The DRIETS Opinion for Entrepreneurs/Self-Employed Professionals – Now for Everyone

The DRIETS opinion for entrepreneurs/self-employed professionals in the service sector has now become mandatory. Foreign nationals engaged in a service-based professional activity must now obtain a DRIETS opinion before applying for the residence permit provided under Article L421-5 of the CESEDA. Until now, only traders, artisans, and individuals working in industry were subject to this requirement.

Decree No. 2025-539 of June 13, 2025, concerning “talent” residence permits and amending certain provisions relating to “job search–business creation” and “entrepreneur/self-employed” residence permits, has removed the previous exemption for service providers. This change eliminates the distinction that previously applied to individuals engaged in service-related activities.

Until June 13, 2025, a foreign national applying for a residence permit to operate a service-based activity independently or through a company, without engaging in trade, craftsmanship, or industry, was not required to obtain this opinion. The decree has now removed that exemption and mandates that all individuals applying for a residence permit on this basis must obtain the following:

 “Before submitting their application for the residence permit provided for in Article L. 421-5, the foreign national must request an opinion on the economic viability of their self-employed activity from the competent foreign labor authority for the department where the activity is to be carried out.”

Given that France is primarily a service-oriented economy, it may seem natural and logical for foreign nationals in the service sector to also be required to obtain a favorable opinion.

However, as is often the case, the means provided to applicants to obtain this opinion are inadequate and poorly adapted. The DRIETS opinion must be requested via the ANEF platform, whose deeply flawed functioning I have already criticized on several occasions.

Once again, the same issues arise with the DRIETS opinion for entrepreneurs/self-employed professionals. The platform fails to distinguish between applicants currently abroad and those already in France. It also does not account for the specific nature of service-based professions, which often do not require professional premises. For example, the platform asks for a lease agreement, even though most foreigners providing services in France do not need a physical location.

Similarly, the platform requires company articles of association (statuts), although most applicants operate as sole proprietors and therefore do not have any corporate status or documentation.

The introduction of the DRIETS opinion requirement for entrepreneurs/self-employed professionals will cause additional delays and further overwhelm government services in a way that appears poorly thought out. In reality, the economic viability of an activity is already assessed a posteriori, during the renewal process one year later. At that point, it is relatively easy for the authorities to verify whether the business meets expectations—namely, generating at least the annual minimum wage (SMIC).

For individuals seeking to engage in independent service-based activities (such as consulting, communications, or interior design), it will now be necessary to plan ahead and request the DRIETS opinion well in advance of applying for a change of status. This procedure can easily take up to two months.

These delays are mainly due to the lack of knowledge and understanding of business law among the reviewing authorities. They often struggle to differentiate between sole proprietorships (entreprise individuelle) and incorporated entities (such as SAS or SELARL). Since the vast majority of applicants in the service sector choose to operate under a simplified sole proprietorship structure, there is a significant risk that their applications will be wrongly rejected simply because of this misunderstanding.

The usual requirements remain in place, such as demonstrating the economic viability of the project through a financial forecast and proof of relevant professional qualifications.

Will the DRIETS opinion for entrepreneurs/self-employed professionals help speed up the processing of applications by the Prefecture? This seems unlikely.