A work permit is a mandatory document that allows foreign nationals to come and work in France, whether that is as a salaried employee or a temporary worker. Without a permit, criminal proceedings may be initiated. Making a work permit application is therefore essential to ensuring that both the employer and the foreign employee are acting legally.
Are you a foreign national looking to come and work in France, or an employer looking to hire a foreign national? We explain everything about the work permit application, including who needs a permit, who must make the application, what the conditions are and what documents need to be provided.
What is a work permit?
A work permit is a mandatory legal document that enables a non-European foreign national to come and work in France. The work permit for a foreign national may be a separate document or form part of a residence authorization, such as a visa, a residence card, an application confirmation, a process extension certificate or an asylum seeker certificate.
These residence authorizations may expressly include the authorization to work in France, in which case the holder doesn’t have to make a work permit application.
Who needs to apply for a work permit for foreign nationals?
All foreign nationals must apply for a work permit application, except European Union nationals and citizens of countries assimilated to the EU, such as Switzerland, Andorra, Monaco and San Marino. Foreign nationals, regardless of whether or not they are already living in France, who do not have a residence authorization (visa, residence permit, etc.) stating that they are authorized to work, must apply for one.
This work permit for foreign nationals is necessary regardless of the nature and duration of the employment contract.
Which residence authorizations mean you don’t need to apply for a work permit?
Some residence authorizations exempt their holders from having to apply for a work permit in France, including:
- Working holiday visa: except for Russian nationals,
- VLS-TS visa (Visa Long Séjour valant Titre de Séjour — Long Stay Visa valid as Residence Permit) or “private and family life” residence permit,
- VLS-TS visa or “student” residence permit: Holders can work a maximum of 60% of annual full-time working hours (i.e. 964 hours) without a work permit,
- VLS-TS visa or “employee” residence permit: No need to make a work permit application, except in the case of a new employment contract,
- VLS-TS visa or “temporary worker” residence permit: No work permit is required, except in the case of a new employment contract,
- “Seasonal worker” residence permit: No work permit for foreign nationals is required, except in the case of a new employment contract,
- Resident permit or “long-term resident — EU” permit,
- “Talent Passport” residence permit,
- Confirmation bearing the words “autorise son titulaire à travailler” (“authorizes the holder to work”): unless a work permit was needed in order to get the residence permit and the contract is not the same.
If you have a Schengen short-stay visa, you must apply for a work permit in France before starting to work.
Are you a Moroccan or Turkish citizen looking to get a visa in France? Check out our guide on visas for France from Morocco and Türkiye.
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Who must make the work permit application in France?
The employer must make the work permit application at least one month before the worker starts in the role. They must only apply for this permit when they already have or are looking to get a residence permit for an employee, temporary worker, seasonal worker or student (if they work more than 60% of the legal maximum hours).
Before making a work permit application, the employer must check whether the residence permit of the foreign national they are recruiting authorizes the foreign national to work in France. To do that, they must send an email to their prefecture, with a copy of the document serving as a work permit.
Please note that it is forbidden for any employer (individual, company, association, etc.) to hire or continue the employment of a foreign worker without a work permit, under penalty of criminal sanctions (imprisonment, fines and additional penalties).
Where to make a work permit application
Since April 6, 2021, work permit applications for foreign employees are made online on a dedicated DGEF (Direction générale des étrangers en France — directorate general of foreign nationals in France) portal.
What are the conditions for applying for a work permit?
To apply for and get a work permit for a foreign employee, the application must meet four mandatory conditions:
- Recruitment not vetoed based on the employment situation: the proposed job is on the list of trades in short supply (trades which are struggling to recruit) or the posting for the proposed job has been in place for three weeks with public employment services (such as France Travail) and the company has not received any suitable applications,
- The employer is up-to-date with their social declarations and has not been criminally convicted or subject to administrative sanctions (for illegal work, crime against the person, etc.),
- The conditions for undertaking the profession have been followed in the case of regulated professions (real estate agent, hairdresser, tobacconist, psychologist, architect, etc.),
- The remuneration is higher than the SMIC (salaire minimum interprofessionnel de croissance — minimum wage) or the salary stipulated in the collective agreement applicable to the company, if that is higher than the SMIC.
How to make a work permit application online
Once the conditions necessary to obtain a work permit for a foreign nationalare met, when applying online, the employer must:
- Fill out the information relating to their professional establishment,
- Specify the type of recruitment they are looking for,
- Fill out the information relating to the prospective foreign employee or worker,
- Fill out the information relating to the prospective job,
- Fill out the information relating to the prospective contract,
- Attach the required supporting documents,
- Verify that the information provided is correct,
- Download the submission confirmation.
What documents need to be provided to apply for a work permit for a foreign employee?
When applying for a work permit online, various supporting documents need to be provided. These vary depending on the situation of the prospective foreign employee (e.g. whether they reside abroad or in France, whether the employment is seasonal, whether they are an asylum seeker, etc.).
As a guide, for a foreign national residing outside France and who is not a seasonal worker, the employer must provide:
- The employee’s passport or identity card,
- The last tax notice of the individual employer,
- An up-to-date KBIS extract, if the employer is a legal entity.
- If the recruitment is subject to a veto based on the employment situation: the job posting filed with the public employment service and the document attesting the closure of the posting and the absence of candidates,
- Proof of compliance with the regulatory conditions for practicing the profession if it is regulated,
- Confirmation of prior declaration of secondment, in the case of secondment.
For a foreign national already residing in France who does not have a residence permit authorizing them to work without prior authorization:
- Their current (valid) residence permit (front and back),
- Cerfa 15186*03 work permit application form,
- The last tax notice of the individual employer,
- An up-to-date KBIS extract, if the employer is a legal entity.
- If the recruitment is subject to a veto based on the employment situation: the job posting filed with the public employment service and the document attesting the closure of the posting and the absence of candidates,
- Proof of compliance with the regulatory conditions for practicing the profession if it is regulated,
- Confirmation of prior declaration of secondment, in the case of secondment.
- CV and qualifications obtained in France and abroad, if the employee is a student at the end of their studies.
How long does it take to get a work permit?
If granted, the work permit for a foreign national is sent by email to the employer and the employee within two months of the application being submitted. The employee will then have to undergo a medical examination. If there is no response within two months, the application for a work permit has been denied (except for asylum seekers, for whom the absence of a reply constitutes acceptance).
It should be noted that obtaining a work permit does not exempt foreign nationals living outside France from taking steps to obtain a visa authorizing them to enter French territory and a residence permit granting them a right of residence (for stays longer than three months).
What to do if a work permit application is denied
When a work permit application has been denied (no response within the time limit or receipt of a written refusal detailing the reasons for the denial), the employer has several administrative appeals:
- Free appeal lodged with the administration that made the decision,
- Hierarchical appeal to the Direction de l’immigration (directorate of immigration) of the Ministère de l’Intérieur (ministry of the interior),
- Annulment appeal before the administrative tribunal.
In all cases, the employer must notify the foreign employee that the work permit application has been denied. Please note that lodging an appeal does not allow the foreign worker to engage in employed activity while proceedings are ongoing.
FAQs
Can you work while waiting for a work permit application?
No, you cannot work while a work permit application for a foreign employee is being processed. Employers that hire or continue the employment of a foreign employee prior to obtaining a permit may be subject to criminal sanctions.
How much does a work permit application cost?
Applying for a work permit is free. However, if the permit is granted, the employer will have to pay an annual employer tax, the amount of which varies depending on the type and duration of the employment contract, as well as the gross monthly pay of the foreign employee:
- For an employment contract of between 3 and 12 months, it is €74 if the gross salary is less than or equal to €1766.92 (SMIC), €210 if the salary is between €1766.92 and €2650.38, and €300 if the salary is greater than €2650.38,
- For an employment contract of 12 months or more, the employer tax is 55% of the gross monthly salary when that is less than €4417.29, and €2429.51 when the salary is greater than or equal to €4417.29,
- For a seasonal contract, the tax, which is due for each person hired, is €50 per full or partial month of salaried activity.
This tax is declared and paid in the VAT declaration the following year.
How do you renew a work permit?
The work permit renewal must be carried out by the employer within the two months before the foreign national’s work permit expires, in the prefecture of the foreign national’s place of residence. The employer must provide new supporting documents, including the new employment contract and the most recent paychecks.
Can an undocumented person get a work permit?
An undocumented foreign national can get, by means of exceptional right to remain, an employee or temporary worker residence permit in France. However, such regularization is assessed on a case-by-case basis and undocumented foreign nationals must meet several conditions:
- Have an employment contract or promise of employment,
- Have been in France for at least three years and worked for a certain amount of time during that period,
- Have basic knowledge of French, not be a threat to public order and not be living under a polygamous arrangement in France.
Undocumented foreign nationals must submit a case for regularization through work in the prefecture of their place of residence.
This article is for general information purposes and does not constitute legal or professional advice from Western Union. This article is not intended to substitute advice from an administrative advisor or any other qualified professional.
