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Work authorisation of an Algerian employed in France

Verified 02 April 2021 - Legal and Administrative Information Directorate (Prime Minister)

Foreign labour service reform

The Ministry of the Interior has since 1to April 2021 monitoring of foreigner workers. This mission was previously carried out by the Direcctes.

6 April 2021, new online service will file online work authorisation applications.

If you are an Algerian and wish to take up a salaried job in France, you must apply for a work permit (also called work permit).

The work permit allows an Algerian to work in France.

You are concerned if you are Algerian and want to work as employee in France.

No matter the nature of the employment contract (private or public) and its duration.

You need it if you request one of the following titles:

  • Employee residency certificate
  • Certificate of residence temporary worker
  • Certificate of residence artistic and cultural profession issued to the employed artist

You are exempt if you come to France to work for a period of less than or equal to 3 months in the following fields:

  • Sports, cultural, artistic and scientific events
  • Conferences, seminars and trade fairs
  • Production and dissemination of cinematographic, audiovisual, performance and phonographic editing as an artist or technical staff
  • Mannequinas and artistic pose
  • Personal services (domestic worker) during the stay in France of a particular employer
  • Audit and expertise missions in IT, management, finance, insurance, architecture and engineering as a contract employee
  • Guest Teaching

The following residence permits shall automatically be issued upon receipt:

They are issued without prior request for work authorisation from the administration.

FYI  

if you are a student and want to work, you must request a Interim Work Authorisation (TPA).

Application Filing

The work authorisation request is charged to your future employer.

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).

Parts to supply

Employee
  • Long-stay visa
  • Passport (pages on marital status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: certificate of marriage + residence or identity card of your spouse + declaration on the honour of non-polygamy in France
  • If you have children: extracts from your children's birth certificate with filiation
  • Certificate of domicile less than 3 months old
  • 1 identity photos
  • Work authorisation issued to your employer
Temporary worker
  • Long-stay visa
  • Passport (pages on marital status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: certificate of marriage + residence or identity card of your spouse + declaration on the honour of non-polygamy in France
  • If you have children: extracts from your children's birth certificate with filiation
  • Certificate of domicile less than 3 months old
  • 1 identity photos
  • Work authorisation issued to your employer
Commercial, industrial or craft occupations
  • Long-stay visa
  • Passport (pages on marital status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: certificate of marriage + residence or identity card of your spouse + declaration on the honour of non-polygamy in France
  • If you have children: extracts from your children's birth certificate with filiation
  • Certificate of domicile less than 3 months old
  • 1 identity photos
  • Depending on the case:
    • Certificate of registration of the company (statutes, extract K or Kbis)
    • Registration (or affiliation) with a professional body
    • Enrol in the Trades under 3 months
    • Affiliation with the social system of the self-employed
    • Authorisation to practise or registration with the relevant order (if you wish to practise a regulated profession)
Arts and Culture
  • Long-stay visa
  • Passport (pages on marital status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: certificate of marriage + residence or identity card of your spouse + declaration on the honour of non-polygamy in France
  • If you have children: extracts from your children's birth certificate with filiation
  • Certificate of domicile less than 3 months old
  • 1 identity photos
  • Depending on the case:
    • Work authorisation issued to your employer
    • Contract covered by the Regional Director of Cultural Affairs (RDCA)
Official
  • Long-stay visa
  • Passport (pages on marital status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: certificate of marriage + residence or identity card of your spouse + declaration on the honour of non-polygamy in France
  • If you have children: extracts from your children's birth certificate with filiation
  • Certificate of domicile less than 3 months old
  • 1 identity photos
  • Certificate issued by the competent Algerian authority specifying the duration of the planned mission to France
Scientist
  • Long-stay visa
  • Passport (pages on marital status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: certificate of marriage + residence or identity card of your spouse + declaration on the honour of non-polygamy in France
  • If you have children: extracts from your children's birth certificate with filiation
  • Certificate of domicile less than 3 months old
  • 1 identity photos
  • Host Convention signed with a public or private body having a research or higher education mission previously approved
  • If you have already been admitted to stay as a researcher in another EU country: residence permit + reception agreement (translated into French) issued by that other State

Request statement

To grant or deny work authorisation, the administration reviews a set of elements.

If you have a residence card student or a residence card job search or company creation, the administration shall verify that you are fulfilling the requirements for diplomas and qualifications laid down in the job offer in the light of the following:

  • Your resume
  • Copy of your diplomas
  • Any employment certificates

It examines the conditions of employment and remuneration (they must correspond to the uses in the trade for the type of employment concerned).

It also reviews the proposed salary which must be at least equal to Smic: titleContent or the collective agreement reference salary (even in part-time employment).

It shall also take into account:

  • 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, not paying social contributions),
  • if necessary, compliance by the employer, the user company or the host country with the conditions for regulated professional activity concerned
  • the arrangements made by your employer to provide your accommodation under normal conditions (if they arrange for you to be accommodated).

Decision of the Administration

The decision of the administration shall 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 to your employer.

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.

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

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.

Resident in Algeria

If you agree on your work authorisation, the administration will forward your file to the managementOfii: titleContent in France.

Within 3 months of your entry into France, you will be summoned to Ofii to take the obligatory medical visit. While waiting for this visit, you can start working. If you are declared fit, the prefecture will issue you the residence certificate.

Who shall I contact
Resident in France

You receive a temporary work authorisation if you are:

  • You have a provisional residence document (asylum seeker, parent of a sick minor child, etc.),
  • You have a residence permit that does not allow you to carry out, as an incidental measure, an activity as an employed person (you are a merchant, for example).

If your employment contract is longer than 3 months, you are also invited to take the medical check-up atOfii: titleContent.

Who shall I contact

You must apply for the renewal of the work authorisation before the end of the validity of your residence certificate.

You must then submit your application for a residence certificate to the prefecture or sub-prefecture of your home within 2 months of the end of the validity of your residence certificate. Find out more on your prefecture's website. Some prefectures require the applicant to submit his application for renewal up to 5 months before the expiry of his residence card to set an appointment.

Parts to supply:

You must attach a number of documents to your application.

These documents vary from:

  • it is a 1re application for renewal or not,
  • and your status as a worker.
General case
Who shall I contact

Warning  

it is not possible to do the paperwork in some sub-prefectures. Find out more on your prefecture's website.

Request statement

Your renewal application is reviewed as your 1re request for work authorisation. There is no automatic renewal.

If, on 1to renewal, you are applying for employment in a trade or geographical area different from those mentioned on your initial authorisation, the set of criteria required for a first application can be examined.

Your work authorisation shall be renewed within the remaining period of your employment contract or the mission you have to perform in France.

Decision of the Administration

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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.