Can an individual employer hire a foreigner employee?

Verified 27 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, an individual employer may hire a foreigner employee. The employee may come from a non-European foreigner country or from a Member State of the European Economic Area (EEA) or Switzerland, Monaco, Andorra, San Marino. Pre-employment checks vary according to the nationality of the employee recruited. We'll give you the information you need to remember.

General case

If the future employee is Algerian, British or has the nationality of a country which has concluded a bilateral agreement with France, it is subject to special rules.

The formalities vary depending on whether the foreigner resides in France or abroad:

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The future employee already resides in France

Verification of residence permit

Before hiring, the individual employer must check that the future foreigner employee has a residence permit valid and that the authorizes him to work.

These may be, for example, a long-stay visa serving as a residence permit, a residence permit with the words ‘employee’ or ‘private and family life’.

The employer must make the application for verification of the residence permit submitted, at least 2 working days prior to the date of employment. This check must be done by mail or letter RAR: titleContent to the prefecture of the department of the workplace.

The application must be accompanied by the copy of the employee's residence permit.

This request allows the employer to ensure that the residence permit is genuine and concerns the future employee.

Screening is mandatory even if the job applicant already has a Social Security number or is working with another employer.

The prefecture sends the employer a reply within 2 working days upon receipt of his request.

In lack of response of the prefecture, the employer has fulfilled its verification obligations.

Please note

The individual employer does not have to check the residence permit beforehand if the foreigner provides him with proof of entry on the list of job seekers issued by France Travail (formerly Pôle emploi).

Application for work authorization

The employer must also request work authorization prior to employment, in the following cases:

  • Residence permit presented by the foreigner does not allow him to work
  • Residence permit presented by the foreigner was obtained with a different employer

Once the residence permit has been verified and the work permit has been granted, the individual employer may start the recruitment procedure.

The future employee does not reside in France

Before hiring, the individual employer must begin the procedure called " introduction ”.

This procedure will allow the foreigner to enter France, to reside there and to exercise an employed activity.

The employer must first request work authorization.

The application for a work permit is made via the Internet:

Apply online for work authorization to hire a foreigner

If the work authorization application is accepted, the employer shall be informed thereof.

Depending on the country, theOfii: titleContent or the French consulate is responsible for organizing the arrival of the future employee in France (medical check, issuing of a long-stay visa as a residence permit, etc.).

If the visa is granted, the foreigner can come to France and work there directly for the applicant's employer.

After due diligence, the employer will comply with the usual hiring formalities.

Warning  

The individual employer who hires a foreigner employee without work authorization may be sanctioned by the judge of a fine and a prison sentence depending on the situation.

If the employee does not have a Social Security number, the procedure for application for registration varies depending on what employer uses the Universal Service Employment Check (Uses) or not.

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The employer uses the Cesu

The employee applies for registration social security directly with the primary health insurance fund (CPAM) 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).

Who shall I contact

Other case

The employer applies for registration on the internet to declare the employment of a family job with the Urssaf.

The document shall be completed and forwarded by the employer to Urssaf: titleContent by post or by e-mail on the organization's website.

Declaration of employment of a family job

EEE

To work in France, the European does not need a residence permit or work authorization.

The employer verifies that the future employee has the supporting documents enabling him to verify his identity (identity card or passport for example).

The employer must respect the usual hiring formalities.

If the employee does not have a Social Security number, the procedure for application for registration varies depending on what employer uses the Universal Service Employment Check (Uses) or not.

Répondez aux questions successives et les réponses s’afficheront automatiquement

The employer uses the Cesu

The employee applies for registration social security directly with the primary health insurance fund (CPAM) 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).

Who shall I contact

Other case

The employer applies for registration on the internet to declare the employment of a family job with the Urssaf.

The document shall be completed and forwarded by the employer to Urssaf: titleContent by post or by e-mail on the organization's website.

Declaration of employment of a family job

Switzerland, Monaco, Andorra, San Marino

To work in France, the Swiss, Monegasque, Andorran or San Marino citizen does not need a residence permit or work authorization.

France has concluded agreements with these countries or principalities.

The employer must verify that the future employee has the supporting documents enabling him to verify his identity (identity card or passport for example).

The employer must respect the usual hiring formalities.

If the employee does not have a Social Security number, the procedure for application for registration varies depending on what employer uses the Universal Service Employment Check (Uses) or not.

Répondez aux questions successives et les réponses s’afficheront automatiquement

The employer uses the Cesu

The employee applies for registration social security directly with the primary health insurance fund (CPAM) 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).

Who shall I contact

Other case

The employer applies for registration on the internet to declare the employment of a family job with the Urssaf.

The document shall be completed and forwarded by the employer to Urssaf: titleContent by post or by e-mail on the organization's website.

Declaration of employment of a family job

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