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.
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.
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.
In order to be eligible for a Travailleurs Temporaires permit for the purposes of a secondment in France, applicants must:
Authorisation may not be required if your secondment is for the purposes of:
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.
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...”.
Several documents must be submitted to support an employee VL-TS, including:
The following fees are payable for a VL-TS:
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.
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.
