All high-level foreign researchers or university teachers who come to France to work temporarily in a public establishment of higher-education or a research institution (annex 1) within the framework of a collaboration in an approved host structure must complete a certain number of administrative steps, as does the host institution, before and during his/her stay. This guide describes these formalities.

1) Prerequisite condition : the agreement of a host institution:

The law of 11 May 1998, which created the "scientist" residence permit, has profoundly changed the administrative formalities required by foreign researchers and their families who wish to enter and stay in France. This law was modified by the law of 24 July 2006 to take into account European directive 2005-71 of 12 October 2005.This new procedure is only applicable to those researchers who will be working in a public establishment of higher education and specifically accredited. French research institutions (listed in annex 1). Researchers who come and work in non-accredited institutions in the private sector are excluded from this legal procedure and must follow another procedure called "Procédure d'introduction du travailleur étranger" (Procedure for the introduction of a salaried employee). This procedure must be initiated by the employer.

Reference:
- RESEDA law of 11 May 1998, Article 4:
http://www.legifrance.gouv.fr/affichTexteArticle.do;jsessionid=1D4826848A2AAC01CAF15CC0348A9568.tpdjo10v_3?cidTexte=JORFTEXT000000699737&idArticle=LEGIARTI000006336326&dateTexte=20080716&categorieLien=id

- European directive 2005-71 of 12 October 2005:
http://europa.eu.int/eur-lex/lex/LexUriServ/site/fr/oj/2005/l_289/l_28920051103fr00150022.pdf

- SARKOZY II law of 24 july 2006, Article 11:
http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=1D4826848A2AAC01CAF15CC0348A9568.tpdjo10v_3?cidTexte=LEGITEXT000006070158&idArticle=LEGIARTI000006335068&dateTexte=20080716&categorieLien=id

- Procedure for the introduction of a salaried employee:
http://www.anaem.fr/embaucher_un_travailleur_etranger_54/l_embauche_d_un_travailleur_etranger_697.html

2) The new hosting agreement (Convention d’Accueil):

The 1998 provision was based on a form, called the le Protocole d’Accueil (Entry Protocol). It is now replaced by a hosting agreement designated la Convention d’Accueil (appendix 2). which is completed by the research institution hosting the scientist. It must clearly state the reason and the dates of the scientist's stay as well as certify the existence of adequate means of financial support.

The general principles of the European directive of 12 October 2005 make the host institutions accountable. By signing the hosting agreement, the host institution certifies that:

• the researcher has health coverage
• the researcher is covered for employment injuries in a research environment.

N.B. :If the researcher is salaried by the institution, he/she is entitled to the benefits prescribed in case of salaried workers (health and maternity insurance, occupational injuries and illnesses, retirement benefits, unemployment benefits ...). Due to the “salaried” status of the researcher in the institution, the employer does not need to provide any verifications when delivering the hosting agreement.

If the researcher is not salaried the host institution (e.g. fellowship holders, researchers paid by their home institution, self-supported, temporary posting), the hosting institution must check that the employee has health and employment injuries insurance. If the researcher has not subscribed to any insurance yet, there are many private insurers that offer specifically tailored coverage (for example, the health insurance and liability insurance offered by “ABC Assurances”, the historical partner of the Kastler Foundation and the EURAXESS Service Centres (http://www.fnak.fr/dn_Insurance/).

Whatever his/her status (salaried or non-salaried) and before leaving for France, the researcher should present the Convention d’accueil to the French consulate to request a visa. The researcher is now exempted from following the ANAEM procedure. The ANAEM intervenes only at the end of the procedure. When applying in France for the first residence permit, the researcher will be requested to undergo a medical examination. The researcher will no longer need a work permit since the residence permit will mention “scientist” and authorizes the holder to work in France. The receipt for the first residence permit request (récépissé de demande de carte de séjour) is equally valid.

With very few exceptions, visa requests are not handled by the French central authorities anymore. Hence, the waiting period is shorter and the visa can only be refused if the person is considered a threat to public security. The Convention d’accueil itself, bearing the consular stamp, is sufficient justification for requesting a residence permit mentioning “scientist” at the préfecture.

The hosting institution must request a form (Convention d’accueil) at the préfecture or the Mobility Centre (http://www.fnak.fr/dn_LesCentresdeMobilite/) complete it and then send it to the guest researcher who will deposit it at the French consular offices of his/her home country. We remind you that since 1994, there is now a specially appointed person (correspondant pour les chercheurs étrangers) at every préfecture (appendix 7). This person is the interlocutor for foreign researchers and the representatives acting on their behalf within the host institution.

Finally, the implementation of this procedure may vary within France. For instance, the list of required documents may be different from one préfecture to another, some host laboratories may have appointed a correspondant to specifically take care of foreign researchers. There may also be differences between agreements or conventions signed between research institutions and the administration concerned (for instance, in Paris, there is a consolidated filing procedure). In spite of local differences, the information below is deemed representative of the administrative procedures that need to be carried out by those who wish to take on a foreign researcher.

3) Extension of the procedure to salaried doctoral students:

The European directive of 12 October 2005 extends the new « scientist » procedure to doctoral students provided they have a contract to work in France.

The European Commission has decided that foreign doctoral students studying in France may benefit from the « scientist » status provided they are salaried because it considers that their purpose is aimed at the acquisition of vocational skills useful to their professional career. When in possession of a work contract, doctoral students are considered as proper professional researchers who, through their research, contribute to the scientific influence of France.

Hence, when a host institution offers a work contract to a doctoral student, it simultaneously issues the student a Convention d’accueil, making sure that the paragraph entitled “Cas particulier des doctorants salariés” (Specific case relating to salaried doctoral students) in section B has been duly filled-out.

In this specific case, and only in this case, the work contract will be attached to the Convention d’accueil. In all other cases, préfectures cannot request a work contract from the foreign researcher, the Convention d’accueil certifying the status of the researcher being the only document necessary.

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