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Work authorisation of an employed foreigner in France
Verified 01 mai 2022 - Legal and Administrative Information Directorate (Prime Minister)
Additional cases ? For an Algerian
The foreigner, who enters France to take up a paid job, must hold a work permit (also called work permit). Otherwise, he cannot be hired. The work authorisation may take the form of a visa or a residence permit or a separate document from the residence document. Penalties are provided for the employment of an illegal worker.
What applies to you ?
Depending on your personal situation, the steps to take may vary.
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Warning : if you are a citizen of a country European, Andorran, Monegasque, San Marino, you are not concerned.
The work permit allows a foreigner to work as an employee in France.
It can take one of the following forms:
- Visa
- Residence card
- Separate document of the residence document (temporary residence document "authorise its holder to work", Interim Work Authorisation - TPA).
You are affected by the work authorisation application if you are a foreigner and want to work as employee in France. No matter the nature of the employment contract (private or public) and its duration.
However, some foreigners are exempt from the requirement to apply for work authorisation.
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VLS-TS or "private and family life" residence card
Your long-stay visa (or your residence card) private and family life allows you to practise the profession of your choice. You do not need work permission.
VLS-TS or employee residence card
Your "employee" residence card allows you to work in the job that enabled you to obtain it.
If you change employment contracts, the employer will have to apply for a new work authorisation.
Each new employment contract will require work authorisation.
VLS-TS or temporary worker residence card
Your temporary worker residence card allows you to work in the job that enabled you to obtain it.
If you change employment contracts, the employer will have to apply for a new work authorisation.
Each new employment contract will require work authorisation.
Seasonal worker residence card
Your "seasonal worker" residence card allows you to exercise the job that enabled you to obtain it.
If you change employment contracts, the employer will have to apply for a new work authorisation.
Each new employment contract will require work authorisation.
Resident card or long-term resident card - EU
Your resident card (or long-term resident - EU) allows you to practise the profession of your choice. You do not need work permission.
"talent passport"
Your residence card talent passport allows you to pursue the professional activity that justified its issuance. You do not need work permission.
ICT Posted Employee Resident Card
Your residence card ICT posted employee allows you to perform the activity for which you obtained it.
VLS-TS or student residence card
With a VLS-TS (or a residence card) student you can work hard 60% annual working time (964 hours) without work authorisation.
It is possible, under certain conditions, to work beyond this limit.
"Job search or company creation" residence card
With a residence card job search or company creation, you do not need work permission.
This residence card allows you to search for and hold a job in connection with your training or research. Your pay must be greater than €2,468.38.
Provisional authorisation of stay "Master"
With a temporary residence permit (APS) for young graduates, you do not need a work permit.
This APS allows you to search for and hold a job related to your training or research. Your pay must be greater than €2,468.38.
Receipt of a notice "authorises its holder to work"
With a receipt that says "authorise its holder to work", you do not need a work authorisation.
Work holiday visa
If you have working holiday visa, you automatically have work permission unless you are an australian or a russian.
Posted employee working for a European service provider
If you are a posted employee (under certain conditions) in France and work for a European service provider, you do not need work permission.
Sports, cultural, artistic and scientific events
If the benefit is less than or equal to 3 months, you do not need work authorisation.
Conferences, seminars and trade fairs
If the benefit is less than or equal to 3 months, you do not need work authorisation.
Production and dissemination of cinematographic, audiovisual, performance and phonographic editing as an artist or technical staff
If the benefit is less than or equal to 3 months, you do not need work authorisation.
Mannequinas and artistic pose
If the benefit is less than or equal to 3 months, you do not need work authorisation.
Personal services (domestic worker) during the stay in France of a particular employer
If the benefit is less than or equal to 3 months, you do not need work authorisation.
Audit and expertise missions in IT, management, finance, insurance, architecture and engineering as a contract employee
If the benefit is less than or equal to 3 months, you do not need work authorisation.
Guest Teaching
If the benefit is less than or equal to 3 months, you do not need work authorisation.
Schengen short-stay visa
You must request permission to work before starting your activity.
FYI : asylum seekers who have not received a response to their application for 6 months may also apply for work authorisation. They have had to produce a certificate of application for asylum for more than 6 months.
Application by Employer
It is your future employer who must apply for work authorisation (also called introductory procedure).
It should follow several steps:
- Publication of the job offer with the Public Employment Service for 3 weeks, accompanied by a file for application
- Forwarding the file to the administration if the offer is unsuccessful
Apply online for work authorisation to hire a foreigner
Ministry of the Interior
The employer must check the title which allows the foreigner to work in France with the prefecture of the place of hiring (unless the foreigner is registered on the list of job seekers), at least 2 business days before the effective date of hiring. In practice, the employer must send an e-mail with an attached copy (scan) of the work permit title. At the request of the Prefect, the foreigner may be required to produce the original document.
The Prefect shall notify the employer of his reply within 2 working days of receipt of the request. Without a response within this period, the employer's obligation to ensure the existence of the work authorisation is considered fulfilled.
No individual or corporation (company, association, etc.) shall hire or retain a foreigner worker without a work permit.
Illegal use of a foreigner is an offence punishable by criminal penalties (prison sentence, fines and additional penalties such as prohibition of use).
Who shall I contact
Pôle emploi for employers - 3995
Unique number for companies, craftsmen, traders and employers who wish to recruit, submit a job offer and obtain information on recruitment and hiring aids
Phone
39,95
Monday and Thursday from 7:35 to 13:10 and 13:30 to 16:50, Tuesday and Wednesday from 7:35 to 13:15, Friday from 7:35 to 11:25
Gray or unmarked number: cost of calling to a landline and free service from a landline or mobile phone
From the foreigner (border companies for example), dial +33 1 77 86 39 95
Request statement
To grant or deny work authorisation, the administration reviews a set of elements.
Administration Scans employment situation in the occupation and the employment pool concerned.
If you have a residence card student or a residence card job search or company creation, it shall verify that you fulfil the requirements for diplomas and qualifications laid down in the job offer, in the light of the following documents:
- Curriculum vitae
- Copy of diplomas
- Possible employment certificates
It reviews the proposed salary, which must be at least equal to Smic or the minimum remuneration provided for in the collective agreement (even in the case of part-time employment).
It shall also take into account the following criteria:
- Compliance by the employer (and/or the user and/or host company) with labour and social protection legislation. In case of non-compliance, the work authorisation is refused (e.g.: hidden work, non-payment of social security contributions)
- If necessary, the employer, the user or host company or the employee shall comply with the conditions for the exercise of regulated professional activity concerned
Decision of the Administration
Decision
The decision shall normally be taken within a maximum period of 2 months following the filing of the full application.
If the administration has not responded within this 2 month period, the request is denied.
It notified the employer, who sends it to you.
In the event of a written refusal, the decision must specify the reasons for the refusal. It shall indicate the means and time limits for appeal.
The application shall be rejected if one or more of the criteria for issuing the work authorisation are not met. This is the case if the employer can use the available labour in France.
Please note : if the application for work authorisation concerns a asylum seeker, the administration has 2 months to render its decision. If the administration has not responded within this 2 month period, the request is accepted.
Appeal
One ex gratia may be lodged with the authority which took the decision (address provided on the notification of refusal).
A hierarchical appeal may also be submitted to the Minister of the Interior.
An appeal for annulment before the Administrative Court is also possible. To be admissible, it must be filed within certain time limits and contain a copy of the refusal decision.
In the absence of an application for a pardon or a hierarchical remedy, the time limit for bringing the matter before the judge shall be 2 months from the date of the notification of rejection of the application for a work permit or the implied refusal.
Administrative and contentious appeals shall not suspend the execution of the refusal decision. However, suspended or registered freedom may be filed.
Who shall I contact
Tax
When the work authorisation is granted, the employer must pay a fee, the amount of which is determined by the foreigner worker's level of pay.
Contract of employment exceeding 3 months and less than 12 months
The amount of the tax varies according to the gross monthly salary paid:
Gross monthly salary amount | Tax Amount |
|---|---|
Less than or equal to €1,645.58 (Smic) | €74 |
Between €1,645.58 and €2,468.38 | €210 |
Greater than €2,468.38 | €300 |
Contract for work of 12 months or more
The amount of the tax varies according to the gross monthly salary paid:
Salary Amount | Tax Amount |
|---|---|
Less than €4,113.96 | 55% gross monthly salary |
Greater than or equal to €4,113.96 | €2,262.68 |
The employer must pay the tax within 3 months of issue:
- Documents required at 1re entry into France of the posted worker
- From the work authorisation of the 1re admission to stay as an employee
Employer pays tax to employerOfii that sends him a payment notice. The tax must be paid upon receipt of the notice, even if the employee has not yet arrived in France.
Please note : this tax does not apply to European nationals, as they enjoy freedom of movement and establishment in France.
If you agree on your work authorisation, you must pass a medical examination. The procedure you must follow differs depending on whether you are already in France or not.
You reside in the foreigner
Armenia, Cameroon, Mali, Morocco, Romania, Senegal, Tunisia, Turkey
In case of agreement on your work authorisation, the administration sends your file to theOfii the foreigner concerned.
The Ofii representation at the foreigner in question calls you to take a medical examination before you enter France. If you are declared fit, the Ofii forwards your application to the French consulate concerned for the issue of your visa.
Once in France, you will need to:
- have your long-stay visa valid as a residence permit (VLS-TS) validated within 3 months of your entry into France,
- or, if you hold another visa, ask for a residence card at your home prefecture.
Validate a long-stay visa valid as a residence permit (VLS-TS) and pay the fee
Ministry of the Interior
In Paris:
Other
If you agree on your work authorisation, the administration will forward your file to the managementOfii in France.
Once in France, you will need to:
- have your long-stay visa valid as a residence permit (VLS-TS) validated within 3 months of your entry into France,
- or, if you hold another visa, ask for a residence card at your home prefecture.
Once your visa has been validated or your application for a residence card has been submitted, you will be summoned to Ofii to take the required medical examination.
Validate a long-stay visa valid as a residence permit (VLS-TS) and pay the fee
Ministry of the Interior
In Paris:
You reside in France
You receive a temporary work authorisation if you have one of the following documents:
- Provisional document of residence (asylum seeker, parent of a sick minor child, etc.)
- A residence card but which does not allow you to carry out an activity as an employee (for example, if you are a merchant)
If your contract of employment exceeds 3 months, you are also summoned to take the medical visit to Ofii.
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Resident card or long-term resident card - EU
Resident card and long-term resident - EU allow you to work with any employer in metropolitan France and overseas departments.
VLS-TS or student residence card
The long-stay visa valid as a residence permit student and residence card student enable them to pursue any professional activity up to 964 hours/year (60% the statutory annual working time) with any employer in metropolitan France.
VLS-TS or employee residence card
The long-stay visa valid as a residence permit employee and residence card employee enable them to carry out the activity listed on the employment contract with a specific employer in one or more geographical areas, or in all of metropolitan France according to the employment situation.
VLS-TS or temporary worker residence card
The long-stay visa (or the residence card) temporary worker allows the activity on the employment contract with a specified employer, in one or more geographical areas or the whole of metropolitan France, depending on the employment situation
Seasonal worker residence card
The multi-year residence card seasonal worker allows seasonal activity on the employment contract with a specified employer in a specified geographical area. 1to employment contract must be longer than 3 months.
ICT Posted Employee Resident Card
The multi-year residence card ICT posted employee allows the activity related to the mission in France with a specific employer in one or more geographical areas
VLS-TS or "private and family life" residence card
At first issue, the validity of the VLS-TS or the residence card private and family life is 1 year. It allows you to carry out any professional activity (except the 1re year for the long-term resident - EU from another European Union country) with any employer in mainland France and overseas departments
Receipt "Permits work"
The professional activity is possible under the same conditions as the residence permit he anticipates.
"Job search or company creation" residence card
It allows you to stay and work in France without restriction in order to get a job or to create a company related to the studies. The validity period is 12 months.
Provisional residence permit for young graduates
It is issued to students whose nationalities are covered by a bilateral agreement on the management of migratory flows. The validity and the possibility of renewal vary according to the agreement. It allows any activity in metropolitan France while looking for a job within 60% annual working time.
Other temporary residence permit
It allows the activity mentioned on the document with an employer determined in a geographical area determined. It shall be valid for a maximum period of 12 months.
The work authorisation issued in a department of overseas or overseas authority or territory is valid only in that department, community or territory.
If you have such permission and want to work in mainland France, you must get new work permission. You do not have to apply for work authorisation if you have a resident card, a residence card private and family life or a residence card EU Blue Card. In these 3 cases, you must report your address change in prefecture. A new residence permit of the same duration will be given to you.
Who shall I contact
Who shall I contact
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Long-stay visa valid for residence (VLS-TS)
Your request is accepted
If you agree to your request, you will receive a 1re residence card.
Your request is denied
Your renewal request may be refused if you are in one of the following situations:
- Your employer has violated labour or social protection laws
- Your employer did not comply with the conditions of employment, remuneration or accommodation set out in the work authorisation
- You have not complied with the information on your authorisation (for example, you have been engaged in a trade other than that mentioned on the authorisation)
- Your employment contract has been terminated within 12 months of your employment, except in the event of an involuntary loss of employment
In case of refusal of renewal, you will normally receive a refusal of stay with an obligation to leave France (OQTF), unless you can take advantage of the rest of your stay (for example for family reasons).
Residence card
If the request is accepted
If you agree to your request, your residence card is renewed.
If the request is denied
Your renewal request may be refused if you are in one of the following situations:
- Your employer has violated labour or social protection laws
- Your employer did not comply with the conditions of employment, remuneration or accommodation set out in the work authorisation
- You have not complied with the information on your authorisation (for example, you have been engaged in a trade other than that mentioned on the authorisation)
- Your employment contract has been terminated within 12 months of your employment, except in the event of an involuntary loss of employment
In case of refusal of renewal, you receive a refusal of stay with an obligation to leave France (OQTF), unless you can take advantage of the stay in another capacity. For example, for family reasons.
Provisional Work Authorisation
If the request is accepted
If you agree to your application, your provisional work authorisation is renewed.
If the request is denied
Your renewal request may be refused if you are in one of the following situations:
- Your employer did not comply with labour or social protection legislation
- Your employer did not comply with the conditions of employment, remuneration or accommodation set out in the work authorisation
- You have not complied with the information on your authorisation (for example, you have been engaged in a trade other than that mentioned on the authorisation)
- Your employment contract has been terminated within 12 months of your hiring and this is not an involuntary loss of employment
In case of refusal of renewal, you receive a refusal of stay with an obligation to leave France (OQTF), unless you can take advantage of the rest of your stay (for example for family reasons).