Work authorization of a foreigners employee in France

Verified 09 avril 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • You have a VLS-TS or a temporary residence card
  • VLS-TS or residence card temporary worker
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Warning  

This card does not cover Algerian nationals.

The rules are different depending on the document the foreigner holds:

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VLS-TS or residence card “private and family life”

The VLS-TS or the “private and family life” residence card allows you to work as an employee. The employer is dispensed to apply for a work permit.

Please note

If the card was obtained as the spouse or child of a foreigner who had long-term EU residence status in another EU Member StateEuropean Union, it does not allow to work on the 1re year.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact

VLS-TS or residence permit ‘employed’ or ‘temporary worker’

If the foreigner has a VLS-TS or an ‘employee’ or ‘temporary worker’ residence card, a work permit is required so he can work.

The VLS-TS or the residence card allows only the employment activity for which a work authorization has been obtained.

Warning  

A work permit must be requested for each new employment contract.

'Talent passport' or 'talent' residence card

The ‘talent passport’ or ‘talent’ residence card allows you to carry out the professional activity which has made it possible to obtain it. The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact

VLS-TS or “student” or “student mobility program” residence card

The VLS-TS or the residence card “student” or “student mobility program” allows to work as an employee, without work authorization, for maximum 60% annual working hours (964 hours).

When the student must, as part of his or her course, engage in paid employment for a period exceeding 60%annual working hours (964 hours), the employer must apply for a work permit.

However, the employer is dispensed to request a work authorization when the student, as part of his or her course, has signed a apprenticeship contract that has been validated by theSkills Operator (OPCO) (private sector) or the Dreets (public sector).

Warning  

The employer must make a personal declaration to the prefecture 2 working days before the foreigner student's date of employment.

Residence card "job search/company creation"

The residence card ‘job search/company creation’ allows you to work as an employee. The employer is dispensed to apply for a work permit.

However, the job must correspond to the training or research of the foreigner and the remuneration must be higher than €2,702.70.

Limitation to 60% annual working hours (964 hours) shall not apply.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact

EU Resident Card or EU Long Term Resident Card

The rules are different depending on the card the foreigner holds:

Resident Card

The resident card allows you to work as an employee. The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
EU long-term resident card

The regulations are different depending on whether the card was obtained in France or in another EU countryEuropean Union :

EU long-term resident card obtained in France

The EU long-term resident card obtained in France makes it possible to work as an employee. The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
EU long-term resident card obtained in another EU country

EU long-term resident card obtained in another EU countryEuropean Union does not allow work in France.

The employer must ask a work permit. It is necessary to apply for a residence permit in France.

Seasonal worker residence permit

If the foreigner has a seasonal worker residence permit, a work authorization is mandatory so he can work.

The residence permit allows only the activity of an employed person for which a work authorization has been obtained.

The exercise of seasonal work is limited to 6 months per year.

Warning  

A work permit must be requested for each new employment contract.

Residence permit issued by another EU country

The residence card issued by another EU countryEuropean Union does not allow to work in France.

An application for authorization may be made but, if the answer is favorable, it will not allow the foreign national to work.

The foreigner will then have to, with this work authorization, make a request for long-stay visa at the French consulate in the country of the European Union which issued the residence card to him.

VLS-TS or visitor's residence card

The VLS-TS or the “visitor” residence card does not allow work. It is not possible to apply for a work permit.

Residence card ‘beneficiary of subsidiary protection’, or ‘family member of a beneficiary of subsidiary protection’, or ‘beneficiary of stateless status’ or ‘family member of a beneficiary of stateless status’

These residence cards allow you to work as an employee. The employer is dispensed to apply for a work permit.

VLS-TS or residence card ‘ICT posted employee’, or ‘ICT posted employee (family)’ or residence card ‘ICT mobile employee’ or ‘ICT mobile employee (family)’

The rules are different depending on the VLS-TS or the residence card that the foreigner holds:

VLS-TS or residence card ‘ICT posted employee’ or ‘ICT posted employee (family)’ 

The rules are different depending on the VLS-TS or the residence card that the foreigner holds:

VLS-TS or residence card “ICT seconded employee”

The VLS-TS or the residence card “ICT seconded employee” authorizes the pursuit of the gainful employment which enabled it to be obtained within the framework of the secondment. The employer is dispensed to apply for a work permit.

VLS-TS or residence card “ICT seconded employee (family)”

The VLS-TS or the residence card “ICT (family) seconded employee” allows you to work as an employee. The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
Residence card ‘ICT mobile employee’ or ‘ICT mobile employee (family)’

The rules are different depending on the VLS-TS or the residence card that the foreigner holds:

Residence card ‘ICT mobile employee’

The rules are different depending on the duration of the mission:

The duration of the mission shall not exceed 90 days

A foreigner who has an "ICT" residence permit issued by another country of the European Union may come to France to carry out an identical mission for a period of up to 90 days. The employer is dispensed to apply for a work permit.

The mission is longer than 90 days

A foreigner who has an "ICT" residence permit issued by another country of the European Union may come to France to carry out an identical mission for a period of more than 90 days.

The employer must ask a work permit.

The foreigner must apply for a residence permit in France.

Residence card "ICT mobile employee (family)"

The VLS-TS or the “ICT Mobile Employee (Family)” residence card allows you to work as an employee. The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact

VLS-TS or residence card ‘trainee’ or ‘ICT trainee’ or ‘ICT trainee (family) or ‘ICT mobile trainee’ or ‘ICT mobile trainee (family)’

The rules are different depending on the VLS-TS or the residence card that the foreigner holds:

VLS-TS or residence card ‘trainee’ or ‘ICT trainee’ or ‘ICT trainee (family)’

The rules are different depending on the VLS-TS or the residence card that the foreigner holds:

VLS-TS or residence card ‘trainee’ or ‘ICT trainee’

The VLS-TS or the residence card ‘trainee’, or “ICT trainee” does not allow work. He is not possible to apply for a work permit.

VLS-TS or residence card "ICT trainee (family)"

The VLS-TS or the residence card "ICT trainee (family)" allows you to work.

The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
Residence card ‘ICT mobile trainee’ or ‘ICT mobile trainee (family)’

The rules are different depending on the VLS-TS or the residence card that the foreigner holds:

‘ICT mobile trainee’ residence card

The VLS-TS or the “ICT Mobile Trainee” residence card does not allow work.

He is not possible to apply for a work permit.

Residence card "ICT mobile trainee (family)"

The VLS-TS or the “ICT Mobile Trainee (Family)” residence card allows you to work.

The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact

Working holiday visa

The working holiday visa allows to work.

The employer is dispensed to apply for a work permit.

Temporary residence permit (APS) or receipt or dematerialized certificate from ANEF

The rules are different depending on the document the foreigner holds:

The foreigner has a SPA

The rules are different depending on the document the foreigner holds:

APS "job search/company creation"

The APS “job search/company creation” allows you to work as an employee. The employer is dispensed to apply for a work permit.

However, the job must correspond to the training or research of the foreigner and the remuneration must be higher than €2,702.70.

Limitation to60%annual working hours (964 hours) shall not apply.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
APS "accompanying parent of a sick child"

This APS allows you to work.

The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
APS ‘asylum seeker’

This APS does not allow to work.

The employer must ask a work permit.

Furthermore, work authorization may be requested only after a period of 6 months without a reply from theOfpra on the application for asylum.

Warning  

A work permit must be requested for each new employment contract.

SPA "Temporary protection - Ukraine"

This APS allows you to work.

The employer is dispensed to apply for a work permit.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
The foreigner has a receipt

The rules are different depending on whether the receipt is issued in the case of a 1re application for a residence or renewal card:

Receipt of 1st application for residence card

The receipt of 1 re request for one of the following residence cards allows you to work:

  • Temporary residence permit ‘employee’ or ‘temporary worker’, but only with the employer who has obtained the work authorization
  • Temporary residence card "job search/company creation"
  • Residence card ‘private and family life’ issued abroad which has been entrusted to the service of theAse no later than age 16
  • Residence card for private and family life or residence card issued to a foreign victim of trafficking in human beings or procuring
  • Accident at work Residence card for private and family life or residence card issued to a foreigner in receipt of an income from an occupational disease or an occupational disease and whose rate of permanent incapacity is equal to or greater than 20%
  • Residence card ‘private and family life’ issued to the child of a foreigner who had a long-term EU residence card in another EU Member State and has a temporary residence card in France, provided that this child has been staying in France for at least 1 year
  • Multi-annual residence card ‘ICT seconded employee’ or ‘ICT mobile employee’
  • Multi-annual residence card ‘ICT posted employee (family)’ or ‘ICT mobile employee (family)’
  • Multi-annual residence card ‘beneficiary of stateless status’ or ‘family member of a beneficiary of stateless status’
  • Resident card as a stateless person or as a family member of a stateless person
  • Resident card issued abroad fulfilling the conditions for obtaining French nationality
  • Resident card issued abroad having fought in the French army, the ranks of the French forces of the interior, an allied army or the Foreign Legion
  • Resident card issued abroad entitled of a foreigner in receipt of a death pension for an accident at work or occupational disease
  • Resident card issued abroad who has a “retired” residence card and wishes to reside in France again.

Warning  

To be able to work, the receipt must indicate: " authorizes the holder to work ”.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
Receipt of application for renewal of residence card

The receipt for a request to renew a residence card authorizing work also allows you to work.

Warning  

To be able to work, the receipt must indicate: " authorizes the holder to work ”.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
The foreigner has a dematerialized attestation (ANEF)

Rules differ depending on the attestation:

Deposit Confirmation Certificate

This certificate does not allow to work.

Certificate of extension of investigation

The rules are different depending on whether it is a 1re application for or renewal of a residence card:

Certificate of extension of the investigation of a first application for a residence card

The certificate of extension of instruction of a 1re request for one of the following residence cards allows you to work:

  • Residence card "talent passport" or "talent passport (family)"
  • Residence permit ‘seasonal worker’ but only with the employer who has obtained a work authorization
  • Residence card “private and family life” or residence card issued to a foreigner married to a French national
  • Residence card “private and family life” issued to the foreign parent of a French child
  • Resident card issued abroad, dependent father or mother of a Frenchman or his husband or wife
  • Resident card issued abroad that is the child of a French person
  • Residence card ‘private and family life’ issued to foreigners born in France who have resided there for at least 8 years continuously and who have, after the age of 10, followed a minimum education of 5 years in a French school
  • Resident card issued to the spouse or child of a foreigner with a resident card who has come for family reunification
  • Residence card ‘private and family life’ issued abroad which has been entrusted to the service of theAse no later than age 16
  • Resident card issued to a foreigner who has been granted refugee status and to members of his family (father or mother, child, spouse, partner, cohabiting partner)
  • Residence card or residence card issued to the foreign beneficiary of subsidiary protection and to the members of his family (father or mother, child, spouse, partner, common-law partner)
  • Residence card or residence card issued to a foreigner who has been granted stateless status and to members of his or her family (father or mother, child, spouse, partner, common-law partner)
  • Residence card or residence card issued to a foreign victim of trafficking in human beings or procuring.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
Certificate of extension of examination of an application for renewal of a residence card

The certificate of extension of instruction of an application for renewal of a residence permit authorizing work also allows work.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact
Certificate of favorable decision

The certificate of favorable decision allows you to work if the residence card that will be issued authorizes it.

Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days before the effective date of the request.

However, this verification is not to be carried out if the foreigner is included on the list of jobseekers of France Travail.

Without a response within 2 working days of receipt of the request, the employer's verification obligation shall be deemed to have been fulfilled.

Who shall I contact

Stay in France for up to 3 months

The rules vary depending on the reason for the short stay:

Sports, cultural, artistic and scientific events

The foreigner can work.

The employer is dispensed to apply for a work permit.

Seminars, seminars and trade fairs

The foreigner can work.

The employer is dispensed to apply for a work permit.

Cinematographic, audiovisual, performance and phonographic publishing production and dissemination, as artist or technical staff

The foreigner can work.

The employer is dispensed to apply for a work permit.

Mannequinat and artistic pose

The foreigner can work.

The employer is dispensed to apply for a work permit.

Personal services (domestic worker) during the stay in France of a particular employer

The foreigner can work.

The employer is dispensed to apply for a work permit.

Audit and expertise assignments in IT, management, finance, insurance, architecture and engineering as a seconded employee under contract

The foreigner can work.

The employer is dispensed to apply for a work permit.

Teaching as a visiting professor

The foreigner can work.

The employer is dispensed to apply for a work permit.

Other reason

The foreigner cannot work.

The employer must ask a work permit.

Prior publication of the job offer

Before applying for a work permit, the job offer must have been published for a period of three consecutive weeks within the six months preceding the submission of the application to the public employment service.

At the end of the 3 weeks of publication, if no valid application has been received, the application for work authorization can be made.

However, prior publication of the job offer is not mandatory if any of the following conditions are met:

  • Employment on the list of tension looms
  • Foreigner with a residence permit ‘job search or company creation’ provided that the proposed employment contract is related to his training or research and provides for a remuneration of more than €2,702.70
  • Foreigner who has obtained a master's degree or a level I diploma Graduate School Conference or a diploma of a professional license, provided that the proposed employment contract relates to his training and provides for remuneration at least equal to €2,702.70
  • Foreigner, entrusted toAse between the ages of 16 and 18, and who applies for exceptional admission to a residence on the grounds of work
  • Foreigner entrusted to the ESA at the time of the decision on its application for work authorization, if it has concluded, in connection with its course, an apprenticeship or professionalization contract, validated by theSkills Operator (OPCO) (private sector) or the Dreets (public sector).

Application for work authorization by the employer or the agent

The rules vary depending on the reason for which the work authorization is requested:

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General case

An application for a work permit shall be made by the employer himself or by a representative.

Temporary posting of an employee by a company not established in France

In the event of the temporary posting of an employee by a company not established in France, the application for a work permit shall be made by one of the following persons:

  • Orderer established in France
  • Or user company in case of making available by a temporary work company abroad or where the supply takes place as part of a non-profit labor loan.

Apprentice whose employer is established abroad and hosted in a company established in France to complete his training

Where the application for a work permit concerns an apprentice whose employer is established abroad and welcomed in a company established in France to complete his training, it shall be made by the host company.

Request by online service

Whether the foreigner is in France or abroad, the application for a work permit is made only on the Internet:

Apply online for a residence permit, a change of situation, a travel document, an application for ANEF naturalization

Once the online entry has been validated, it is possible to download, via the confirmation screen, a deposit confirmation that will also be sent by email.

Warning  

The online approach is not possible if the foreigner is in France without a residence permit. In that case, you have to apply for anexceptional admission to stay.

Competent authority for the examination of the application for a work permit

The competent administration depends on the foreigner's place of residence :

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The foreigner resides in France

An application for a work permit made online shall be forwarded to the prefect of the department in which the employer has its registered office or residence where the employer is an individual.

The foreigner resides outside France

The competent administration depends on the place of establishment of the employer :

The employer is established in France

An application for a work permit made online shall be forwarded to the prefect of the department in which the employing establishment has its registered office or the individual employing his residence.

The employer is established outside France

The competent administration shall differ according to whether it is a detachment or a itinerant employment :

The foreigner comes on secondment

The online application for a work permit is sent to the prefect of the department where the co-contractor if the foreigner is posted as part of an intra-group mobility, or to the prefect of the host department when there is no co-contractor in France.

The foreigner is employed on the road

In the case of itinerant employment, the application for a work permit made online is transmitted to the prefect of the department of son 1er place of employment.

Whether the foreigner is already in France or abroad, several criteria are taken into account to grant or refuse the work authorization.

Terms and conditions of the proposed employment

The conditions for the proposed employment vary depending on the situation:

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General case

To apply for work authorization, the proposed job must complete one of the following conditions:

  • Figure Out on the list of tension looms
  • To have been published during 3 consecutive weeks in the 6 months prior to the submission of the application to the bodies contributing to the public employment service. For example, France Travail (formerly Pôle emploi). No valid applications was not received.

Foreigner with a "student" or "student mobility program" residence card

The foreigners student can work up to 964 hours per year. Beyond that, work authorization is required.

To apply for work authorization, the proposed job must complete one of the following conditions:

  • Figure Out on the list of tension looms
  • To have been published during 3 consecutive weeks in the 6 months prior to the submission of the application to the bodies contributing to the public employment service. For example, France Travail (formerly Pôle emploi). No valid applications was not received.

Please note

If the foreigner has finished his studies in France, the proposed job must match to diplomas and the experience gained in France or abroad.

Foreigner with a "job search / company creation" card

When the proposed employment fulfills the 2 the following conditions:

  • Contract work in relationship with the training or job searches of the foreigner
  • Remuneration at least equal to €2,702.70.

The employer has not to publish an offer of employment with organizations participating in the public employment service. For example, France Travail (formerly Pôle emploi).

This job can not to be on the list of tension looms.

Foreigners student with a degree equivalent to the master's degree

Where the proposed employment fill in the following 2 conditions:

  • Contract work in relationship with the training
  • Remuneration at least equal to €2,702.70.

The employer has not to publish an offer of employment with organizations participating in the public employment service. For example, France Travail (formerly Pôle emploi).

This job can not to be on the list of tension looms.

The diploma must have been obtained within the year.

Conditions relating to the employer, the payer, the user or host company

The employer, the principal, the user or host company must complete all of the following conditions :

  • Respect the social obligations related to their status or activity
  • Not having been convicted criminals or is the subject of administrative sanctions for the following:

    In addition, no non-compliance serious in these matters must not have been established by the administration.
  • Provide a certificate, dated from less than 6 months, the payment of social contributions to the body responsible for their recovery
  • Provide evidence, where the request relates to a seasonal employment, that the worker will have, for the duration of his stay, a housing assuring him of decent living conditions.

Please note

Work authorization may be refused if the recruitment project is obviously disproportionate in terms of activity economic of the applicant.

Conditions for practicing the trade if the profession is regulated

The trade by the future employee can be a regulated profession. In this case, the statutory operating conditions shall be respected.

Conditions of remuneration

Remuneration may not not be less to Smic (or at the salary provided for in the collective agreement applicable to the company, if such remuneration is higher than the Smic).

Once the work permit has been obtained, the rules differ according to the foreigner employee's place of residence:

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Residence in France

The rules differ according to the residence card the foreigner holds:

Employee residence permit

The rules are different depending on whether the work authorization has been obtained for a DTA or a CSD :

Work authorization obtained for a CDI

The foreigner can work directly.

Work authorization obtained for a CDD

The foreigner can't work with his residence card "employee". He must apply for a change of status to apply for a temporary worker residence card and wait until he has at least one receipt stating "authorizes the holder to work" before he can work.

Temporary worker residence card

The rules are different depending on whether the work authorization has been obtained for a DTA or a CSD :

Work authorization obtained for a CDD

The foreigner can work directly.

Work authorization obtained for a CDI

The foreigner can't work with his residence card ‘temporary worker’. He must apply for a change of status to apply for an "employed" residence card and wait until he has at least one receipt stating "authorizes his holder to work" before he can work.

Residence permit ‘seasonal worker’

The rules vary depending on whether the work permit has been obtained for seasonal work or not:

Work authorization obtained for a seasonal CDD

The foreigner can work directly.

Work authorization obtained for a CDD other than seasonal or a CDI

The foreigner can't work with his residence permit ‘seasonal worker’.

Furthermore, since the change of status is not permitted, the foreigner must leave France and apply for a long-stay visa at the French consulate in his country of residence.

Certificate of asylum seeker

The foreigner can work directly.

Other document

The work permit must be given abroad in order for him to change his status. He will only be able to work when he has a receipt stating: " authorizes the holder to work ”.

Residence abroad

Once the work permit has been obtained, the employer must send it abroad so that he can apply for a long-stay visa at the French consulate.

The rules are different depending on whether you have been refused notified or not by the prefect:

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Refusal notified by the prefect

Once you receive an unfavorable response, you can train within 2 months from such refusal :

No reply from the prefect on your request

If the prefecture hasn't responded after 2 months, it's an implicit refusal.

You can then train within 2 months from such refusal :

Financial commitment of the employer

An employer tax is due to the 1re admission to the residence of a foreigners employee or a foreigners employee temporarily posted by a company not established in France for the purpose of the pursuit of an employed activity subject to work authorization.

The tax is payable for work authorizations for periods longer than 3 months, except for seasonal agricultural workers, where it is payable as from 1er day.

FYI  

Employer tax is not due only once on recruitment and only by the 1er employer to obtain a residence permit on the ground of work. However, it will be payable again if the foreigner who left France after the expiry of his title returns to take up a job requiring a work permit.

Exemption from payment of employer tax

Employer tax is not payable in the case of the hiring of the following foreigner employees:

  • Employee recruited by an individual to carry out family or household work at home
  • Employee from new EU Member States during the transitional period
  • Employee recruited for a period of more than 3 months for the purpose of carrying out research or teaching at university level, by a public research organization, a higher education institution awarding a degree conferring the degree of master, a scientific cooperation foundation, a public scientific cooperation institution, a foundation recognized as being of public interest in the approved research sector, irrespective of the duration of the contract and the amount of the remuneration
  • Employee with a residence permit to work without a work permit
  • Employee coming to work for up to 3 months in a field for which a work authorization is not required
  • Employee coming to work temporarily as a language assistant.

Employer tax amount

The amount of employer tax depends on the duration of the employment contract, the level of remuneration and the type of employment contract:

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Employment contract over 3 months and under 12 months

The amount of employer tax varies according to the gross monthly salary paid:

Tableau - Tax amount based on salary

Gross monthly salary amount

Tax Amount

Less than or equal to €1,801.80 (Smic)

€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 employer tax varies according to the gross monthly salary paid:

Tableau - Tax amount based on salary

Salary Amount

Tax Amount

Less than €4,504.50

55% gross monthly salary

Greater than or equal to €4,504.50

€2,477.48

Seasonal employment contracts

The amount of the employer tax is €50 per month of employment, complete or incomplete. It is payable for each seasonal contract.

Contract within the framework of a bilateral agreement for exchanges of young professionals 

If hired in the framework of a bilateral agreement for exchanges of young professionals, the amount of the employer tax is €72.

Payment of employer tax

Payment of the employer's tax shall be made with payment of the VAT and other taxes listed in the Annex to the VAT return.

The declaration and payment of the tax shall follow the VAT system of the employer.

  • Dependent Employer 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
  • Dependent Employer 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 No 3517-AGR-SD (agricultural scheme). It must be filed in respect of the financial year in which the tax became chargeable.
  • Employer who is not 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.

In the event of cessation of activity, the employer will have to declare and pay immediately without waiting until the following year.

More detailed information is available on the tax site.

The rules vary depending on whether the work permit has been issued in metropolis or in a overseas department or overseas collectivity :

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Authorization issued in Metropolitan France

The work permit issued in metropolitan France only allows work in metropolitan France.

In the event of a move to an overseas department or community, a new application for a work permit must be made, unless the foreigner has a "private and family life" residence card or a resident card. Indeed, in these 2 cases, the registration of the declaration of change of address will be sufficient to be able to work in the overseas department or community.

Work authorization issued in an overseas department or community

Some residence cards issued in an overseas department or community only permit work in that department or community.

The residence cards concerned are as follows:

  • Residence permit ‘private and family life’ issued:
    • To the husband or wife of a Frenchman
    • To the parent of a French child
    • Abroad born in France who has resided there for at least 8 years continuously and has followed, after the age of 10, a minimum education of 5 years in a French school
    • A family member (spouse or child) who has entered France for family reunification
    • Abroad who entered France before the age of 13 and who has habitually resided there since that age with his father or mother who holds a residence permit
    • Abroad entrusted to the service of theAse no later than age 16
    • Abroad that justifies personal and family ties in France
    • Abroad whose medical condition requires medical attention
    • Accident at work Abroad who has an occupational pension and whose rate of permanent incapacity is equal to or greater than 20%
    • To the family member (spouse or child) of a foreigner who had an EU long-term resident card in another EU Member State and has a temporary residence card in France
  • Temporary residence card ‘ICT trainee (family) or ‘ICT trainee mobile (family)’
  • Multi-annual residence card ‘talent passport (family)’
  • Multi-annual residence card ‘ICT posted employee (family) or ‘ICT mobile employee (family)’
  • EU Resident Card or EU Long-Term Resident Card issued:
    • Abroad who has a residence card “talent passport - EU Blue Card”
    • Abroad who has a residence card “talent passport (family)”
    • Abroad who has a “private and family life” residence card as the spouse of a Frenchman
    • Abroad who has a “private and family life” residence card as parent of a French child
    • Abroad who has a residence card “private and family life” as a parent (father or mother) or in-laws dependent on a French
    • Abroad who has a “private and family life” residence card as a dependent child of a Frenchman
    • Abroad who has a “private and family life” residence card and has entered France for family reunification
    • Abroad who has been granted refugee status and members of his family (father or mother, child, spouse, partner, common-law partner)
    • Abroad who has a residence permit for “private and family life” as a stateless person or beneficiary of subsidiary protection, and members of his or her family (father or mother, child, spouse, partner, common-law partner)
    • Abroad who has a residence permit "private and family life" as a victim of trafficking in human beings or procuring
    • Abroad who meets the conditions for naturalization by decree
    • Abroad who has served in a fighting unit of the French army or an allied army, who has fought in the ranks of the French Forces of the Interior (FFI) or who has served in the Foreign Legion
    • Accident at work Abroad who has a residence card “private and family life” as a holder of an occupational pension
    • Abroad entitled of a foreigner who is in receipt of a death pension for an accident at work or occupational disease
    • Abroad who has a “retired” residence card
    • Abroad who resides continuously and regularly with a residence card for at least 5 years in France, who has stable, regular and sufficient resources to support himself, and who has health insurance
  • Resident card issued in New Caledonia.

In the event of a move to the metropolis or to another overseas department or community other than the one that issued the work permit, a new application will be required, unless the foreigner has a "private and family life" residence card or a resident card. Indeed, in these 2 cases, the registration of the change of address declaration will be sufficient to be able to work in the new geographical area.

If the work permit is valid, the employer must request its renewal during the 2nde months before this end date.

The renewal of the application for a work authorization shall be made only on the Internet:

Apply online for a residence permit, a change of situation, a travel document, an application for ANEF naturalization

Once the date of validity of the residence permit, is no longer possible to work. You have to wait until you get a receipt or a certificate of extension of instruction stating the right to work.

However, where the foreigner has a multi-annual residence permit of 4 years or a resident card, and that he has applied for renewal before his expiry date, he retains the right to work within the limit of 3 months from that expiry date.

The penalties are different depending on whether the employer is a person physics or morality :

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The employer is a natural person

The employer may be penalized by a fine penal, a prison sentence and a administrative fine depending on the situation:

The employer knowingly hired or retained a foreigner without a work permit

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The penalties are as follows:

  • Refusal of public aid for employment and vocational training to natural and legal persons for a period of up to 5 years
  • Repayment of aid paid in the previous year
  • Temporary closure of an establishment with possible preservation of professional equipment, for a period of up to 3 months.
    For activities carried out outside a company establishment ( CONSTRUCTION or of agricultural work (e.g. provision of labor), such closure takes the form of a temporary cessation of the company's activity.
  • Temporary exclusion from administrative contracts for a maximum period of 6 months.

The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum either €21,100 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €63,300 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,440 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer has knowingly hired or retained a foreigner in a professional category, occupation or geographical area other than those mentioned on the work permit

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The penalties are as follows:

  • Refusal of public aid for employment and vocational training to natural and legal persons for a period of up to 5 years
  • Repayment of aid paid in the previous year
  • Temporary closure of an establishment with possible preservation of professional equipment, for a period of up to 3 months.
    For activities carried out outside a company establishment ( CONSTRUCTION or of agricultural work (e.g. provision of labor), such closure takes the form of a temporary cessation of the company's activity.
  • Temporary exclusion from administrative contracts for a maximum period of 6 months.

The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum either €21,100 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €63,300 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,440 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer knowingly hired or retained a foreigner without authorization to work in an organized band

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €200,000 by foreigner concerned
  • Prison sentence (combined with fine): 10 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The penalties are as follows:

  • Refusal of public aid for employment and vocational training to natural and legal persons for a period of up to 5 years
  • Repayment of aid paid in the previous year
  • Temporary closure of an establishment with possible preservation of professional equipment, for a period of up to 3 months.
    For activities carried out outside a company establishment ( CONSTRUCTION or of agricultural work (e.g. provision of labor), such closure takes the form of a temporary cessation of the company's activity.
  • Temporary exclusion from administrative contracts for a maximum period of 6 months.

The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum either €21,100 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €63,300 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,440 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer knowingly engaged, directly or indirectly, in the services of an employer of a foreigner not permitted to work

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The penalties are as follows:

  • Refusal of public aid for employment and vocational training to natural and legal persons for a period of up to 5 years
  • Repayment of aid paid in the previous year
  • Temporary closure of an establishment with possible preservation of professional equipment, for a period of up to 3 months.
    For activities carried out outside a company establishment ( CONSTRUCTION or of agricultural work (e.g. provision of labor), such closure takes the form of a temporary cessation of the company's activity.
  • Temporary exclusion from administrative contracts for a maximum period of 6 months.

The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum either €21,100 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €63,300 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,440 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer is a legal person

A legal person who, directly or through an intermediary, hires, retains in his service or employs, whatever the period, a foreigner who is not entitled to work, shall be liable to a fine of up to €150,000

The company also faces additional penalties.

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