Professional immigration to France: the Talent Passport

Are you a professional looking to immigrate to France for work purposes? Are you a foreign employee working for a company with a subsidiary in France? Don’t know which residence permit to apply for? AGN Avocats presents the Talent Passport.

What is the Talent Passport?

The “Talent Passport”, provided for in articles L. 313-20 et seq. of the Code de l’Entrée et du Séjour des Étrangers et du Droit d’Asile (CESEDA), is a multi-annual residence permit that has partially replaced the “Compétence et talents” residence permit following the adoption of the law of March 7, 2016.

The Talent Passport is part of the French Tech mission set up by the Government in 2017 to advance France’s economic attractiveness. It aims to make it easier for international talent, whether employed or self-employed, to settle in France. As such, it offers opportunities to open up to international talent, who no longer need family ties or a work permit approved by the Direccte to stay in the country.

Note that this residence permit is part of what might be called “selective immigration“, designed to apply only to people deemed “highly qualified”.

This residence permit is valid for up to 4 years, renewable. Although the conditions for obtaining the permit are very strict, a specific diploma is not always required. It can also be extended to the beneficiary’s family (including married spouse and minor children) for an equivalent period.

Who can get it?

As mentioned above, this card is not available to everyone. A standard profile is required, and 10 Talent Passport categories have been defined.  

Profile

To be eligible for a Talent Passport, you must:

• Be a foreign nationals wishing to work in France for more than 3 months;
• Be highly qualified;
• Work in an innovative company, or want to create a company, or want to invest in France, or be an artist, or be a top-level athlete

Nationals of some foreign countries, such as Algeria, are excluded from obtaining this residence permit. This is due to bilateral agreements signed between France and these countries.

Talent Passport categories

Article L 313-20 of the CESEDA defines 10 categories of passport-talent:

• “1° A foreign national who is either in paid employment […], or is recruited by a company defined in article 44 sexies-0 A of the French General Tax Code to carry out duties related to the company’s research and development project;

• 2° A foreigner in a highly skilled job […].

Foreign nationals who can prove that they have resided for at least eighteen months in another member state of the European Union under cover of an “EU Blue Card” […] ;

• 3° A foreigner who comes to France on an assignment between establishments in the same company or between companies in the same group […] ;

• 4° A foreign national holding a degree equivalent to a master who conducts research or teaches at university level, […] This card bears the words “chercheur” (“researcher”).

Foreigners who have been admitted to another European Union member state in accordance with Council Directive 2005/71/EC of October 12, 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research may carry out part of their work in France […];

• 5° Foreign nationals who have obtained a diploma equivalent to a Master’s degree, or who can provide proof of at least five years’ professional experience at a comparable level, and who are setting up a business in France on the basis of a real and serious economic project;

• 6° Foreign nationals with an innovative economic project recognized by a public body;

• 7° A foreigner making a direct economic investment in France;

• 8° A foreign national who holds the position of legal representative in an establishment or company established in France, if the foreign national is an employee or corporate officer of an establishment or company in the same group;

• 9° A foreigner who works as a recording artist (“artiste-interprète”), as defined in article L. 212-1 of the French intellectual property code, or who is the author of a literary or artistic work as defined in article L. 112-2 of the same code. […] ;

• 10° A foreigner with an established national or international reputation who comes to France to work in a scientific, literary, artistic, intellectual, educational or sporting field.”

Focus on 3 main Talent Passports

Talent Passport “Company founders”

Foreign nationals wishing to set up a business in France can obtain a residence permit valid for up to 4 years. However, there are a number of conditions to be met. In particular, they must provide proof of :

• Possession of at least a Master’s degree or equivalent, or proof of at least 5 years’ professional experience at a comparable level;
• The existence of a real and serious project to set up an economically viable business in France. A certificate of recognition of the real and serious nature of the business creation project must be obtained on the dedicated platform ;
• An investment of at least €30,000 in the business project;
• Sufficient means of subsistence with resources corresponding to the minimum wage, i.e. €20,966.40 on May 1, 2023.

Applying for a residence permit involves several stages. The application must be made at least 3 months before arrival in France, or 2 months before the expiry of the previous residence permit if you are already residing in France.

There are 2 situations:

• If you live abroad: you need to apply to the consular authorities in your place of residence for a long-stay visa, which is valid for 3 months and enables you to apply for a Talent Passport once you arrive in France.
• If you are already living in France: you can apply for a change of status, in order to change your residence security and obtain a Talent Passport.

As for costs, you should expect to pay at least €225 (€200 OFII tax when the residence permit is issued, plus €25 stamp duty), plus €99 if you need a long-stay visa to enter France.

Talent passport for highly qualified employees

Foreign nationals can obtain a residence permit valid for up to 4 years if they are recognized as highly qualified employees. Proof of :

• A degree equivalent to at least 3 years’ higher education or 5 years’ professional experience at a comparable level
• A minimum 1-year employment contract in France
• A gross annual salary of at least €53,836.50.

There are several steps to follow, and the application must be made at least 3 months before arrival in France, or 3 months before the expiry of the previous residence security if you are already living in France.

There are 2 situations:

• If you live abroad: you must apply to the consular authorities in your place of residence for a long-stay visa bearing the word “Talent Passport”, and apply for a “Talent Passport” once in France.
• If you are already living in France: you can apply for a change of status, in order to change your residence security and obtain a Talent Passport.

 As for costs, you should expect to pay at least €225 (€200 OFII tax when the security is issued, plus €25 stamp duty), plus €99 if you need a long-stay visa to enter France.

Talent Passport “Investor”

Foreign nationals wishing to make a direct economic investment in France can obtain a residence permit valid for up to 4 years. This can be done personally, through a company they manage, or through a company in which they own at least 30% of the capital. Proof of :

• Create or safeguard, or undertake to create or safeguard, jobs in France within four years of the investment;
• Make or commit to making an investment of at least €300,000 in tangible or intangible fixed assets in France.

The application must be made at least 3 months before arrival in France, or 3 months before the expiry of the previous residence security if you are already living in France. A distinction must also be made between those living abroad and those already in France.

As for costs, you should expect to pay at least €225 (€200 OFII tax when the security is issued, plus €25 stamp duty), plus €99 if you need a long-stay visa to enter France.

Our lawyers are available to answer all your questions and advise you. Our meetings can be held in person or by videoconference. You can make an appointment directly online at www.agn-avocats.com.