Foreign workers in France: changes!

The entry into force of these provisions was postponed to a later date fixed by decree (forthcoming), and no later than November 1st, 2016.

Foreign workers in France: changes!

Act n ° 7th March 2016 2016-274 concerning the rights of foreigners in France, has changed, among other things, the rules concerning the issue of residence cards allowing foreigners to exercise a professional activity in France:

Simplification of the categories of permits authorizing the exercise of a professional activity

Article L313-10 of the CESEDA (Code of the entry and residence of foreigners and right of asylum) authorizing the exercise of a professional activity in France establishes three categories of residence permits (replacing the current seven):

  • The « employee » permit, valid for one year, delivered to the holder of a permanent  employment contract,

  • The « temporary worker » permit, issued to the holder of a fixed-term contract or detached temporarily in France (validity identical to the length of the contract of employment, limited to one year),

  • The « businessman/ professional» permit, issued for a non-salaried, economically viable activity and from which the foreigner draws sufficient means of existence.

Creation of the « talent passport »

A multi-annual "talent passport" valid for a maximum of 4 years has been created.

It replaces "employee on mission", "research scientist", "EU blue card", "cultural and artistic profession" and "skills and talent" temporary residence cards.

Creation of residence cards for intra-group posted workers

Several residence permits are created for intra-group posted workers:

  • The “detached ICT employee» residence permit (Intra Company Transfer) is issued to a foreigner who comes to France as part of a detachment assignment, to occupy a position in senior management, or expertise, in a company from the same group (the person must be able to justify professional length of service in the group of at least three months). The validity of the permit is based on the length of the assignment in France and is limited to three years (non renewable).

  • The «ICT intern » residence permit is issued to a foreigner who has an internship agreement accepted by the relevant administrative authority as part of an internship in an institution or a company within the same group (the person must justify professional length of service in the Group of at least three months, a sufficient livelihood and a higher education diploma). The validity of the permit is based on the length of the assignment in France, limited to a one-year period.

  • The « mobile detached ICT employee » or « mobile ICT intern » residence permit : If the foreigner has an “ICT employee' or "ICT intern" residence permit in another European Union Member State, they may carry out an assignment in France (three years maximum for the employee and one year for the trainee). Stays in other Member States are counted toward the total permitted time period (3 years for employees or 1 year for interns).

The families of intragroup detached « ICT » personnel (interns and employees) may be granted a residence permit that gives them the right to exercise a professional activity

Abolition of work permits for stays of less than 3 months in some fields of activity

A foreigner who enters France in order to pursue a salaried profession for a period of less or equal to three months in a field of activity on a list to be fixed subsequently by decree is no longer under obligation to hold a work permit.

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