Decree No. 2026-1001 of 26 October 2026, published in the French Official Journal on 29 October 2026 and effective from the following day, amends several rules applicable to third-country nationals authorised to work in France.
The measures notably concern intra-corporate transfers (ICT), certain assignments from the United Kingdom, processing times for residence permit applications, mobility for EU Blue Card holders and changes of employer for foreign employees.
The Decree entered into force on 30 October 2026.
Key takeaways
- A minimum salary threshold has been introduced for ICT mobility.
- The standard processing time for residence permit applications has been reduced to 90 days.
- The conditions governing mobility within the European Union for EU Blue Card holders have been relaxed.
- The period governing changes of employer has been reduced from 12 to 6 months.
- Certain assignments from the United Kingdom may now qualify for an exemption from the requirement to obtain a work permit, subject to specific conditions.
What changes should employers be aware of?
ICT transferees: introduction of a minimum salary threshold
The issuance of visas and residence permits under the “ICT transferee”, “mobile ICT transferee”, “ICT trainee” and “mobile ICT trainee” categories is now subject to a minimum gross annual salary requirement, corresponding to the reference average gross annual salary. The applicable amount is to be set by ministerial order (Article R. 421-38 A of the French Code on the Entry and Residence of Foreign Nationals and the Right of Asylum, or CESEDA).
Pending publication of this ministerial order, the new salary threshold applicable to ICT mobility is therefore not yet known.
Applications already pending and filed before the Decree took effect should be processed under the rules previously in force.
Assignments from the United Kingdom: new work permit exemption
The Decree introduces an exemption from the work permit requirement for certain third-country nationals employed by a company established in the United Kingdom and assigned to France for the purpose of providing contractual services. The measure implements provisions relating to services supplied by UK businesses under the EU-UK framework.
The exemption applies for a maximum cumulative period of 12 months, provided that the employee:
- has provided the same type of services for their employer for at least one year;
- has at least three years’ professional experience in the relevant sector; and
- holds the required qualifications or credentials.
Its scope of application nevertheless remains subject to the publication of a ministerial order specifying the eligible sectors (Article R. 5221-2, 22° of the French Labour Code).
Residence permits: standard processing time reduced to 90 days
The standard time limit for the French authorities to issue a decision on a complete residence permit application is now 90 days, compared with four months previously.
This 90-day period already applied to the Talent – EU Blue Card, Talent – Researcher and Talent – Family categories.
The processing period may be extended by 30 days for particularly complex applications.
In practice, this means that the processing time for an Employee (Salarié) or Temporary Worker (Travailleur temporaire) residence permit application could be extended to 120 days where the complexity of the case warrants an extension.
EU Blue Card: streamlined intra-EU mobility
The mobility requirements applicable to EU Blue Card holders have been relaxed. The Decree implements changes to the rules governing residence of highly qualified workers and their families.
A first move to France from another EU Member State is now possible after 12 months of residence in that Member State as an EU Blue Card holder. For a second or subsequent move, this period is reduced to 6 months (Article R. 421-21 of CESEDA).
The Decree also facilitates the renewal of residence permits for certain eligible family members who have accumulated five years of legal and continuous residence across different EU Member States.
Change of employer: greater flexibility for foreign employees
For foreign employees subject to a prior work permit requirement, including employees under the Salarié and Travailleur temporaire categories, the relevant period following the issuance of an initial work permit during which a change of employer is subject to specific restrictions has been reduced from 12 to 6 months (Article R. 5221-36 of the French Labour Code). A new exception also applies where the employer has seriously breached the employment relationship.
The Decree also strengthens protections for holders of a Travailleur temporaire (“Temporary Worker”) residence permit who lose their employment involuntarily, allowing them, subject to certain conditions, to retain their right of residence.
Deloitte recommendations
These developments call for a review of certain recruitment and international mobility processes, in particular to ensure that the applicable requirements continue to be met throughout the employees’ assignments.
In the short term, particular attention should be paid to the publication of two ministerial orders:
- the order setting the minimum salary threshold applicable to ICT mobility; and
- the order specifying the sectors eligible for the new work permit exemption applicable to certain assignments from the United Kingdom.
Pending publication of these orders, affected companies should identify assignments that may fall within the scope of the new provisions and adapt their internal procedures where necessary.
How Deloitte can help
Deloitte France’s Immigration teams support employers in assessing the impact of these new rules and adapting their recruitment and international mobility policies accordingly.
