The Hidden Legal Dangers of Remote Work in France: What No One Tells You

With the rise of digital nomadism and the post-pandemic normalization of working from home, more people than ever are choosing to live abroad, and many wish to do so while keeping jobs based in their home countries. The appeal is obvious: live in France, explore a new culture, and log in to do your job remotely while continuing to get paid your foreign salary into your foreign bank account.

But here’s the catch: living and working in France remotely isn’t as simple or as legal as many assume.

The Legal Grey Area of Remote Work Abroad

Despite how widespread remote work has become, the rules were never designed for lots of people being physically present in one country while their job was located in another country. Various French tax treaties and the structure of the work visa system are based on the assumption that you are physically present where your job is located and when you’re not physically at your job, you’re on vacation. Despite the surge in remote work leading up to and throughout the pandemic, these rules have not caught up. Many remote workers, intentionally or not, live in legal limbo, relying on outdated assumptions or misinformation that they’re not “really working in France” because they connect to a server in the US or the UK. And many operate under the false belief that “not getting caught” means their arrangement is legitimate.

It’s also a major issue that certain professionals focus only on the legal aspect of immigration and completely ignore the tax and social charge implications.

But whether you’re a salaried employee or an independent contractor, where you physically work does matter, and so do the rules of the country you’re working from. Simply put: if you’re in France and working, you’re working in France.

Holding a titre de séjour to reside in France means declaring to the French government that you intend to reside in France, i.e., to spend the majority of your time in France, which would de facto make you a tax resident of France. These facts have tax, legal, visa, and employment implications.

Myths About Remote Work in France

Let’s debunk some of the most common misconceptions:

• Myth: “I’m employed by a company outside France, so I’m not working in France.”
• Fact: French law considers you a worker in France if your work is physically performed there, regardless of your employer’s location. In this case, the employer needs to be registered with the Centre National des Firmes Etrangères (CNFE) as having employees in France, pay you with French social charges through a French company, and respect French labor law.
• Myth: “My salary is paid into a foreign account, so I don’t need to pay taxes in France.”
• Fact: If you’re a tax resident (typically defined as spending more than 183 days a year in France, among other criteria), you are legally required to declare and pay French taxes on your worldwide income. Tax treaties give France, the country where you reside, the right to subject this income to both social charges and income taxes first, with very narrow exceptions.
• Myth: “The consulate said I could work remotely on a visitor visa.”
• Fact: Visitor visas prohibit professional activity in France. Even if your consulate is lenient or unclear, the French immigration and tax authorities may not be. The consulate official or the immigration attorney who told you otherwise because they are not familiar with tax treaties are not going to be the ones paying your tax bill if you are caught.

Tax and Legal Considerations

France takes employment laws, social contributions, and taxes seriously. Whether you’re an employee or contractor, if you’re working while living in France, here’s what may be required:

• A legal right to work in France, which often means a visa permitting work.
• Proper French tax registration and social security contributions.
• A French employment contract if your employer agrees to hire you as a France-based employee.
• Or registration as a freelancer or business entity, such as a micro-entrepreneur, if you’re self-employed.

Failing to comply can mean trouble, not only for you, but also for your employer, who may unknowingly expose themselves to French labor and tax liabilities.

Remote Work & GDPR / Data Security

Another layer of complexity is data protection. Companies in the EU are subject to GDPR, and US-based companies often need to comply when handling European data. If you’re accessing sensitive information from France, your company could be inadvertently violating privacy regulations by allowing remote access without proper infrastructure.

What About Visitors Who Work While Traveling?

Short visits to France (under 90 days for many passport holders) don’t typically cause problems if you’re occasionally checking email or handling light admin tasks. However, soliciting clients, getting paid in euros, or working for French entities can be problematic if you’re a tourist in France.

A good rule of thumb: if you’re in France for leisure and doing incidental work for a foreign company, you’re probably fine. But if you’re planning to live in France and work remotely, you’ll need to explore your legal and tax options to ensure your long-term plan is sustainable.

The “Rule of Butts”

A French accountant once summarized the issue perfectly: “Wherever your butt is sitting is where you’re a tax resident.” If that’s France, you need to be declaring and paying taxes in France, no matter where the company is based.

Visa + Work = Choose the Right Status

If you plan to live in France while working remotely, you’ll need a visa or residency status that aligns with your work. Here are a few legitimate options:

Scenario 1: You Don’t Need a Visa

You may already have the right to live and work in France if:

• You’re an EU passport holder.
• You’re the spouse of a French or EU citizen.
• You have another visa or residence permit that grants work authorization.

Even so, you must still register with the French tax and social security systems by ensuring you’re getting a French pay slip or issuing invoices through a French legal entity such as a microentreprise, a “portage salarial” (often referred to as an Employer of Record, or EOR), or a French company.

Scenario 2: You Need a Visa

If you’re a non-EU citizen without work rights in France, consider these options:

1. International Transfer / Salarié en Mission Your employer can send you on a formal assignment to France. You’ll need a work contract and visa sponsorship tied to your foreign employment. The type of contract and the length of time you can live and work in France will be determined by your mission, responsibilities, and options for extending your work contract beyond three years.

2. Self-Employment Visa (“Profession Libérale” or “Entrepreneur”) Turn your remote work into a business. Register a company or as a micro-entrepreneur, pay your own taxes and social charges, and apply for a visa as a self-employed worker.

3. Portage Salarial + Passeport Talent Sign up with a portage salarial company. They act as your employer, handle the admin, and sponsor your visa. You’ll need a high enough income to qualify.

4. Company Incorporation Open your own French company (SAS or SARL) and run your business in France as an employee of your own company, while invoicing clients wherever they are.

Each option comes with administrative requirements, visa conditions, and minimum income thresholds. It’s best to plan at least 6-8 months ahead.

Why You Should Do Things the Right Way

Yes, it’s tempting to test the limits, especially when others boast about getting away with it. But failing to comply can have serious consequences:

• Denied visa renewals.
• Tax audits and penalties.
• Loss of eligibility for long-term residence or naturalization.
• Problems with banks or notaires when making large purchases.

Getting “caught” may take years, but once the authorities notice, it’s expensive and difficult to rectify. Préfectures have caught on to the trend of undeclared remote work, and we have been noticing an increase of requests for visitor visa holders to provide additional documentation proving their tax and employment status: their French and foreign tax declarations, bank statements, and proof of their income sources. Anyone flying under the radar should be prepared to rectify their situation promptly, preferably before they have to prove their financial resources to a French administration.

Working with Professionals

Working remotely from France is possible—but it requires careful planning and often the guidance of professionals who understand both immigration and tax implications. It’s far easier to do it right from the start than to fix it later.