Change from student to employee status: how to do it?

If you wish to work full-time at the end of your studies, you must meet certain conditions and request a change of status to modify your residence permit.

As a student holding a “student” residence permit, you already have the right to work a limited number of hours.

In such a case and with some exceptions, the employed foreign student can carry out a paid activity up to 964 hours per year (60% of the legal annual working hours in France).

Once you have obtained your diploma, and if you have found a job, you must request a change of status.

What conditions must be met to successfully change your status?

Foreigners wishing to continue their higher education on French territory acquire a residence permit bearing the mention “student”.

As part of the change of status, you can apply for two types of temporary residence permit to exercise a professional activity: one bearing the mention "employee" and one bearing the mention "temporary worker".

For the mention "employee", it is an employment contract of indefinite duration (CDI) or a promise of hiring in CDI. As for the mention "temporary worker", it is a fixed-term contract (CDD).

What is the procedure to follow to obtain your change of status?

1st step: submit a work authorization application

First of all, you must indicate that the work authorization is essential in order to finalize the hiring of an employee in order to obtain your change of status.

As a general rule, it is the employer who must apply for a work permit.

The work authorization application must be submitted on the website of the nave.

The employer must attach the following documents to the application:

• Copy of the employee’s passport or national identity document;
• Valid residence permit;
• Diploma obtained in France;
• Curriculum vitae of the employee or any other proof of their qualification and experience (work certificate, internship certificate, etc.);
• Letter motivating recruitment written by the employer;
• Kbis extract;
• URSSAF vigilance certificate;
• When the employment situation is opposable, the company must provide proof of its unsuccessful search for a candidate on the job market in France. In other words, it is necessary to publish a job offer on the Pôle Emploi website, and therefore to prove the dissemination of this offer as part of the work authorization application.

After reviewing the work permit application file, the administration notify the decision to the employer and the employee.

2nd step: processing your work authorization request

The work authorization application is processed by the DREETS.

If the foreigner has a residence permit bearing the words “ student ", DREETS verifies that he meets the diploma and qualification requirements set by the job offer, if applicable, in view, for example, of the curriculum vitae, diplomas, and any employment certificates.

Subsequently, it examines the proposed salary, which must be at least equal to the SMIC or the minimum remuneration provided for by the collective agreement if the case arises.

The administration takes the following criteria into consideration:

It very often happens that DREETS asks you for additional documents or details. You generally have 21 days to respond.

3rd step: submission of the file to the prefecture

If all the criteria are met and once the work authorization has been obtained, the foreigner can submit their application for a residence permit to the prefecture.

The change of status involves submitting a certain number of supporting documents, including:

• Work authorization;
• If applicable depending on the prefectures, the completed, dated and signed residence permit application form;
• Passport ;
• Valid residence permit;
• If you are married or have children, you must present a full copy of the marriage certificate or a full copy of the birth certificate of your children;
• Proof of address less than six months old. For example, if you are a tenant, you must present the electricity or gas bill.
• 3 Recent identity photographs;
• Proof of payment of stamp duty worth €225, which sometimes must be paid only when collecting the residence permit, depending on the prefectures.

After submitting the file, the prefect issues a receipt to the foreigner if the applicant's residence permit expires.

What are the outcomes of the examination of your change of status file?

The request is accepted

As long as the rules are respected by the foreigner, the request will be accepted.

When it is a favorable decision, the employer must pay a tax. The amount of tax payable by the employer varies according to the duration of the employment contract, the level of remuneration and the type of employment contract of the foreign worker.

For example, for an employment contract of more than 3 months and less than 12 months, the amount of tax varies between 50 and 300 euros.

For an employment contract lasting 12 months or more, the amount of the tax corresponds to 55% of the foreigner's gross monthly salary.

The request is denied

If the criteria for issuing the work permit are not met, the application is refused.

In the event of a written refusal, the decision must specify the reasons. The decision also indicates the means and deadlines for appeal.

The case of no response

If the administration has not responded within 2 months, this is an implicit refusal.

What recourse in the event of refusal?

If the administration takes a decision that is unfavorable to you, you have the right to challenge this decision before the competent authority.

First, you can make a formal appeal to the authority that made the decision.

You can also lodge a hierarchical appeal with the Immigration Directorate of the Ministry of the Interior.

In addition, an action for annulment before the administrative court is possible. You can lodge a contentious appeal before the administrative court (within 48 hours, 15 days or 30 days depending on the type of OQTF).

If there is no hierarchical appeal, the time limit for seizing the judge is 2 months from the notification of rejection of the work permit application or the implicit refusal.

In all cases, our team is at your disposal to answer all your questions and to assist you in these procedures!