Regarding the right of residence of nationals of the European Union, the European Economic Area or the Swiss Confederation, reference must be made to European law and its transposition into French law.

These nationals are exempt from a residence permit and work permit, as they benefit from free movement, residence and access to the labor market in France. They can exercise any salaried or self-employed professional activity, under the same conditions as French citizens (with the exception of certain public jobs or certain regulated professions).

They are not required to hold a residence permit, but must nevertheless be provided with a valid identity document or passport. In fact, there is no obligation to register in France for European nationals, who can therefore prove their residence via recent proof of residence.

It should be noted that in the event that a European employee, or even a French employee, is hosted in France, under cover of a foreign employment contract, formalities remain to be carried out in terms of labor law: the prior declaration of posting. Nationality is therefore not an absolute guarantee of the absence of formalities prior to reception in France.

Our experts ensure your compliance with French law with a permanent concern for risk prevention, whatever the particularities of the proposed movement.

The short stay

The French authorities set 90 days as the limit between the “short” and the “long” stay. The immigration procedure will therefore strongly depend on the length of the planned mission in France. However, the activity to be carried out, even for a short stay, will also determine the appropriate authorization category.

In principle, any stay of less than 90 days during which the employee will carry out a productive activity must be seen as subject to a work permit, because so-called business visas (Schengen visas, with or without exemption depending on nationality) do not allow the “Work” in France. Some exceptions exist in order to facilitate the mobility of certain employees on short stays.

Our expertise allows you to quickly ensure the specific requirements of the file and its qualification by the authorities.

Indeed, it is crucial, even for short stays, to ask the question of the need to obtain a work permit when the person “works” in a country other than that of their nationality.

The long stay

Long-stay professional immigration to France is studied through two prisms:

• the mobility scheme: there are two main ones:
• mobility outside the group;
• and intra-group mobility;
• and the employee’s status: there are also two:
• secondment, which implies maintaining the employment contract with the original employer;
• and expatriation, which involves suspension or even termination of the initial contract and the signing of a local contract (in the event of termination, the employee can be said to be “localized” in HR terms).

Consequently, four different legal situations may arise for nationals of third countries. Each will correspond to a category of work and residence permit in France, or even several.

There are therefore multiple categories of work and residence permits in France, each with its eligibility conditions, its procedure for obtaining it, its period of validity and its conditions for renewal.

To name but a few, a secondment intra-group mobility will have to be the subject of an application for an “Salarié détaché ICT” title, while a new hire under a local contract may be eligible for the status of “Passeport Talent – Carte bleue européenne”,“ Passeport Talent – Salarié qualifié” or “Salarié” for example. Finally, intra-group mobility for local hiring will allow obtaining the ” Passeport Talent – Salarié en mission”.

In terms of duration, where the status of “Salarié détaché ICT” is valid for 3 non-renewable years, the different subcategories of the “Passeport Talent” are valid for 4 renewable years and the “Salarié” status is initially valid for 1 renewable year.

These different aspects of the categories as well as the eligibility conditions of each must be known upstream of the immigration process because they can lead to adjustments in the conditions of mobility, such as for example the level of the salary offered in France.

It is important to remember that immigration has an impact on issues of labor law, social security and payroll. It is for this reason that you must also analyze all these subjects in parallel with the immigration procedures.

Coupled with your social and fiscal requirements, immigration therefore appears to be a key factor in the success of your mobility.

It is therefore essential to call on an international mobility specialist to advise you and help you carry out the procedures best suited to your needs, your requirements and the particular situation of the employee.

Alongside the experts from RHexpat and our partner firm MSE Avocats, dedicated to handling the legal, tax and labor aspects of international mobility, 22.55 deploys the continuum of services necessary to support your immigration procedures from the upstream to downstream.

The procedures for applying for these different statuses vary but, since 2016, many statuses have been issued by consulates, which has led to a significant reduction in processing and issuance times. Thus, companies wishing to welcome a foreign employee can more accurately anticipate the mobility agenda, because they have better visibility on the possible date of arrival of the employee.

However, it is recommended to anticipate the procedures and to plan a minimum of 2 months of procedure between the launch of the procedures and the start of the assignment in order to ensure a serene arrival of the employee in France.

Once in France, procedures will have to be carried out with the local authorities (OFII or prefecture) but the employee is authorized to work before they are finalized.

We take care of all of these procedures for our customers, so that your employee can take up their post in France with confidence.

The accompanying family is, for most categories, authorized to accompany the foreign employee in France. Dependents are defined in France as married partners and minor children. The other members of the family will not, in general, be eligible for accompanying family status and will have to obtain a residence permit in France on another basis (for example, “Etudiant” for an adult child).

The family’s requests can be submitted at the same time as that of the employee or later in the event of a non-simultaneous arrival. The married spouse is authorized to exercise a professional activity in France, which contributes to the attractiveness of the country for your foreign employees wishing to be accompanied by their families.

In certain situations, the family will be the basis for immigration procedures instead of work, and applications for “Conjoint de Français” or “Membre de famille UE” titles may be considered. Each has its own conditions (for example, the EU family member does not have to be legally married to claim the status), it is important to inquire about the nationality of all the people wishing to accompany the employee in France. upon confirmation of their mission.

By entrusting these questions to 22.55, you guarantee yourself the most favorable status for your employee and for your company.

The prior declaration of posting is a requirement of labor law, independent of the nationality of the employee, which applies to any French company wishing to temporarily host an employee with a foreign employment contract. It stems from European regulations aimed at limiting the social dumping that the free movement of workers can generate in the Community area.

This declaration must imperatively be made before the start of the assignment on the dedicated SIPSI platform, for any employee that you receive on your French sites without concluding a local employment contract with them (in intra-group or non-group mobility).

In terms of immigration, when the said employee is a third-party national but employed in an EU company, it is not necessary to obtain a work permit, as this would constitute an obstacle to the free movement of services between EU companies. However, if the stay in France exceeds 90 days, it is imperative for them to apply for a residence permit from the French authorities, because their European permit does not allow them to settle freely in France for more than 90 days. This is the so-called “Van der Elst” procedure, named after community case law, because these obligations are common to all European countries that have adopted this regulation.

Only a few of the possible situations could be evoked here, and each of the movements must be studied in a particular way and in depth.