Employees on assignment
Last updated
December 8th 2014

This device is designed to ease the procedure for intra-group mobility of employees of companies in the same group, established in foreign countries, seconded in France for a temporary assignment.
This also affects foreign nationals holding employment contracts with companies established in France when entry will be made between establishments within the same company or between companies within the same group.
The employment situation is not applicable.

Beneficiaries

Foreign nationals of third countries.

This provision is for employees of companies established abroad and temporarily seconded in France in: 

  • Another establishment of this company,
  • a company within the same group.

The seconded employee remains under contract with the company established abroad which will continue to pay his or her compensation. He or she will have no contractual link with the host establishment in France during the assignment.

This also affects foreign nationals holding employment contracts with companies established in France when the entry will be made between establishments within the same company or between companies within the same group.

Categories not affected

Nationals of the European Union or of the other member States of the EEAEuropean Economic Area (Iceland, Liechtenstein, Norway).

Nationals of the Swiss Confederation.
Algerian nationals governed by the Franco-Algerian agreement dated December 27, 1968.

Conditions for issue

The employment situation is not applicable.

Beneficiaries have worked with the company for at least 3 months, and the company must prove a real and serious activity abroad.

The seconded employee must:

  • carry out an assignment of at least 3 months in France,
  • have gross compensation at least equal to 1.5 times the SMICMinimum growth wage,
  • Provide special expertise to the French company or completing training to implement a project abroad.

Employees recruited directly by a French company must:

  • have gross compensation at least equal to 1.5 times the SMICMinimum growth wage,
  • be introduced by a French company within the same group as their previous employer, or by a French establishment of a foreign company.

 

A specific procedure is in place for short stays (of less than 3 months) of employees on assignment. 

In this case, a 3-month work permit, renewable over 12 months, is issued with a travel visa for the same period. It allows for maximum stays of 3 months in a 6-month period during the period of validity of documents.

 

Exception(s)

Seconded employees, except for intra group mobility, do not benefit from the procedure for employees on assignment (see the sheet about seconded employees – except intra-group mobility).

Conditions for issue

They may benefit from the simplified “accompanying family” procedure, which provides for the concomitant arrival in France of the employee and his/her family, if the employer of the employee on assignment makes the request when the application is submitted. This procedure is applicable even when simultaneous arrival in France is not possible.

Permit issued to the worker

Temporary residence permit (CSTTemporary residence permit) for "employees on assignment" issued for a renewable period of 3 years. Dispense with the CAIReception and integration contract.

Permit issued to the family

Residence permit for "families and partners" if the period of the employee’s assignment is equal to or greater than 6 months. This permit may be renewed for the entire duration of the employee's assignment and grants authorisation to work.

The long-stay visa dispensing with the application for a residence permit (VLS-TSLong Stay Visa equivalent to a Residence Permit) marked “visitor”, if the duration of the assignment is less than 6 months.

Family members no longer need to sign a CAIReception and integration contract.

Procedure to follow

  • First issue

    Application elements

    • letter explaining the worker's recruitment and describing the functions that he or she will carry out,
    • CERFA form no. 13652*02 and its appendix on the type of paid employment,
    • Kbis extract (unless it has already  been sent within the past 12 months and has not been modified),
    • Evidence of links between the company established in France and the company established abroad (unless it has already been sent within the past 12 months and has not been modified)
    • copy of the latest social security contribution statement (unless it has already been sent within the previous 12 months)
    • where applicable, a copy of the latest statement of contributions to the paid annual leave fund (unless it has already been sent within the previous 12 months),
    • a copy of the worker's passport or national identification document if he or she resides abroad,
    • worker's curriculum vitae or any other document supporting his or her qualifications and experience (degrees, titles...); if exercise of the activity is subject to special regulatory conditions, documents proving that these conditions have been met.

    When the employer is established abroad, the application must also include:

    • certificate of employment from the company established abroad or initial employment contract,
    • certificate of secondment or declaration on honour of the application for registry with French social security,
    • where applicable, declaration on honour of the application for registry with the paid annual leave fund,
    • where applicable, a letter authorising a person established in France to complete the administrative procedures on his or her behalf.

    Once per year, the worker must send CERFA form no. 13568*02 to the Prefecture that issued the temporary residence permit to prove that the conditions for the issuance of this permit are still being met.

     

    Potential additional documents

    If needed by the administration:

    • copy of the draft employment contract or amendment to the employment contract for the transfer to France,
    • copies of the last 2 pages of the single staff register or copies of the last 3 declarations of staff movements for establishments with more than 50 employees.

    If the employer has already solicited a work permit, the following may be requested:

    • the last 3 pay slips for foreign employees having worked in France,
    • supporting documentation for the latest social security contribution statement.

     

    And to benefit from the "accompanying family" procedure: 

    • marriage or family registration record 
    • full copy of the children’s birth certificates 
    • if applicable, the divorce decree awarding custody of the child to the spouse and authority to leave the territory for parents without custody of the child
    • information Sheet

    The documents submitted must, where necessary, be translated into French by a certified translator.

     

     

    Application submission

    By the employer, at the:

     

    Regional Office (DTRegional Office) of the OFIIFrench Office of Immigration and Integration for the place of business, a one-stop shop for the administrative departments of Haute-Garonne (31), Hauts−de−Seine (92), Isère (38), Nord (59), Paris (75), Puy-de-Dôme (63), Rhône (69) and Yvelines (78) for all employees on assignment and, where appropriate, their families (see the sheet one-stop office).
     

    Foreign Workforce Department (SMOEForeign Workforce Department) for the administrative department where the host company is established for the other departments for employees and, where appropriate, their families

     

    The use of agents as per circular IOCL1101731C of 1st February 2011 is still possible for the eight departments under the one-stop-shop [Haute-Garonne (31), Hauts-de-Seine (92), Isère (38), Nord (59), Paris  (75), Puy-de-Dôme (63), Rhône (69) et Yvelines (78)]

    Application evaluation

    For the eight departments under the one-stop-shop:
    The Regional Directorate of the OFIIFrench Office of Immigration and Integration receives the application, checks it and forwards it to the SMOEForeign Workforce Department (Foreign Workforce Dept.) which returns it to the OFIIFrench Office of Immigration and Integration which will send it electronically to the French Consulate involved or to the REForeign office of the OFIIFrench Office of Immigration and Integration if the OFIIFrench Office of Immigration and Integration is present in the foreign country (Cameroon, Mali, Morocco, Senegal, Tunisia and Turkey) along with appropriate documents for the accompanying family where applicable.

     

    For the others departments:
    Upon receiving the file, the SMOEForeign Workforce Department must sign the contract or the request for secondment and send the file to the DTRegional Office of the OFIIFrench Office of Immigration and Integration which will send it electronically to the French Consulate involved or to the REForeign office of the OFIIFrench Office of Immigration and Integration if the OFIIFrench Office of Immigration and Integration is present in the foreign country (Cameroon, Mali, Morocco, Senegal, Tunisia and Turkey) along with appropriate documents for the accompanying family where applicable.

     

    In all case, the Consulate simultaneously meets with the employee and his family for the issuance of long-stay visas and returns the copy of the employment contract to the employee.
    Upon arrival in France, the employee may work as long as he or she is in possession of his or her consular visa and signed employment contract.

    Medical examination

    Waiver of OFIIFrench Office of Immigration and Integration medical examination for seconded workers and their families (spouses and children under 18).  

    Issuance of the residence permit

    Prefecture of place of residence. 

  • Renewal

    Application elements

    When the position occupied is the same as that which justified the issuance of the initial work permit:

    • certificate of presence in the position provided by the employer,
    • The last 3 pay slips (if these documents do not prove respect for the initially established compensation terms, the government may request the production of additional slips),
    • the most recent statement of social security contributions sent to the body responsible for their collection, and where applicable, to the paid annual leave fund,
    • for cases set out in bilateral social security agreements, the certificate of secondment.

    Potential additional documents

    The spouse must produce:

    • a residence permit marked “employee on assignment” given to the spouse 
    • documents proving that the employee on assignment has been residing without interruption for more than 6 months in France on a permit for employees on assignment

     

    Application submission

    Prefecture.

    Application evaluation

    Prefecture.

    Issuance of the residence permit

    Prefecture.

Taxes to pay

  • Taxes due by the employer

    For an employment contract of a  duration longer than 3 months and less than 12 months:

    €210 for salaries equal to 1.5 times the SMICMinimum growth wage,
    €300 for salaries greater than 1.5 times the SMICMinimum growth wage.
    For an employment contract of a duration of 12 months or longer:
    55% of the gross monthly salary up to 2.5 times the SMICMinimum growth wage.
  • Taxes due by the foreign national for issuance

    €241

  • Taxes due by the foreign national for renewal

    €181

  • Taxes due by family member

    €241

Reference documents

 

 

 

The Official Journal (JORF), CESEDA may be consulted at the www.legifrance.gouv.fr web-site