Intra-corporate transferees (ICT) : seconded employees
Date of update
Do you want to work for a period of more than 3 months within the French subsidiary of your company based abroad?
You must apply for a residence permit if you are a national of a non-Member State of the European Union, the European Economic Area or Switzerland.
British citizens must now also apply for a residence permit as provided below for any arrival after January 1, 2021. Specific requirements apply to Algerian citizens.
Intra-company transfer is a frequent choice in a group of companies, and the “Talent Passport” and “ICT seconded employee” residence permits facilitate the procedures around it.
To wit, the Talent passport residence permit for “Employees on assignment” is available to foreigners hired under a French employment contract by the French company at which the assignment is to be carried out, belonging to the Group of the company that employed them abroad. When the contract with the original employer remains in effect, the employee is considered a seconded employee.
Where employees are sent to France under an intra-company transfer, they can obtain a multi-year “Intra-company transfer” residence permit (“Salarié détaché ICT”). Applicants whose assignment is for less than one year are issued with a VLS-TS marked ‘Intra-company transfer’.
Seconded employees are by definition not meant to remain in France. At the end of their 3 years under seconded ICT employee, they must either return to their country of origin, their assignment having come to a close, or request a change of status to another residence permit enabling them to exercise a salaried activity in France.
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
Eligibility
ICT seconded employee (“Salarié détaché ICT”)
In order to apply for the “ICT seconded employee” residence permit, specifically designed for employees on intra-company transfer whose contract remains in effect with their company of origin, employees living outside the EU and posted by an employer established outside the EU must provide evidence of the following:
- At least six months’ seniority in 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.
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 Passport for Employees on Assignment”.
Mobile ICT seconded employee (“Salarié détaché mobile ICT”)
Holders of an “ICT seconded employee” card issued by another Member State may stay and work in France, for a maximum of three years and provided that they have sufficient resources. The card is issued to “mobile ICT seconded employees”. The employee posted to France by an employer established outside the EU after a first posting to another Member State must justify:
- A residence permit “ICT seconded employee” granted by another EU state.
- An employment contract amendment concluded with his employer specifying the mission in France and the conditions of remuneration.
- That their 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 (CERFA 15618*01).
The multi-year ‘Intra-company 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.
Authorised length of stay
Duration identical to that of the assignment at the Group’s French entity, 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 can apply for a long-stay visa equivalent to a residence permit (‘VLS-TS’) marked “Intra-company transfer”.
Procedure
Where to apply
Since posted employees live outside France, they should apply to the French consular authorities in their usual place of residence.
The application for a long-stay visa for “ICT seconded employees” authorising entry into French territory for the foreign employee is initiated on the official France-visas website. Read on to find out all the details.
France-Visas is the official site for visa applications for France.
Upon arrival in France, you 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 “ICT seconded employee” residence permit.
When should I begin the procedure?
The procedure should be initiated no earlier than three months before the date of arrival in France.
Documents required
Applicants can obtain a list of exactly which documents are required from the authority responsible for handling the application, via its website or on France-Visas.
As an indication, you can download a list of documents that must be submitted with an application for an ‘Intra-company transfer’ residence permit for a posted employee.
Cost of the residence permit
Applicants must pay a tax of €200 to the French Immigration and Citizenship Office (Office français de l’immigration et de l’intégration – OFII) when the permit is issued. In addition to this tax, stamp duty of €25 is also charged on residence permits.
In addition to this administrative cost of €225, the long-stay visa authorizing entry into France costs €99.
Prolonger son séjour
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. The total length of stay in France may not exceed three years.
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-company transfert.
Administrative cost: €225
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.
Is your family coming with you?
The spouse and dependent children of the holder of an Intra-company transfer permit 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.