Have you identified the right residence permit for your business project in France? Congratulations, that's an important step. Now you need to get ready to take the next step: the administrative formalities involved in obtaining this residence and work permit. Whether you are still abroad or already in France under another status, the procedure requires rigour and forethought. This article details the possible routes, the documents generally required and the points to watch out for to put all the chances on your side.
Applying for a residence permit from abroad: the long-stay visa route
If you live outside France, the first step in setting up or running your business there is to obtain a long-stay visa tailored to your project. You should apply to the French consular authorities (consulate or embassy) in your country of habitual residence, as specified in article R. 313-3-1 of the Code de l'entrée et du séjour des étrangers et du droit d'asile (CESEDA).
If you are planning to set up a business
The core of your application will be to demonstrate the seriousness and viability of your business project. The consular services will assess whether your future business has a reasonable chance of succeeding and enabling you to support yourself. To do this, you will need to provide a convincing dossier, typically including :
- A business plan detailed presentation of your project, your market study and your sales strategy.
- A provisional budget over several years, showing expected expenditure and income.
- Proof that you will comply with the French regulations applicable to your sector of activity (diploma requirements, licences needed, etc.).
The French authorities, via the consulate, will pay particular attention to the economic soundness of your project. If your application is considered convincing, you may be granted a long-stay visa.
If you are planning to take part in an existing activity
If your plan is to join a company already established in France (as a manager, active partner, etc.), the approach is slightly different. You will need to prove not only the existence and effectiveness of the business, but also its ability to provide you with sufficient resources. The reference threshold is generally an income at least equivalent to the French SMIC for full-time employment. You will need to provide documents relating to the company (articles of association, Kbis, balance sheets, etc.) and to your future role or remuneration. If the guarantees are deemed sufficient, the visa can be issued.
Arrival in France
Once you have obtained your long-stay visa, it will allow you to enter France. Depending on the exact type of visa issued (particularly if it is a VLS-TS - Visa Long Séjour valant Titre de Séjour), you will have to complete certain formalities on arrival: validating your visa online in the first few months, or applying for your first residence permit directly at the prefecture. It is essential to find out about the specific formalities associated with your visa as soon as you obtain it.
Changing status from France: from another title to entrepreneur
If you are already legally resident in France under another status (student, employee, visitor, etc.) and you wish to start up or take over a self-employed activity, you must apply for a change of status. This application should be made to the prefecture (or sub-prefecture, depending on the department) where you live.
The basic conditions are similar to those for an application from abroad: you will need to prove the viability of your business start-up project or the ability of the new business to provide you with sufficient income. The prefecture will assess your application on these economic aspects.
It will also carry out additional checks, in particular to ensure that your activity is not likely to be detrimental to public safety, health or peace, and that you are not subject to a ban in France on managing or carrying on a commercial or craft activity.
If your application is accepted, the prefecture will first issue you with a receipt, which often authorises you to begin the formalities involved in setting up your business (in particular, registration with the RCS or RM). Once your registration is complete and you have presented it to the prefecture, you will be issued with your residence permit for the "entrepreneur/self-employed" or "talent passport".
The application file: essential supporting documents
Whether you are applying from abroad or from France, it is absolutely essential that you compile a complete and well-organised file. The lists of documents may vary slightly from one consulate or prefecture to another, depending on your precise situation. It is therefore essential to always check the exact, up-to-date list provided by the relevant authorities.
Nevertheless, the main types of documents usually required can be distinguished, based in particular on historical requirements (such as those formalised by the decree of 12 September 2007, even if it is advisable to check that it is up to date).
General documents (common to most applications)
The purpose of these documents is to establish your identity, personal situation and administrative status:
- Your passport (and visa if applying from abroad).
- Proof ofmarital status (birth certificate with filiation, translated if necessary; marriage/divorce certificate if applicable).
- Proof of home in France (or of your place of residence abroad for a visa application). This could be a rent receipt, a recent energy bill, a title deed, or proof of accommodation with proof of address and the host's identity.
- From passport photos and comply with French standards.
- Evidence of non-conviction An extract from the criminal record of your country of origin and/or the countries where you have recently resided. A sworn statement that you have not been convicted of a criminal offence may also be requested.
- A sworn declaration of non-bankruptcy in the countries where you have lived or worked.
- If you are applying for a change of status from France: your current residence permit, and often your most recent French tax returns to prove your regular tax situation.
Documents specific to the business project
This is the heart of your application, designed to prove the seriousness and viability of your entrepreneurial approach.
- For all projects:
- A detailed presentation of the project often in the form of a business plan, including market research, strategy, strengths and weaknesses.
- A provisional budget realistic over at least 3 years, detailing investments, costs and sales forecasts.
- From Proof of financial means to launch and support the business: proof of a sufficient credit balance in a bank account opened in France, or a guarantee undertaking from an approved bank or insurance company established in France. The amount required varies according to the nature and scale of the project.
- If you are setting up a business (in your own name or via a company):
- Proof of premises The following documents should be included: a promise to enter into a commercial lease specifying the planned activity, a commercial domiciliation contract, a property deed, etc.
- If you create a company A draft of the company's Articles of Association, specifying its legal form, share capital, objects, distribution of shares and your role.
- If you are taking over a business or taking on a management lease:
- The promise or deed of sale of the business, or the management lease contract.
- A Kbis extract (for a business) or D1 extract (for a craft business) less than 3 months old from the vendor or lessor of the business.
- A copy of the main commercial lease in the name of the owner of the business.
- If you are involved in an existing business (as a manager, active partner, etc.):
- A recent Kbis/D1 extract from the company concerned.
- The company's up-to-date articles of association.
- Proof of your appointment or future role (minutes of a general meeting, letter of intent to appoint, etc.).
- Evidence of health and regularity of the business The most recent balance sheets, tax statement (form P237) and URSSAF certificate of up-to-date accounts.
- Proof of revenues if you become an employee of the company, your contract of employment; otherwise, a certificate from a chartered accountant certifying the expected remuneration or that received by your predecessor, showing that it is at least equivalent to the minimum wage.
Documents for the "job search or business start-up" card
For this specific card, you will need to provide :
- Proof of obtaining your diploma (Master's level or equivalent) or the completion of your research work in France.
- A certificate ofhealth insurance.
- A detailed description of your business start-up projectexplaining its link with your training or research and demonstrating that it is genuine and serious.
Renewing your business residence permit: proving continuity
Is your first residence permit about to expire? To continue working in France, you need to apply to renew it. This application must be submitted to the prefecture, ideally within two months of the expiry date of your current permit, to avoid any loss of rights.
The main challenge of renewal is to prove that your business is not only real, but also that it enables you to generate sufficient resourcesThis is always based on the gross annual minimum wage. The authorities will also check that your company complies with its legal and regulatory obligations.
Documents typically requested for a renewal include:
- Your current residence permit and passport.
- Recent proof of address and passport photos.
- Proof of business continuity A recent Kbis or D1 certificate.
- Proof of your business premises (lease, domiciliation contract, etc.).
- Proof of your resources Your most recent income tax return and/or proof of recent income (payslips if you are employed by your own company, certificate of remuneration from your chartered accountant, extracts from your accounts book or business accounts showing the income generated by your business over the last 12 months, etc.).
- Proof of regularity of your business A recent tax clearance certificate (often called a "certificate of vigilance" or from the business tax account), and a similar certificate from URSSAF.
- A certificate ofinsurance covering your professional civil liability or your business.
Not being able to justify sufficient income from the business is one of the main reasons for refusal to renew.
What to do if you are refused?
Despite your best efforts, your application (for a visa, first card or renewal) may be refused. The authorities must notify you of their decision in writing and explain the reasons for the refusal.
The reasons can be varied: a project deemed economically unviable, insufficient resources, an activity that does not comply with regulations, failure to meet your tax or social security obligations, a threat to public order, etc. Refusal to renew or change your status can have serious consequences, including the obligation to leave French territory if you have no other right to residency.
Fortunately, there are remedies available:
- Le informal appeal You can write to the prefect (or consulate) who made the decision to ask them to review it, providing new information or contesting the reasons given. If the refusal was based on economic aspects, the Prefecture may re-examine these elements, possibly on the basis of a new technical analysis.
- Le hierarchical appeal : You can apply to the superior of the authority that refused, i.e. the Minister of the Interior, generally within two months of being notified of the refusal.
- Le contentious appeal If administrative appeals are unsuccessful, or in parallel, you can appeal to the relevant administrative court to challenge the legality of the decision. The time limit is generally two months from notification of the refusal (note that shorter time limits may apply in the case of an OQTF). It is at this stage that a solid legal argument, prepared with a lawyer, is essential to defend your rights.
Putting together a solid file, anticipating the sometimes complex requirements of the authorities and knowing the procedures are crucial to the success of your plans to set up in France as an entrepreneur. The details can make all the difference. For assistance in preparing your application, understanding the intricacies of the regulations and navigating the application or renewal procedures, contact our firm.
Sources
- Code de l'entrée et du séjour des étrangers et du droit d'asile (CESEDA), in particular articles L. 311-4 (former version), L. 313-7, L. 313-10, L. 313-20, R. 311-2 (former version), R. 313-3-1, R. 313-16.
- Commercial Code.
- Order of 12 September 2007 relating to supporting documents to be produced in support of applications for residence permits (subject to updates by prefectures/consulates).
- Administrative case law (e.g. CAA Paris, 19 Jan. 2021, no. 20PA02407).
- Judicial case law (e.g. Soc. 29 Nov. 2023, no. 22-10.004).
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