05/06/2024
The question that inspired this post:
Asking as anonymous as future colleagues are group members:
I have received an offer for a CDI for 4 days + permission to continue my freelance project work 1 day / week.
The annual salary is going to be around 44k.
What visa type should I be applying under at the prefecture?
Currently an auto-entrepreneur with titre valid till 2026
Also will this visa limit my working rights to this company or I can change my job without hassle if I doesn't like it? Or new employer will need to vouch for me?
Thank you for your guidance and inputs
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Introduction
As a non-EU citizen currently working as an auto-entrepreneur in France, you may find yourself in a unique position when transitioning to a salaried employment contract.
If you have received an offer for a CDI (Contrat à Durée Indéterminée) for four days a week, with the flexibility to continue your freelance work one day a week, understanding the visa requirements and implications is crucial. Here’s a comprehensive guide to help you navigate this process.
Visa Type to Apply For
Given your situation, the most appropriate visa to apply for is the long-stay visa equivalent to a residence permit (VLS-TS), specifically the "salarié" visa. This visa is designed for foreign workers who have secured a permanent employment contract with a French company. Here are the key points to consider:
Eligibility: The VLS-TS "salarié" visa is intended for non-EU citizens who have a job offer from a French employer. Your employer must secure a work permit on your behalf before you can apply for this visa.
Duration: This visa allows you to stay and work in France for up to one year without needing to apply for a separate residence permit during the first year.
Application Process: You will need to submit your visa application to the French consular authorities in your country of residence. The application must include the work permit granted to your employer, along with other supporting documents related to your personal and professional situation.
Working Rights and Limitations
With a VLS-TS "salarié" visa, your working rights are tied to the specific job and employer that facilitated your visa. Here’s what you need to know:
Employer-Specific: The visa allows you to work only for the employer who secured your work permit. If you wish to change employers, the new employer must apply for a new work permit on your behalf.
Freelance Work: You can continue your freelance activities as an auto-entrepreneur, provided it remains secondary to your primary employment and does not interfere with your salaried job.
Changing Jobs: If you decide to change jobs, you will need to go through a process known as "changement de statut" to update your residence permit. This involves applying for a new work permit and potentially a new visa, depending on the circumstances.
Long-Term Considerations
Multi-Year Residence Permit: After the initial year, you can apply for a multi-year residence permit if you continue to meet the visa requirements. This permit can be valid for up to four years.
Permanent Residency: After five years of continuous residence in France, you may be eligible to apply for a permanent residence permit or even French citizenship, which would provide greater flexibility in your employment options.
Practical Steps
Secure a Work Permit: Ensure your employer has obtained the necessary work permit from the French authorities.
Prepare Your Application: Gather all required documents, including your employment contract, proof of qualifications, and personal identification.
Submit Your Application: Apply for the VLS-TS "salarié" visa at the French consulate in your home country.
Validate Your Visa: Upon arrival in France, validate your visa with the French Immigration and Citizenship Office (OFII) within three months.
Maintain Compliance: Adhere to the conditions of your visa, including any requirements related to your freelance work.
By following these steps and understanding the implications of your visa type, you can smoothly transition into your new role while continuing your freelance activities.
This approach ensures that you remain compliant with French immigration laws and can fully enjoy your professional journey in France.
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