Assigned employees
Themes
Date of update
Employees who are not nationals of the EU, EEA or Switzerland , whose the employment contract has been maintained with the home employer during the assignement to France, are called assigned employees. They can be assigned for a temporary period within the framework of an intragroup transfer, a provision of services agreement or for the employer’s own account.
In the framework of an intragroup transfer, if they do not fil the conditions for obtaining the residence permit “intra corporate transfer ICT” they can perform an assignment for their employer in France and apply for the residence permit “Temporary worker” which allows to exercice a salaried activity . A work permit application will have to be requested in advance.
Algerian citizens benefit from a specific regime.
Employers established abroad can assign an employee in France within the 3 following cases :
- On behalf of the employer and under its management under a service provision contract.
- Between establishments of the same company or between companies of the same Group in the context of intra-Group mobility, whereby the employee does not meet the eligibility conditions for the ” intra corporate transfer ICT” residence permit.
- For the employer’s own account.
Conditions
To be eligible, the employee should justify that :
- He holds an employment contract with an employer based abroad.
- He obtained in advance a work permit which has been requested by the host company in France.
- He is assigned to France by the employer within the 3 cases detailed below.
Assigned employee under a service provision contract
A foreign company with no establishment in France can assign temporarily the employees on French territory to perform a provision of service under a service provision contract. The link of subordination is maintained with the employer established out of France.
Employee assigned within the group excluding corporate transferees ICT
A foreign company can assign temporarily the employees within a company of the group in France even if the conditions for obtaining the residence permit “intra corportate tranfer employee ICT” are not filed.
The employee must already be employed by the foreign company prior to being assigned.
Employee assigned on employer's own account
A foreign company can assign on its own account an employee on the French territory even if there is no beneficiary of a service rendered in France (Participation in a professional tradeshow…)
Helpful tip : The non-EU, EEA or Switzerland nationals who usually reside in a member state of the EU, EEA or Switzerland can be assigned to France without requesting a work authorization under certain conditions (residence permit in a member state of the EU, EEE or Switzerland, a payslip provided by the employer of the said member state, and a social security coverage of the employment country).
Formalities regarding the the prior posting worker declaration and the obtention of the certificate of coverage must be respected.
For a stay more than 3 months in France, a residence permit is required.
Prior Posting worker declaration
Source: Travail-emploi.gouv.fr
Helpful tip : Each employer established outside of France who assigns employees on French territory should submit a prior posting worker declaration in advance to the labor Inspectorate of the place where the service is rendered. This déclaration must be submitted on the dedicated service on line SIPSI (also available in German, English, Spanish and Italian).
The assignment for the own account of the employer is exempt from the prior posting worker declaration.
Authorized length of stay
Duration identical to that of the assignment, within the limit of 12 months, renewable under conditions.
Procedure
Applicants residing outside France may go to the French diplomatic consular authorities, or services provider (VFS Global, TLS, etc.) of their place of residence to apply for a long stay visa up to 3 months prior to the anticipated date of arrival in France.
Steps
Step 1 : The employer should initiate a prior posting worker declaration to the labor Inspector via the dedicated platform
Step 2 : The assigned employee should obtain a work authorization prior to the visa application. The work authorization application is submitted on line by the host company in France at least 3 months before the anticipated date of starting work.
Step 3 : The French diplomatic consular authorities of the place of residence abroad are competent to deliver the “Temporary worker” long-stay visa equivalent to a residence permit (Visa de long séjour valant titre de séjour – VLS-TS).
The VLS-TS is valid 12 months and authorizes the holder to exercice a salaried profesional activity upon the arrival in France.
More information on France-visas
Step 4 : Once in France, the employee should validate on line the VLS-TS via the dedicated platform . No residence permit is to be requested from the local Préfecture during the first year of residence.
The foreign applicant is then invited to the medical exam and, or welcome visit.
Requested documents
Applicants can obtain a list of exact required documents for a residence permit application from the authority responsible for handling the application, either in person or via its website.
For information, hereafter the list of required documents that must be submitted with an application for a residence permit “Temporary worker”.
Liste des documents justificatifs
Cost
Applicants must pay a tax of €200 when the long-stay visa equivalent to resident permit (VLS-TS) is validated online.
This administrative cost of €200 is different from the cost of the long-stay visa authorizing entry into France i.e €99.
For the renewal of the residence permit, the assigned employee will have to apply for a residence permit “Temporary worker” . He will have to pay a stamp of a €200 and a tax stamp duty of €25.
In case of no bilateral social security agreement between France and the country where is established the employer, the affiliation to the French mandatory system is necessary for the assigned employees. The employer must pay social contributions to finance the social coverage with the l’URSSAF du Bas-Rhin in the event there is no establishment in France or with the URSSAF of the place of the entreprise established in France.
More information on our fact sheet « Social Protection».
Extension of the stay
Renewal
Renewal applications must be made 4 to 2 months before the expiry date of the long stay visa equivalent to a residence permit or the residence permit, to the prefecture of the place of residence in France.
Applicants must provide documents showing that they continue to meet the conditions of issuance of their residence permit.
The residence permit “temporary worker” is renewed for an identical duration of the remaining term of the assignment or to the length of the extension of the assignment.
Coût administratif : 225 €
Change of status
In the event of a change in the holder’s professional circumstances, a change of status may be considered at the Prefecture between 4 and 2 months before the expiry date of the residence permit. It will be necessary to meet the eligibility conditions of issuance for the new residence permit requested.
Accompanying Family
Families accompanying holders of “Temporary workers” residence permit are not eligible for the fast-track procedure, but can apply for a residence permit independent of that of the primary applicant (visitor status, employee status if the person in question has found a job in France for example).
Otherwise, families may apply for residency in France under family reunification terms. Family reunification terms apply when foreign nationals having resided in the country legally for at least 18 months wish to have their spouse and children join them.
For more information on the family reunification procedure: service-public.fr.