Fiche pratique

EMPLOYMENT OF FOREIGN CITIZENS

 

Applicable texts
   Work code
   Articles L 313-7 and R 313-7 from CESEDA: student residence permit
   Articles L 313-10 and R 313-10 and from R 313-15 to R 313-19-1 of CESEDA: residence permits authorizing the practice of a
       professional activity

   Decree from August 11, 2011 (list of professions where the situation of employment is not opposed) voir ou télécharger le document
   Circular from November 24, 2009
  
Addendum from June 18, 2010
   Decree from October 10, 2007 (list of documents to present for employment authorization)
   Decree from May 12, 2011 (list of diplomas equivalent to the master)
voir ou télécharger le document

Depending on the nationality, the entry conditions and the motives for residence in France, a foreigner will or will not be authorized to practice a professional activity.

These 4 situations must be distinguished from each other:
   That of the foreigner who comes to France to work there;
   That of the foreigner who is legally permitted to be in France, but whose residence permit does not authorize employment;
   That of the foreigner who is illegally residing in France but who has employment prospects;
   That of the foreign student who wishes to work in France.

The table below sums up the rules and applicable procedures for each situation.

 

Coming to France to work there

 Working in France as a legal resident

Working in France as an illegal resident

Working in France as a student

RULE

A foreigner can only come to France to work if he/she has obtained a preliminary authorization and it is generally the future employer who completes these steps due to the introductory procedure of a salaried foreigner

The foreigner can come as a seasonal or permanent worker, possessing a high level etc. and obtain the corresponding residence permit

 

 

To legally work in France the foreigner must have either:

 

-an employment authorization issued by the  DIRECCTE (Regional directorate for companies, competition, consumption, work and employment)

 

-a residence permit authorizing employment in France: residence permit, residence permit for private and family purposes etc.

If the residence permit does not authorize employment, a change of status must be requested

 

Working without authorization is a crime punishable by a 15,000 euro fine and a 5 year prison sentence

 

BUT

There is a possibility for regularization since January 18, 2008 for foreigners having employment prospects for certain professions where there are recruitment difficulties

This procedure was clarified in the November 24, 2009 circular and the addendum from June 18, 2010

 

A foreign student is authorized to work up to 964 hours of the year which is equivalent to a period of 20 hours per week

 

For Algerian students, it is possible to work up to 50% of the annual work period but a provisional work authorization must be requested with the DIRECCTE (Regional directorate for companies, competition, consumption, work and employment)

 

 

Coming to France to work there

Working in France as a legal resident

Working in France as an illegal resident

Working in France as a student

 

▪The future employer must have an employment offer published with the employment office but the employment situation is opposable (except for “jobs with many vacancies” professions) and there must not be an available worker who is qualified for the position

▪ If the offer isn’t satisfied, an attestation is given by the employment office and the application can be filed with the DIRECCTE
▪If the DIRECCTE grants the employment authorization, the application is transferred to OFII (French Office for Immigration and Integration) (its Paris headquarters or its delegation in certain countries like Morocco, Tunisia or Turkey) that organize the foreigner’s coming to France: transferring the application to the embassy to issue the visa, medical examination upon the arrival in France etc.

▪ The residence permit will bear different mentions according to the length of the contract and the nature of the employment
 « salaried », « temporary worker », « seasonal worker » etc.

▪ The employer must then pay a contribution whose sum varies according to the length and average earnings of the contract

▪ The foreigner addresses her/her request for a change of status at the Prefecture: he/she must include a request for employment authorization provided by the employer. It is up to the employer to provide most of the requested documents

▪The DIRECCTE will decide if the employment authorization can or cannot be issued

If the request is accepted, a residence permit will be issued:

  • It will carry the mention « temporary worker” if the contract is for less than 12 months
  • It will carry the mention « salaried worker » if the contract is for 12 months or longer

 

 

- The employer must then pay a contribution whose sum varies according to the length and average earnings of the contract

The foreigner must produce a proposition of a work contract for an indeterminate period (or exceptionally a contract determined for at least 1 year)
bearing one of the 14 professions concerned in the decree from August 11, 2011 or a job with many vacancies,
and have resided in France for 5 years, justify a good integration and prior professional experience   

 

Bilateral accords decided with Benin, Gabon, Senegal or Tunisia plan improvements to this list of professions

 

Additionally, the foreign worker must provide justifications preview by the decree from October 10, 2007

It is the responsibility of the employer to complete the steps for the employment authorization with the Prefecture services in his/her city of residence in soliciting the goodwill of the Prefect

The employer must then pay a contribution whose sum varies according to the length and average earnings of the contract

Algerian citizens cannot benefit from this measure

 

WHILE STUDYING

  • The employer must declare at the Prefecture the hiring of the student at least two business days before the beginning of the work contract

 

  • This formality is fulfilled either by certified signed and dated mail, or by e-mail

 

  • If the student exceeds the limit established by the law to work, his/her residence permit could be revoked from him/her

 

AFTER STUDYING

  • If the student has a diploma equivalent to that of a Master II, he/she must, 4 months before the expiration of the student resident permit, solicit a provisional authorization for 6 months employment for a first experience in France: if full-time employment related to the studies is proposed, he/she must  request a change in status within 15 days following the beginning of the contract

 

  • Otherwise, the student must request a change in status with the prefecture : which has been made more difficult since the circular from May 31, 2011

 

dernière mise à jour le : 13/03/2014.
  Ce document est la propriété de l'ADATE - Fiche pratique provenant du site info-droits-etrangers.org