France Work Permit For Seconded Employees Outside Intra-Group Mobility

With the world’s fifth-largest economy (worth over 2.5 Trillion Euros), France is home to many of the world’s largest multinationals, including Airbus, L’Oreal, the PSA Group, Danone, BNP Paribas, Ubisoft, Michelin, and Capgemini. Global organisations with interests in France rely heavily on the ability to send seconded employees from other countries to work for a period of time in a French company in the same group. Ultimately, all multinationals, regardless of their locations, need ease of global mobility in order to ensure that staff with the necessary skills, experience, and seniority can be seconded where they are needed. Here, we will explain the purpose of the Seconded Employees Outside Intra-Group Mobility (Salariés Détachés Hors Mobilité Intragroupe) immigration route for France, the eligibility rules, and how to apply.

What Is The ‘Seconded Employees Outside Intra-Group Mobility’ (Salariés Détachés Hors Mobilité Intragroupe) Route?

Ordinarily, an employee of a multi-national based in one country can be seconded to a branch or subsidiary of another country (e.g. France) through an Intra-Company Transfer (ICT) scheme. In some situations, however, the worker is not eligible for an ICT permit and must rely on another immigration route to be seconded. Under the French immigration system, this may happen if the applicant has not been with the ‘sending organisation’ for at least six months, or the nature of the intended undertaking may be assessed as not fitting the criteria for an ICT permit. The ICT permit requirements state that applicants must be exercising ‘senior functions’ or expertise in France. However, under the French immigration rules, it may be possible for seconded employees who are not eligible for an ICT visa to apply for a temporary work permit marked ‘Travailleurs Temporaires’ – this is referred to as secondment outside of intra-group mobility. If successful, a temporary work permit may be granted for up to one year.

Am I Eligible For A Travailleurs Temporaires Permit For A Secondment To France?

In order to be eligible for a Travailleurs Temporaires permit for the purposes of a secondment in France, applicants must:

Be a non-EEA/EU citizen
Be able to show they have a contract of employment with an employer based in another country (that organisation must have a company in France that is part of the same group of companies).
Have the skills, experience, and qualifications necessary for the secondment they have been offered
Have been granted a work permit by the French immigration authorities – to acquire a French work permit for secondment, the French branch of your employer will need to submit an application to the Regional Directorates for the Economy, Employment, Labor, and Solidarity (DREETS). Only once you have your work permit approved will you be able to apply for a visa and temporary residence permit.

Authorisation may not be required if your secondment is for the purposes of:

Conducting an audit, providing IT expertise, management, finance, insurance, architecture, and engineering;
A teaching activity, including as a guest professor.

How Do I Apply For A French Temporary Residence Permit For A Secondment?

Most temporary worker residence permit applicants will need to apply for a ‘VL-TS’, which will allow them to enter France for the stated purpose (i.e. secondment). A VL-TS provides the function of a visa and permits in a single document. Holding a VL-TS means, they will not need to apply for a separate residence permit in France.

For those outside of France, applicants can apply online or by visiting their nearest French consulate. It is recommended that applications be submitted three months before the intended date of arrival in the country.

What Happens When I Arrive In France?

On arrival in France, the VL-TS holder will then need to validate their VL-TS with the French Office for Immigration and Integration (OFII). The rules state, “Upon arrival after validation of their visa, and at the latest within three months of his entry into the territory, the visa holder must register with OFII. The long-stay visa is only valid as a residence permit if it has been validated by OFII. This process, as well as the payment of the tax on the residence permit and the stamp duty, is made online at: https://administration-etrange...”.

Which Documents Are Required To Support Employee VL-TS Application?

Several documents must be submitted to support an employee VL-TS, including:

The long-stay visa application form – this must be completed and signed
Receipt of fee payment
A valid passport issued for less than ten years and with remaining validity of three months after the expiry of the VL-TS
Proof of civil status and nationality:
- Passport (pages showing your civil status, validity dates, entry stamps, and visas);
- Birth certificate
- Spouse’s residence permit (or passport); marriage certificate,
- Birth certificate of children
Three recent identity photographs

How Much Does It Cost For A VL-TS For An Employee In France?

The following fees are payable for a VL-TS:

An administrative fee of €225 – this is made up of:
- Online validation fee for the VL-TS payable to OFII: € 200
- Stamp duty: € 25
Long-stay visa fee: €99.

Can I Extend My Stay In France?

In many cases, the project or assignment linked to the secondment may take longer than anticipated, in which case a residence permit extension will be needed. As long as you are still employed by your overseas employer, and they still have interests in France (i.e. a company in the same group), it should be possible to renew your residence permit in France.

In Conclusion

If you are eligible to extend your residence, an application must be submitted within two months of the expiry of your current VL-TS at your local immigration office in France. In order to be granted a renewal, you will need to provide proof that you still meet the requirements for an employee residence permit.

If you are unsure if you are eligible to extend your temporary worker residence permit in France, speak to an immigration lawyer who will be able to outline your available options based on your circumstances.