French Desk

1. PASSEPORT TALENT: FRANCE IS WELCOMING FOREIGN TALENT

Talent mobility is a key element for companies and national economies by which to measure attractiveness. For talents, quality of life, social relations at work, integration, future prospects and the family environment influence the choice of destination for international mobility.

In order to make France a welcoming place for investors, entrepreneurs, start-ups and international talents who wish to set up their activities there, work there and establish themselves permanently there with their families, the country has implemented several favorable measures designed to welcome foreign talent, directors and employees, as well as their families.

This includes measures such as the creation of a specific visa/permit for foreigners who have a business project that is likely to contribute to the development of France : the “Passeport Talent” residence permit.

The first results are already there: with 1,468 investments in 2019, France is ranked first among the most attractive European countries.

There are ten main resident permit categories which allow extended establishment in France:

1. Qualified employee/innovative enterprise

2. Employee on mission in an international group

3. Researcher in a public or private research organization

4. Highly qualified employee (EU Blue Card)

5. Business creator

6. Investor (direct economic investment)

7. Innovative economic project recognized by a public body

8. Company director in France

9. Person with a national or international reputation

10. Artistic and cultural profession

The advantages of this resident permit are the following:

• Valid for 4 years, and is renewable for the same duration

• Extended to immediate family members: spouses also receive residence permits authorizing them to live and work in France. Children under 18 are authorized to live in France as well

• No additional work permit is required

• Free access to high standard public education and healthcare system

• Free mobility within Schengen Area (26 countries) for a period of up to 6 months per year

• Pathway to obtaining permanent resident or citizenship after 5 years of residence in France

Depending on the residence permit requested, the conditions to be fulfilled will be different, so it is important to be well informed before taking any steps.

2. SETTING UP BUSINESS IN FRANCE

Companies or individuals that have very active trade relations with France may want to go one step further by establishing a company in France. In this respect, France is one of the easiest countries in Europe to do business thanks to the fast business incorporation procedure.

The process of entering new business markets may seem difficult, but with the support of experts specialized in French law, you can set up your business in France and access to the European market.

Before jumping right into launching a new business, preventative and proactive legal preparation is needed;

Compared to other countries, French Law does not require a French citizen to be a shareholder of the company. Therefore, a Turkish real person or legal entity can own the entire share capital of the company. In addition, you don’t need to be a resident or an EU citizen to become a French business owner. Even if you live and work outside the EU, you can still set up a company in France by simply registering a business address in France. That could mean opening a virtual office.

According to the field of activity and the amount for share capital, it is important to determine the most suitable company structure for your project. The choice of company structure also has impacts on the tax and social security systems of the income derived from the activity.

There are different types of company structures in France:

- Branch Office

- Liaison or Representative Office

- Sole Proprietorship (entreprise individuelle)

- Limited Liability Company (SARL - société à responsabilité limitée)

- Simplified Stock Corporation (SAS - société par actions simplifiées)

- Joint Stock Company (SA - société par actions)

The formalities can vary considerably depending on the choice made and the mode of creation of the activity. Therefore, in determining these issues, we advise you to take legal support.

More generally, the establishment includes the following steps:

1) Drafting the company articles of association

2) Appointing company directors

3) Appointing statutory auditors

4) Opening a bank account

5) Depositing the capital of the company

6) Seeking business premises and a business address agreement for the company’s registered office, a commercial lease or the acquisition of real estate.

7) Registering the articles within a month of their adoption with the tax authorities at the registered office’s location

8) Registering the company articles with the corporate tax authorities of the registered office’s location

9) Publishing the notification of establishment in a legal gazette.

10) Registering the employee with the social security system

11) Complete formalities relating to hiring each employee with URSSAF by using a special form

12) Appointing an accountant

Privileged visa and long-term residence rights may be granted to company founders, depending on the type of company established and the investment amount.

3. APPLICATION FOR FRENCH CITIZENSHIP

If you want to live in France long term or even permanently, you may be eligible to apply for French citizenship after five years of living in France.

The criteria and conditions for getting a French citizenship are listed in the French Civil Code. The main condition is: you need to have lived permanently and continuously in France for 5 years. In this process, you also have to prove your strong commitment to the values and symbols of French Republic.

The time period stated above reduces in certain cases such as marriage to or a parent of a French national. It is best that you contact a lawyer to discuss about the most relevant category for your own situation.

There are several ways to obtain citizenship according to French law.

1.By Decree

- Residence in France

- Child born in France from foreign parents

2.By Declaration

- French Citizenship through Marriage

- French Nationality through Birth

- French citizenship through family descent

Citizenship is a fully discretionary decision from the French administration; therefore, even if all the above conditions are met, your application might be rejected. For this reason, taking legal support in the preparation of your citizenship application file will contribute to the successful conclusion of the application.