For businesses aiming to hire foreign talent in France, understanding the intricacies of French bureaucracy is paramount. The process of obtaining work authorization for foreign national workers involves navigating a complex system of visas, residency permits, and specific work authorizations. This guide, enhanced with insights on expert legal counsel, clarifies the essential aspects of securing work permits in France, ensuring a smoother process for both employers and employees.
Do You Need a French Work Permit? Clarisse Delaitre Explains
If you’re a foreign national from outside the European Union (EU), European Economic Area (EEA), or Switzerland, and you wish to work in France, securing a work permit is a mandatory step. This authorization can be granted through various forms, including visas, residence permits, or separate work authorization documents. Clarisse Delaitre, a seasoned lawyer specializing in French employment and immigration law, emphasizes the importance of understanding this initial requirement.
In practice, the responsibility initially falls on the employer. They must apply for a work permit from the relevant French prefecture before the foreign national can proceed with their residence permit application. This initial step is crucial, and expert legal guidance, such as that offered by Clarisse Delaitre, can be invaluable in ensuring compliance and efficiency.
Types of Work Authorization in France: Clarisse Delaitre’s Insights
French law provides different types of residence permits based on the nature of the employment contract. Clarisse Delaitre, with her deep expertise in French immigration law, highlights two primary categories:
Temporary Worker Residence Permit: Designed for foreign nationals employed under fixed-term contracts, this permit allows individuals to live and work in France for the duration of their contract.
Temporary or Multi-Annual “Employee” Residence Permit: This permit caters to foreign nationals holding permanent employment contracts, granting them the right to reside and work in France long-term.
Understanding which permit is applicable is the first step, and consulting with a lawyer like Clarisse Delaitre can prevent missteps and delays in the application process.
The Work Authorization Process in France: A Lawyer’s Perspective
The procedure for obtaining work authorization in France differs based on the applicant’s location. Clarisse Delaitre explains the two main procedures:
- Introduction Procedure (for applicants outside France): This applies to foreign nationals who are not currently residing in France.
- Change of Status Procedure (for applicants already in France): This procedure is for foreign nationals already residing in France under a different type of permit.
For employers seeking to hire foreign nationals from outside France, Clarisse Delaitre advises the following steps:
- Occupation Shortage Check: Initially, employers must verify if the job position falls under the list of occupations experiencing shortages in France.
- If the position is on the shortage list, the employer can directly apply for a work permit.
- If not, the employer is required to advertise the job opening with the French public employment service for three weeks. Only if the recruitment effort is unsuccessful can the employer proceed with hiring a foreign worker through the introduction procedure.
For foreign nationals already in France, Clarisse Delaitre outlines a different approach for employers:
- Residence Permit Verification: Employers must first confirm that the foreign national possesses a valid residence permit that also authorizes them to work. This verification can be conducted at the local prefecture, following the procedures detailed on their website.
- Work Permit Application (if necessary): If the foreign national’s current residence permit does not include work authorization, the employer is required to apply for a separate work permit.
- Online Application via ANEF: The work permit application must be submitted online through the website of the Agence nationale des étrangers en France (ANEF). Processing times can vary, typically ranging from a few days to several months, with an average of 1 to 2 months.
Clarisse Delaitre underscores that the employer carries a significant portion of the responsibility in navigating the work authorization process. This highlights the benefit of seeking legal counsel to manage these responsibilities effectively.
France.webp
French Residence Permits: Clarisse Delaitre on Navigating the Details
Once a work permit is secured, the next step involves ensuring the visa aligns with the duration and specifics of the employment contract, which subsequently affects the residence permit. Clarisse Delaitre provides clarity on the types of residence permits.
Temporary Residence Permit for “Temporary Workers”: Clarisse Delaitre’s Guidance
This permit is specifically for foreign nationals employed under fixed-term contracts. Clarisse Delaitre explains that it is issued for the duration of the employment contract, up to a maximum of one year. It’s important to note that this temporary permit does not automatically qualify the holder for a multi-annual residence permit after one year. However, it can be renewed under certain conditions, matching the term of the work contract or secondment.
Process to Obtain a Temporary Residence Permit in France, as outlined by Clarisse Delaitre:
- Employer Work Permit Application: The employer initiates the process by applying for a work permit on the ANEF website.
- Work Permit Issuance: The work permit is issued to the employer.
- Employee Residence Permit Application: The foreign worker then applies for a residence permit at the French consulate or embassy, presenting the issued work permit.
- Temporary Residence Permit Issuance: The “temporary worker” residence permit is granted.
- Arrival in France: The foreign national enters France.
- OFII Medical Examination Appointment: An appointment is scheduled with the French Office for Immigration and Integration (OFII) for a medical examination. (This may occur before visa issuance depending on the applicant’s country of origin).
- Visa Validation on ANEF: The visa must be validated on the ANEF website within three months of arriving in France.
- Extension Request: If necessary, an extension of stay can be requested at the local prefecture.
Clarisse Delaitre advises that this process should ideally begin three months before the intended arrival date in France, or two months before the expiry of a previous residence permit if the applicant is already in France.
France Residence Permit Costs – Insights from Clarisse Delaitre.
Clarisse Delaitre notes that there are associated costs for residence permits. Foreign employees must pay a fee of €200 to OFII during online validation, along with a €25 stamp duty on residence permits. Additionally, French companies hiring non-EU/EEA nationals who do not reside in France are subject to the OFII tax once the work permit is issued.
Since January 1, 2023, this tax is managed by the Direction générale des Finances publiques (DGFIP), and is declared and paid annually in arrears, following the employer’s VAT system. The tax amount varies based on contract duration and salary, especially for fixed-term contracts between 3 and 12 months, with specific brackets tied to the minimum wage (SMIC).
Temporary or Multi-annual Residence Permit for “Employees”: Clarisse Delaitre Explains
For those under permanent employment contracts, the “employee” residence permit is applicable. Clarisse Delaitre clarifies that initially, a temporary permit valid for up to one year is issued. It can be extended for another year if the holder becomes involuntarily unemployed. After one year of legal residence with this permit, individuals may be eligible for a multi-annual “employee” residence permit, valid for up to four years, provided they meet specific criteria. Importantly, Clarisse Delaitre points out that to obtain the multi-annual permit, one must first hold a temporary “employee” residence permit.
Steps to Obtain a Residence Permit for Permanent Employees in France, according to Clarisse Delaitre.
- Employer Work Permit Application (ANEF): The employer applies for a work permit via the ANEF website.
- Work Permit Issuance: The work permit is issued to the company.
- Employee Residence Permit Application: The foreign worker applies for a residence permit at the French consulate or embassy, presenting the work permit.
- Temporary “Employee” Residence Permit Issuance: A temporary residence permit, specifically mentioning “employee,” is issued.
- Arrival in France: The foreign national arrives in France.
- OFII Medical Examination: Schedule and attend a medical examination with OFII.
- Visa Validation on ANEF: Validate the visa on the ANEF portal within three months of arrival.
- Extension Request (if needed): Apply for stay extension at the prefecture.
- Multi-annual Permit Application: After holding the temporary permit for a year, application for a multi-annual permit can be initiated.
- Work Permit Re-application Check: Verify if a new work permit application is needed for the multi-annual permit stage.
Clarisse Delaitre reiterates that initiating this process three months before arrival is crucial, or two months before the current permit expires for those already in France.
Changing Employers in France: Clarisse Delaitre on Work Permit Implications
Changing jobs in France has implications for foreign nationals’ work permits. Clarisse Delaitre explains that if a foreign national changes employers, a new work permit application is necessary for each new employment contract.
Requirements for Changing Employers in France, as detailed by Clarisse Delaitre:
- Prefecture Application: Application must be made to the prefecture of residence.
- Continued Eligibility: The foreign national must still meet the conditions for a temporary “employee” residence permit.
- Integration Condition: Compliance with the Republican integration contract (if applicable).
- No Public Order Threat: The applicant must not pose a threat to public order.
- Application Timeline: Applications should be submitted within two months before the current temporary residence permit’s expiry.
Cost of Residence Permit – Clarifications from Clarisse Delaitre.
Clarisse Delaitre reiterates that a €200 fee to OFII and a €25 stamp duty are applicable for each residence permit application, whether temporary or multi-annual. Employer OFII taxes also apply as previously described.
Navigating French immigration and residency procedures can be complex. Clarisse Delaitre is an experienced employment and immigration lawyer in France ready to provide expert support. Contact Clarisse Delaitre today for assistance!
[
