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25 of February 2021

News - Salarié Détaché ICT

As you may already know, on February 4th, 2021, the French authorities withdrew holders of long-stay "Salarié Détaché ICT" visas from the list of newcomers authorized to come to France for professional reasons and coming from a country outside the European area (cf. all countries in the world with the exception of the Member States of the European Union, Andorra, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican).

As a reminder, the " Salarié Détaché ICT " permit concerns employees who are seconded for more than three months (no direct hiring in France) to provide expertise or to occupy a management position within the Group. The value of their assignment in France can hardly be questioned under these conditions.

We hope that the French authorities will soon clarify the situation as they did in September 2020 (cf. the " Salarié Détaché ICT " visas were first banned at the beginning of September, then finally admitted on September 21, 2020).

Only holders of long-stay "Talent Passport" visas are therefore now authorized, i.e. (but not only) :
- Talent Passport - Employee On Mission: direct hiring in France within the framework of intra-group mobility
- Talent Passport - European Blue Card: direct hiring of a highly qualified employee in France

Other inconsistencies may be found.
For example, French and European citizens must justify a personal or family reason, or a compelling health or professional reason for entering France from a country outside the European area.

Some would say that this rule appears more restrictive than having only the appropriate visa, since the examination of certain compelling reasons invoked could be at the sole discretion of the airline and/or the border police officer.
Our firm handles the case of an Australian national married to a French national and transferred to France from Australia. The Australian national is eligible for a "Passport Talent" visa, but has obtained a "Spouse of French" visa. The situation of the couple is therefore that of a French citizen and his or her spouse who wish to enter France from Australia, and who must justify a compelling reason .

In general, it is strongly advised to all travelers wishing to leave or enter France to consult the official bilingual website beforehand.

Finally, it is important to emphasize that all nationalities are subject to the same health measures, when entering France from outside the European area, or from within the European area.

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