Remote Working in France and Visitor Visas
14th June 2023
What are the rules about remote working in France on a long-stay visitor visa?
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One of the most frequent enquiries we receive concerns remote working in France, whether for an existing employer or as a freelancer.
Several countries in Europe have introduced 'digital nomad' visas, enabling non-EU nationals to obtain temporary residency and work remotely for a foreign company or client.
The terms of such visas vary, but they normally require the applicant to prove that they will only work at a distance for a foreign company or client, that they have a minimum level of income, and that they have health insurance.
Unfortunately, however, although it is under consideration, France does not currently offer this type of visa.
In order to work in France you need to apply for one of the several types of visa that are available, either for running a business or as an employee.
It was therefore with some interest that we recently received advice from the consulate in London that seems to contradict this position.
In response to an enquiry made to them the consulate stated:
"The beneficiary of a long-stay visitor visa cannot work in France under French labour law (no remuneration, canvassing, interviews, customer appointments in France, etc.)."
"On the other hand, teleworking remains authorised when it is a foreign contract, for a foreign company abroad, without links with France and therefore, without links with French labour law..... In conclusion, that the whole of the activity in France is exclusively foreign."
In providing that advice the consulate did not cite any relevant regulations and it illustrates a point that is endemic to all immigration procedures, that the policy guidance is so sparse a great deal is left to the discretion of local consulates.
We suspect that if the same enquiry had been sent to other consulates around the world the replies would have varied.
The problem for anyone wishing to act on such advice is twofold. First, it is by no means clear the advice is one adopted by consultates in other countries, or that it is even a policy adopted by the agents who process the visa applications in the UK. An applicant would need to declare on their visitor visa application their intention to work remotely in France. However, long-stay visas are issued expressly on condition that no professional activity is undertaken and so there is the risk that the application would be refused on the basis that either a business or employee visa is required.
The second problem is just how it is made legally compliant once in France, because if you are engaged in a professional activity you are obliged to pay social security contributions on your income. Without being registered in France with a social security number, obtained from either having a work permit or being business registered, that not possible. Neither a work permit nor business registration can be obtained if you only hold a visitor visa.
Despite the advice provided by the consulate, if you do propose to work remotely in France, it might be best to start off on the right foot by making a relevant employee or business long-term visa application.
Alternatively, come to France on a long-stay visitor visa and when the time arrives for renewal of the visa, make an application for change of status.
If you do wish to use the advice provided by the consultate, such a consent would not be included on a visitor visa. You could endeavour to obtain an accompanying letter which makes clear the permitted activity, which you can then use to present to the business registration and tax authorities in France, but we doubt such a letter would be forthcoming.
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