Many companies face the challenge of employing digital nomads increasingly willing to work remotely
In this kind of situation, some French Consulates issue, wrongly, a Visitor visa.
REMINDER: in order to obtain a long stay visa with mention « Visitor », the applicant must prove that he can live on the French territory using his own financial resources, and commits not to exercise any activity subject to authorization. (cf. circular of March 29th 2009).
The Ministry of Labour reminds that the long stay « Visitor » visa forbids to exercise in France any type of professional paid activity: whether at a French entity, at home for a foreign company or for one’s own account.
In order for the employee and his American employer to comply with the French Labor law, the procedure of Secondment for own account needs to be implemented (art. L. 1262-1 3° of Labor code).
The process is :
Timeframe :2 to 3 months, between the day the work permit application is submitted, and the arrival in France. Processing times remains at the discretion of the French authorities.
To handle any similar situation, we invite you to contact us in order to validate the applicable procedure.