French employers hiring foreign national workers have a lot to consider when it comes to bureaucracy in France. Similar to other developed immigration frameworks it typically involves a combination of visas, residency status and work authorization.

This article addresses some of the most critical and fundamental aspects in obtaining work authorization for both permanent and temporary foreign national workers.

Do you need a work permit to live and work in France?

If you are a foreigner who is not a national of the European Union, the European Economic Area or Switzerland and you wish to work in France, you must obtain a work permit. This authorisation may take the form of a visa or a residence permit, or a document separate from the residence document.

In practice, the employer must first apply for a work permit from the relevant prefecture. Once issued, this authorisation must be presented by the foreigner in support of his application for a residence permit.

What are the types of work authorization in France?

There are two types of residence permits that can be issued depending on the type of contract concluded by the foreigner: Temporary worker residence permit. This permit authorises the foreign national to live in France and work under a fixed-term employment contract.

Temporary or Multi-Annual “Employee” Residence Permit. This permit authorises the foreign national to live and work in France under a permanent employment contract.

What is the process to obtain work authorization in France?

In France, access to work authorization can follow two different procedures depending on where you are based:

• The introduction procedure for foreigners who are not on the national territory;
• The change of status procedure for foreigners who are already in France.

For foreigners outside France, the employer must:

• Check that the recruitment project falls within the list of occupations in short supply:
• If yes, he can apply for a work permit;
• If not, he must first publish a job offer with the public employment service for three weeks. If the offer remains unsuccessful, the employer can start recruiting the foreign worker through the introduction procedure.

For foreigners already inside France, the employer must:

• Check that the foreigner holds a valid residence permit and that this permit authorises him/her to work. This verification can be done at the prefecture, according to the procedures available on the prefecture's website;
• If the foreigner does not hold a residence permit that already includes a work permit, the employer must request a work permit.
• The employer must apply for a work permit online on the website of the Agence nationale des étrangers en France (ANEF). The processing time after submitting the application online is from a few days to several months (usually 1 or 2 months).

As you can see from the above information, a lot of the responsibility will be on the employer to go through the work authorization process alongside the employee.

France provides several pathways for obtaining work authorization - for both permanent and temporary foreign nationals.

Residence Permits for France

Once the work permit has been obtained, the visa issued must be adapted to the duration of the stay and the characteristics of the work contract. This will also impact your residence permit.

Temporary residence permit for "temporary workers” in France

This permit concerns foreigners who are employed under a fixed-term (i.e. Temporary) employment contract. It is issued for the same duration as the employment contract, up to a maximum of one year. This temporary residence permit does not entitle the holder to obtain a multi-annual residence permit after one year of legal residence. It can be renewed for the same duration as the work contract or the secondment under certain conditions.

The process to obtain Temporary Residence Permit in France

1. Application for a work permit by the employer in France on the ANEF website;
2. Issuance of the work permit to the company;
3. Application for a residence permit by the foreign worker with the work permit at the French consulate or embassy;
4. Issuance of the temporary residence permit for "temporary worker";
5. Arrival in France;
6. Making an appointment at the OFII for a medical examination (may be carried out abroad before the visa is issued, depending on the country from which the foreign worker comes);
7. Validation of the visa on the ANEF within 3 months of arrival in France;
8. Extension of the stay upon request to the prefecture of the place of residence.

The procedure must be initiated at the earliest 3 months before the date of arrival in France. If the applicant already resides in France, the procedure must be initiated 2 months before the expiry of the previous residence permit.

France Residence Permit Costs.

The foreign employee must pay a fee of €200 to the OFII when validating the application online. A stamp duty of €25 on residence permits is added to the amount of the tax. Once the work permit has been issued, any French company hiring an employee who is not a national of the European Union or the EEA and does not reside in France must pay the OFII tax.

Since 1 January 2023, this tax has been collected by the Direction générale des Finances publiques (DGFIP), declared and paid annually in arrears, with the declaration and payment procedures following the employer's VAT taxation system.

Thus, the tax will be due for recruitment carried out in the course of a year, declared and paid with the following year's VAT return. The amount of the tax varies according to the duration of the contract and the salary, based on the current minimum wage, for fixed-term contracts of between 3 and 12 months:

• Salary less than or equal to €1709.28 = €74;
• Salary between €1,709.28 and €2,563.92 = €210;
• Salary above €2,563.92 = €300.

Temporary or Multi-annual Residence Permit for "employees”

This permit concerns foreigners working under a permanent employment contract. It is issued for a maximum period of one year, but may be extended by one year if the foreigner is involuntarily unemployed. After one year of legal residence under cover of this permit, the foreigner can obtain a multiannual "employee" residence permit valid for up to four years if he or she meets the required conditions. However, in order to obtain this multi-annual card, the foreigner must already hold an "employee" residence permit. If not, they must first apply for a temporary residence permit bearing this reference and wait for one year of legal residence to obtain the "employee" multi-annual permit.

Steps to obtain a Residence Permit for Permanent Employees in France.

1. Application for a work permit by the employer in France on the ANEF website;
2. Issuance of the work permit to the company;
3. Application for a residence permit by the foreign worker with the work permit at the French consulate or embassy;
4. Issuance of the temporary residence permit with the word "employee";
5. Arrival in France;
6. Making an appointment at the OFII for a medical examination (this may be carried out abroad before the visa is issued, depending on the country from which the foreign worker comes);
7. Validation of the visa on the ANEF within 3 months of arrival in France;
8. Extension of the stay upon request to the prefecture of the place of residence.
9. It is important to note that the procedure must be initiated at the earliest three months before the date of arrival in France. If the applicant already resides in France, the procedure must be initiated two months before the expiry of the previous residence permit.
10. The steps to apply for a multi annual residence permit mentioning "employee" are
11. Verification of the need to reapply for a work permit

Changing Employers and the Impact on Work Permits in France

If the foreign national changes his/her work contract, the employer will have to apply for a new work permit. Essentially, each new work contract will require a work permit.

Requirements & eligibility for changing employers in France.

• Application to the prefecture of the place of residence
• Continue to meet the conditions for issuing a temporary residence permit for "employees
• Respect the integration condition (attendance and seriousness of participation in the Republican integration contract if the foreign employee is subject to it)
• Not constitute a threat to public order.
• The application must be made within 2 months before the expiry date of the temporary residence permit.
• The application must be made within two months of the expiry date of the temporary residence permit.

The cost of the residence permit.

Each time an application for a residence permit is made, whether it is a temporary or multi-annual residence permit, the foreign employee must pay a fee of 200 € to the OFII when validating the application online. A stamp duty of €25 on residence permits is added to the amount of the tax.

Once the work permit has been issued, any French company hiring an employee who is not a national of the European Union or the EEA and does not reside in France must pay the OFII tax.

Since 1 January 2023, this tax has been collected by the Direction générale des Finances publiques (DGFIP), declared and paid annually in arrears, with the declaration and payment procedures following the employer's VAT taxation system. Thus, the tax will be due for recruitment carried out during a given year, declared and paid with the following year's VAT return. The amount of the tax varies according to the duration of the contract and the salary, based on the SMIC in force (January 2023) for employment contracts of more than 12 months:

• Salary less than 4273, 21€ = 55% of the gross monthly salary;
• Salary equal to or higher than 4273.21€ = 2350.26€.

Navigating French Immigration and Residency procedures can be challenging. Clarise Delaitre is a highly qualified employment and immigration lawyer in France who can support your objectives. Reach out to Clarisse today!