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VISAS

Does France have a ‘golden visa’?

As Spain announces the scrapping of its 'golden visa' scheme, what's the situation in France for people who make a significant investment in the country?

Published: 12 October 2023 17:19 CEST
Updated: 9 April 2024 10:20 CEST
Does France have a 'golden visa'?
Photo: AFP

Several countries offer variations of a ‘golden visa’ scheme, whereby people can get residency or even citizenship if they have a lot of money and are prepared to invest it in the host country – although Spanish PM Pedro Sanchez has announced the end of his country’s visado de oro.

So what’s the situation in France?

Well, if you were hoping to avoid France’s famously cumbersome bureaucracy by splashing some cash around, then I’m afraid we are going to have to disappoint you.

Talent Passport

Probably the closest thing to a ‘golden visa’ is the Talent Passport visa – this is a multi-year visa that allows you to bring family members with you to France.

READ ALSO Talent-passport: The little known visa that could male moving to France a lot easier

It’s traditionally given to people who work in certain highly-skilled sectors such as scientific research, but there are also categories for people who intend to;

  • create a business or take one over
  • make a direct economic investment
  • engage in an innovative economic project recognised by a public body

However it’s important to note that if you intend to apply under these sectors, it’s not just about the money. You will need to have a detailed business plan and show exactly how you intend to invest – you can’t just buy an expensive property and describe that as your investment.

As Minister Delegate for Foreign Trade and Economic Attractiveness Franck Riester said in 2020: “The passeport talent offers the possibility for investors, entrepreneurs, and foreign executives to settle and work in France with their families.

“It is to encourage talents from all over the world to choose our country to develop growth and employment.”

Otherwise, you would normally apply for a visa based on your status – eg a worker or self-employed visa if you intend to work in France, or a visitor visa if you want to retire here. 

EXPLAINED What type of French visa do you need?

Financial requirements

Certain visa types do have financial requirements with them – if you’re not intending to work in France you will need to prove that you can support yourself and won’t become a burden on the French state.

However, we’re not talking big sums here – the guideline amount is the French minimum wage, known as the SMIC, so you will need to prove that you have income equivalent to the French minimum wage, or that you have savings equivalent to a year’s worth of minimum wage.

Minimum wage is regularly revised, but at the time of writing, the savings option adds up to about €16,000 – find full details HERE

You only need to prove that you have this amount or above, there’s no particular advantage in visa terms if you can demonstrate that you have 10 or 20 times that amount available.

Will my visa be processed faster if I have a high net worth?

No. 

READ ALSO How long does the French visa process take?

Will it help to hire a lawyer?

If you have the cash to do so, then hiring a lawyer can remove some of the administrative burden, but it won’t make any particular difference to your application.

The best way to save time is to make sure your application includes all the relevant documents in the correct format, so that authorities don’t need to request extra information. A lawyer can help with this, but you can do it yourself by becoming a visa nerd and closely reading all the rules and requirements.

READ ALSO Do I need a lawyer for my French visa or residency card application?

What about ‘golden’ citizenship?

France is fairly generous with its citizenship, but the application must be made based on either; residency in France (if you lived here for five years, or two years if you completed higher education); marriage to a French citizen; having a French parent; five years of service in the French Foreign Legion. 

READ ALSO The complete guide to getting French citizenship

Your application will be decided based on whether you fulfil the criteria. You do need to prove that you have a ‘stable and regular income’ in France, but again there is no particular advantage in having a lot of money as opposed to just having enough to support yourself.

You will also have to take part in an in-person interview (in French) where you demonstrate your knowledge of France, commitment to its values and genuine desire to become French.

The country of égalité does of course have its inequalities, and life is easier in all sorts of ways if you are wealthy – but don’t expect money to buy you a visa or French citizenship.

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VISAS

Ask the expert: What are the French immigration laws for ‘pacsé’ couples?

The French civil partnership known as Pacs is an alternative to marriage - but the situation is complicated if you're hoping to get a French visa or residency permit through being pacsé with a French or other EU national, as immigration lawyer Paul Nicolaÿ explains.

Published: 2 May 2024 11:59 CEST
Ask the expert: What are the French immigration laws for 'pacsé' couples?

In a 2018 judgement, the Conseil d’Etat, France’s highest administrative Court, put an end to a long-running controversy as to whether or not an individual, signatory of a civil partnership under French law (Pacs) with a European citizen could be considered as a family member of the latter and therefore benefit from favourable EU regulations on immigration.

One of the core principles of the European Union has always been to facilitate the movement of European citizens within the territories of the Member States. And obviously, expatriation is a much more attractive option if family members are allowed to remain united without time limit and with rights equivalent to those of local citizens.

These assumptions form the basis of the European directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

This regulation gives a precise definition of a “family member” that includes the spouse, the descendant, the ascendant in a state of dependance, and also “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State”.

In other words, if a civil partnership, implemented by an EU Member State such as France, confers on its signatories the same status and the same rights and obligations as a marriage contracted in the same country, then civil partners must be considered as spouses under the EU aforementioned directive, and therefore benefit from the right to move and reside freely within the EU.

Quite logically, the issue was raised concerning the French civil partnership implemented in 1999 and called Partenariat civil de solidarité (Pacs).

After all, Pacs and marriage have in common the same obligation of common life, a commitment to mutual material support and the same consequences on taxes. In the meantime, unlike marriage, Pacs contracts have little to no effect on parentage, nationality, property, and inheritance and are much easier to rescind.

READ ALSO What are the differences between Pacs and marriage?

The first answer given to that question by the French legislative power in 2006 was that Pacs and marriage were not equivalent.

In the following years however, several administrative Courts have ruled otherwise, in contradiction with French national law, and considered that the most important aspects of a Pacs contract make it roughly similar to a civil marriage.

The final word belonged to the Conseil d’Etat, France’s highest administrative Court, which in 2018 overturned this position and definitely ruled that, due to the essential differences between Pacs and marriage, only married spouses are considered family members under EU law.

In practical terms, the main outcome of this legal controversy is that non European nationals cannot apply for a French visa or residence card as family members of an EU citizen, simply due to the fact that they signed a Pacs contract with an EU national.

Of course, other solutions exist for them but, undoubtedly, they do not benefit from EU law and remain under a much less favourable status than spouses of EU citizens residing in France.

READ ALSO What type of French visa do I need?

Their main option is to apply for a residence card under the status vie privée et familiale (private and family life), but in this case préfectures require the proof of a stable and continuous common life of at least one year.

From our experience, we know that some préfectures agree to issue 5-year residence cards to third country citizens pacsé with a European citizen living in France, as family members of an EU citizen. Such applications are processed via ANEF now. However this cannot be considered a general rule and we strongly advise you to contact your local prefecture as soon as possible in order to know what you can and cannot do.

Paul Nicolaÿ is a French lawyer based near Paris and specialising in French immigration and nationality law – find his website here.

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