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Permits and visas: What are the post-Brexit rules for Brits wanting to work in France?

Following Brexit, British nationals coming to France to do any form of paid work may need a visa and/or a work permit. Here's a guide to who needs visas and permits and what type.

Permits and visas: What are the post-Brexit rules for Brits wanting to work in France?
Business trips to France for Brits now fall under a new set of rules. Photo: AFP

Since the British government's decision to end freedom of movement for its citizens, Britons have been plunged into the world of visas and 90-day limits already familiar to other non-EU citizens such as Americans, Canadians and Australians.

Unlike in previous years, anyone now wanting to move to France will need a visa, but for those who are just visiting visas are generally not required as long as your trip is for less than 90 days.

READ ALSO How the 90-day rule works in France since Brexit

 

However, coming to work in France – even if it's just for a few days or weeks – is not as simple as it once was.

For non-EU citizens intending to do paid work in France there are two things to consider –  work permits and visas. 

Work permits are standard for French companies wishing to employee a non-EU citizen (either on a permanent or short-term basis) and require the company to justify why an EU citizen cannot do the job. Not all types of work require a work permit. It is up to the employer to apply for the work permit.

Visas are applied for by the employee, they vary depending on the type of work and the length of stay, but they all need to be applied for in advance of the trip from your home country. Some visas require an employment contract or proof of work.

READ ALSO EXPLAINED: How to apply for a French visa

 

90-days

The first thing to determine is how long you will be working in France. Any stay for more than 90 days requires a visa, but in good news, France has a visa waiver for UK nationals who are working for less than 90 days.

The 90-day limit applies to the whole of the Schengen zone. For people working on short contracts this will be easy to keep track of, but business travellers doing frequent trips to Europe need to keep a close eye on how long they spend in order to ensure that their total number of days within the Schengen zone does not exceed 90 in every 180. When totting up the days, holidays within the Schengen zone count as well as business trips.

Work permit

Most types of work in France will require a work permit.

There are some exceptions here, however, and they are:

  • work at a sporting, cultural or scientific event
  • work at a seminar or trade show
  • the production and broadcast of cinematographic and audiovisual works (such as musicians putting on concerts)
  • modelling
  • personal service workers and domestic workers working in France during their private employers’ stay in the country.
  • providing an audit or expertise in IT, management, finance, insurance, architecture and engineering, under the terms of a service agreement or intra-company transfer agreement.
  • occasional teaching activities by invited lecturers

Here how it works:

Posted workers and contractors

If you are an employee and your company asks you to complete a one-off mission in France, or you are sub-contracted to work in France, the company must obtain a work permit for you.

People who won't need a work permit are those providing an audit or expertise in the fields of IT, management, finance, insurance, architecture or engineering, or teaching as a salaried guest teacher. This doesn't cover everybody working in those sectors – you need to demonstrate that you are providing some form of expertise. 

If your work period is for less than 90 days, you will not need a visa.

Short-term work 

If you are doing any work in France, either for a French or non-French company, on a short term contract you employer will need to obtain a work permit, unless you fall into one of the exempt categories listed above.

As with posted workers and contractors, you will only need a visa if you will be working for more than 90 days.

Business trips/conferences

Travel for a seminar or trade show is one of the categories that is exempt from work permit requirements.

You will not need a visa if you are spending less than 90 days working, but business travellers who make frequent trips need to be careful to ensure that, in total, they are not spending more than 90 days out of every 180 within the Schengen zone. Holidays also count towards this total.

Musicians, artists and athletes

Sporting, cultural of scientific events and production of cinematic or audiovisual works are exempt from work permit requirements.

If you are spending less than 90 days you will not need a visa.

Like business travellers, musicians or artists who travel a lot for work need to be careful that they aren't exceeding the 90-day total in the Schengen zone. They also need to be aware that the requirements for all countries within the EU are now different, so a pan-European tour will involve checking every country's requirements.

Seasonal workers

Seasonal work such as grape-picking or working the ski season is popular with young people and France has a travailleur saisonnier (seasonal worker) visa specifically for this purpose, which allows six months work in every 12 – and is therefore a good option for people wanting to do more than 90 days at a time.

However this visa is linked to work so you will need to have a job offer before getting the visa, instead of turning up and then finding work. You can have more than one employer, but each employer must apply for a work permit.

Au-pair

Spending time working as an au pair is a popular option for young people as you can combine learning/perfecting French with paid work. 

Many non-EU citizens such as Americans use this route to come to France and there is a specific au pair visa, as most people come for more than 90 days.

READ ALSO How to become an au pair in France (and the things you should know in advance)

 

 

 

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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