French immigration law firm Capstan Avocats released an update on 23 September that reiterates a long-standing but frequently misunderstood rule: holders of a "visiteur" long-stay visa or corresponding residence permit are strictly barred from any professional activity in France. The note responds to a rise in companies inviting foreign clients or board members to sit on French company boards under visitor status. Capstan warns that such practice exposes both employer and assignee to fines of up to €15 000 and a three-year ban on hiring foreign workers, as per Article L8256-2 of the Labour Code. Instead, organisations should use appropriate categories such as Passeport Talent “mandataire social” or the new EU ICT permit. The bulletin also highlights that remote work performed for an overseas employer while physically present in France counts as professional activity, a grey area that became prominent with the growth of “workcation” requests. Practically, HR teams must ensure that salary-paid travellers enter on short-stay C-Type Schengen business visas for trips under 90/180 days, or obtain a Temporary Assignment Permit (autorisation de travail) for longer projects. Capstan suggests adding a compliance checkpoint in the pre-travel approval workflow to confirm visa type. The clarification arrives as prefectures digitalise many appointment slots, increasing the likelihood that employees will attempt self-service applications online without HR oversight. Mobility managers should circulate the bulletin to prevent accidental non-compliance.
Source: Capstan Avocats
