WORKSHOP VISA 8 November 2010, Brussels Loredana Tassone-Mary Legal Expert, FnAK

1. WORKSHOPVISA 8 November 2010, Brussels Loredana Tassone-Mary Legal Expert, FnAK Loredana Tassone-Mary, FnAK, www.fnak.fr Fn

2. The Scientific Visa in France Introduction Presentation’s aims FnAK: objectives and role Contents • Who can benefit from the scientific procedure? • Visa procedure in steps • Visa rules applicable in France: short stay, long stay visa, visa for the scientist’s family • Visa in numbers • The residence permit • Strengths and weaknesses of the scientific procedure • Conclusions Loredana Tassone-Mary, FnAK, www.fnak.fr

3. Who can benefit from the scientific procedure? • Researchers and students in PhD (with master degree) from • Third countries • EU countries under transitory measures (Romania and Bulgaria) Loredana Tassone-Mary, FnAK, www.fnak.fr

4. The visa procedure in steps (I) • Before going to the French Consulate in his own country • Contacts between the researcher and the host research organism • An hosting agreement is established and signed by the host research organism • The hosting agreement is sent to the researcher in his home country after the prefecture has put its stamp • The agreement is signed by the researcher Loredana Tassone-Mary, FnAK, www.fnak.fr

5. The visa procedure in steps (II) • The Procedure before the Consulate • The researcher introduces a visa request • The consulate checks the hosting agreement and makes an evaluation on • Risk for the public order • Request’s objectives and reasons • If the consulate deliver the visa a stamp is put on the hosting agreement • The consulate deliver a short or a long stay scientific visa for the researcher (and his family possibly) Loredana Tassone-Mary, FnAK, www.fnak.fr

6. VISA Rules applicable in France (I) • Short Stay scientific VISA • The Community Code on Visas (Visa Code) • Article 16 abolished fee for the short stay scientific visa Loredana Tassone-Mary, FnAK, www.fnak.fr

7. VISA Rules applicable in France (II) • Long Stay scientific Visa EU Law • Directive 2005/71, 12 October 2005 • Schengen Acquis French Law • Procedure established on 1998 (Law RESEDA) modified by the law MISEFEN in 2006 • All rules are now included in the CESEDA Code Loredana Tassone-Mary, FnAK, www.fnak.fr

8. Short Stay Visa • Delivered when the length of the stay is less than 3 months on a period of 6 months • The hosting agreement is the only document required to justify reasons, resources, accommodation and health insurance • This visa : • Authorise a stay in the Schengen Area • Authorise to work as a teacher-researcher only in France Loredana Tassone-Mary, FnAK, www.fnak.fr

9. Long Stay Visa • It allows a researcher to enter in France for a Stay of more than 3 months • It expire after three months • It is delivered on the condition that not later than two months from his arrival in France the researcher will apply for a Long Stay residence permit before the prefecture of his destination department Loredana Tassone-Mary, FnAK, www.fnak.fr

10. Visa for researcher’s family • The researcher’s family can benefit of the scientific procedure • For short stay a Schengen visa is delivered • For long stay a long stay visa (with mention “CESEDA L313-11 5” and obligation to apply for a long stay residence permit in the two months following the entry in France) is delivered • Documents required: • Documents proving that a scientific visa was delivered to the spouse • Documents demonstrating the family status Loredana Tassone-Mary, FnAK, www.fnak.fr

11. Visas in numbers • Visas delivered from 1998 to 2007 • Visas delivered in 2008 and 2009 Loredana Tassone-Mary, FnAK, www.fnak.fr

12. The residence permit (I) • The researcher and his spouse must apply for a long stay scientific residence permit. They have two months form the date of their entry in France to do so. • The foreign researcher’s correspondents Loredana Tassone-Mary, FnAK, www.fnak.fr

13. The residence permit (II) • The residence permit with the mention «scientist » allows to work in France • The residence permit of the researcher’s spouse also allows to work in France (mention « family and private life ») • Children under 18 do not need a residence permit Loredana Tassone-Mary, FnAK, www.fnak.fr

14. Weaknesses… • Entry fees (visa and residence permit): a negative effect on a country’s attractiveness • Additional procedures: come-back Visa required to entry in France after a travel in other countries • Administrative procedure: lack of harmonization and numbers • Researchers’ social rights: lack of effectiveness (health insurance, retirement, unemployment allowances) Loredana Tassone-Mary, FnAK, www.fnak.fr

15. …and strengthsof the procedure • The scientific procedure is easier and shorter than the one applied to non-scientist foreigners • Possibility to work without additional procedures • The researcher’s family benefits of the scientific procedure • French structures assisting the researchers: • The foreign researcher’s correspondents • FnAK • EURAXESS services Centres Loredana Tassone-Mary, FnAK, www.fnak.fr

16. (map) Loredana Tassone-Mary, FnAK, www.fnak.fr

17. QUESTIONS? Loredana Tassone-Mary, FnAK, www.fnak.fr

18. THANK YOU FOR YOUR ATTENTION! Loredana Tassone-Mary, FnAK, www.fnak.fr