Decree No. 2026-1001, published on 29 October and effective from 30 October 2026, introduces a range of changes to corporate immigration in France. Intra-company transfers, services provided by UK companies, changes of employer: what are the implications for businesses and their foreign employees?
1. “Temporary Worker” status (Article 1)
A “Temporary Worker” residence permit cannot be withdrawn on the grounds of involuntary unemployment for a total period of three months during its validity. If the holder finds a new job during the relevant period of unemployment, they are allowed to remain in France while their new work permit application is being processed.
In practice: this protection allows employees who involuntarily lose their jobs to retain their residence permits within the limits set out in the decree. A new work permit is still required for the new position.
2. Processing times before an application is deemed refused (Articles 2 to 5)
Until now, the authorities have generally had four months to process a residence permit application before the absence of a decision is treated as an implicit refusal. The new deadline is 90 days from the date a complete application is submitted. For complex cases, this period may be extended by 30 days.
The 90-day deadline does not apply to the following residence permit categories: EU Blue Card under EU mobility arrangements, Talent – Researcher, and Talent – Family of an EU Blue Card holder.
The 30-day extension cannot apply to the following residence permit categories: EU Blue Card, Researcher, Talent – Family of an EU Blue Card holder, ICT (all categories), Seasonal Worker, Student, Job Search / Business Creation, Young Au Pair, and Trainee.
In practice: employers should establish a timeline based on the actual submission date and set up reminders to track each application.
3. Talent – EU Blue Card (Articles 6 to 9)
Intra-EU mobility
Individuals who already hold an EU Blue Card issued by another EU country will be able to apply more easily for an EU Blue Card in France: the required period of residence in the other EU country is reduced from 18 to 12 months, and to six months for a second move within the EU.
Employer non-compliance
Applicants who lose their jobs as a result of their employer’s failure to meet its legal obligations are granted six months from the prefect’s notification to find a new job, extended where applicable until the end of their unemployment insurance entitlement. They are issued a document confirming their continued right to stay and authorising them to work.
The breaches covered include failures to comply with obligations relating to social security, taxation, workers’ rights and working conditions, as well as certain criminal convictions relating to illegal employment.
4. Intra-Company Transfer (ICT) status (Articles 10 and 11)
“ICT” refers to residence permits for intra-company transfers. The decree covers all four ICT categories: ICT posted employee, mobile ICT posted employee, ICT trainee and mobile ICT trainee.
A minimum gross annual salary requirement will apply, set at the reference average annual salary established by ministerial order.
The minimum amount has not yet been published. Our working assumption is a threshold of €39,582 gross per year, based on the reference salary used for the EU Blue Card.
We will keep you informed as soon as this information becomes available.
In practice: companies planning intra-company transfers should anticipate this new salary requirement. For pending applications and upcoming renewals, the rules applicable to each case will need to be checked. Please feel free to contact us!
5. Provision of services by UK companies (Article 13)
The decree introduces a work permit exemption for certain employees temporarily posted to France by a company established in the United Kingdom to provide services.
All of the following conditions must be met:
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- The posting must be for the provision of services under a commercial contract between the UK company and the French company.
- The total duration must not exceed 12 months.
- The relevant sector must appear on a list to be established by ministerial order, which has not yet been published.
- The employer must be established in the United Kingdom.
- At the time of the visa application, the employee must have worked for the UK company for at least 12 months, providing the same type of services.
- The employee must have at least three years of professional experience in the relevant sector, a university degree or a document demonstrating an equivalent level of knowledge, and any specific qualifications required for a regulated profession.
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In practice: before considering this exemption, companies will need to check the eligibility of both the services and the employee, and confirm that the ministerial order listing the eligible sectors has been published. Contact us to discuss your specific circumstances!
6. Changing employer after obtaining an initial work permit (Article 14)
Employees can now change employer, and therefore apply for a new work permit with a new company, after six months rather than the previous 12 months.
This change applies outside situations of involuntary unemployment and introduces a new exception where the employer has seriously breached the terms of the employment relationship.
In practice: in the situations concerned, the six-month period will allow employees to consider changing employer sooner. A new work permit will still be required for the new position.
What should employers do?
In our view, points 4 and 5 are the most significant developments introduced by this decree.
Identifying the transfers and assignments affected, adapting application tracking processes and anticipating the new salary requirements: this decree calls for a review of corporate immigration practices and also opens up opportunities for mobility from the UK to France.
Some details remain subject to clarification by ministerial order. Oui Immigration is monitoring these developments and will keep you informed of their practical implications.
Do you have questions about the implications of this immigration decree, or any other aspect of immigration to France or elsewhere in the world? Contact us to discuss: oui@oui-immigration.com
