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Work authorization of an employed foreigner in France
Verified 01 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Additional cases ?
The foreigner who wishes entering France for work must have a work permit. It may take the form of a endorsement or a residence permit, or a separate document of the residence document. It's the future employer who makes the request. Penalties are provided for in the case of the employment of an employee without authorization. We explain the steps to follow.
What applies to you ?
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Warning
If you are a citizen of a country European, Andorran, Monegasque, San Marino, you are not concerned.
Step-by-step approach
The foreigner is concerned by the application for work authorization if he wishes to work as a salaried worker in France. It does not matter what the nature of the contract of employment (private or public) is or how long it lasts.
However, in some cases, the employer does not have to apply for a work permit.
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The foreigner has a VLS-TS or a residence card "private and family life"
A long-stay visa as a residence permit (or residence card) private and family life allows you to practice the profession of your choice. The foreigner doesn't need a work permit.
In 1re issue, the validity of the VLS-TS or the residence card private and family life is 1 year old. It allows any professional activity to be carried out with any employer, by Metropolitan France and overseas departments.
These provisions shall not apply, save in the case of exception 1re year, for the family of the long-term resident - EU from another EU country.
The foreigner has a VLS-TS or an "employee" residence card
An "employed" residence card allows you to work in the job that enabled you to obtain it.
If the foreigner changes its employment contract, the employer will have to request a new work authorization.
Each new employment contract will require a work permit.
Long-stay visa as residence permit salaried worker and the residence card salaried worker exercise the activity indicated on the contract of employment with a particular employer in a geographical area. They can also allow this activity throughout the Metropolitan France if the proposed employment is on the list of tension looms.
The foreigner has a VLS-TS or a temporary worker residence card
A temporary worker's residence permit allows the person to work in the job which enabled him or her to obtain it.
If the foreigner changes its employment contract, the employer will have to request a new work authorization.
Each new employment contract will require a work permit.
Long-stay visa as residence permit (or residence card) temporary worker allows you to exercise theactivity on the contract of employment with a particular employer in a geographical area. They can also allow this activity throughout the Metropolitan France if the proposed employment is on the list of tension looms.
The foreigner has a "seasonal worker" residence permit
A "seasonal worker" residence permit allows the person to work in the job which enabled him to obtain it.
If the foreigner changes its employment contract, the employer will have to request a new work authorization.
Each new employment contract will require a work permit.
The multi-annual residence card seasonal worker exercise the seasonal activity indicated on the contract of employment with a particular employer in a given geographical area. The 1er employment contract must be longer than 3 months.
The foreigner has a resident card or a "long-term resident - EU" card
A Resident Card (or long-term resident - EU) allows you toto practice the profession of his choice. The foreigner doesn't need a work permit.
Resident Card and Resident Card long-term resident - EU allow toto engage in any professional activity, with any employer, by Metropolitan France and overseas departments.
The foreigner has a "talent passport" residence card
A residence card talent passport allows you to exercise theprofessional activity for which it was granted. The foreigner doesn't need a work permit.
The foreigner has a residence card "ICT seconded employee"
A residence card ICT seconded employee allows you to exercise theactivity for which it was obtained.
The multi-annual residence card ICT seconded employee exercise the activity related to the mission to France with a particular employer in a geographical area.
The foreigner has a VLS-TS or a "student" residence card
With a VLS-TS (or a residence card) student, the foreigner can work as much as possible 60% annual hours of work (964 hours) without work authorization.
It is possible, under certain conditions, to work beyond this limit.
Long-stay visa as residence permit student and the residence card student allow any professional activity to be carried out up to 964 hours/year (60% the annual legal duration of work) with any employer in Metropolitan France.
The foreigner has a residence card "job search or company creation"
With a residence card job search or company creation, the foreigner does not need a work permit.
This card entitles the foreigner to stay in France.
It also authorizes him to seek and hold employment in connection with his training or research. The foreigner's remuneration must be greater than €2,702.70.
It is valid for 12 months.
The foreigner has a provisional residence permit "Master" or "Job search and company creation"
With a provisional residence permit (APS), a young graduate of a Master's degree does not need a work permit.
This APS allows the young graduate of a Master's degree to seek and hold a job in connection with his training or research.
His remuneration must be greater than €2,702.70.
The foreigner has a receipt that says "entitles the holder to work"
The situation is different depending on the residence permit
The residence permit did not require a work permit to obtain it
The receipt authorizes to work under the same conditions as the residence permit being renewed.
The residence permit required a work permit in order to obtain it
The contract of employment is always the same
The receipt authorizes to work, it is not necessary to request a new work authorization.
The contract of employment is not the same
The receipt doesn't allow you to work. A new work permit is required.
The foreigner has a working holiday visa
If the foreigner has a working holiday visa, he shall automatically be granted work authorization, unless he's russian.
The foreigner is a posted employee working for a European service provider
If the foreigner is an employee posted to France and works for a European service providerNo, he doesn't need a work permit.
The foreigner comes in the context of sporting, cultural, artistic and scientific events
If the benefit is less than or equal to 3 months, the foreigner does not need a work authorization.
The foreigner comes in the framework of seminars, seminars and trade shows
If the benefit is less than or equal to 3 months, the foreigner does not need a work authorization.
The foreigner comes within the framework of cinematographic, audiovisual production and dissemination, of the performance and phonographic edition, as artist or technical staff
If the benefit is less than or equal to 3 months, the foreigner does not need a work authorization.
The foreigner comes in the context of modeling and artistic pose
If the benefit is less than or equal to 3 months, the foreigner does not need a work authorization.
The foreigner comes as part of personal services (domestic worker) during the stay in France of a particular employer
If the benefit is less than or equal to 3 months, the foreigner does not need a work authorization.
The foreigner comes in the framework of audit missions and expertise in IT, management, finance, insurance, architecture and engineering as a seconded employee under contract
If the benefit is less than or equal to 3 months, the foreigner does not need a work authorization.
The foreigner comes as part of a teaching given as a visiting professor
If the benefit is less than or equal to 3 months, the foreigner does not need a work authorization.
The foreigner has a Schengen short-stay visa
The foreigner must apply for a work permit before starting work.
The foreigner has a temporary residence permit for young graduates
It is issued to students whose nationalities are covered by a bilateral migration management agreement.
The validity and the possibility of renewal vary according to the agreement.
The temporary residence permit allows any activity in metropolitan France during the search for a job within the limit of 60% annual working time.
The foreigner has another provisional residence permit
It allows you to exercise the activity mentioned on the document with an employer determined in a geographical area determined. It is valid for a maximum of 12 months.
If the work permit has been issued in a overseas department or in a overseas collectivity or territory, it is valid only in that department, community or territory.
If the foreigner is the holder of such an authorization and wishes to work in mainland France, it must obtain a new work authorization.
They don't have to apply for work authorization if they have a resident card, a residence card private and family life or a residence card European Blue Card.
In these 3 cases, he must report his change of address in the prefecture. A new residence permit of the same duration, with the new address, will be issued.
Who shall I contact
FYI
Asylum seekers who have not received a reply to their application for six months may also apply for a work permit. They must produce a certificate of lodging an asylum application for more than 6 months.
Work authorization is granted when the application completes all of the following 4 conditions :
- Conditions related to employment :
- Proposed employment is listed under tension looms
- Or the offer for the proposed job was published for 3 weeks with the bodies contributing to the public employment service (France Travail, for example) and no valid application was received
- Conditions attached to the employer : In particular, he must be up to date with his social statements
- Condition practicing the trade if the profession is regulated
- Conditions related to remuneration : remuneration may not not be less to Smic: titleContent (or at the salary provided for in the collective agreement applicable to the company, if such remuneration is higher than the Smic).
Please note
For details of the conditions for issuing a work authorization, you can consult the “how are work permits issued? ”
The process is carried out via the Internet on this online service:
Apply online for work authorization to hire a foreigner
The employer must check the title which entitles the foreigner to work in France with the prefecture of the place of employment at least 2 working days before the actual date of employment.
If the foreigner is on France Travail's list of jobseekers, the employer does not have to carry out an audit.
In practice, the employer has to send an email with the copy (scan) of the work permit title attached. At the request of the prefect, the foreigner may require the production of the original document.
The prefect shall notify the employer of his reply within two working days of receipt of the request. Without a reply within that period, the employer's obligation to ascertain the existence of the work permit shall be deemed to have been fulfilled.
It is prohibited for any individual or legal person (company, association, etc.) to hire or retain a foreigner worker without a work permit.
Illegal use of a foreigner is an offense punishable by criminal penalties (prison sentence, fines and additional penalties such as prohibition from practicing).
Who shall I contact
France Labor (formerly Pôle emploi) for employers - 3995
Unique number for companies, artisans, traders and employers who want to recruit, submit a job offer and get information on recruitment and hiring aids
By telephone
39,95
Monday and Thursday from 7:35 am to 1:10 pm and 1:30 pm to 4:50 pm, Tuesday and Wednesday from 7:35 am to 1:15 pm, Friday from 7:35 am to 11:25 am
Gray or unmarked number: cost of a call to a landline and free service, from a landline or mobile phone
From the foreigner (border companies for example), dial the +33 1 77 86 39 95
In order to grant or refuse work authorization, the administration examines a set of elements.
Administration analyzes the list of tensioned looms in the profession and the area of employment concerned.
If the foreigner has a residence card student or a residence card job search or company creation, the administration shall verify that it meets the requirements of the diplomas and qualifications set out in the job offer, on the basis of the following documents:
- Curriculum vitae
- Copy of diplomas
- Possible certificates of employment
It examines the proposed salary, which must be at least Smic: titleContent 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 labor and social protection legislation. In case of non-compliance, the work authorization is refused (e.g. hidden work, non-payment of social security contributions)
- Where necessary, compliance by the employer, the user or host company or the employee with the conditions governing the the regulated professional activity concerned
Agreement
The decision shall be taken within a maximum of two months of the submission of the complete application.
She's notified to the employer.
The employer then sends the decision abroad.
Please note
If the work authorization application concerns a asylum seeker, the administration has 2 months to make its decision. If the administration has not replied within this period of two months, the request shall be accepted.
Refusal
The decision shall be taken within a maximum of two months of the submission of the complete application.
If the administration has not replied within this period of two months, the request shall be refused.
She's notified to the employer.
The employer then sends the decision abroad.
In the case of a written refusal, the decision must state the reasons for the refusal. It must indicate the remedies and time limits for appeal.
The application shall be rejected if one or more criteria for the issue of the work authorization are not met. This is the case if the employer can call on the labor available in France.
Please note
If the work authorization application concerns a asylum seeker, the administration has 2 months to make its decision. If the administration has not replied within this period of two months, the request shall be accepted.
Appeals in the event of refusal
One ex gratia appeal may be lodged with the administration which took the decision (address given on notification of refusal).
One hierarchical remedy may also be submitted to the Immigration Directorate of the Ministry of the Interior.
An action for annulment before the Administrative Court is also possible. In order to be admissible, it must be filed within certain time limits and contain a copy of the refusal decision.
In the absence of an ex gratia or hierarchical appeal, the time limit for bringing proceedings before the judge is 2 months from the notification of rejection of the application for a work permit or of the implicit refusal.
As long as the appeal has not been dealt with, the refusal decision shall apply. However, a interim suspension or a interlocutory freedom may be deposited.
Where work authorization is granted for the employment of a foreigner employee, the employer must pay a fee.
This tax does not apply to nationals Europeans, Andorran, Monegasque and San Marino as they enjoy freedom of movement and establishment in France.
The tax is due only on the occasion of the firstre issue of the residence permit of the employee or posted worker.
Please note
Individual employers are exempt from this tax.
The amount of the tax due by the employer shall be determined according to the length of the contract of employment, the level of remuneration and the type of contract of employment of the foreigner or posted employee.
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Employment contract over 3 months and under 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 €1,801.80 (Smic: titleContent) | €74 |
Enter €1,801.80 and €2,702.70 | €210 |
Greater than €2,702.70 | €300 |
Contract of employment of 12 months or more
The amount of the tax varies according to the gross monthly salary paid.
Salary Amount | Tax Amount |
|---|---|
Less than €4,504.50 | 55% gross monthly salary |
Greater than or equal to €4,504.50 | €2,477.48 |
Hiring under seasonal employment contracts
The amount of the tax is €50 per month of full or incomplete employment. The tax is due for each hire.
Hiring under a bilateral exchange agreement for young professionals
If hired in the framework of a bilateral agreement for exchanges of young professionals, the amount of the fee is €72 irrespective of the duration of the employment contract and the amount of salary.
Temporary hiring as a language assistant
There is no tax to pay regardless of the duration of the employment contract and the amount of salary.
How to declare and pay the tax due by the employer?
The employer must declare and pay the tax annually and in due course to the General Directorate of Public Finance (DGFiP).
The tax is payable for hires made in the course of a year.
She's declared and paid in support of the VAT return the following year.
In the event of cessation of activity, the employer will have to declare and pay immediately without waiting until the following year.
The way in which the tax is declared and paid follows the employer’s VAT system.
- The employer who depends of the normal effective system of taxation must teledeclare its tax. This declaration shall be made on Annex No3310 A. The VAT return must be filed in January or 1er quarter of the year following that in which the tax became chargeable.
- The employer who depends of the simplified system of taxation VAT (ROI) or simplified agricultural arrangements VAT (RSA) must remotely declare the tax on the form n°3517-S-SD (general scheme) or n° 3517-AGR-SD (agricultural scheme). It must be filed in respect of the financial year in which the tax became chargeable.
- The employer who is not liable for payment of VAT must remotely declare its tax on the schedule No. 3310 A the VAT return by 25 February of the year following the year in which the VAT became chargeable.
More detailed information is available on the impots.gouv.fr website.
If the application for a work permit is granted, the foreigner must undergo a medical examination. The procedure to follow differs depending on whether the foreigner already resides in France or not.
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The foreigner resides abroad
The foreigner resides in Armenia, Cameroon, Mali, Morocco, Romania, Senegal, Tunisia, Turkey
In the event of a favorable response to the request for work authorization, the administration shall forward the foreigner's file to the representation of theOfii: titleContent to the foreign national concerned.
The Ofii representation abroad concerned summons the foreigner to undergo a medical examination before entering France. If he is declared fit, the Ofii forwards his file to the consulate of France concerned for the issue of his visa.
Once in France, the foreigner must:
- or have his long-stay visa (VLS-TS) validated within 3 months of your entry into France,
- or, if he holds another visa, apply for a residence permit at the prefecture of his residence.
Validate a long-stay visa as a residence permit (VLS-TS) and pay the tax
The foreigner resides in another country
In the event of a favorable response to the request for work authorization, the administration shall forward the foreigner's file to the management of theOfii: titleContent competent in France.
Once in France, the foreigner must:
- either have his long-stay visa (VLS-TS) valid within 3 months of entering France, or
- or, if he holds another visa, apply for a residence permit at the prefecture of his residence.
Once the visa has been validated or the application for a residence card has been submitted, the foreigner will be summoned to the Ofii to undergo the mandatory medical examination.
Validate a long-stay visa as a residence permit (VLS-TS) and pay the tax
The foreigner resides in France
The foreigner shall receive a provisional work authorization if it has one of the following documents:
- Temporary residence document (asylum seeker, parent of a sick minor child, etc.)
- Residence permit but which does not allow him to exercise, as an ancillary activity, an employed activity (if the foreigner is a trader, for example)
If the contract of employment exceeds 3 months, the foreigner is also summoned to the Ofii for the medical examination.
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The foreigner has a long-stay visa as a residence permit (VLS-TS)
If the foreigner has a long-stay visa valid as a residence permit (VLS-TS) issued after obtaining a work permit, the employer must apply for the renewal of the work permit within 2 months before VLS-TS expires.
The foreigner must then submit its application for a residence permit to the prefecture or sub-prefecture of its domicile within 2 months before the expiry of its VLS-TS.
Documents to be provided
List of attachments to request work authorization
The employer must attach a number of documents to its application.
The list of documents to be provided varies according to the residence permit held by the foreigner.
Work Authorization Application Instruction
The application for renewal shall be examined as 1re application for work authorization. There is no automatic renewal.
If, on 1er renewal, the foreigner applies for a job in a trade or geographical area different from those mentioned in its initial authorization, all the criteria required for a first application can be examined.
The work authorization shall be renewed within the limits of the remainder of the contract of employment or of the assignment which remains to be completed in France.
Decision of the administration
In case of agreement on the request, the foreigner receives a 1re residence card.
Renewal request may be refused if the foreigner is in any of the following situations:
- The employer has contravened labor or social protection legislation
- The employer did not comply with the conditions of employment, remuneration or accommodation laid down in the work permit
- The foreigner did not comply with the particulars on its authorization (e.g. it engaged in a trade other than that mentioned on the authorization)
- The employment contract was terminated within 12 months of your employment, except in case of involuntary loss of employment
In case of refusal of renewal, the foreigner normally receives a refusal of residence accompanied by a obligation to leave France (OQTF), unless he is entitled to reside in another capacity (for example for family reasons).
The foreigner has a residence card
If the foreigner has a residence card issued after an application for a work permit, the employer must request the renewal of the work permit before the validity of the card expires.
The foreigner must then submit his application for a residence permit to the prefecture or sub-prefecture of his residence, within 2 months before the expiry of the validity of his residence permit.
Find out more on the website of the prefecture. Some prefectures require applicants to submit their renewal application up to 5 months before the expiry of their residence card to schedule an appointment.
Documents to be provided
The employer must attach a number of documents to its application.
These documents vary depending on whether it is a 1re application for renewal or not, whether the job he is going to occupy is the same or not as that which gave rise to his 1re work permit, and according to his status as a worker.
Work Authorization Application Instruction
The application for renewal shall be examined as 1re application for work authorization. There is no automatic renewal.
If, on 1er renewal, the foreigner applies for a job in a trade or geographical area different from those mentioned in its initial authorization, all the criteria required for a first application can be examined.
The work authorization shall be renewed within the limits of the remainder of the contract of employment or of the assignment which remains to be completed in France.
Decision of the administration
In case of agreement on the request, the foreigner receives a 1re residence card.
Renewal request may be refused if the foreigner is in any of the following situations:
- The employer has contravened labor or social protection legislation
- The employer did not comply with the conditions of employment, remuneration or accommodation laid down in the work permit
- The foreigner did not comply with the particulars on its authorization (e.g. it engaged in a trade other than that mentioned on the authorization)
- The employment contract was terminated within 12 months of your employment, except in case of involuntary loss of employment
In case of refusal of renewal, the foreigner normally receives a refusal of residence accompanied by a obligation to leave France (OQTF), unless he is entitled to reside in another capacity (for example for family reasons).
The foreigner has a provisional work permit
The employer must submit his application on the Internet within 2 months before the foreigner's provisional work authorization expires.
Apply online for work authorization to hire a foreigner
Documents to be provided
The employer must attach a number of documents to its application.
These documents vary depending on whether it is a 1re application for renewal or not, whether or not the foreigner's job is the same as the one that gave rise to sa1re work permit, and according to his status as a worker.
Work Authorization Application Instruction
The application for renewal shall be examined as 1re application for work authorization. There is no automatic renewal.
If, on 1er renewal, the foreigner applies for a job in a trade or geographical area different from those mentioned in its initial authorization, all the criteria required for a first application can be examined.
The work authorization shall be renewed within the limits of the remainder of the contract of employment or of the assignment which remains to be completed in France.
Decision of the administration
In case of agreement on the request, the foreigner receives a 1re residence card.
Renewal request may be refused if the foreigner is in any of the following situations:
- The employer has contravened labor or social protection legislation
- The employer did not comply with the conditions of employment, remuneration or accommodation laid down in the work permit
- The foreigner did not comply with the particulars on its authorization (e.g. it engaged in a trade other than that mentioned on the authorization)
- The employment contract was terminated within 12 months of your employment, except in case of involuntary loss of employment
In case of refusal of renewal, the foreigner normally receives a refusal of residence accompanied by a obligation to leave France (OQTF), unless he is entitled to reside in another capacity (for example for family reasons).
Who can help me?
Find who can answer your questions in your region
For information on approaches and regulations
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the Ministry of the Interior.
To get information about paying the tax
Tax Information Service
By telephone:
0809 401 401
Monday to Friday from 8:30 am to 7 pm, excluding public holidays.
Free service + call price
Pursuit of a professional activity
Conditions governing the pursuit of an activity as an employed person by foreigner workers
Criminal penalties for the employment of foreigners without a work permit
Categories of work authorizations issued to foreigners and authorized professional activities
Employment of a foreigner employee
Issue of work authorizations
Tax paid by employer
Implicit refusal in case of silence kept for more than 2 months on the application for work authorization