France (ICT) Temporary Secondment of Employees

If you are a French-based company you can temporarily employ existing workers who are based overseas to work in France.

For more information about the secondment of employees in France and how to apply for an ICT Temporary Work Permit, call +44 (0)333 305 9375 or chat with one of our immigration advisers online.

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    France Seconded Employee (Salarié Détaché ICT): Overview

    France Intra-Corporate Transferees (ICT) Temporary Secondment of Employees is a type of Work Permit allowing foreign employees to travel to France under an intra-company transfer.

    The employee must already work for a company or branch based outside the European Union but can be temporarily seconded.

    The ICT Seconded Employee Permit brings a significant economic benefit by increasing the effectiveness and competitiveness of French businesses.

    Additionally, it enables seconded employees to benefit from French social security, giving them access to the health system. The permit also allows foreign employees to bring their dependents to France to join them during their stay.

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    Eligibility Requirements for France ICT Temporary Secondment of Employees

    To employ foreign workers under the ICT Temporary Work Permit, the French business must:

    • Belong to the same group of companies that the foreign employee works for abroad, and the company abroad must be a genuine business
    • The foreign employer must produce a Prior Declaration of Secondment (SIPSI Declaration)
    • Adhere to the French minimum wage as well as laws on working and rest times
    • Meet French workplace health and safety standards
    • Apply French law in relation to paid holidays

    To be temporarily employed under the ICT Seconded Employee Work Permit, the employee must:

    • Demonstrate seniority within the group
    • Hold an employment contract with their foreign employer stating the terms of the secondment or transfer
    • Is part of an intra-company transfer
    • Earn a gross salary at least 1.8 times the minimum full-time monthly gross French wage (SMIC) – this is €2,738.20 gross per month or the minimum wage under the terms of the applicable collective bargaining agreement
    • Provide proof of funds – sufficient finances for their stay in France and a salary adequate to the role, place, and length of stay (for the ICT Seconded Employee Residence Permit)
    • Hold professional qualifications for the seconded role in France or show the employer has hired the seconded employee to follow a training course

    For guidance and help with your immigration or employment case, reach out to our legal experts. Contact Us

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      The Types of Residencies for Temporary Seconded Employees

      Foreign employees transferred to France temporarily can apply for the following types of Residence Permits:

      Long-Stay Visa (VLS-TS) for ICT Seconded Employee

      The ICT VLS-TS permits foreign inter-company staff to be seconded or transferred to France from an overseas company branch.

      This Residence Permit enables employees and their families to live and work in France for a minimum of 3 months and up to 12 months. With this visa, the employee remains on the foreign company’s payroll.

      This visa is a combination of a Long-Stay Visa and a Residence Permit and has to be registered online within the first three months of the foreign employee’s arrival in France.

      Requirements for the ICT VLS-TS

      To apply for the ICT VLS-TS or Residence Permit, the applicant employee must submit the following documents:

      • VLS-TS visa application form and proof of paid application fee
      • Completed form giving details of the work contract between the applicant and employer
      • Valid passport or travel document with expiration date no earlier than three months after the employee’s intended stay in France
      • Two recent colour passport photographs
      • Signed employment contract
      • Proof of income (of at least €1,554.60/month) This can be shown via payslips or work contract
      • Medical travel insurance
      • Evidence of seniority level such as a job contract
      • Criminal background certificate – obtained from the nearest police station in the applicant’s home country
      • Proof of accommodation in France such as a tenancy agreement or reservations

      ICT Seconded Employee Residence Card

      The ICT Seconded Employee Residence Card is for inter-company transfers of more than one year and up to 3 years. It is a non-permanent Residence Permit allowing posted employees to carry out a senior management position or provide expertise in a French company belonging to the same group as their current employer abroad.

      Requirements for the ICT Seconded Employee Residence Card

      To apply for the ICT Seconded Employee Residence Card, the applicant must submit the following documents:

      • Long-Stay Visa or Residence Permit
      • Valid passport or travel document
      • Three recent passport photographs
      • Completed Form stating the information about the work contract between the applicant and the employer in France
      • Contract of employment between the applicant and the foreign employer
      • Evidence of recent (not more than three months) residence in France
      • Documents showing the length of service
      • Evidence that the employee holds adequate qualifications required for the role they will perform in France
      • Proof of funds of at least 1.8 times the French national minimum wage. This can be done via payslips or bank statements

      Determining what type of supporting documents the Temporary Seconded Employees should provide for the type of residency they wish to obtain can be complicated. Contact Total Law for immediate advice if you are still determining what documents to provide.

      Call +44 (0)333 305 9375 or chat with one of our advisers online.

      The Application Process for a Seconded Employee Permit in France

      To apply for a Seconded Employee Permit in France, the employee must submit a Long-Stay Visa application form to the French Consulate, Embassy or Visa Application Centre nearest to their home country address. The application should be submitted at least three months before the intended trip to France.

      After completing and submitting the application, the applicant must schedule an appointment with the French Consulate, Embassy or the Visa Application Centre and attend the appointment to submit documents, biometric information (photos and fingerprints) and pay the application fee.

      ICT Long-Stay Visas must be validated online within three months of the applicant’s arrival in France. Applicants who intend to stay in France for more than 12 months and apply for the ICT Residence Card must validate their application at the Prefecture closest to their French residence address within two months of their arrival.

      Seconded Employees in France: Rights and Benefits

      Due to recent changes to the rules for employees seconded to France, there are various additional rights and benefits to workers, such as:

      • Remuneration – employees seconded to France benefit from the same salary conditions as French workers.
      • Business Expenses – the employer pays transport, meals and accommodation fees during the employee’s stay in France.
      • Guaranteed French health and safety standards – employers should ensure working conditions are the same for all employees.
      • For the first 12 months of the secondment, the mandatory French rules mentioned above must be applied to the seconded employees. According to the Labour Administration, other rules will remain subject to the law of the employee’s country of residence. After one year, all French laws apply to seconded employees.

      Our expert team has helped hundreds of cases secure visas and permits in France - let us help you too! Contact Us

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        Family Joining Employees Seconded to France

        Overview

        Seconded Employees holding an Intra-Company Transfer Permit can bring their spouse and dependent children to accompany them during their stay in France. This requires each family member to apply for a Long-Stay Visa at their nearest French Embassy, Consulate or Visa Application Centre.

        Dependents will be issued with an Intra-Company Transfer – Family Permit, although children under the age of 18 are not required to have a residence permit. However, they must obtain an underage child travel document (document de circulation pour étranger mineur).

        The ICT-Family Permit allows the dependent spouse to engage in paid employment during their stay in France. This Permit remains valid throughout the duration of the Residence Permit held by the Seconded Employee.

        Each of the dependents applying for the Long-Stay Visa to France must pay a visa processing fee. The cost of the Long-Stay Visa is €99. Additionally, there is a fee of €225 for a Residence Permit for a dependent spouse.

        Supporting Documents Required for the ICT-Family Long-Stay Visa

        Each dependant coming to France as accompanying family of the Seconded Employee must submit the following documents:

        • Completed Long-Stay Visa application form
        • Visa application fee receipt
        • Valid passport – issued within the last ten years and valid for at least three months after the visa expiration date
        • Proof of relationship with the seconded employee – such as birth or adoption certificate or marriage certificate
        • Three recent colour passport photographs
        • Residence Permit of the employee; or
        • The seconded employee’s identity card

        Documents Required for the Residence Permit for ‘Accompanying Family’

        Once in France, each dependant (except for minor children under the age of 18) of the Seconded Employee must submit the following documents to apply for a Residence Permit:

        • Valid passport or other documents showing a photograph of the applicant and allowing identification (identity card, certificate of nationality, etc.)
        • Long-Stay Visa or current Residence Permit
        • Proof of address dated within the last six months, for example, utility bills or rental agreement
        • Three recent passport photographs
        • Proof of payment of the Residence Permit tax and the stamp duty
        • Residence Permit of the seconded employee or identity card
        • Proof of relationship between the applicant and the seconded employee – marriage certificate for spouses and birth or adoption certificate for children

        How Can Total Law Help?

        If you are an employer looking to temporarily hire foreign employees under Intra-Company Transfer, you must comply with the required laws and requirements in relation to the secondment of employees in France.

        Total Law can help determine whether your company or the employee are eligible to apply for the Intra-Company Transfer in France and guide you through the process by ensuring all the requirements are fulfilled to the highest standards in compliance with the mandatory criteria.

        Our team of reliable immigration advisers can assist you by assembling the necessary supporting documents for the Intra-Company Transfer. We can assess whether the role you are offering is adequate to the skill level and qualifications of the foreign employee, and advise you on how to transfer foreign workers (and their dependants) to France to make the process hassle-free and help your business grow.

        Contact Total Law immigration advisers today to receive immediate advice about your case. Call +44 (0)333 305 9375 or contact us online for assistance.

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                  Frequently Asked Questions

                  A Secondment Declaration (also known as a Secondment Certificate) is a statement detailing the terms of employee secondment and is submitted by the foreign-based employer through the online SIPSI service provided by the French Ministry of Labour.

                  This must be submitted before the posted employee arrives in France. The Declaration of Secondment ensures that the employee is covered by the health insurance system in their home country and retains their usual social security.

                  The maximum working hours for Seconded Employees in France is 35 hours per week. The working day may not exceed 10 hours, and employees may not work more than 4.5 hours without a break. Working over 7 hours a day is considered overtime and must be paid adequately.

                  You can be legally seconded to France for a maximum of 3 years, after which you will be expected to return to your post in your home country or switch to a different immigration status if you are eligible and wish to stay in France.