Law N°2016-274 of March 7th, 2016: Immediate consequences of the decrees

Following our news flash on October 31^st, 2016 regarding the new implementation decrees, please find below

The immediate practical consequences on filing applications

After confirmation by the OFII in Paris and other local OFII, for « passeport talent » applications (European Blue Card and Employee on assignment with a French contract) and « Salariés détachés ICT » applications (Seconded employee on assignment)

• The competent authority to instruct the files is now the Consulate of the place of residence of the employee
• Files that have not yet been instructed by the administration will be returned to the sender, the OFII and Labor Authority (DIRECCTE) not being competent anymore
• To date, no other instruction than to return the files have been communicated to officers
• French Consulates are also awaiting instructions to take over these new responsibilities, websites are not updated and we invite you not to refer to their content to avoid any confusion
• While waiting for more information, the filing of applications is suspended

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.

The list of activities as exempt from work permits for stay of up to 90 days:

• Sporting, scientific, artistic, and cultural events.
• Conferences, seminars or trade shows.
• Film, audio-visual, recording or performing, when it is the artist or technical staff directly attached to production or realization.
• Modeling and art shoots.
• Domestic employees accompanying their private employer in France
• Audits and expertise in IT, management, finance, insurance, architecture and engineering conducted by employees posted to France by a foreign company.
• Lectures by invited professors.

IMPORTANT: please note that the posted worker declaration remains mandatory

For the detailed analysis of all new measures, please contact your Immigration consultant.