The United Kingdom’s exit from the EU, or “Brexit”, has been effective since 1 January 2021. The “transitional period” provided for in the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU and the European Atomic Energy Community of 17 October 2019 ended on 31 December 2020.
If you are a British employer who has seconded (or wishes to second) one or more of your employees to French national territory, you are wondering about changes in the administrative situation of your seconded employees since 1 January 2021.
Let’s take a look at the situation of British employees seconded to France in terms of employment law and immigration law on 1 January 2021.
French employment law continues to apply to seconded British employees
In any event, the Brexit will not affect the employment law situation of your British employees posted to France, as the French regulations on posting (and their reforms) apply to workers posted to France, regardless of their nationality. As a result, employers (principals) of seconded employees will, except in special cases, have to make a declaration prior to the secondment and appoint a representative in France.
It should be noted that, with regard to secondment, the Ordinance of 20 February 2019, which came into force on 30 July 2020, transposing into French law the European Directive on the secondment of workers (EU) 2018/957, reduces the maximum duration of secondment in France. Indeed, the duration of the secondment of a foreign employee in France is limited to 12 months and cannot exceed 18 months (12 months renewable once for 6 months).
Developments in immigration law applicable to seconded British employees
British employees whose assignment began before 31 December 2020
As the United Kingdom is no longer a Member State of the European Union, the administrative situation of British employees under French immigration law has been significantly affected.
Article 5 of Decree no. 202-1417 of 19 November 2020 stipulates that, from 1 October 2021, seconded staff whose assignment began before 31 December 2020 must have a valid passport and a residence permit bearing the words “Withdrawal Agreement”, the duration of which will depend on the situation:
- If the seconded employee has resided in France for at least 5 years without being absent from French territory for a period exceeding 5 consecutive years, the residence permit will be valid for 10 years;
- If the seconded employee has resided in France for less than 5 years, his residence permit will be valid for between 1 and 5 years, depending on his situation.
Please note that applications for residence permits must be submitted online before 1 July 2021 via the dedicated portal. If your employee already has an optional residence permit (bearing the words “Citizen of the European Union”), he or she must also apply to change to a residence permit bearing the words “Withdrawal agreement” before 1 July 2021 via the same portal. This residence permit will be issued/changed free of charge.
In addition, article 30 of the Withdrawal Agreement exempts British employees from having to obtain a work permit for the duration of their period of secondment in France, as their residence permit bearing the “Withdrawal Agreement” will be considered as a work permit.
This article also provides for the maintenance of rights acquired in respect of previous periods as well as continuity of social security cover for employees until the end of their assignment, provided that their situation remains unchanged and their assignment has not been interrupted.
It should be noted that family members of British employees seconded to France will benefit from the same regulations.
Le salarié britannique dont la mission débute à compter du 1er janvier 2021
after 1 January 2021 are exempt from the requirement to obtain a short-stay visa if their stay/assignment lasts 90 days or less (out of a period of 180 days).
British employees whose assignment begins on or after 1 January 2021 and lasts longer than 90 days will be subject to the general regulations. A work permit must be obtained before arriving in France, which may take one of the following forms, depending on the case:
- Obtaining a long-stay visa valid as a residence permit ;
- Obtaining a residence permit;
- A document separate from the residence document (temporary residence document bearing the words “authorises its holder to work”, temporary work permit – APT).
ASD SPW is an online service that will enable you to manage your secondments from many European Union countries and store your documents directly in your personal online space using a platform specially designed for secondment of employees.
For all the complex issues relating to immigration law, our partners can assist you in all the necessary steps. Please do not hesitate to contact us to find out more.
