The texts of law for the implementation of the immigration law have been issued October 28th and published in the “Journal Officiel” on October 30th. They are meant to be applicable starting with November 1st, however following discussions with certain Consulates of France (of which Bangalore), their administrations are not yet ready to apply the texts and delays may result of the transition period that is to follow.
Here below, a first analysis of the new regulations.
Work authorization exemption for assignments of up to 90 days:
The exemption is limited to certain categories of professional categories:
- Sports, cultural, artistic and scientific events
- Conferences, seminars and trade shows
- Production and distribution of film, audiovisual, stage performances and phonographic editing, when entertainer or technical staff directly connected to the production or implementation.
- Modelling and artistic posing
- Domestic personnel, while accompanying their private employers in France
- Audit and expertise in IT, management, finance, insurance, architecture, engineering, when seconded to France under the provisions of Labor Law’s article L.1262-1
- Occasional lectures to be provided by professors under invitation
Applications under the “Talent Passport” and “ICT seconded employees” ( intra-company transferees on local or secondment contract, EU Blue card holders, scientists, investors…)
Starting November 1st, visa applications meeting the criteria of “Talent Passport” or “ICT seconded employees” are to be filed with the French Consulates outside France. The list of documents is identical to the one already used for the applications submitted to the French Labor Offices. This, in addition to the usual long stay visa application list of compulsory documents. The intra company transfers’ (previously known as “salarié en mission”) minimum gross salary goes from 1.5xSMIC to 1.8xSMIC. The applications filed before November 1st should be handled as previously, however certain administrations may request that the new regulations be applied, even for applications received before Nov 1st. We will probably receive back the complete files for the applications to be filed directly with the Consulates. Due to the transition period, further processing delays may be registered. Helma International is in constant contact with the administrations involved and will keep you informed of any further developments.