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France’s Talent Passport: The Key For Britons to Work in the EU after Brexit

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More than 150,000 British citizens have moved to France the UK, making it one of the most popular European destinations for British emigrants after Spain

​​Britain’s close relationship with its neighbour France, despite having departed the EU, is still strong in terms of people flowing between the countries. More than 10 million visit the country annually.

Since January 1st, European rights have no longer applied in the UK. From that date onwards, the rules governing the movements of UK citizens and their family members have been different. 

This blog will explain the options that are available to British citizens who wish to move to France from the UK after Brexit.

Move to France with a Talent Passport:

There are several types of talent passport that allow you to move to France from the UK.

People with certain business, creative, or academic skills, or a proven reputation in their field. It can be science, literature, art, intellect, education, or sports. They can apply for a up to four-year work visa via the “passeport talent” programme.

Businesses can use the passeport programme to bring non-EU employees to France.

However, the programme does not require them to have a job waiting for them. 

It is possible for holders to seek employment or start their own business after arriving in the country. The immediate family of the talent passport holder may also live in France. 

Britons can move to France from the UK and create their own business by applying for a Talent Passport Visa.

Like most visas in France, the first step is having a passport that’s been issued within the past 10 years. It must also have at least two blank pages. 

It must have at least three months of validity. All pages must be scanned including those with visas, entry and exit stamps. They must also provide three passport photographs.

With these essential documents, the applicant must show their capability to execute the planned commercial activity. This includes degrees, diplomas, professional qualifications and employment certificates.

Document Checklist:

  • Copy of a Master’s level degree, or any document proving five years of professional experience.
  • A clean criminal record from the UK.
  • Approval from the Ministry of the Economy that the buisiness is genuine.
  • Proof of company registration, like a certificate of incorporation, or registration with social security if self-employed.
  • A completed “retailer, craftsperson and/or manufacturer” form.
  • Proof of sufficient income to support your lifestyle and expenses. This can be a pension certificate or three previous bank statements. 

You will also need to provide a written presentation of your project, your business plan and a multi-annual estimated budget or balance sheet. A good business plan will have details about potential customers, the business structure and the product or service. 

Generally speaking, we recommend going deeper when planning to move to France from the UK. You should have a strong understanding of potential licenses and permits, property taxes and monthly rent, security deposits for commercial properties and even the possible management team. 

You may also need additional documents depending on the type of business you plan to create. For example, opening a French subsidiary of your British company, creating and establishing a foreign legal person in France or becoming self-employed

The process of starting a business:

Under French law, there are four options for Britons to create companies in the country. 

1 – Create a business in your own name – a commercial lease or sublease agreement that mentions the activity.

2 – Form a company under French law – a commercial lease agreement that mentions the activity and a draft of the Articles of Association with the proposed share capital distribution.

3 – Start a business under French law that’s a foreign subsidiary – Proof of appointment or a letter of intent from the body competent for the appointment, the Articles of Association of the legal person under foreign law, a commercial lease agreement that mentions the activity and the company’s draft Articles of Association with the proposed share capital distribution.

4 – Creating an establishment of a foreign legal person – Proof of appointment or a letter of intent from the body competent for the appointment and the Articles of Association of the legal person under foreign law.

Each of these options requires the following:

A letter showing the guarantee from a French-based credit institution or approved insurance company as a guarantor. You can also show proof of a credit balance from an account in the applicant’s name at a French credit institution.

Lease management in the applicant’s name: A copy of the lease management agreement or contract, an extract from the Trade and Companies Register or the Trade Register of the previous operator and a copy of the lease with the owner’s name.

Proof of Funds and Finances when moving to France

Finally, the applicant will need proof that they can invest at least €30,000 into the business project. This includes contributions to the company’s account as well as financial projections.

Proof of sufficient financial resources for support your and your family’s lifestyle. This must be a monthly income that’s at least equivalent to the French minimum wage.

Fortunately for Britons, they can visit France before making a big investment decision without applying for a visa. UK residents will still be able to travel to France and other Schengen Area countries for up to 90 days within a 180-day period without a visa. Australia, Japan, and the United States are among the non-EU/EFTA countries that currently do not require a French visa for short stays. 

If you plan to stay in France for more than 90 days, you must apply for a French residence permit unless your work visa doubles as your residence permit. 

However, if you don’t plan to create your own business, you must have found work in France to relocate legally for employment. 

To do this, you can apply for a Talent passport for the employees if you meet the requirements. If not, your employer must apply to the regional division of the French Ministry of Labor for a work permit. Once approved, the French Office of Immigration and Integration (OFII) contacts the relevant French Embassy in the UK so that you may begin your visa application.

Your work visa duration is determined by the length of your employment contract. There are many jobs in France, so this could be a viable way to enter the country.

Conclusions and reflections

There is a great demand for talent passport holders in France. The programmes were created to draw in foreign talent and save and invest money in the country for future investment.

So, whether you create your own business or plan to apply for a job in the country, the pathway to success is enhanced with a lawyer. A legal professional can help you understand your options, navigate the paperwork and accelerate the process. Speak with the team at Lexidy LegalTech Boutique today!

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