FRANCE: Decree Approved to Implement New Immigration Law on Foreign Workers

November 3, 2016

The French government has just published the first Decree that will implement the Law on Foreign Workers of 7th March 2016. The Decree came into effect on 1st November 2016 and applies mainly to two immigration categories and one work permit exemption.

New categories

The categories affected are “Talent Passport” and “Intra-Company Transfer of Employees on Detachment” (secondment).

Talent Passport

This is a four – year permit applicable to the following categories:

  • Change of status for students holding a Master degree from France;
  • European Blue Card;
  • ICT “salarié en mission” with a local employment contract in France;
  • Scientists/Researchers;
  • Applicants holding a Master degree who wish to open a business in France;
  • Foreign nationals who present a project in innovation that has been recognised by an official administration;
  • Foreign nationals who invest directly in France;
  • Artists.

Secondment (ICT on detachment)

This category – that already existed – will now include three separate permits:

  • ICT Employee on Detachment. For senior management or to provide expertise to an entity of the same group of companies as the home entity;
  • ICT Trainee. For approved training agreements within the framework of an internship for an entity of the same group of companies as the home entity;
  • Mobile ICT Employee on detachment or Mobile ICT Trainee. For foreign nationals that already hold a residence permit issued by another EU country under one of the above categories (ICT Employee or ICT Trainee).

Work permit exemption for short-Term Assignments

For assignments of up to 90 days, a work permit will no longer be required for:

a) Employees on local contract in France working in the following areas:

  • Sports, cultural, artistic and scientific events;
  • Professional conferences, seminars and workshops;
  • Film, audio-visual, entertainment and Phonographic publishing production and distribution, if the employee is an artist or technical personnel that is directly part of the production or project;
  • Modelling;
  • Personal services and domestic workers during the assignment in France of their private employers;
  • Education given occasionally by visiting professors.

b) Employees on detachment (certain types of secondment):

  • Assignments for audits and experts in information technology, management, finance, insurance, architecture and engineering.

For further information on this topic or for advice on French immigration in general, please email us at [email protected]