On March 1, 2011 the Federal Law N393 as of December 28, 2010 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of France on the temporary employment of citizens of one state on the territory of the other came into force.
The idea of the Agreement is to simplify the temporary work processes and procedures of obtaining work permits for citizens of the Russian Federation and the Republic of France (hereinafter Parts).
Among the achievements of the Agreement are:
- Quota is not needed while obtaining work permits;
- Employment center conclusion is not needed while applying for work permit (supplying information to the local Employment Centers on foreign labor hire intentions);
- French labor market situation’s observance is not needed while obtaining work permit documents for Russian citizens in the Republic of France;
- Citizens of the Republic of France are not obliged to be registered (put on migration register) at the place of their stay on the territory of Russia if the period of their stay does not exceed 10 working days;
- Documents required for work permits’ issuing on the territories of the Parts can be submitted to the appropriate authority located in the capitals of the countries of the Parts with no reference to the address of employer’s registration;
- Received work permits are valid on the whole territory of a host country covered by the Agreement.
The Agreement applies to the following categories of citizens of the Parts’ countries:
| № | Categories | Terms and Conditions |
| 1 | Accredited employees of representative and branch offices | Work permit is not required. Multiple entry visa is issued for the period of up to 1 year with the right to enter, stay and work on the territory of another country. By the end of the term of visa validity it can be extended repeatedly without leaving the country for the period of labor agreement validity but not more than 3 years. |
| 2 | Employees of one group of companies (a group includes a headquarter and companies directly or indirectly controlled by the headquarter in accordance with constituent documents) | Work permit is required for this category of citizens. Multiple entry visa is issued for the period of up to 1 year with the right to enter, stay and work on the territory of another country. By the end of the term of visa validity it can be extended repeatedly without leaving the country for the period of labor agreement validity but not more than 3 years. |
| Citizens of the country of one Part employed by the company located on the territory of the country of this Part who work for the same group of companies, located on the territory of another Part | Work permit is required. Multiple entry visa is issued for the period of up to 1 year with the right to enter, stay and work on the territory of another country. By the end of the term of visa validity it can be extended once for the period of not more than 6 months in case the necessity, determined by the initial purpose of visit. In case such foreign citizen signs the labor contract with a company of the same group on the territory of another Part before visa expiration date, his visa can be extended without leaving the country repeatedly for the period of labor contract validity but not more than 3 years. | |
| Citizens of the country of one Part having signed labor contract with the enterprise of the same group of companies located on the territory of the country of another Part | Work permit is required. Multiple entry visa is issued for the period of up to 1 year with the right to enter, constant stay and work on the territory of another country. By the end of the term of visa validity it can be extended repeatedly without leaving the country for the period of labor agreement validity but not more than 3 years. | |
| 3 | Chief executives of enterprises – citizens of the country of one Part, managing the enterprises on the territory of the country of another Part | Work permit is required for this category of citizens. Multiple entry visa is issued for them for the period of up to 1 year with the right to enter, constant stay and work on the territory of another country. By the end of the term of visa validity it can be extended repeatedly without leaving the country for the period of labor agreement validity but not more than 3 years. |
| 4 | Highly Qualified Specialists – citizens of the country of one Part, having signed labor contract with the enterprise located on territory of the country of another Part. Such employees should meet at least 2 of 3 of the below requirements:
| Work permit is required. Multiple entry visa is issued for them for the period of up to 1 year with the right to enter, constant stay and work on the territory of another country. By the end of the term of visa validity it can be extended repeatedly without leaving the country for the period of labor agreement validity but not more than 3 years. |
| 5 | Young specialists – citizens of the country of one Part at the age of 18 to 30, going to the country of another Part in order to improve their working prospective and broaden their knowledge of the society of another Part’s country due to obtaining experience of paid work on the basis of labor contract signed with the employer of another Part | Work permit is required. Multiple entry visa is issued for them for the period of up to 1 year with the right to enter, constant stay and work on the territory of another country. By the end of the term of visa validity it can be extended without leaving the country for the period of labor agreement validity but not more than 2 years from the date of arrival. Quota for such type of visas cannot exceed 500 per year. |
| 6 | Persons crossing the border with visa type “vacation and work” - citizens of the country of one Part at the age of 18 to 30, intending to visit a country of another Part in order to spend vacation with possibility of work | FMS does not comment the necessity of obtaining work permit for this category of citizens. Visa is issued for them of “vacation and work” type, multiple entry, valid up to 4 months (free of charge). Quota for such type of visas cannot exceed 500 per year. |
| 7 | Family members (spouses and under-age children) | Work permit is not required. Multiple entry visa is issued for them for the period of up to 1 year with the right to enter, constant stay and work on the territory of another country. By the end of the term of visa validity it can be extended repeatedly without leaving the country for the period of the employee’s labor contract validity but not more than 3 years. |
Visas for all the categories of citizens of the Republic of France, except for the citizens referred to the paragraphs 6 and 7 are issued on the basis of invitation letter with the purpose of trip “work for hire”, for Russian citizens. For Russian citizens – on the basis of work permit in the Republic of France.
Please consider the lists of documents, necessary for obtaining work permits and visas for both Parts.
Documents, required for processing of invitations letters for citizens of the Republic of France:
- Application form;
- Visa application form with color photo (30x40 mm);
- Copy of identification document;
- Copy of educational or professional certificate (if needed for specified categories within the Agreement);
- Copy of labor contract;
- HIV and infectious diseases tests (made in accordance with the requirements of the Agreement);
- Proof of state fee payment.
Documents, required for work permit for Russian citizens in the Republic of France:
- Application form in which employer undertakes to recruit citizen of Russia and pay tax in Bureau of immigration and integration of the Republic of France;
- Application for work permit – contract in the prescribed form;
- Job description;
- Copy of educational or professional certificate (if needed for specified categories with the Agreement);
- Employer’s registration number in trade register of the Republic of France;
- Statement from the Union of Social Security and family benefits, confirming the absence of debts on social security taxes;
- Documents, confirming that employer belongs to the same group of companies, if applicable.
Documents, required for visa’s extension for citizens of the Republic of France:
- 2 photos (30x40 mm);
- Application form;
- Passport;
- Copy of labor agreement;
- Proof of state fee payment.
Documents, required for visa’s extension for Russian citizens:
- 3 photos (35x45 mm);
- Passport copy and visa copy;
- Proof of residence in the Republic of France;
- Copy of labor agreement;
- Proof of State fee payment to the Bureau of immigration and integration of the Republic of France.
Both Parts expect any document processing period to be not longer than 1 month from the date of submission.
Full version of the Agreement is available here.
For additional information, please contact consultants of Confidence Group.
