Since the entry into force of the law of March 7, 2016, foreign nationals who exercise the profession of artist-performer, or are authors of a literary or artistic work may be issued a specific visa for artists: a multi-year visa equivalent to residence permit marked “talent passport“. Under the old legislation, there was a temporary residence permit for one year marked “artist-performer”, but it was removed by the law of March 7, 2016. There is now only one possibility for an artist to come and settle in France: the “artist-performer” talent passport.
This is an advantage insofar as the talent passport has a longer validity period and can dispense with the family reunification procedure. On the other hand, the conditions to benefit from it are tougher. For certain artists whose reputation is particularly important, they can also apply for a talent passport provided for in article L313-20 10 ° of the CESEDA. But it is preferable for those who hesitate between the talent passport “artist-performer” and that of article L313-20 10 ° to request the first of the two which is the one which leaves the least margin of interpretation to the administration.
The “artist-interpreter talent passport” residence permit is issued for a maximum period of four years, to foreign nationals whose artistic professional activity is carried out on French territory for a period greater than three months.
Under the terms of article L. 212-1 of the intellectual property code, the artist-performer “ is the person who represents, sings, recites, declaims, plays or otherwise performs a literary or artistic work, a variety, circus or puppet number ”.
The notion of literary or artistic work is defined by article L. 112-2 of the same code, stating that:
” Are considered in particular as intellectual works within the meaning of this code:
1 ° Books, brochures and other literary, artistic and scientific writings;
2 ° Conferences, speeches, sermons, pleadings and other works of the same nature;
3 ° Dramatic or dramatico-musical works;
4 ° Choreographic works, circus numbers, and tricks, pantomimes, the performance of which is fixed in writing or otherwise;
5 ° Musical compositions with or without words;
6 ° Cinematographic works and other works consisting of animated sequences of images, with or without sound, together called audiovisual works;
7 ° Works of drawing, painting, architecture, sculpture, engraving, lithography;
8 ° Graphic and typographic works;
9 ° Photographic works and those produced using techniques analogous to photography;
10 ° Works of applied arts;
11 ° Illustrations, geographical maps;
12 ° Plans, sketches and plastic works relating to geography, topography, architecture and science;
13 ° Software, including preparatory design material;
- The creations of the seasonal clothing and ornament industries. The seasonal clothing and ornament industries are deemed to be those industries which, due to the demands of fashion, frequently renew the shape of their products, and in particular sewing, fur, lingerie, embroidery, fashion, footwear, glove-making, leather goods, the manufacture of highly novelty fabrics or special to haute couture, and the factories of furnishing fabrics ”.
To obtain this residence permit, it is, therefore, necessary that the applicant for the permit justifies being a performer within the meaning of the provisions of the above-mentioned intellectual property code. To do this, different documents can be communicated depending on the artistic activity carried out.
In addition, the supporting documents to be attached to the request for a title, in particular relating to the means test, are different depending on whether the applicant wishes to exercise the profession of artist-performer on French territory as an employee or self-employed.
Depending on the nationality of the applicant for the title, the conditions for obtaining the “talent passport” residence card may also differ.
The law sets out two conditions for obtaining this residence permit. The first is that the foreigner justifies being a performer as provided for in the intellectual property code. For this, he must be able to justify that he is already a recognized artist when applying for a talented “artist-performer” passport. Many documents can be communicated to demonstrate the quality of the artist. Anyone who is a musician can provide copies of albums he has recorded, posters of concerts he has given. Anyone who is a writer can give copies of the books they have written.
The second condition is linked to the income that foreigners derive from their artistic activity, which must wait for a certain level. Below, the residence permit may be refused by the Prefecture or the Consulate. However, certain ancillary income may be included in the resources from abroad even if it does not reach the income fixed solely by his artistic activity.