FRANCE - Immigration overhaul; Procedures under new immigration law clarified; delays expected
  • Paris ApartmentsAn immigration law that will overhaul visa categories, especially for high-skilled foreign nationals, took effect Nov. 1. The law appeared to be stalled, but a decree for enforcement was submitted Oct. 26 at the Council of Ministers. France then clarified procedures related to the aforementioned law.

    • Implementation time frame: Immediate and ongoing.
    • Visas/permits affected: All work and resident permits, including EU Blue Cards, Intracompany Transfer visas, Detaché (short-term and long-term) and the new Talent Passport category.
    • Who is affected: French companies sponsoring foreign employees, high-skilled non-EEA nationals and multinational companies posting intracompany transferees and trainees in France.
    • Impact on processing times: Employers and foreign nationals should anticipate delays for all categories requiring a visa due to the increased workload on French consulates.
    • Business impact: Employers should factor in processing delays and may need to rearrange business schedules and start dates for affected foreign employees.

    Background: The Law on Foreign Workers passed in May and an implementing decree was published in October. B·A·L has obtained the following additional details:

    • ICT (Secondment) applications will be submitted to the French embassy or consulate where the employee resides. Application forms and the list of required documents are expected to change. French consulates will announce these changes in forthcoming guidance; in the meantime, they are not accepting applications while they await guidance from the government.
    • EU ICT permits will be issued to individuals holding a work permit in another EEA country and transferring to France on a similar type of work permit. If they already hold a resident permit in another EEA country for more than 90 days, they may work in France short-term (up to 90 days) by submitting notification to the French prefecture before arrival. Individuals holding a resident permit in another EEA country for more than 90 days may transfer to France for longer than 90 days if they are managerial level and meet certain minimum tenure requirements, but they must apply for a Mobile ICT resident permit. (They may begin work upon arrival and for up to 90 days as long as they have the intention to apply for the Mobile ICT permit upon expiration of the 90 days.)
    • Passport Talent resident permits are for local hires only and encompass several categories, including EU Blue Cards and ICT local hires. Applications will be submitted directly to the appropriate French consulate, and the resident permit application will then be submitted in-country. EU Blue Card procedures will not change significantly. ICT local hires may work at a client site and procedures will be similar to EU Blue Card procedures.
    • Short-Term Detachés (less than 90 days) will be exempt from a work permit if the employee can demonstrate certain expertise (IT, management, engineering etc.). The government has not defined which activities fall under "expertise in IT." Visa-required foreign nationals applying under the work permit exemption would need a Schengen C Visa; foreign nationals who are visa-exempt would not need to apply for an entry visa. Employers will still be required to submit a secondment declaration. The duration is restricted to 90 days within a 180-day period.
    • Long-Term Detachés (Service Provider) application procedures will not change significantly. Applications will continue to be submitted in-country to the DIRECCTE and still require work permit authorization.

    Analysis: The law should simplify procedures by exempting certain high-skilled workers under the Talent Passport category and foreign workers on short

    -term assignments in designated industries. French consulates are not accepting applications under the Talent Passport category yet, as staff are awaiting guidance and training from the government. Foreign nationals who require a visa to France should plan for delays at French consulates. Additional guidance on consular processes is expected.
    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen or Jennifer Fisher

    About Berry Appleman & Leiden LLP
    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from sixteen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

    Source: Berry Appleman & Leiden LLP
    Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com

FRANCE - Immigration overhaul; Procedures under new immigration law clarified; delays expected
  • Paris ApartmentsAn immigration law that will overhaul visa categories, especially for high-skilled foreign nationals, took effect Nov. 1. The law appeared to be stalled, but a decree for enforcement was submitted Oct. 26 at the Council of Ministers. France then clarified procedures related to the aforementioned law.

    • Implementation time frame: Immediate and ongoing.
    • Visas/permits affected: All work and resident permits, including EU Blue Cards, Intracompany Transfer visas, Detaché (short-term and long-term) and the new Talent Passport category.
    • Who is affected: French companies sponsoring foreign employees, high-skilled non-EEA nationals and multinational companies posting intracompany transferees and trainees in France.
    • Impact on processing times: Employers and foreign nationals should anticipate delays for all categories requiring a visa due to the increased workload on French consulates.
    • Business impact: Employers should factor in processing delays and may need to rearrange business schedules and start dates for affected foreign employees.

    Background: The Law on Foreign Workers passed in May and an implementing decree was published in October. B·A·L has obtained the following additional details:

    • ICT (Secondment) applications will be submitted to the French embassy or consulate where the employee resides. Application forms and the list of required documents are expected to change. French consulates will announce these changes in forthcoming guidance; in the meantime, they are not accepting applications while they await guidance from the government.
    • EU ICT permits will be issued to individuals holding a work permit in another EEA country and transferring to France on a similar type of work permit. If they already hold a resident permit in another EEA country for more than 90 days, they may work in France short-term (up to 90 days) by submitting notification to the French prefecture before arrival. Individuals holding a resident permit in another EEA country for more than 90 days may transfer to France for longer than 90 days if they are managerial level and meet certain minimum tenure requirements, but they must apply for a Mobile ICT resident permit. (They may begin work upon arrival and for up to 90 days as long as they have the intention to apply for the Mobile ICT permit upon expiration of the 90 days.)
    • Passport Talent resident permits are for local hires only and encompass several categories, including EU Blue Cards and ICT local hires. Applications will be submitted directly to the appropriate French consulate, and the resident permit application will then be submitted in-country. EU Blue Card procedures will not change significantly. ICT local hires may work at a client site and procedures will be similar to EU Blue Card procedures.
    • Short-Term Detachés (less than 90 days) will be exempt from a work permit if the employee can demonstrate certain expertise (IT, management, engineering etc.). The government has not defined which activities fall under "expertise in IT." Visa-required foreign nationals applying under the work permit exemption would need a Schengen C Visa; foreign nationals who are visa-exempt would not need to apply for an entry visa. Employers will still be required to submit a secondment declaration. The duration is restricted to 90 days within a 180-day period.
    • Long-Term Detachés (Service Provider) application procedures will not change significantly. Applications will continue to be submitted in-country to the DIRECCTE and still require work permit authorization.

    Analysis: The law should simplify procedures by exempting certain high-skilled workers under the Talent Passport category and foreign workers on short

    -term assignments in designated industries. French consulates are not accepting applications under the Talent Passport category yet, as staff are awaiting guidance and training from the government. Foreign nationals who require a visa to France should plan for delays at French consulates. Additional guidance on consular processes is expected.
    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen or Jennifer Fisher

    About Berry Appleman & Leiden LLP
    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from sixteen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

    Source: Berry Appleman & Leiden LLP
    Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com