Section 1: Work permit categories and authorised professional activities

Articles in this section · 6

Article R5221-2

French Labour CodeIn force

Updated 2 Nov 2023

The work permit provided for in Article R. 5221-1 is waived for:

1° Nationals of the Member States of the European Union, the other States party to the Agreement on the European Economic Area and the Swiss Confederation, under the conditions set out in Articles L. 233-1 and L. 233-4 of the Code de l'entrée et du séjour des étrangers et du droit d'asile (Code on the Entry and Residence of Foreigners and the Right of Asylum), as well as members of their families holding a residence permit bearing the words "family member of a Union citizen", pursuant to article L. 233-5 of the same code;

2° An employee seconded under the conditions set out in articles L. 1262-1 and L. 1262-2 of this code and working regularly and habitually for an employer established in the territory of a Member State of the European Union, another State party to the Agreement on the European Economic Area or the Swiss Confederation;

3° The holder of the residence permit referred to in article L. 414-10 du code de l'entrée et du séjour des étrangers et du droit d'asile ; </p><p>4° Le titulaire de la carte de séjour temporaire ou pluriannuelle portant la mention " vie privée et familiale ", délivrée en application des articles L. 423-1, L. 423-2, L. 423-7, L. 423-13, L. 423-14, L. 423-15, L. 423-21, L. 423-22, L. 423-23, L. 425-1, L. 425-6, L. 425-9, L. 426-5, L. 433-4, L. 433-5 and L. 433-6 of the same code or the long-stay visa valid as a residence permit mentioned in 6° and 15° of article R. 431-16 of the same code;

5° The holder of a temporary residence permit bearing the wording "private and family life", issued pursuant to article L. 426-12 of the same code from the first day of the second year following its issue, or in application of article L. 426-13 provided that they have been residing in France for at least one year;

6° The holder of a multi-annual residence permit bearing the wording "talent passport" issued in application of articles L. 421-9, L. 421-11, L. 421-13, L. 421-14, L. 421-15, L. 421-20 and L. 421-21 of the same code or the long-stay visa valid as a residence permit mentioned in 10° of article R. 431-16 of the same code;

7° The holder of a multi-annual residence permit bearing the wording "talent passport (family)" issued in application of articles L. 421-22 and L. 421-23 of the same code or the long-stay visa valid as a residence permit mentioned in 10° of article R. 431-16 of the same code; </p><p>8° The holder of a multi-annual residence permit bearing the words "salarié détaché ICT" or "salarié détaché mobile ICT" issued respectively pursuant to articles L. 421-26 and L. 421-27 of the same code or the long-stay visa valid as a residence permit mentioned in 11° of article R. 431-16 of the same code;

9° The holder of a residence permit bearing the words "salarié détaché ICT (famille)" or "salarié détaché mobile ICT (famille)", issued respectively in application of articles L. 421-28 and L. 421-29 of the same code or the long-stay visa valid as a residence permit mentioned in 11° of article R. 431-16 of the same code;

10° The holder of a temporary residence permit marked "ICT trainee (family)" issued pursuant to article L. 421-32 of the same code or the long-stay visa valid as a residence permit mentioned in 12° of article R. 431-16 of the same code;

11° The holder of a temporary or multi-annual residence permit bearing the wording "student" or "student-mobility programme", as well as, if they have been admitted to another Member State of the European Union, the holder of a mobility notification, issued in application of articles L. 422-1, L. 422-2, L. 422-5, L. 422-6 and L. 433-4 of the same code or the long-stay visa valid as a residence permit bearing the wording "student" or "student-mobility programme" mentioned in 13° of article R. 431-16 of the same code, for a secondary salaried professional activity, up to a limit of 60% of the annual working time (964 hours);

12° The holder of a temporary or multi-annual "student" residence permit covered by articles L. 422-1, L. 422-2, L. 422-5, L. 422-6 and L. 433-4 of the same code or the long-stay visa valid as a residence permit bearing the wording "student" or "student-mobility programme" mentioned in 13° of article R. 431-16 of the same code who, as part of their course of study, has signed an apprenticeship contract validated by the relevant department;

13° The holder of a temporary residence permit "seeking employment or setting up a business" issued in application of articles L. 422-10 and L. 422-14 of the same code or the long-stay visa valid as a residence permit bearing the same mention, mentioned in 14° of article R. 431-16 of the same code;

14° The holder of a multi-annual residence permit bearing the words "beneficiary of subsidiary protection" or "family member of a beneficiary of subsidiary protection", issued pursuant to articles L. 424-9 and L. 424-11 of the same code;

15° The holder of a multi-annual residence permit bearing the words "beneficiary of stateless status" or "family member of a beneficiary of stateless status" issued in application of articles L. 424-18 and L. 424-19 of the same code;

16° The holder of a temporary residence permit or a temporary residence document bearing the words "authorises its holder to work" ;

17° The holder of a visa valid for more than three months as referred to in 4° of article R. 431-16 of the same code;

18° Foreign nationals who have entered France to work in an employed capacity for a period of three months or less, under the conditions set out in 1° of article L. 5221-2-1 of this Code;

19° Foreign practitioners meeting the conditions set out in 2° of article L. 5221-2-1 ;

20° An employee who is a national of a Member State of the European Union, during the period of application of the transitional measures under the conditions provided for in last paragraph of article L. 233-4 of the Code de l'entrée et du séjour des étrangers et du droit d'asile.

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

Toque #C2396

15+ Years In Corporate Practice

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