Recruitment of a foreign employee not in possession of a visa or residence permit authorizing paid employment requires a specific work permit. It is up to the employer, whether based in France or abroad, to submit the application for a work permit.
The post-Brexit transition period expired on December 31, 2020. British citizens must now also apply for a work permit depending on their date of arrival in France and their situation. Find more information on this subject on the dedicated sheet “Fact sheet: British nationals and their family members”. The company should submit the work permit application at least three months before the employee is due to take up their role.
Before submitting the application, the employer must have attempted to find a candidate already in the French labor market with the help of government agencies (e.g. Apec and Pôle Emploi) or private organizations.
If the employment levels have to be checked before hiring the future employee (see below), the employer must have attempted to find a candidate already in the French labor market with the help of government agencies prior to submitting the application. To this end, the employer must submit the job offer to a public employment agency (Apec or Pôle Emploi) for three weeks.
Once this step has been taken, or if it is not necessary, the employer can submit the work permit application on the dedicated platform.
|Helpful tip: Obtaining a work permit does not exempt foreign nationals from the requirement to apply for a visa allowing them to enter France and a residence permit granting the right of residence (for stays of over three months).Citizens of the European Union, the European Economic Area and Switzerland are not affected, they benefit from free movement within European territory and can settle and work in France sections..|
Visa, staying, working
- Work permit
- Company directors
- Startup founders
- Accompanying family
Where to apply
As of April 6, 2021, applications for work permits to hire foreign employees have to be done online on a dedicated portal.
Step 1: If the employment levels have to be checked before hiring the future employee (see below), the employer will have to publish the job offer for 3 weeks in a public employment agency (Pôle Emploi or Apec) before applying for the work permit.
Step 2: Online application for the work permit on the dedicated portal.
Step 3: Confirmation by e-mail that the application has been submitted.
Step 4: If the work permit is issued, the employer and the foreign employee will receive it by e-mail.
Step 5: The future employee will have to attach the work permit to his/her visa and/or residence permit application.
Analysis of the work permit application
Since April 1, 2021, the Ministry of the Interior has been responsible for monitoring foreign workers. This mission was previously carried out by the Direccte ( foreign labor department of the local employment authorities ).
In deciding whether to grant a work permit, the competent service review the following:
- Employment levels in the profession and region in question.
- The degree to which the foreign national’s skills, experience and qualifications match the characteristics of the proposed job.
- The employer’s compliance with legislation governing employment and social protection.
- The employee’s compliance, where applicable, with regulatory conditions governing the position in question.
- The conditions of employment and pay offered to the foreign national, which must be comparable to those granted to other employees of the company (or occupational sector) in similar roles.
- The proposed salary, which must be at least equal to the statutory national minimum wage (SMIC) (i.e. €19,747 as of May 1, 2022).
- Any arrangements made by the employer to allow the foreign national entering France to have access to accommodation under normal circumstances.
Once the application has been submitted online on the dedicated platform, the applicant will receive a confirmation of submission.
As soon as the application is validated, the applicant will receive a work permit in electronic form.
This authorization will have to be used to apply for a visa at the consulate and/or a residence permit at the Prefecture.
Applications for work permits by foreign nationals can be rejected on the grounds of employment levels. Indeed, applications for work permits by foreign nationals can be rejected on the grounds of employment levels by the competent services.
According to the region of employment, some jobs are listed among the jobs in tension, that is to say characterized by difficulties in recruitment, for which there is no opposability of the employment situation. You can find a simulator to know if the employment levels will have to be checked for the hiring of the employee.
To this list is added the professions in tension for foreign nationals originating from a country that has signed an agreement on migratory flows with France. These agreements provide for specific arrangements to promote the professional mobility of foreign nationals between the signatory countries.