Law N°2016-274 of March 7th, 2016: Application process with the French Consulates

As a kind reminder, « passeport talent » (European Blue Card and Employee on assignment with a French contract) and « Salariés détachés ICT » applications (Seconded employee on assignment), must be filed with the French Consulate of residence of the employee.

Information obtained to date from various Consulates (Mexico, Brazil, United-States, South Africa) is as follows:

• For files transmitted to the Consulates through the previous process, the visa can be and are issued without problem, according to the new legislation.
• Although some Consulates are still awaiting instructions, some of them have already received the instructions enabling them to process new type of applications.
• Their websites are however still not up to date and shouldn’t be referred to.
• Files will comprise two parts: basic documents for the visa itself+ documents related to the employment in France, mainly matching what used to be submitted to the Labor Authority.
• The list of requirements is basic but Consulates are in demand of any documents helpful to process the application. Not being familiar with that kind of process, there will be a learning curve and additional requirements may occur.
• The uncertainty remains regarding the appointment booking itself, either done through the standard online booking system, or exceptionally via email during the transition period.
• The processing time is still to be confirmed.

We are in communication with our contacts at the Consulates to obtain the information as it becomes available, and will make sure to keep you updated. First applications will be filed in the coming weeks providing us more visibility.

ATTENTION

We invite you to remain vigilant on the following:

• We already noticed some errors on the legal mentions on newly issued visas or resident permits. Verification is critical, especially regarding the distinction between seconded employees on assignment and assignees under a local contract.
• The minimum monthly gross salary for employees on assignment under a local contract is 1.8 x the “SMIC” (legal monthly minimum wage).
• It is still difficult to fully appreciate the list of occupations waving the need for a work permit for less than 3 months. We hope to have more details shortly.
• The value of fiscal stamps required for the resident permit collection has changed.