France

New work-permit forms to require additional documentation

3 Dec 14

FRANCE

IMPACT – MEDIUM

What is the change? Starting Jan. 1, France will begin using new work-permit forms that will require additional supporting documentation.

What does the change mean? Sending employers, host employers, and employees will be required to submit more documentation for work-permit applications.

  • Implementation timeframe: Jan. 1, 2015.
  • Visas/permits affected: Work permits.
  • Who is affected: Sending employers, host employers and employees applying for work permits.
  • Impact on processing times: No direct impact, but the changes may require more time spent gathering and preparing documents.
  • Business impact: The changes impose significant documentation requirements on employers and employees alike.
  • Next steps: Employers and employees should begin assembling the documentation that will be required in work-permit applications beginning Jan. 1, 2015.

Background: The changes affect sending employers, host employers and employees.

The sending (non-French) employer must provide their company registration number or employer ID, the date the company was formed and name of the registration authority, the name of a legal representative and the company’s primary business activity. Depending on the home country, the sending employer may also be required to register with the French social security system.

In addition to the above, companies sending intra-company transferees must provide a website address documenting the relationship between the foreign entity and the French host company. For international provision of services, the sending employer must provide information about the total cost of the services and a copy of the service agreement.

The host (French) employer must provide information about entities handling the work-permit application process and paying government fees on its behalf, as well as the monthly or gross annual salary for an equivalent position in the host company (excluding any in-kind payment).

In cases involving regulated activity, the host employer must provide the identity of the regulating body and proof of certification. For intra-company transfers, the host employer must describe the role of the French entity in the corporate group and the date the French group was formed or came under control of the group.

Foreign employees will also have new document requirements. They must submit a copy of the initial employment contract or, if that is not available, a copy of the initial employment offer letter. With the exception of intra-company transfers and secondments, foreign employees must also submit a copy of employment certificates from previous employers proving that they have adequate professional experience.

BAL Analysis: France adopted the changes to reduce requests for supplementary documentation during the application process. Employers and employees should anticipate a transition period, and those planning to file in 2015 should start gathering and preparing supporting documentation as early as possible to avoid delays. Pending applications will not be affected.

This alert has been provided by the BAL Global Practice group and our network provider located in France. For additional information, please contact your BAL attorney.

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@bal.com.

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