Immigration Law

Foreign Executives and Associates in France: Understanding Visa and Residency Requirements

For non-EU/EEA nationals engaging with French companies, it is imperative to distinguish between the immigration requirements applicable to corporate executives (dirigeants) and those applicable to company associates (associés). The necessity of obtaining a French residence permit is contingent upon the nature and extent of the individual’s professional activity and their intent to reside in France. This guide provides a formal clarification of these distinct legal requirements.

I. Residence Permit Requirements for Foreign Executives

A non-EU/EEA national who intends to hold an executive corporate office or a high-level salaried management position within a French company is required to obtain a specific residence permit.

 
The “Passeport Talent” as the Primary Permit

The most relevant permit for this profile is the Passeport Talent. This multi-year residence permit is designed to attract highly skilled professionals who make a significant contribution to the French economy. Its primary advantages include:

  • Multi-year Validity: It is typically granted for an initial period of up to four years, renewable.
  • Family Accompaniment: It grants immediate family members (spouse and minor children) corresponding residence permits with the right for the spouse to work.
  • Streamlined Procedure: The application process is generally more direct than standard work permit procedures.

The specific category is often the Passeport Talent – Mandataire social (Corporate Officer), though other Passeport Talent categories may apply depending on the role.

 
Key Eligibility Criteria

To qualify for the Passeport Talent – Mandataire social, the executive must typically meet the following prerequisites:

  1. Hold a Corporate Mandate: Be formally appointed as a legal representative (e.g., gérant, président, directeur général) of a company established in France.
  2. Meet a Minimum Salary Threshold: Justify a gross annual remuneration that exceeds a legally defined threshold (currently three times the French minimum annual salary, or SMIC).
  3. Seniority: Possess at least three months of seniority as an employee or corporate officer within the same company or group.

 

The process involves obtaining a long-stay visa (VLS-TS) from the French consulate abroad, followed by the application for the physical Passeport Talent card at the local préfecture upon arrival in France.

II. Immigration Status of Foreign Associates (Associés Étrangers)

The legal situation for a foreign associate—an individual holding shares in a French company without being a salaried employee or corporate officer—is fundamentally different.

General Exemption from Residence Permit Requirements

As a general principle, the status of being a foreign associate in a French company does not, in itself, necessitate a French residence permit. This exemption applies if the individual is not residing in France for more than 90 days in any 180-day period and is not actively engaged in the operational management of the company from French soil.

Permissible Activities Without a Residence Permit

A foreign associate may perform the following actions without a French residence permit:

  • Hold Shares: Own a stake in a French company and receive dividends or other capital-related income.
  • Attend Meetings: Travel to France for short-term business visits (e.g., board meetings, shareholder assemblies, strategic reviews) using a short-stay Schengen visa if required by their nationality.

III. The Determining Factor: Residency and Active Professional Engagement

The critical distinction for determining the need for a residence permit is the combination of physical residency (a stay exceeding 90 days) and active professional activity within France.

  • Executive Role: This function is intrinsically linked to an active, decision-making presence in France, thus requiring a residence permit.
  • Passive Associate Role: This function is based on capital investment and does not require long-term physical presence or operational activity in France, thus exempting the individual from residence permit requirements.

IV. Scenarios Requiring a Residence Permit for an Associate

The exemption ceases to apply if the foreign associate’s role or intentions change. A residence permit becomes mandatory if the associate decides to:

  1. Assume an Active Management Role: Transition from a passive shareholder to an active corporate officer (mandataire social), thereby falling under the executive requirements.
  2. Become a Salaried Employee: Accept a salaried position within the French company, which would require an appropriate work-related residence permit.
  3. Establish Residency in France: Choose to live in France for more than three months for any reason (e.g., personal convenience, family), which would necessitate applying for a residence permit corresponding to that purpose (e.g., a “Visiteur” permit).

Conclusion and Professional Guidance

A clear understanding of the distinction between an active executive function and a passive associate status is fundamental for ensuring compliance with French immigration law. While executives are subject to specific residence permit prerequisites, associates whose involvement is purely financial and who do not reside in France are generally exempt.

At LegalMova, we provide specialized legal counsel to foreign executives, investors, and companies navigating the complexities of French business and immigration law. We offer precise guidance to determine the appropriate legal status and ensure full compliance with all administrative requirements.

We invite you to contact us for a professional consultation to address your specific situation.

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