The long-stay ‘Visitor’ visa is often presented as a simple solution for foreign nationals wishing to settle in France without engaging in professional activity.

In reality, although it is based on a clearly defined legal framework, its implementation is more nuanced and its issuance remains uncertain.

1.    A clearly defined legal framework

The ‘Visitor’ visa is a long-stay visa allowing its holder to stay in France for more than three months; it is issued in the form of a 12-month VLS-TS visa.

It is intended for people who wish to reside in France without working for a French entity and without receiving remuneration in France.

To be eligible, applicants must provide proof of:

•    sufficient resources (their own or provided by a relative),

•    private medical insurance,

•    accommodation in France,

•    and a commitment not to work in France.

From a legal standpoint, the principles are therefore clear and well defined.

2.    An indicative, non-exhaustive list of documents

In practice, the application procedure for a ‘Visitor’ visa is not based on a closed list of documents.

The supporting documents required by the consular authorities are indicative and may vary depending on personal circumstances. Plans to settle in France, resources and accommodation can be established ‘by any means’.

This flexibility, while allowing for a variety of situations to be taken into account, also makes the processing of applications less predictable.

3.    Wide discretion for consular authorities

Contrary to what one might think, a ‘Visitor’ visa is not issued as a matter of course. Even if an application formally complies with the usual requirements, there is no guarantee as to the outcome of the application.

The absence of exhaustive criteria gives consular authorities broad discretion, based on an overall analysis of the applicant’s situation.

This results in decisions that can vary from one application to another, making the outcome sometimes difficult to anticipate.

4.    Applications processed as a priority in certain situations

In practice, certain categories of applications are more frequently approved, in particular those from:

•    spouses and minor children of foreign nationals residing in France with employee status;

•    unmarried partners of Talent or ICT visa holders;

•    retired persons or ascendants of French nationals. 

However, these factors do not constitute automatic criteria for obtaining a visa.

5.    The question of renewal

At the end of the one-year validity period of the long-stay ‘Visitor’ visa, a temporary residence permit valid for one year may be issued.

What happens after several years?

‘Visitor’ status does not entitle the holder to a multi-year residence permit. However, according to Article L433-1-1 of the CESEDA, a temporary residence permit cannot be renewed more than three times consecutively. Consequently, renewal after four years of residence in France (one year on a long-stay visa and three years on a temporary residence permit) could be refused by the prefecture.

As these provisions have only recently come into force, questions remain as to their application.

Furthermore, according to social security law, anyone who resides in France on a stable basis for more than 3 months is entitled to have their healthcare costs covered. However, immigration law requires applicants for a temporary ‘Visitor’ residence permit to provide proof of private insurance with each renewal application.

When checking documents, the prefecture has decided to strictly apply the provisions of immigration law: private insurance is mandatory because the applicant does not pay contributions in France, where they do not engage in any professional activity.

6.  The specific case of teleworking under ‘Visitor’ status

The issue of teleworking from France on behalf of a foreign entity is regularly raised in the context of the ‘Visitor’ visa.

From an immigration law perspective, there is nothing to prevent this in principle, provided that there is no connection with a French entity.

However, this situation may raise sensitive issues in terms of social security and taxation, or even risks for the company. These situations require specific analysis in advance.

Conclusion

The ‘Visitor’ visa does indeed exist and is a legal tool provided for by French law.

However, its issuance is based on an individual assessment of each situation and cannot be considered an automatic solution.

An analysis of the applicant’s planned stay and personal situation is therefore essential to ensure the process is secure.

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