An American can work in France for a company under the following
conditions:
- as an employee of the French
company, or
- as a seconded employee of an
American company having a special relationship with a French
company in France.
Given the high level of unemployment
in France and the fact that France cannot bar other European
Economic Union nationals from living and working in France,
Americans are often faced with significant administrative hurdles to
be surmounted.
As a general rule, only persons
earning a minimum of 24,000 francs/month and having special
skills will be considered as viable applicants for a visa permitting
gainful employment.
If these initial conditions can be
met, the administrative steps include the following:
The prospective employer will
prepare, execute and submit to the appropriate local French
administrative body where it is located (the "D.D.T.E."):
- "Cerfa" forms which,
when completed, will contain all the details on the employee,
the employer and the employment relationship normally contained
in a French employment contract, and
- an all important letter from the
prospective employer ("lettre de motivation")
documenting why the recruitment of a non-French citizen is
absolutely necessary1.
Once and if the visa is granted by
the French Consulate serving the applicant's place of residency,
immediately upon arrival in France, it will be necessary to go to
the Prefecture of the city in which he plans to reside to obtain an
identification card ("Carte de séjour"). This
should be done before even traveling to another E.E.U. country, as
the right of entry is for one (1) entry, until the necessary
administrative step has been initiated. (See Further
tips relating to the "visa de long séjour".)
The initial "Carte de séjour"
is generally be valid for only one (1) year. It can be renewed with
appropriate supporting documents for a number of consecutive one
year periods. Once the executive is in a position to produce in the
renewal dossier proof of payment of three (3) years' of French
income taxes (Avis d'imposition), it will then generally be
possible to apply for a ten (10) year residency card ("Carte
de séjour de dix ans").
Once and if the visa is
granted by the French Consulate serving the applicant's place
of residency outside France, the visa holder will normally
have a visa enabling the person to make multiple entries into
and departure from France.
Shortly after arriving in
France with the visa, it will be necessary to:
- take a medical examination
at an office of the O.M.I., AND
- file with the Prefecture of
the city in which he plans to reside tan application for
a residency card ("Carte de séjour").
The initial "Carte de
séjour" is generally be valid for only one (1)
year. It can be renewed with appropriate supporting documents
for a number of consecutive one year periods. Once the
executive is in a position to produce in the renewal dossier
proof of payment of five (5) years' of French income taxes (Avis
d'imposition), it will then generally be possible to
apply for a ten (10) year residency card ("Carte de séjour
de dix ans").
Naturally, working in France subjects
the American to French taxes. See "Tax
Tips"
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1. It is possible for executives on temporary assignment
to France and who have the necessary visa to be paid outside France
by the American parent company. But disclosure and an appropriate
explanation for this structure will need to be provided to the
French authorities.
| DISCLAIMER
The information provided here and on the other pages linked hereto is intended for educational purposes only, and is not legal advice. Particular situations require particular analyses that can only be provided by legal professionals who specialize in the relevant fields and who know all the details of a situation. Also, a presentation such as this does not establish the attorney-client relationship that is necessary in any rendering of legal advice. Finally, one should be aware that the law is a chameleon-like beast that changes its colors frequently, and what holds good today may be reversed by tomorrow. The comments herein should then be read in that light. |
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