In brief
  • The Monitoring Committee meetings for the various bilateral agreements signed by France (Mauritius, Congo, Balkans) are soon to be held.
  • Notification by the French authorities of the extension of the transitional period for workers from Romania and Bulgaria until 31 December 2013
Seconded employees (except intra-group mobility)
Last updated
January 19 2012

The provision is for foreign nationals employed by foreign companies with no establishment in France, who provide a temporary service in France for a company in France on behalf of and under the authority of their company (this does not apply to intra-group mobility).

Beneficiaries

Foreign nationals of third countries.
Algerian nationals governed by the Franco-Algerian agreement dated December 27, 1968.

 

Categories not affected

Nationals of the European Union or of other member States of the EEAEuropean Economic Area (Iceland, Liechtenstein, Norway).
Nationals of the Swiss Confederation.

Employees seconded by a Community company: that is to say by an employer established within the territory of a Member State of the European Union, the Swiss Confederation, or a State party to the agreement on the EEAEuropean Economic Area.

This latter category benefits from a waiver of the requirement for a work permit that applies both to seconded employees that are nationals of European Union Countries during the period of validity of the transitional measures and to nationals of Third Countries, provided that they meet certain criteria, such as being a regular employee of the community company that is seconding them, holding a valid residence permit from this EUEuropean Union country, and enter with the same occupation as that held in the other EUEuropean Union Country.

 

Conditions for issue

  • The employment situation is applicable. The company must provide evidence of its failed search for an applicant on the labour market in France (attestation from the Employment Hub for example).
  • The seconded employee will remain as an employee for the duration of the secondment in France, which implies the maintenance of a subordinate relationship during this period with his or her employer established abroad. The seconded employee is not an employee of a French company, however his or her salary must be equivalent to that of a French employee for the same occupation.

 

Exception(s)

Employees on assignment as part of intra-group movements may not benefit from the procedure for seconded employees - excluding intra-group mobility (see the sheet on Employees on assignment).

Conditions for issue

Families may solicit, without guarantee of acceptance, the issuance of a VLS-TSLong Stay Visa equivalent to a Residence Permit for "visitors" from the Consulate of their place of residence (see the sheet on the VLS-TS).
Subject to certain conditions, managers may benefit from the accompanying family procedure (see the sheet on Executives and high level managers).

Permit issued to the worker

  • Long Stay Visa equivalent to a Residence Permit (VLS-TSLong Stay Visa equivalent to a Residence Permit) for "temporary workers" for employment contracts with a duration longer than 3 months and less than 12 months (See the sheet on the VLS-TS). Dispenses with the CAIReception and integration contract for temporary workers.
  • Temporary Residence Permit for "temporary workers" upon renewal.
  • Temporary work permit, with a maximum duration of 12 months, renewable.

 

Permit issued to the family

Depending upon the case:

  • VLS-TSLong Stay Visa equivalent to a Residence Permit for "visitors" for the first year (see the sheet on the VLS-TS). This visa does not give authorisation to work. Dispenses with the CAIReception and integration contract. Temporary Residence Permit for "visitors" upon renewal.

  • as part of the accompanying family provision: VLS-TSLong Stay Visa equivalent to a Residence Permit for "visitors" or temporary residence permit for "family and partners" the first year . Dispenses with the CAIReception and integration contract. To find out more, see the Family Arrival page.

Procedure to follow

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  • First issue

    Application elements

    • letter explaining the assignment or recruitment of the worker and describing the functions that he or she will carry out,
    • CERFA form no. 13647*02 and its appendixes corresponding to this situation,
    • copy of the worker's passport or national identification document if the worker resides abroad,
    • worker's curriculum vitae or any other proof of his or her qualifications and experience; where applicable, a copy of the degree or certificate allowing the exercise of the paid activity; where the exercise of the activity is subject to special regulatory conditions, evidence that these conditions have been met,
    • certificate of secondment or declaration on honour of the application for registry with French social security,
    • where applicable, declaration on honour of the application for registry with the paid annual leave fund,
    • where applicable, a letter authorising a person established in France to complete the administrative procedures on his or her behalf,
    • for services, evidence of the total price to be paid by the recipient of the services,
    • if the employment situation is applicable, evidence of searches carried out to recruit an applicant already present on the labour market,
    • for artistic services, evidence of compliance with article 4 of order no. 45-2339 dated October 13, 1945, modified, related to performances.

    Potential additional documents

    Applications for family members must be submitted under the "accompanying family" procedure directly to the competent DIRECCTERegional directorate for companies, competition, consumption, work and employment at the same time as the seconded worker's application.

    Application submission

     DIRECCTERegional directorate for companies, competition, consumption, work and employment for the place of employment (in practice submitted by the host company in France).

    Application evaluation

    The geographically competent DIRECCTERegional directorate for companies, competition, consumption, work and employment will evaluate the application. If it is accepted, the application will be sent to the OFIIFrench Office of Immigration and Integration (DTRegional Office or REForeign office) which will electronically transfer it to the Consulate of France for issuance of the VLS-TSLong Stay Visa equivalent to a Residence Permit for "temporary workers" (see the sheet on the VLS-TS).
    Upon arrival in France, employees may work as long as they are in possession of their VLS-TSLong Stay Visa equivalent to a Residence Permit and signed employment contract.

    Medical examination

    The required medical examination, if it did not already take place in the country of origin (Cameroon, Mali, Morocco, Senegal, Tunisia and Turkey), will be scheduled by the OFIIFrench Office of Immigration and Integration, by appointment, within 3 months following the arrival of the worker in France. The DTRegional Office of the OFIIFrench Office of Immigration and Integration will then attest, in the interested party's passport, to the accomplishment of the formalities required for the long stay visa to allow the stay in France (see the sheet on the VLS-TS).

    Issuance of the residence permit

    Consulate for a VLS-TSLong Stay Visa equivalent to a Residence Permit.
    Prefecture for renewal.

     

  • Renewal

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    Application elements

    • letter explaining the assignment or recruitment of the worker and describing the functions that he or she will carry out,
    • CERFACentre for the Registration and Revision of Administrative Forms form corresponding to this situation,
    • copy of the worker's passport or national identification document if the worker resides abroad,
    • worker's curriculum vitae or any other proof of his or her qualifications and experience; where applicable, a copy of the degree or certificate allowing the exercise of the paid activity; where the exercise of the activity is subject to special regulatory conditions, evidence that these conditions have been met,
    • certificate of secondment or declaration on honour of the application for registry with French social security,
    • where applicable, declaration on honour of the application for registry with the paid annual leave fund,
    • where applicable, a letter authorising a person established in France to complete the administrative procedures on his or her behalf,
    • for services, evidence of the total price to be paid by the recipient of the services,
    • if the employment situation is applicable, evidence of searches carried out to recruit an applicant already present on the labour market,
    • for artistic services, evidence of compliance with article 4 of order no. 45-2339 dated October 13, 1945, modified, related to performances.

    Potential additional documents

    n/a

    Application submission

    Prefecture for the place of residence, 2 months before the expiration of the VLS-TSLong Stay Visa equivalent to a Residence Permit.

    Application evaluation

    Prefecture.

    Issuance of the residence permit

    Prefecture, upon renewal.

Taxes to pay

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  • Taxes due by the employer

    For a temporary contract lasting more than 3 months and under 12 months:
    € 74 to pay the minimum wage or less,
    € 210 for wages less than or equal to 1.5 times the SMICMinimum growth wage,
    € 300 to pay more than 1.5 times the minimum wage.

  • Taxes due by the foreign national for issuance

    Exempt

  • Taxes due by the foreign national for renewal

    87 €

  • Taxes due by the spouse

    349 €

Reference documents

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The Official Journal (JORF), CESEDA may be consulted at the www.legifrance.gouv.fr web-site.

 

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