A work permit, why is it necessary?
Foreigners wishing to work in France must have a work permit. It can take the form either of a visa or a residence permit, or of a document separate from the residence document.
It should not be forgotten that each new employment contract requires a work permit.
Insofar as it concerns employment of an employee without authorisation, penalties are provided for.
Who applies for a work permit?
In order to recruit, the employer applies for a work permit with a view to:
- a permanent contract (employee title)
- a CDD (temporary worker title)
- a seasonal job (seasonal title)
- a student wishing to work beyond the amount of time authorized by his title. In this case, the foreigner can work maximum 60% the annual working time (964 hours) without a work permit.
- an asylum seeker with an asylum application certificate dating back more than 6 months. It means that the OFPRA (French Office for Refugees and Stateless Persons) has not ruled on the asylum application within 6 months of the registration of this application.
Where do I apply for a work permit?
Applications for work permits are only made online on the portal dedicated to dematerialized procedures for foreigners in France. Therefore, it is no longer necessary to move to carry out this procedure.
The steps to follow for a work permit
Step 1
First of all, the employer publishes his job offer for a period of 3 weeks with the public employment service (Pôle emploi).
The procedure for introducing a foreign employee aims to promote access to employment for French workers.
It means that the employer must justify that the hiring of a foreign employee rather than a French employee is legitimate.
If the job offer is unsuccessful, the employer forwards the work permit application to the administration.
Step 2
The administration verifies the employment situation in the profession and the geographical area. In other words, he looks to see if there are any recruitment difficulties for the position offered. It also checks the job offered, the conditions of employment, the salary offered as well as the qualifications and experience of the employee.
The administration has 2 months to issue a decision and notify the employer. The employer then transmits this decision to the foreigner.
If the refusal is explicit, the administration explains the reasons and the means of appeal.
However, the absence of a response within a reasonable time means a refusal.
In the event of refusal, you can lodge an informal appeal with the administration or an appeal for cancellation before the administrative court.
Step 3
When it is a positive response, you will receive a secure work permit in a dematerialized manner. Your future employee must attach it to his application for a professional residence permit at the prefecture.
Upon receipt of the request by email, the prefect has 2 working days to respond.
If he does not notify his response within the time limit then the request is considered validated.
Step 4
In the event of a favorable response to the application for a work permit, the foreigner must then undergo a medical examination at the OFII. It concerns foreigners residing on French territory as well as foreigners not residing on the territory.
Step 5
Subsequently, the employer must register the foreign employee in the single personnel register. It mentions his name, the form of the work permit (for example, visa or residence permit) as well as the number of the work permit.
List of documents to provide for a work permit application
The employer requesting a work permit provides the following supporting documents.
For the recruitment of a national under a CDD or CDI
- A copy of both sides of the valid residence permit of the foreign national
- If the recruitment project is subject to the opposability of the employment situation:
a) A document attesting to the filing of the job offer with a public employment service body and its publication for three weeks;
b) A document drawn up by the employer mentioning the number of applications received and attesting to the absence of a candidate who meets the characteristics of the job offered - If the foreign national whose recruitment is envisaged holds a residence permit marked "student" or "mobility program student" and has completed his studies in France, or if he holds a residence permit marked " Job search and business creation”: copies of diplomas obtained in France and abroad and a curriculum vitae of the foreign national.
In the event of recruitment, a foreigner with a residence permit marked "student"
- A copy of the front and back of the foreign national's valid residence permit
- A copy of the certificate of education or registration certificate or the foreign national's student card.
To recruit a foreign national seeking asylum in France
- Copy of the asylum application certificate of more than six months
- If the recruitment project is subject to the opposability of the employment situation,
a) A document attesting to the filing of the job offer with a public employment service body and its publication for three weeks;
b) A document drawn up by the employer mentioning the number of applications received and attesting to the absence of a candidate who meets the characteristics of the job offered.
In any case, you must also present:
- In the case of a regulated profession, the proof(s) of compliance with the regulatory conditions of exercise by the employer or the employee
- In the event of renewal of a fixed-term contract identical to the current contract, a copy of the work permit initially granted
- If the job is offered by a particular employer, a copy of their most recent tax notice
- If the employer is represented, a copy of the mandate duly completed and signed.
Do I have to pay taxes?
If a work permit is granted, the employer must pay a fee.
In particular, he must pay it annually to the General Directorate of Public Finances.
However, the amount differs depending on the duration of the employment contract, the level of remuneration and the type of employment contract.
For example, for the employment contract greater than 3 months and less than 12 months, in the event that the amount of the gross monthly salary is less than or equal to 1 709,28 € (SMIC), the tax amount is 74 euro.
It should be noted that the tax is only due when the employee's or posted worker's residence permit is first issued.
Who are exempt from the work permit?
Certain categories of foreign persons are exempt from holding a work permit:
- citizens of one of the Member States of the European Union, the European Economic Area or Switzerland
- the employee working on a regular and usual basis for an employer established on the territory of a Member State of the European Union, of another State party to the European Economic Area or of Switzerland
- resident card holder
- temporary or multi-year residence permit bearing the mention “private and family life”
- multi-year residence permit bearing the mention “talent passport”
- multi-year residence permit bearing the mention “talent passport (family)”
- multi-year residence permit bearing the words “ICT seconded employee” or “ICT mobile seconded employee”
- residence permit bearing the words “ICT seconded employee (family)” or “mobile ICT seconded employee (family)”
- temporary residence permit marked “ICT trainee (family)”
- temporary or multi-year residence permit marked “student” or “student-mobility program”
- temporary residence permit “looking for a job or setting up a business”
- multi-year residence permit bearing the words “beneficiary of subsidiary protection” or “family member of a beneficiary of subsidiary protection”
- multi-year residence permit bearing the words “beneficiary of stateless person status” or “family member of a beneficiary of stateless person status”
- holder of a temporary residence permit or a temporary residence document bearing the words “authorizes its holder to work”
- foreign nationals, who have entered France to exercise a salaried professional activity for a period of less than or equal to three months in certain fields.
Renewal of the work permit
In order to renew the work permit, the application must be submitted within 2 months preceding the end of the validity of the work permit.
When the reason for your stay in France changes, a change of status procedure may take place. The deadline is 2 months preceding the expiry of the residence permit authorizing the foreigner to work on French territory.