TRANSFERRING EMPLOYEES FROM THE UK TO FRANCE

Short term assignments – Under 90 days during a 180 day period

• In most cases the employee would remain on their UK employment contract, payroll and UK social security (detachment)
• A work permit may be required, depending on the employees role – the application for the work permit is filed on line and the processing time frame to receive the authorization is estimated at 2-8 weeks on an average
• If the employee is considered to be an expert as described here then a work permit would not be required :

Audit and expertise assignments in IT, management, finance, insurance, architecture and engineering when seconded under the provisions of Article L. 1262-1 of the Labour Code,

Article L. 1262-1 An employer established outside France may temporarily post employees to the national territory, provided that an employment contract exists between the employer and the employee and that their employment relationship continues during the period of posting

 

• A visa is not required for short term assignments but the employer needs to verify if the employee has been travelling in the last 6 months to any of the Schengen states, the number of days remaining on the 90 days, here is a link for that : https://ec.europa.eu/assets/home/visa-calculator/calculator.htm?lang=enyou one just need to remember that of course this must include all visits to any of the Schengen countries.

The requirement for short term detachments, other than the work authorization if required, is

• to file the posted worker declaration, SIPSI filing. This will automatically inform the French administration that an employee is coming on detachment for an assignment to France, providing all of the information and also designating a person in France who will be the “legal representative” for the assignment, maintaining documents if required in France and coordinating communications if needed between the French labour inspection and the UK employer.
• French labour law rules will apply – working hours, level of salary, days off.
• The employer is also financially responsible for the employee’s housing, meals, and travel during the detachment (that are either on a per diem, or reimburse or paid directly by the employer)
• The UK employer does need to apply for the S1 form
• There must be in place a signed service agreement between the UK employer and if applicable the client site or company where the onsite services are being provided
• It is recommended that the UK employer provides the employee with an assignment letter giving all of the details of the assignment (place of work, length of the assignment, working hours, reporting line that remains in the UK, confirmation that the employee remains on the UK employment contract etc., mentioning how the housing, meals and transport will be financially borne by the employer)
• Intra-group transfers are also possible again they may require a work permit

Long Duration Missions – More than 90 days in a 180 day period

There are several categories of professional visas/permits, of which the following are some examples:

Temporary secondment (service provider)

Under this status, the individual comes to France to provide services, which are temporary and part of a service contract. Depending on the status of the individual, if they are an employee, they remain under employment/salary contract in their country of origin and if they are self-employed, they continue to charge for their services in their country of origin.

Terms :

• There must be a signed service contract with the customer in France.
• Must demonstrate experience and knowledge in the field in which the company specializes.
• Demonstrate that the minimum income will be higher than the French minimum wage (as of May 1, 2022: €19,19,745.76 gross annual salary for a 35-hour week), and in accordance with the collective agreement for the employee’s position.
• Must have social security coverage either in the country of origin, from the United Kingdom it is possible for the employee to remain on the British SS or to be registered with French social security.

Benefits :

• Gives authorization to work in France on a given project (under a service contract); After the first year of residence, can request an extension (the maximum duration of the secondment is 3 years)

Disadvantages:

• Cannot change employer or work project during the validity of the visa/permit without a new authorization. There is no companion family permit category – spouses can only apply for long-stay visitor visas (unless filed in a separate category) which do not allow the spouse to work; The processing time can be 2 to 3 months because the work permit must be issued before submitting the visa application to the French consulate.

Entrepreneur Visa – (Liberal Profession)

Under this status, the individual typically sets up a “micro-enterprise” (individual business registration) to offer their services, usually as an outside consultant.

Terms :

• You must present a viable business project.
• The project must have more than one major client (otherwise the prefecture/consulate will consider that the requirements of French labor law are met and that the only client in France must “hire” the person)
• Must demonstrate experience and knowledge in the field in which the company specializes.
• Must demonstrate that the minimum income will be higher than the French minimum wage (as of May 1, 2022, this is: €19,745.76 gross annual salary for a 35-hour working week).

Benefits :

• Allows you to obtain authorization to work independently in France;
• After the first one-year residence permit, possibility of obtaining a 4-year permit upon renewal if the Prefecture finds that the project is financially successful (over €20-30,000 per year).
• Possibility of possibly requesting a 10-year residence permit or French nationality.

Disadvantages:

• The Entrepreneur/Liberal Profession visa is a highly discretionary application insofar as the Consulate and the Prefecture may interpret the application file in different ways. The business plan is the key and must clearly show that the activity is financially viable (again above the French minimum wage, as of May 1, 2022, i.e.: €19,745.76 gross annual salary for a week of 35 hours).
• The first step to obtain the initial authorization on the project can take from 4 to 12 weeks, followed then by the treatment with the consulate which delay is estimated at 3-5 weeks;
• There is no companion family permit category – spouses can only apply for long-stay visitor visas (unless filed in a separate category) which do not allow the spouse to work;
• The work carried out in France can only be work associated with the commercial activity of the entrepreneur (it cannot be work carried out as an employee for a third party).

Talent Passport – Visa European Blue Card – European Blue Card

This permit is intended for a French company that hires a highly qualified person.

Terms :

• The candidate must have obtained an employment contract with a French company for a period of at least 12 months, fixed-term contract CDD or open-ended contract CDI;
• Minimum gross annual salary: €53,836.50. However, the salary must also correspond to the collective agreement of the French company for the position and the experience of the employee; the greater of the two amounts applies.
• You must hold a bac+3 level diploma or have 5 years of relevant professional experience.

 

Benefits :

• The spouse and minor children can apply for the Talent Passport family visa.
• Spouses are allowed to work
• The duration of this category of license is generally 4 years and is renewable.
• The employee can work on the site of a customer under certain conditions
• After 5 years of residence in France, the person can apply for naturalization to obtain French nationality and/or the 10-year permit.
• The processing time, between the date of submission of the file to the French consulate and the issuance of the visa, is estimated at 3-5 weeks.
• The company does not have to justify a search for candidates on the market.

 

Disadvantages:

• The employee cannot work independently as an auto-entrepreneur (independent contractor).

 

Employee Talent Passport on Mission (Talent Passport Employee on Mission) for intra-group transfers

This status is intended for an employee who is transferred from the employer in the country of origin to the affiliated company in France. It includes the transfer of the candidate to a local French employment contract, payroll and French social security.

Terms :

• The employee is transferred as part of an intra-company transfer to the affiliated company in France.
• The employee has at least 3 months of employment within the group before submitting the request
• The employee benefits from a French employment contract
• The gross annual salary is a minimum of €35,544.60, but it must also correspond to the collective agreement of the French entity for the position and the years of experience of the employee, whichever is higher.

 

Benefits :

• Spouse and minor children can apply for the Talent Passport family visa
• Spouses are allowed to work
• The duration of this category of license is generally 4 years and is renewable.
• The employee can work on the site of a customer under certain conditions
• After 5 years of residence in France, the person can apply for naturalization to obtain French nationality.
• The processing time, between the date of submission of the file to the French consulate and the issuance of the visa, is estimated at 3-5 weeks.

 

Disadvantages:

• In the event of termination of the employment contract, the employee cannot benefit from the French unemployment fund, although both the employer and the employee are required to contribute to this fund;
• It is not possible to apply for a 10-year permit;
• The applicant cannot change employers under this status, and if they wish to work for a new company in France, they must return to their country of origin and file a new application with the French consulate.

ICT Detachment for intra-group transfers in secondment/secondment

This status is intended for an employee who is transferred from the employer of the country of origin to France within the framework of a secondment/secondment. The employee remains under an employment contract from his country of origin. If there is a bilateral social security agreement, the employee can continue to benefit from their home country’s social security, otherwise French social security will be required – for the UK, the employee can continue to benefit from British social security.

Terms :

• The employee is transferred to France as part of a secondment/secondment.
• The employee has worked at least 6 months in the group before submitting the application.
• The employee remains under an employment contract in his country of origin
• The gross annual salary must be in accordance with the collective agreement of the French entity for the position and the years of experience of the employee.

 

Benefits :

• In this category, the spouse and minor children can apply for the ICT Family visa; spouses are allowed to work.
• The duration of this category of permit is generally 3 years and is not renewable;
• The processing time, between the date of submission of the application to the French consulate and the issuance of the visa, is estimated at 3-5 weeks.

Disadvantages:

• At the end of the mission, the employee (and his family, if applicable) must leave France;
• The maximum duration is 3 years;
• The employee cannot work at a customer site;
• The employee remains attached to the management of the country of origin;
• It is not possible to apply for a 10-year permit, nor French nationality;
• The applicant cannot change employers under this status, and if he wishes to work for a new company in France, he must return to his country of origin and submit a new application to the French consulate.

“Salaried” employee

This permit is intended for a French company that hires a third-country national.

Terms :

• Employment contract with the French company, fixed-term contract (CDD) or open-ended contract (CDI);
• Minimum wage: must respect the collective agreement of the French company for the position and the experience of the employee;
• Justification of a search for candidates on the market (unless the position is on the list of French administrations for a shortage of candidates).

https://www.legifrance.gouv.fr/jo_pdf.do?numJO=0&dateJO=20080120&numTexte=9&pageDebut=01048&pageFin=01052

Benefits :

• The initial VLS-TS long-term visa is for 12 months, or if you are in France and applying for this category, the initial permit will also be for one year. It is renewable; generally, during the first extension, the license is for 2 years and can be longer;
• The employee can work on a customer site under certain conditions;
• After 5 years of presence in France, the person can apply for naturalization to become a French citizen or the 10-year permit;
• The processing time, between the date of submission of the application to the employment agency and the issuance of the visa by the French consulate, is estimated at 10-12 weeks; if the application is filed directly in France at the prefecture, it generally takes a minimum of 8 weeks to receive the approval of the Ministry of Labor – DREET.

Disadvantages:

• The company must carry out a search for candidates on the market (unless the position is on the list of French administrations for a shortage of candidates;

 

https://www.legifrance.gouv.fr/jo_pdf.do?numJO=0&dateJO=20080120&numTexte=9&pageDebut=01048&pageFin=01052 The employee cannot change employer during the first 2 years.