Are you a foreigner in France with special skills or means and you contribute to the economic and social attractiveness of France while benefiting, for yourself and your family, from a multi-year residence permit?
The MALEKIAN Law Firm can assist you in preparing your application for a talent passport residence permit or in challenging the rejection of your talent passport residence permit application with the administration or before the competent court.
What is a request for a talent passport residence permit?
The multi-year residence permit talent passport was created to simplify the settlement in France of foreigners who meet certain specific conditions. The application for a talent passport residence permit is made before the prefecture of the place of residence of the interested party.
What are the conditions to be met for a talent passport residence permit application? Depending on the reason for the request for a talent passport residence permit, the conditions to be met may be different:
Conditions for a talent passport residence permit “employee of an innovative company”
- The applicant for a talent passport residence permit as an employee of an innovative company must have a contract of employment of more than three months with an innovative company established in France;
- The job concerned must be directly linked to the research and development project of the company;
- He/she must be able to justify an annual gross salary at least equal to twice the annual minimum wage.
If the applicant meets all the required conditions, he/she may be issued, depending on his/her file, a talent passport residence permit with the mention “talent passport” “Qualified Employee/Innovative Company”.
Conditions for a talent passport residence permit “employee on assignment”
- The applicant for a talent passport residence permit as an employee on assignment must have been employed for at least 3 months by his/her company belonging to an international group of companies and is required to perform a mission in a French company of the same group. He/she must have a contract of employment of more than three months, concluded with the company established in France;
- He/she must be able to justify an annual gross salary at least equal to 1.8 times the annual minimum wage.
If the applicant meets all the required conditions, he/she may be issued, depending on his/her file, a talent passport residence permit with the mention “talent passport” “Employee on Assignment”.
Conditions for a talent passport residence permit for highly qualified employees (European Blue Card – CBE)
- The applicant for a talent passport residence permit for highly qualified employees must hold a degree certifying at least 3 years of higher education issued by a recognized higher education institution in France or provide evidence of 5 years of professional experience of a comparable level;
- He/she must have a contract of employment of more than one year;
- He/she must also be able to justify an annual gross salary at least equal to 1.5 times the annual minimum wage set annually by order of the Minister responsible for immigration.
If the applicant meets all the required conditions, he/she may be issued, depending on his/her file, a talent passport residence permit with the mention “talent passport” “European Blue Card”.
Conditions for a talent passport residence permit “researcher”
- The applicant for a talent passport residence permit as a researcher must be responsible for a research or teaching mission at a higher level within the framework of a host agreement whose duration cannot exceed 4 years. He/she must attach the host agreement to his/her residence permit application. This agreement, entered into with a public or private organization with a research or higher education mission, approved for this purpose, attests to the researcher’s status as well as the purpose and duration of his/her stay in France.
- The applicant must hold a degree at least equivalent to a master’s degree or have professional experience of 5 years of a comparable level;
If the applicant meets all the required conditions, they may be granted a talent passport residency permit with the mention “entrepreneur”.
Conditions for a talent passport residency permit “innovative economic project”:
- The applicant must be able to justify an innovative economic project that they wish to develop in France.
- The project must be recognized in advance by a public organization. If the applicant meets all the required conditions, they may be granted a talent passport residency permit with the mention “innovative economic project”.
Conditions for a talent passport residency permit “investor”:
- The applicant for a talent passport residency permit investor must have a lasting interest in the beneficiary company. The investment in share capital (participation of more than 10%, real estate investments, capital increases);
- Reinvested profits (undistributed portion of the operational results of subsidiaries and other participations);
- Proof of creation or preservation or commitment to create or preserve employment within four years following the investment in French territory (letter of commitment with annual job creation and investment plan from abroad).
- Proof of personal management of a company or ownership of at least 30% of the capital of a company.
- Proof of realization or commitment to make a direct investment in tangible or intangible fixed assets in France of at least €300,000.
If the applicant meets all the required conditions, they may be granted a talent passport residency permit with the mention “investor”.
Conditions for a talent passport residency permit “performing artist”:
For salaried artists:
- The applicant for a talent passport residency permit performing artist exercises their activity in France in the scientific, literary, artistic, intellectual, educational or sports fields;
- The duration of the exercise of the profession of performing artist in France must be more than 3 months;
- The foreigner justifies one or more work contracts declared by their employer(s) with the documents justifying the company’s situation, in particular the entrepreneur’s licenses when required.
- The foreigner presents documents justifying their personal and professional situation.
- The applicant must justify resources, mainly from their activity, for the period of stay envisaged, for an amount at least equivalent to 70% of the legal minimum wage in France for a full-time job. For non-salaried artists:
- The applicant for a talent passport residency permit performing artist exercises their activity in France in the scientific, literary, artistic, intellectual, educational or sports fields;
- The duration of the production or representation engagement as a performing artist in France must be more than 3 months;
- The foreigner presents documents justifying their personal and professional situation as an artist or author of literary or artistic works and their commitments in France.
- The applicant must justify resources, mainly from their activity, for the period of stay envisaged, for an amount at least equivalent to 70% of the legal minimum wage in France for a full-time job. If the applicant meets all the required conditions, they may be granted a talent passport residency permit with the mention “performing artist”.
Conditions for a talent passport residency permit “corporate officer”:
- The foreigner justifies a work experience as an employee or corporate officer in a company or establishment of the same group for at least 3 months;
- The foreigner must hold a mandate that allows them to hold the position of legal representative on French territory for that establishment;
- The applicant must justify resources, mainly from their activity, for the period of stay envisaged, for an amount at least equal to 3 times the legal minimum wage in France for a full-time job. If the applicant meets all the required conditions, they may be granted a talent passport residency to the legal minimum wage in France for a full-time job.
If the applicant meets all the required conditions, they may be issued a talent passport residence permit with the mention “national or international renown.”
What are the reasons for refusal of a talent passport residence permit application?
- The prefecture may refuse the talent passport residence permit application if one or more of the specific conditions (mentioned above) necessary for the application are not met.
- The inauthenticity of the requested documents
- If the applicant presents a threat to public order How can one contest a refusal of a talent passport residence permit application? A recourse against the refusal of a talent passport residence permit application can be made at two levels: a gracious administrative recourse and/or a contentious recourse to the competent administrative court.
