New rules for intracorporate transfers coming soon

IMPACT – HIGH

What is the change?  The French government will publish a decree that implements new rules for intracorporate transfers on March 1, 2019.

What does the change mean? Applicants for seconded employee ICT cards will be required to have a minimum tenure of six months with the employer before coming to France. Previously, three months of experience was required. Additionally, the decree will establish a new cooling-off period, requiring ICTs to exit France upon expiration of their ICT card and wait at least six months before they are eligible to reapply for a new card.

• Implementation time frame: March 1, 2019.
• Visas/permits affected: ICT cards.
• Who is affected: Companies assigning intracorporate transferees to France.
• Next steps: Employers are encouraged to review their procedures to make sure that their future assignees comply with the new rules for intracorporate transfers.

Background: France’s new immigration law was ratified and published in September 2018. The bulk of the law addresses asylum seekers and illegal immigration, but it also contains some provisions related to high-skilled immigration, including these stricter rules for ICTs.

Analysis & Comments: The new law introduces stricter criteria for seconded employees. The full impact on high-skilled immigration will be clearer once the implementing decree is issued and authorities begin enforcing the law.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom