Information on residence status legal framework is of great importance to all OECD accompanying partners who hope to work in France. The ability to work legally in France and to conduct work in French are two factors that strongly determine the positions a partner will be able to pursue. Everyone except European citizens of the countries as listed below must have a residence permit for any stay that will be longer than three months: Austria, Belgium, Denmark, Finland, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxemburg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and United Kingdom. Furthermore, not everyone who is residing in France legally is permitted to work.
Residence status for OECD staff members from non European Union countries
Through a special multilateral agreement, a non-French, non-resident staff member of the OECD whose appointment is for a duration longer than three months will be issued a Special Residence Permit from the Ministry of Foreign Affairs in the form of a Titre de Sejour Special. At its most basic level, the Special Residence Permit entitles the holder to:
- Live in France only if employed by the OECD
- Earn money in France only from the OECD
Residence status for partners of OECD staff members from non European Union countries
The spouse of the OECD non European staff member will typically be issued a visa and a Special Residence Permit of the same type than the OECD staff member has been issued. This visa will be issued to non-French, non-resident spouse and to children as well as to dependent parents and parents-in-law.
At its most basic level, the permit entitles the holder to
- live in France as long as the OECD staff member is employed by the OECD
It is important to note that holders of this Special Residence Permit are not permitted to earn money in France unless it is from either the OECD or a similarly exempted inter-governmental institution. Put another way, the spouse to whom a Special Residence Permit has been issued is not eligible to earn money by working in the local French economy - either through self-employment or through an employer.
If the spouse intends to work in France, he or she has to come with a long-term visa and not with the special visa through the Ministry of Foreign Affairs. This type of visa is long and difficult to obtain. Upon arrival in France, he or she must go to the Préfecture de police to request a “carte de séjour”. According to the file, the carte de séjour delivered will or will not enable him/her to legally work in France.
Employment options for a spouse who has not obtained the standard work permit
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Seek work at the OECD and any other inter-governmental institutions in Paris of which his or her home country is a member
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Seek work at the Embassy of his or her home country if it is possible to work there without a work permit
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Locate a position with a company in his or her home country that requires working at the French operations of the company
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Work as a “distance” employee of a company that is actually located in his or her home country, taking advantage of the technology that supports such arrangements. This is different from being “transferred” by a company to carry out business endeavors in the French economy as was described in the point above.
Residence status for OECD staff members and spouses from European Union countries
Residence permits are no longer required in France for nationals of the following countries: Austria, Belgium, Denmark, Finland, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, the United Kingdom (Reference: Law no. 2003-1119 of 26 November 2003).
Citizens of the “new” (1st May 2004) European countries: Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia do not need a visa but have to request a work authorization, during a transition period of 2 to 5 years.
For further information on these complex issue please refer to Chapter Four of the OECD official relocation guide "The positive Transition"
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