Gillioen avocat

Talent Passport “Business Creation”: The Foreign Entrepreneur

The Talent Passport “Business Creation” is a multi-year residence permit provided under Article L421-16° of CESEDA. It is similar to the permit mentioned in Article L421-5°, which includes the designation “entrepreneur/self-employed professional.”

There are differences, however, that can make it more advantageous for a foreign national to apply for the Talent Passport instead of the temporary residence card. This advantage extends beyond the duration of the residence permit itself.

In the daily practice of the firm, more and more foreign nationals are showing interest in the Talent Passport “Business Creation,” and rightly so.

Talent Passport

 

It can be directly requested in France by a foreign national who already holds a residence permit, as part of a status change. Whatever the foreigner’s current status (private and family life, visitor, employee, etc.), it is entirely possible for them to apply for this residence permit. Of course, when a student residing in France wishes to change their status for professional reasons, they can also apply for the Talent Passport “Business Creation.” In all cases, this application is made at the Prefecture of the foreign national’s place of residence.

However, the Talent Passport can also be requested at the French consulate. Unfortunately, this involves significant administrative delays and often questionable administrative practices. In this case, it’s important to plan ahead for the long-stay visa application as much as possible to avoid excessive delays. It’s also important to be aware that a long-stay visa rejection can easily be based on unfounded reasons, such as the classic “unreliable information.”

Once the correct administrative body has been identified, the application and the necessary documents for the Talent Passport “Business Creation” must be prepared. These documents, which are quite numerous, must allow the authorities to assess whether the foreign national’s proposed economic activity is serious or not. Their review will be based on several key documents that will be essential for the file to be considered credible and reliable.

If the authorities doubt any of the documents, they can refuse to issue the residence permit. This decision can be challenged before the Administrative Court.

A Talent Passport “Business Creation” application must be prepared in advance because some of the required documents take time to gather or create. It is not a permit application that can be rushed.

The main advantage of this permit for the foreigner is that it allows their family members to live with them in France. This applies to their spouse and minor children. Therefore, a foreigner who does not yet reside in France and wishes to come and create an economic activity there, and has a family, will be much better off applying for a Talent Passport “Business Creation” rather than a temporary residence card “entrepreneur/self-employed professional.” In the latter case, they would have to wait many months before being able to apply for family reunification, and then would still have to wait for their application to be processed, which could take a long time.

This is the main advantage of the Talent Passport “Business Creation.” It is especially targeted at individuals with significant professional experience, sufficient financial resources, and the desire to bring their family with them to France.

Valid for a period of four years, it allows for a long-term stay in France, and potentially for a longer duration if a residence card is applied for later. After obtaining the first card, a renewal must be requested before eventually moving on to a residence card or nationality.