• Broader work experience in the absence of diploma: If the applicant does not have a diploma corresponding to at least three years of higher education, he can now apply for the Talent – ​​European Blue Card status if he has at least five years of professional experience. It will now be possible to provide proof of only three years of experience in the seven years preceding the application. However, this relaxation will only concern certain professions, the list of which will be set by Decree in the Council of State.

• Ease intra-UE mobility: Currently, the holder of a “European Blue Card” status in another country of the European Union for at least 18 months can directly apply for the Talent-European Blue Card residence permit, without having to first obtain a French long-stay visa. The bill provides for the reduction of the period from 18 months to 12 months. This period would be reduced to 6 months when it is the second mobility in a Member State of the European Union.

• Relax the issuance of the EU long-term resident card: the EU long-term resident card may be issued to the holder of a European Blue Card Talent residence permit who has been residing in France for two years, if he or she has spent at least three years in France or in another European Union state under the cover of a “European Blue Card”, “Qualified Employee Talent”, “Researcher” or refugee/subsidiary protection status.

Lastly, it should be noted that the issuance of the European Blue Card Talent visa or residence permit may be refused if the employer company was created or operates for the main purpose of facilitating the entry of third-country nationals. A refusal may also be issued if the employer has failed to meet its legal obligations in terms of social security, taxation, workers’ rights or working conditions, or if it has been the subject of a criminal conviction for illegal work.

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