CONVINUS Global Mobility Insights - Sommer / Summer 2024 Cross-border workers must navigate the legal Frameworks of both France and Switzerland, particularly regarding work permits, taxation, and social security. French Immigration Requirements for Cross-Border Workers For foreign nationals living in France and working in Switzerland, understanding the French immigration requirements is essential. The process involves obtaining the necessary permits and complying with both French and Swiss regulations. Residence Permit in France 1. EU/EEA Nationals: Citizens of the European Union (EU) and the European Economic Area (EEA) do not require a residence permit to live in France. However, they must register their residence before the Town hall if they plan to stay for more than three months. Even if a resident permit is not required to live in France, it is possible to request one under the “EU Citizen” status. 2. Non-EU/EEA Nationals: Non-EU/EEA nationals must obtain a residence permit (titre de séjour) to live in France. The type of residence permit depends on the individual's situation (e.g., employment, family reunification, personal purposes). Family situation resident permit: If the foreign national lives in France with a resident permit based on family situation (private and family life, spouse of EU citizen or spouse of French citizen), it is possible to work and live in France. However, it is mandatory to obtain the proper documentation in Switzerland to have the right to work in this country. The French resident permit just allows the foreign national to live and work in France. Professional resident permit: If the foreign national holds a resident permit sponsored by a company in France (Direct Hire, Passport talent), it is possible to live in France and work for the employer who sponsored the resident permit. This person can work in Switzerland for a client as a service provider or in a company of the same group as ICT employee. But a proper assessment must be done to respect the Swiss immigration rules and confirm which Swiss immigration status is applicable to this person. 50
CONVINUS Global Mobility Insights - Sommer / Summer 2024 Visitor resident permit: It allows the foreign national to live in France, but it does not allow him/her to work in France for a French employer. The foreign national will need to request a proper work permit in Switzerland to work in this country. Conclusion Living in France while working in Switzerland offers numerous benefits but requires careful navigation of immigration requirements. Cross-border workers must obtain the appropriate residence and work permits to comply with both French and Swiss laws. For EU/EEA nationals, the process is relatively straightforward due to agreements facilitating cross-border employment. However, non-EU/EEA nationals face more complex procedures. Understanding these requirements ensures that cross-border workers can legally reside in France and work in Switzerland, enjoying the economic and lifestyle advantages of this unique arrangement. Contact: ENVOYGLOBAL 22 Rue de Londres 75009 Paris France +33 1 59 03 54 70 Miguel.Ortiz-Haro@envoyglobal.com envoyglobal.com 51
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