France: New Immigration Law and Talent Passport.
On March 8, 2016, the next edition of the immigration law was published in France, aimed at improving the existing rules & categories of residence permit applicants, and presenting new opportunities, namely the concept of “Talent Passport”.
This edition provides for the following changes:
- Some groups of foreign citizens can obtain a residence permit for several years if they are assigned to the category that complies with the requirements of the “Talent Passport” regulation and the new immigration categories under the provisions on the transfer of employees between companies (ICT).
- Some categories of immigrants may become holders of a residence permit without first obtaining a work permit.
- A former mandatory work permit for short-term business trips for a period of up to three months will not be required in the future (for certain types of activities).
- The maximum trip period for the ICT will be limited to three years, provided that the employee does not have a local contract with a company registered in France.
- For most categories of immigrants, new rules are introduced for obtaining a residence permit for several years, available after the expiration of the residence permit issued for one year, provided that the applicant shows a desire to integrate into the system of French culture and values.
A new Talent Passport will be issued for four years for the following categories of foreign citizens:
- highly qualified specialists
- persons transferred from company to company within the framework of ICT (if there is a local contract),
- investors
- authorized representatives of foreign companies,
- researchers
- art workers.
For highly qualified specialists and persons transferred under the ICT (with a local contract), the need to obtain a work permit is canceled. Spouses and dependent children accompanying the “specialists” will also receive a residence permit for the same period as the “Talent Passport” and the right to work in France.
A new residence permit category for ICT is aimed at implementing EU directives and applies to:
- on business trips (salarie detache ICT) - applicable for employees transferred from companies outside the EEA to companies of the same group, but registered in France. The maximum validity of the residence permit may be three years. This permission allows the owner of a residence permit to work in any company of the same group, but in the territory of another EU country and on the same grounds as in France. However, a local contract with a French company is not concluded.
- ICT training (stagiaire ICT) - applicable for employees transferred for training purposes from companies outside the EEA to companies of the same group, but registered in France. This permission allows a seconded employee to undergo training at any of the companies of the same group, but registered in the territory of another EU country and on the same grounds as in France for one year.
The mentioned conditions do not apply to ICT, carried out on the basis of contracts with local French companies. Family members of residence permit holders also receive a residence permit for a similar period and are entitled to work in France.
