Foreign artists - Residence and work permits
Thursday, 05 May 2005
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Procedures for issuing temporary work
Requests are generally filed by the employer who may be either a producer based in a foreign country or a company based in France.
Nevertheless, agents who hold a license issued by the Ministry of Labor, and who are mandated by the artist, not the employer, may file requests for temporary work permits.
More generally, when an intermediary in France does exist (agent, entertainment organizer, tour promoter, etc.) the request may be filed by this intermediary with the Direccte where the intermediary’s business is based.
Required documents
Documents required for filing an A.P.T. request vary according to whether the artist is based in France or in a foreign country.
When the artist is employed by a foreign business, the Direccte verifies in principle if the business is in fact the employer of the artist who will travel to France.
Employers based in France
When the employer of the artist or artists is a company based in France, documents to be filed must notably include :
Employers based in foreign countries
When the artist or artists are employed by a company based in a foreign country, documents to be filed must notably include :
Nb > These documents consist of attestations or certificates delivered by government administrations or social or fiscal agencies in the country of origin.
Nb > This document is necessary to determine the respective obligations of each party and verify if the foreign entity is the producer of the entertainment.
Requests are generally filed by the employer who may be either a producer based in a foreign country or a company based in France.
Nevertheless, agents who hold a license issued by the Ministry of Labor, and who are mandated by the artist, not the employer, may file requests for temporary work permits.
More generally, when an intermediary in France does exist (agent, entertainment organizer, tour promoter, etc.) the request may be filed by this intermediary with the Direccte where the intermediary’s business is based.
Required documents
Documents required for filing an A.P.T. request vary according to whether the artist is based in France or in a foreign country.
When the artist is employed by a foreign business, the Direccte verifies in principle if the business is in fact the employer of the artist who will travel to France.
Employers based in France
When the employer of the artist or artists is a company based in France, documents to be filed must notably include :
- a work contract written in French ;
- a photocopy of the entertainment promoter’s license ;
- an agreement to pay the ANAEM fee (for work contracts of more than 3 months) ;
- Cerfa form # 95-61-02 « Work contract, foreign workers » ;
- if necessary, a photocopy of the agent’s license if the agent was mandated by the employer or by the artist to file the request.
Employers based in foreign countries
When the artist or artists are employed by a company based in a foreign country, documents to be filed must notably include :
- documents proving that the company is registered professionally in its country of origin ;
- document proving that the company meets social and fiscal requirements in its country of origin ;
Nb > These documents consist of attestations or certificates delivered by government administrations or social or fiscal agencies in the country of origin.
- the contract signed with the contracting partner in France (except if the foreign company is the sole producer) ;
Nb > This document is necessary to determine the respective obligations of each party and verify if the foreign entity is the producer of the entertainment.
- the work contract (notably specifying the total compensation) ;
- a signed statement attesting that the employees are legally employed in the country of origin.
Documents written in foreign languages must be accompanied by translations in French.
Request processing
Processing period
The request must be filed with the appropriate Direccte by the following deadlines :
Criteria
For contracts of less than 3 months
The Direccte consults with :
The employment situation may be contested. The ANPE may propose to substitute persons in France who are currently unemployed.
A lack of response within 15 days indicates the tacit agreement of the consulted agencies.
If the request is approved, one of the following documents is issued :
If the request is denied, notification is communicated by a letter justifying the decision and specifying the reasons upon which the denial is founded.
For contracts of more than 3 months
For contracts of more than 3 months the Direccte also consults with the DRAC. However, the employment situation may not be used to contest the issuance of the « artistic and cultural profession » temporary residence card.
If the request is approved, the prefecture issues, in view of the contract validated by the Direccte, an « artistic and cultural profession » temporary residence card which is valid for the same period as the contract.
Processing period
The request must be filed with the appropriate Direccte by the following deadlines :
- 3 months before the start of the entertainment ;
- 1 month at the latest before the start of the work period in France (in the case of emergencies such as modifications in programming or participants).
Criteria
For contracts of less than 3 months
The Direccte consults with :
- the regional cultural affairs agency (Direction Régionale des Affaires Culturelles, or DRAC) ;
- the national entertainment employment agency (Agence Nationale pour l’Emploi-Spectacle, or ANPE).
The employment situation may be contested. The ANPE may propose to substitute persons in France who are currently unemployed.
A lack of response within 15 days indicates the tacit agreement of the consulted agencies.
If the request is approved, one of the following documents is issued :
- a letter of approval or a validated work contract ;
- an individual A.P.T. or a #2 A.P.T. for a group or troupe of artists.
If the request is denied, notification is communicated by a letter justifying the decision and specifying the reasons upon which the denial is founded.
For contracts of more than 3 months
For contracts of more than 3 months the Direccte also consults with the DRAC. However, the employment situation may not be used to contest the issuance of the « artistic and cultural profession » temporary residence card.
If the request is approved, the prefecture issues, in view of the contract validated by the Direccte, an « artistic and cultural profession » temporary residence card which is valid for the same period as the contract.
Last Updated ( Tuesday, 12 December 2006 )
