Can an individual employer hire a foreigner employee?
Verified 27 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, an individual employer may hire a foreigner employee. Its obligations differ according to the nationality of the employee recruited. The employee may come from a non-European foreigner country, a Member State of the European Economic Area (EEA) or Switzerland, Monaco, Andorra, San Marino.
General case
An individual employer who hires a non-European foreigner employee shall comply with the following procedure:
Please note
if the future employee is British, Algerian or has the nationality of a country which has concluded a bilateral agreement with France, it is subject to special rules.
Before hiring, the individual employer must first ensure that the future foreigner employee has a residence permit valid and authorizing him to work.
These may be, for example, a long-stay visa serving as a residence permit, a residence permit with a reference to private and family life.
The employer must make a request for verification at least 2 working days prior to the date of employment.
The application shall be accompanied by the copy of the employee's residence permit.
The request is made by e-mail or registered letter with acknowledgement of receipt to the prefecture of the department of the workplace .
The prefecture sends the employer a reply within 2 working days upon receipt of his request.
In lack of response from the prefecture, the employer has fulfilled its verification obligations and can continue hiring.
Warning
this screening is mandatory even if the person being screened already has a Social Security number or is already working with other employers.
The employer must then follow the usual hiring formalities.
If the employee does not have a Social Security number, the procedure for application for registration has special features, particularly if the employer uses the universal service employment check (cesu).
Répondez aux questions successives et les réponses s’afficheront automatiquement
The employer uses the Universal Service Employment Check (USC)
The employee applies for registration social security directly with the primary sickness insurance fund of his place of residence.
To do this, he will have to provide his identity document (identity card, residence card...) and a civil status document (birth certificate).
Other case
The employer applies for registration using the form below to declare the employment of a family job with the Urssaf.
The document is completed and sent by the employer to the Ursaaf by post or by email on the agency's website.
Warning
employing a foreigner without a regular work permit is a offense fined up to €15,000 and five years in prison.
EEE
The individual employer who hires an employee who is a national of one of the Member States of the European Economic Area.follows the following procedure:
To work in France, the European does not need a residence permit or work authorization.
The employer must first ensure that the future employee has the supporting documents allowing him to verify his identity (identity card or passport for example).
The employer must then follow the usual hiring formalities.
If the employee does not have a Social Security number, the procedure for application for registration has special features, particularly if the employer uses the universal service employment check (cesu).
Répondez aux questions successives et les réponses s’afficheront automatiquement
The employer uses the Universal Service Employment Check (USC)
The employee applies for registration social security directly with the primary sickness insurance fund of his place of residence.
To do this, he will have to provide his identity document (identity card, residence card...) and a civil status document (birth certificate).
Other case
The employer applies for registration using the form below to declare the employment of a family job with the Urssaf.
The document is completed and sent by the employer to the Ursaaf by post or by email on the agency's website.
Switzerland, Monaco, Andorra, San Marino
An individual employer who hires an employee who is a Swiss, Monegasque, Andorran or San Marino national shall follow the following procedure:
France has concluded agreements with these countries or principalities.
To work in France, the Swiss, Monegasque, Andorran or San Marino national does not need a residence permit or work authorization.
The employer must first ensure that the future employee has the supporting documents allowing him to verify his identity (identity card or passport for example).
The employer must then follow the usual hiring formalities.
If the employee does not have a Social Security number, the procedure for application for registration has special features, particularly if the employer uses the universal service employment check (cesu).
Répondez aux questions successives et les réponses s’afficheront automatiquement
The employer uses the Universal Service Employment Check (USC)
The employee applies for registration social security directly with the primary sickness insurance fund of his place of residence.
To do this, he will have to provide his identity document (identity card, residence card...) and a civil status document (birth certificate).
Other case
The employer applies for registration using the form below to declare the employment of a family job with the Urssaf.
The document is completed and sent by the employer to the Ursaaf by post or by email on the agency's website.
Who can help me?
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Telephone administrative information - Allo Public Service
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Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
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Verification by the employer of the status of the foreigner permitting it to pursue an activity as an employed person in France
Categories of work authorizations and authorized professional activities
Control by the employer of work authorizations
Use of foreigners not permitted to work
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