Who can obtain the salaried residence permit?
A foreigner who exercises a salaried activity under a permanent employment contract (CDI) can obtain a temporary residence permit. Specifically, the card bears the words " employee » with a maximum duration of one year. To achieve this goal, you must follow the following procedure.
What is the procedure to follow?
1. Deadlines to respect
As a general rule, you must submit an application no earlier than 3 months before the date of arrival in France.
However, if you already live in France, you must present one 2 months before the expiry of your residence permit previous.
2. Where to address the request?
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You live abroad
If you live outside France, the French diplomatic authorities of your place of residence are competent to issue the long-stay visa bearing the mention “Employee”.
Then, once you enter French territory, you must validate your VLS-TS online with the OFII.
It is therefore not necessary to contact the Prefecture during the first year of stay.
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You already live in France
In this case, you must submit your card application to the prefecture (or sub-prefecture) of your place of residence before the end of your residence permit.
When your file is complete, you will receive a receipt pending the response from the prefecture.
3. Documents to be provided
In all cases
- long-stay visa or valid residence permit
- proof of nationality: passport or, failing that, other supporting documents (consular certificate, identity card, etc.)
- proof of residence dated less than six months
- 3 passport photographs
- proof of payment of the tax on the residence permit and the stamp duty and, if required, the regularization visa fee to be submitted at the time of the delivery of the permit
- medical certificate issued by the OFII to be submitted when the title is handed over.
When the request is made on the expiry of the long-stay visa equivalent to an "employee" residence permit
If you are still holding the job that justified the issuance of the visa
- work permit corresponding to the position occupied or dematerialized work permit
- elements justifying the maintenance of the employment contract: personal social declaration of the employer concerning you before the application for renewal of the residence permit, certificate of activity or certificate of professional activity for the last twelve months.
- if your employer is a private employer, an employment certificate (CESU or other reporting body) is required.
You are unemployed
- employer's certificate intended for Pôle emploi justifying the termination of the employment contract
- notice of individual situation drawn up by Pôle emploi.
You want to do another job
- certificate from the previous employer intended for Pôle emploi justifying the termination of the employment contract
- dematerialized work permit produced by the new employer.
When the request is made for a change of status after a residence permit does not authorize salaried activity
- copy of the work permit produced by the new employer).
4. How much should I pay?
You must also pay taxes.
It should be noted that the taxes and stamp duty for an “employee” residence permit amount to 225 euros.
Then, you must deposit the proof of payment when handing over the card.
5. Processing of the file
When your application for an “employee” residence permit is sent to the Prefecture, the latter takes one of these decisions:
Your request is accepted
If your request is accepted, the prefect informs you about the issue of the title. Therefore, the delivery is done in person where you filed your application.
Your request is refused
If your request is refused, the prefect notifies you by reasoned letter. Under certain conditions, this refusal is accompanied by an obligation to leave French territory (OQTF) determining the country to which you will be sent. Thereafter, you can lodge a contentious appeal before the administrative court within 48 hours, 15 days or 30 days depending on the type of OQTF.
Lack of response from the prefect on your request
When the prefect has not responded within 4 months, this is an implicit refusal.
It is good to know that you can always contest the decision by means of two appeals: On the one hand, an administrative appeal before the prefect, on the other hand, a contentious appeal before the administrative court.
Renewal of the "employee" residence permit
To renew your “employee” residence permit, you must submit your request within 2 months before the residence permit expires, to the prefecture of your place of residence in France. The duration can therefore be longer than 1 year.
Then, you must present the documents proving that you continue to meet the conditions that justified the issue of your residence permit.
Documents to be provided for renewal
If you are still in the job that justified the issuance of the last work permit
- work permit corresponding to the position occupied or dematerialized work permit
- element of the nominative social declaration of the employer concerning you before the application for renewal of the residence permit or certificate of activity or certificate of professional activity for the last twelve months
- if your employer is a private employer, you need a certificate of compliance with the online declarations of the employment contract (CESU or other declaration body).
If you are no longer employed
- certificate from the previous employer intended for Pôle emploi justifying the termination of the employment contract
- notice of individual situation drawn up by Pôle emploi.
In case of change d'employment
- certificate from the previous employer intended for Pôle Emploi justifying the termination of the employment contract
- dematerialized work permit issued to the new employer.
Can your family accompany you?
The issue of a residence permit marked "employee" allows the family to apply for a VLS-TS, bearing the mention "visitor".
In addition, families have the possibility of returning to France for the purpose of family reunification. In the context of family reunification, foreign nationals residing regularly in the national territory for at least 18 months can bring their spouse and children. In this case, the residence permit bearing the mention “private and family life”.