Intra-corporate transferees (ICT) : seconded employees
Date of update
Working for a period of more than 3 months within the French subsidiary of a company based abroad
To settle in France for a period of more, citizens of a Third State to the European Union, the European Economic Area or Switzerland should apply for a long-stay visa. Specific requirements apply to Algerian citizens.
Intra-company transfer is a frequent choice in a group of companies, and the “Talent – Employees on assignment” and “ICT seconded employee” residence permits facilitate the procedures around it.
The Talent residence permit for “Employees on assignment” (“Talent – salarié en mission”) is available to foreigners hired under a French employment contract by the French company during an intra- transfer. When the employment contract with the original employer remains in effect, the employee is considered as a seconded employee.
When employees are seconded to France under an intra-company transfer, they can obtain a multi-year “Intra- corporate transfer seconded employee” residence permit (“Salarié détaché ICT”). Applicants whose assignment is for less than one year are issued with a VLS-TS marked “Intra-company transfer”.
Helpful tip : Seconded employees are not meant to remain in France. The “ICT seconded employee” is authorised to stay in France for a non-renewable period of 3 years. At the end of the 3 years under this status, ICT seconded employees should either return to their country of origin or request a change of status to another residence permit.
Conditions of eligibility
Seconded employee ICT (“Salarié détaché ICT”)
Foreign workers may apply for a “ICT seconded employee” residence permit if they can provide evidence of:
- At least six months’ seniorityin the group to which the company employing them belongs.
- An employment contract with the home company sending them to work as a senior manager or expert in France.
- That their home company and the host company belong to the same group.
- Gross annual salary at least equivalent to legal and conventional minimums.
No employment contract is entered into with the host company in France. If an employment contract is concluded with the subsidiary in France, refer to our fact sheet about the “Talent for Employees on Assignment”.
Seconded employee Mobile ICT (“Salarié détaché mobile ICT”)
Holders of an “ICT seconded employee” residence permit issued by another Member State may stay and work in France, for a maximum of three years provided that they have sufficient resources. The concerned person must apply for a “mobile ICT seconded employees” residence permit.
The employee posted to France must provide evidence of:
- A “ICT seconded employee” residence permit granted by another EU state.
- An employment contract amendment concluded with his employer specifying the mission in France and the conditions of remuneration.
- the home company and the host company belong to the same group
For a mission of less than 90 days, the employer notifies the prefect of the department of the host establishment .
The multi-year “Intra-corporate transfer” residence permit (Salarié détaché ICT or Salarié détaché mobile ICT) is also valid as a work permit.
Holders may undertake the paid employment for which the residence permit was issued.
Helpful tip: Any employer located outside France planning to post an employee on French soil must submit a prior declaration of posting, before the start of the mission to the Labour Inspectorate of the place where the mission is performed.
This declaration must be made through the dedicated teleservice, the SIPSI (also available in German, English, Spanish and Italian).
Prior declaration of posting
Source: Travail-emploi.gouv.fr
Length of stay
Duration identical to that of the assignment, not to exceed 3 years (non-renewable).
Helpful tip: the duration of any stays undertaken by the employee with a long-stay visa or VLS-TS is deducted from the maximum duration of three years.
If the planned length of stay is less than a year, foreign employees will obtain a long-stay visa equivalent to a residence permit (‘VLS-TS’) marked “Seconded employee ICT”.
Procedure
Steps
Applying for a long stay visa
The procedure should be initiated no earlier than three months before the date of arrival in France at the French consular authorities in the usual place of residence.
The application for a long-stay visa for “Seconded employee ICT ” is initiated on the official France-visas website.
Find the appropriate diplomatic or consular authority
Applying for a residence permit
Upon arrival in France, the seconded employee will be entitled to work immediately with this visa.
Once in France, employees are granted their residence permit by the Prefecture of their place of residence, upon presentation of their long-stay visa and other supporting documents, previously provided to the Consulate.
Foreign nationals must contact the Prefecture of their place of residence immediately upon arrival, to find out how to apply for their “Seconded employee ICT ” residence permit.
Required documents
Applicants can obtain a list of required documents from the authority responsible for handling the application (France-Visas or prefecture website).
As an indication, we provide a list of documents that must be submitted with an application for an ‘”ICT seconded employee” residence permit.
Helpful tip: An « ICT seconded employee » may also be seconded for social security purposes if the country of usual affiliation has a social security agreement with France. In this case, the employer must request a social security secondment certificate from the social security body in the country of employment before applying for a long-stay visa.
Procedure
Cost
Applicants must pay a tax of €200 when the long-stay equivalent to resident permit (VLS-TS) is a validated online. This tax, stamp duty of €25 is also charged on residence permits. The payment of the Tax and the stamp can be submitted online.
Extending the stay
Renewal
The total length of stay in France may not exceed three years (including visa, initial application and renewal). This residence permit cannot be renewed.
However, if the assignment is extended during this three-year period, the renewal application must be submitted in the two months before the residence permit expires.
Applicants must produce documents showing that they continue to meet the conditions of issuance of their permit.
Applications should be made to the Préfecture in the applicant’s place of residence in France.
Administrative cost: €225
New mission of secondment
After the expiry date of the ICT residence permit and after spending a six-months period of residence outside the EU, a new “Intra-company transfer” visa application may be made online using the official website France-visas in the event of a new temporary intra-corporate transfer.
Change of status
In the event of a change in professional situation, holders of a residence permit may apply to the Prefecture two months before expiry of the said permit for a change in status. They will need to fulfil the eligibility conditions for the new residence permit requested.
For more information about residence permits available to foreign talent recruited by French companies, refer to our section dedicated to this topic.
Accompanying Family
The spouse and dependent children of the holder of an Intra-corporate transfer residence permit, “ICT seconded employee” or “Mobile ICT seconded employee” have accompanying family status.
The spouse should apply and will be issued with an “Intra-company transfer – Family“ residence permit (Salarié détaché ICT – Famille or Salarié détaché mobile ICT – Famille). This permit authorizes the family to stay and undertake any paid employment in France as long as the foreign employee’s residence permit is valid.
Administrative cost: €225 for the spouse’s residence permit and €99 per visa issued to each member of the accompanying family.