Chapter VI: PROVISIONS APPLICABLE IN NEW CALEDONIA

Articles in this section · 2

Article R286-2

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 7 Nov 2023


For the application of this book in New Caledonia:
1° References to the Prefect are replaced by references to the High Commissioner of the Republic in New Caledonia;
2° References to the benefits mentioned in Articles L. 160-8 and L. 160-9 of the Social Security Code are replaced by references to sickness and maternity benefits;
3° Article R. 210-1 reads as follows:


"Art. R. 210-1.-The provisions of articles R. 141-1 to R. 141-13, R. 142-26 to R. 142-32, R. 142-41 and R. 142-42 are applicable to foreign nationals whose situation is governed by this book. ";


4° In article R. 231-3, the words: "and the nationals mentioned in article L. 200-3" are deleted;
5° The second, third and fourth paragraphs of article R. 233-1 read as follows:
"The health insurance mentioned in article L. 233-1 must cover sickness and maternity insurance benefits.


"Art. R. 233-4.-The residence permit for European Union citizens subject to transitional measures by their accession treaty who wish to work, as mentioned in article L. 233-4, is issued under the conditions and for the duration set out in article R. 233-11. Depending on the case, it will bear the words: "EU citizen-All professional activities" or: "EU citizen-All professional activities, except salaried employment";


7° Article R. 233-5 reads as follows:


"Art. R. 233-5.-The residence permit for family members of foreign nationals mentioned in article R. 223-4 who are citizens of the European Union subject to transitional measures or of a third country is issued under the conditions and for the duration set out in articles R. 233-14 or R. 233-15 depending on their nationality. Depending on the case, it bears the words: "EU citizen - Family member - All professional activities" or: "EU citizen - Family member - All professional activities, except as an employee".All professional activities, except salaried"";


8° In article R. 233-6, the words: "French labour market" are replaced by the words: "New Caledonian labour market" and the words: "without a work permit being required" are deleted;
9° In article R. 233-7:
a) The third paragraph reads as follows:
" 2° If they find themselves in duly recorded involuntary unemployment after having been employed for more than one year and have registered as a job seeker with the locally competent employment service;"
b) The last paragraph is replaced by a paragraph worded as follows:
"They retain their right of residence for six months if they are in duly recorded involuntary unemployment at the end of their fixed-term employment contract of less than one year, or if they are involuntarily unemployed in the first twelve months following the conclusion of their employment contract and are registered as jobseekers with the locally competent employment service. "10° In article R. 233-11:
a) In the first paragraph, the words: "EU/EEA/Swiss citizen-All professional activities" are replaced by the words: "EU citizen-All professional activities";
b) In the second paragraph, the words: "six months longer than the employment contract concluded" are replaced by the words: "equivalent to the employment contract concluded in accordance with local regulations";
c) The fourth and fifth paragraphs are worded as follows:
" 1° For salaried workers, a valid work permit when required by local regulations or, in other cases, a certificate of employment;
" 2° For self-employed workers, proof of registration with the social protection scheme applicable to them. 233-14 and R. 233-15, the words: "Carte de séjour de membre de la famille d'un citoyen de l'Union/ EEE/ Suisse-Toutes activités professionnelles" are replaced by the words: "Citoyen UE.- - Membre de famille.Family memberAll professional activities";
14° In article R. 234-1, the words: "ten years" are replaced by the words: "twenty years" and the following words are added to the last paragraph: "or: "EU citizen - Permanent residence - All professional activities except salaried employment".All professional activities, except as an employee";
15° In article R. 234-2, the words: "Directive 2004/38/EC-Permanent residence-All professional activities" are replaced by the words: "EU citizen-Permanent residence-All professional activities" and the third paragraph is worded as follows: "By way of derogation from the first paragraph, the residence permit issued to family members of a national of a Member State of the European Union subject to transitional arrangements under its accession treaty shall bear the words: "EU citizen - Permanent residence - All professional activities" or: "EU citizen - Permanent residence - All professional activities, except as an employee". ";
16° In article R. 237-1, the reference to article R. 431-22 is deleted;
17° In article R. 264-1, the references to articles R. 711-3 to R. 711-5, R. 744-13, R. 753-3 and R. 754-13 are deleted;
18° In article R. 270-4, the reference to article R. 812-1 is deleted.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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