I am a British citizen who is waiting for a French visa (long stay, talent passport). Am I able to work remotely (from the UK) for my French employer while I wait for the visa to come through?
(I think the answer is yes because I have the right to work in the UK)
If yes, can you provide anything online that confirms this so that I can show to my French employer?
In a cross-border employment relationship, beyond visa/work permit issues, there are also issues with social security/national insurance and with taxation.
If you live and work in the UK, to be employed legally, you need to:
Unless your employer already has a subsidiary/branch in the UK, I doubt they would be willing to go through the hassle just for you.
What usually happens in such situations is that you are not employed, but under a freelance contract: you register as a sole trader, file and pay NI and taxes. Instead of receiving a salary, you send invoices to your customer (not employer). Note that depending on the amounts you may also need to register for VAT, collect VAT, file VAT returns, and pay VAT to HMRC. Depending on the situation it could also make sense to register a company rather than as a sole trader.
The UK have however rules (IR35) to prevent people who are in practice employees (they have a single “customer” who is really their employer) to act as sole traders, not sure how that works in cross-border situations.
There are also alternatives with companies that act as intermediaries (so you have a short term contract with that company, and they in turn invoice the “customer”). See “portage salarial” in French or “umbrella company” in the UK.
In any case, someone will have quite a bit of paperwork and admin to do, so it’s probably not worth the effort unless you expect it to last months.
One additional consideration is that working remotely may undermine your case for getting a visa in the first place. The officer evaluating your application may well reason: "he's already working remotely, so there is no need for him to actually be present in France".
This is the kind of tricky question that would be best asked of a legal expert experienced with this type of case.
Am I able to work remotely (from the UK) for my French employer while I wait for the visa to come through?
Yes, French laws would not apply to you while working from inside the United Kingdom.
If yes, can you provide anything online that confirms this so that I can show to my French employer?
The European Commission text ('Which rules apply to you?'), shown below, should be sufficient.
Which rules apply to you?
You work in one country
As a basic rule, you are subject to the legislation of the country where you actually work as an employed or a self-employed person. It doesn't matter where you live or where your employer is based.
Sources:
