France Immigration: ICT Salarié Detaché (EU Directive 2014/66)
By Amar Ali, Immigration Solicitor
France is becoming increasingly in vogue as a place to do business. As a politically stable country which is keen to play its part in the growth of the European Union, it is easy to see why so many new businesses are keen to invest in France, and existing businesses are keen to expand. The French Government understands that in order to foster economic growth, it needs to make life easy for foreigners who have business interests in the country. It also needs to make it possible for multi-national organisations to move skilled staff around to undertake projects and concentrate resources with ease where and when needed. This is the reason for the ICT Salarié Detaché permit. In this article, we will explain the purpose of the French ICT Salarié Detaché permit, who is eligible, the benefits, and how to apply.
What is the ICT Salarié Detaché Permit?
ICT stands for ‘Internal Corporate Transferee’, and ‘Salarié Detaché’ translates as ‘seconded employee’. Putting these together, the ICT Salarié Detaché permit allows employees of foreign businesses from outside of the EU to relocate to a branch in France for the purposes of a secondment. As the French Administration office states:
“If you are a foreigner and come to France (as an executive or expert) for a mission in a company of the group that employs you, you can apply for an ICT seconded employee residence permit”.
How long is the ICT Salarié Detaché Permit Valid For?
The permit is typically valid for up to three years. For those who plan to spend less time in France working for their employer (for between three months and one year), it is only necessary to have a VL-TS stating ‘ICT seconded worker’. VL-TS stands for ‘visa de long séjour valant titre de séjour’ and means ‘long-stay visa equivalent to a residence permit’ in English. With a TL-TS visa, the holder does not need to apply for a residence permit for the first year of their residence in France.
At the end of their three-year stay in France, seconded ICT employees are required to return to their country of origin, or apply for a change of permit. In other words, the ICT Salarié Detaché cannot be renewed. It is important to note that while the period of validity for an ICT Salarié Detaché permit is three years, any time already spent in France on a long-stay visa or a VLS-TS will reduce this time. For applicants who have already spent one year in France on a long-stay visa working for their overseas employer, the maximum duration of the ICT Salarié Detaché permit will be reduced to two years.
Am I Eligible for an ICT Salarié Detaché?
In order to apply for an ICT Salarié Detaché, you must be from outside of France, the EU, the European Economic Area, Switzerland, and Algeria, and plan to work for your employer in France for over one year. In your application, you will need to show that:
- you are in a senior management role with your employer, or in a position which provides specific expertise
- you have an employment contract with the company that employs you abroad
- you have been employed by the business for which you are applying for an ICT visa to work in France for at least six months
- the French company and the overseas company must be part of the same group/organisation – as such, there is no need for the ICT permit applicant to have an employment contract for the French branch or division of the organisation.
Can I Bring my Family Members if I am Working in France on an ICT Salarié Detaché?
Yes, under the accompanying family procedure, you can bring your married partner and dependant children under the age of 18 with you to France as an ICT Salarié Detaché permit holder. For your family members to join you in France, they will first need to apply for and acquire a long-stay visa from their local French consulate (in the country where they are residing). Under the accompanying family procedure, if you are not yet married, but you both plan to get married once you are residing in France, your partner will still be able to join you.
In order to secure a long-stay residence permit in your local prefecture, your family members will need to provide:
- Your residence permit
- Their long-stay visa
- Their passport
- Marriage certificate or birth certificate with ‘filiation’
- Proof of address dated less than three months
- Three photos
- Proof of payment of tax and stamp duty
How Do I Apply for an ICT Salarié Detaché Permit?
Assuming that you are already in France on a long-stay visa, you will need to apply for your ICT Salarié Detaché permit in your local prefecture. The French government guidance states that as an ICT Salarié Detaché permit applicant, you “must submit your card application within two months of the expiration date of your visa (or residence permit) at the prefecture (or sub-prefecture) of your domicile”. You will need to supply the following documents as part of your application:
- Cerfa form n ° 15619 * 01 completed
- Your long-stay visa
- Your passport
- Birth certificate (full copy or extract with ‘filiation’)
- If you are married: extract of marriage certificate
- If you have children: extracts of the birth certificate of your children with filiation
- Proof of address dated less than three months
- Three photos
- Employment contract in force concluded with the company which employs you outside France or any equivalent document in the law in force locally
- Proof of resources greater than or equal to €1,539.42 gross per month
- Proof that the company that employs you and the one in which your assignment is carried out belong to the same group of companies
- Diplomas corresponding to the functions of an executive or expert
- Proof of payment of tax and stamp duty (requested when handing over the card)
The cost of the permit is €225.
Final words
The process of applying for an ICT Salarié Detaché permit is relatively simple and painless, assuming that you meet all of the eligibility criteria. If you have any concerns that the ICT Salarié Detaché permit may not be correct for your needs, or if you know you plan to stay in France for more than three years, it is recommended that you engage the services of an immigration lawyer who will be able to advise your of your options based on your background and plans.
