Section 6: Foreign nationals exempt from applying for a residence permit

Articles in this section · 4

Article R431-16

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

Updated 7 Nov 2023

The following are exempt from applying for a residence permit:
1° Members of diplomatic and consular missions accredited in France, their spouses, their ascendants and their minor or unmarried children under the age of twenty-one living under their roof;
2° Foreigners staying in France for a maximum of three months under cover of their travel document bearing, where applicable, a visa ;
3° Foreign nationals staying in France on a visa for a period of more than three months and less than or equal to twelve months bearing the words "exemption temporaire de carte de séjour" ("temporary exemption from residence permit requirement"), during the period of validity of this visa;
4° Foreign nationals staying in France on a visa exempting them from requiring a residence permit, for a maximum period of twelve months and bearing the words "vacances-travail" ("working holiday"); 5° Foreign nationals, aged between 17 and 30, staying in France for voluntary work purposes under cover of a visa exempting them from a residence permit for a period of more than three months and less than or equal to twelve months and bearing the wording "volunteer"; the applicant must produce a voluntary work contract as part of the European Voluntary Service mentioned in 2° of II of article L. 120-1 du code du service national et, s'il est âgé de moins 18 ans, fournir une autorisation parentale pour le séjour envisagé;
6° Les étrangers, conjoints de ressortissants français, séjournant en France sous couvert d'un visa pour un séjour d'une durée d'une supérieure à trois mois et portant la mention " vie privée et familiale ", délivrée en application de l'article L. 312-3 for a period of one year;
7° Foreign nationals referred to in article L. 421-1 staying in France to work under an open-ended employment contract on a visa for a stay of more than three months and no more than one year, bearing the word "employee", for the period of validity of this visa;
8° Foreign nationals referred to in article L. 421-3 staying in France to work under a fixed-term employment contract or in the cases provided for in articles L. 1262-1 and L. 1262-2 of the Labour Code under a visa for a stay of more than three months and equivalent to the duration of the employment and bearing the wording "temporary worker", for the duration of the validity of this visa;
9° Foreign nationals mentioned in article L. 421-5 staying in France on a visa for a period of more than three months and no more than one year and bearing the words "entrepreneur/liberal profession";
10° Foreign nationals mentioned in articles L. 421-9 to L. 421-11, L. 421-13 to L. 421-21, L. 421-22 and L. 421-23 staying in France under a visa for a stay of more than three months and no more than one year and bearing the words "talent passport", during the period of validity of this visa;
11° Foreign nationals mentioned in articles L. 421-26 and L. 421-28 staying in France on a visa for a stay of more than three months and no more than one year and bearing the words "salarié détaché ICT" or, where applicable, "salarié détaché ICT (famille)";
12° Foreign nationals mentioned in articles L. 421-30 and L. 421-32 staying in France on a visa for a period of more than three months and no more than one year and bearing the words "trainee ICT" or, where applicable, "trainee ICT (family)";
13° Foreign nationals referred to in Articles L. 422-1, L. 422-2 and L. 422-5 staying in France on a visa for a period of more than three months and no more than one year and bearing the wording "student" or "student-mobility programme", during the period of validity of this visa;
14° Foreign nationals mentioned in article L. 422-14 staying in France on a visa for a stay of more than three months and no more than one year and bearing the words "seeking employment or setting up a business", for the duration of the validity of this visa;
15° Foreign nationals, spouses of foreign nationals, staying in France on a visa for a stay of more than three months and bearing the words "private and family life", issued pursuant to articles L. 423-14 or L. 423-15, for one year;
16° Foreign nationals referred to in article L. 426-20 staying in France on a visa for a stay of more than three months and no more than one year and bearing the word "visitor", for the duration of the validity of this visa;
17° Foreign nationals mentioned in article L. 426-23 staying in France on a visa for a stay of more than three months and no more than one year and bearing the wording "trainee", during the period of validity of this visa;
18° Foreign nationals mentioned in article L. 426-22 staying in France on a visa for a stay of more than three months and no more than one year and bearing the wording "young au pair", during the period of validity of this visa.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

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

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

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

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More