Visitor visas for ‘digital nomads’ in France – is this permitted now? 

The question of whether people on a French 'visitor' visa can carry out paid remote work for an overseas employer resurfaced after an MP raised the issue in a parliamentary question.

Some people have wondered if the answer provided by the interior ministry lays to rest once and for all the problems around this area, however that is not the case. 

The issue has long caused confusion as the long-stay visitor visa, or equivalent residency card, is subject to a rule in the immigration code stating that “the holder must have health insurance covering the duration of their stay and promise to carry out in France no professional activity”.

As a result, some ask whether it is possible to work remotely for a foreign employer as long as they are not working in the French labour market.

The question is often framed in terms of whether someone may live in France as a ‘digital nomad’.

The recent ministry clarification, in Connexion's view, strengthens the argument that this can be compatible with visitor status, particularly for people coming to France on a genuinely temporary basis rather than settling here long-term. 

This might include, for example, someone staying for six months on a temporary visitor visa before moving on.

It remains unclear, however, how this interpretation applies to people who make France their long-term home while repeatedly renewing visitor residency cards and becoming integrated into the French tax and social security systems.

We note also that a ministerial reply does not create new law, though it can help provide clarity on how laws are interpreted and applied.

MP for Maine-et-Loire François Gernigon asked the Interior Ministry specifically about working remotely for a foreign employer while holding visitor status.

The ministry first noted that there is no legislation specifically dealing with this situation.

It said residence permits authorising work are intended for foreigners who become integrated into the French economy and labour market.

By contrast, someone living in France while continuing to work for a foreign employer and remaining taxed in their home country should instead hold visitor status, the ministry said.

In this situation, provided the person is not employed in France nor carrying out any work in France for a French firm, they should be regarded as professionally ‘inactive’ under French law.

The ministry added, however, that visitor permit holders must not carry out any activity that would require work authorisation in France.

This goes further than comments made by the ministry to The Connexion last year, when it said holders “must carry out no professional activity falling under French law”.

It added: “On the other hand, carrying out a job that does not fall under French law, notably with regard to social and tax aspects, is possible.”

Anyone settling long-term in France will usually become a French tax resident - due to having transferred their main home and spending more time in France than elsewhere - and be liable to declare their worldwide income here.

Another test for tax residency is carrying out one's main professional activity in France, with the tax authorities considering the place where work is physically performed to be decisive.

Under some double taxation treaties, foreign work income that has already been taxed abroad benefits from a French tax credit that cancels the French tax due.

However, the income must still be declared in France by French tax residents.

Furthermore, under French social security rules, a person residing permanently in France is generally required to pay French social charges on work carried out from France.

They are also expected to register for a French social security number, giving access to the healthcare system.

For these reasons, many immigration lawyers and tax specialists continue to advise people settling in France on visitor status not to undertake paid work, even for foreign employers, though certain forms of rental income remain acceptable.

We asked the interior ministry: "Is this interpretation intended to apply solely to people making a genuinely temporary stay in France while retaining their employment, tax and social security status primarily abroad – for example, people who come for a six-month stay on a temporary long-stay visa, or does it also extend to holders of a visitor’s visa or residence permit who make France their main place of residence for several years?",

We have not yet received a reply. 

We note also that the exchange in parliament does not cover the issue of people who work for themselves in self-employment, which comes with its own considerations. 

In most cases, a self-employed person who moved to France should set up their own French business and they will be considered to be working in France whether or not their customers are here. In this case they should have a visa consistent with this such as the entrepreneur/profession libérale visa.