EU or Economic European Area (EEA) nationals do not need a work permit and have automatically the right to work. However they must obtain a residency card either for short stay or for long stay (the latter denominated “European Community or EEA card”) after presenting their work contract to the relevant Municipality or Prefecture offices.

More

Non-EU foreigners outside the French borders must be requested by a French employer. In case of permanent recruitment, the employer must demonstrate the specific interest (for instance technological know-how or skills etc.) that that particular eprson presents for the employer). The request must be given by the employer to the Agence National pour l’Emploi. It is assessed by the Direciton Départementale du travail, de l’emploi et de la formaiton Professionelle (DDTEFP) In case of positive decision, this is given to the employer and the relevant authorities for issuance of visa for the worker are informed. The worker, once in France must pass a medical examination and is then issues, if all papers are in order with a temporary stay card with the mention “salarié”.

Work permits can be issues for subordinate or non-subordinate work. Work permit can be issues to people with a short term visa or temporary stay authorization and in possession of a valid passport, either for the whole metropolitan territory and for all activities (in this case the permit will state “salarié- toutes professions en métropole”) or for a specific geographical area and/or a specific activity). Alternatively the authorization to work can be issues as a separate document or as a part to a seasonal work contract.

A work permit can be refused by the authorities also on grounds of public policy, in case the level of unemployment is particularly high (“situation d’emploi”). In that case the refusal must be motivated with verified and precise statistical data. Also, the refusal must be limited to the specific work activity for which the work permit has been requested. The refusal can be opposed also in the case of foreigners not yet on French territory who present a contract with a French employer and a letter from the employer. Refusal on such grounds can not be given to nationals from the EU or EEA, to residency card holders for family reasons (“vie privée et familiale”), to holders of full residency cards, to refugees and stateless persons, to managers or other personnel with high qualifications or skills, or to Algerian citizens with residency card valid for 1 or 10 years

A change in situation of a holder of subordinate employment permit, for instance change of employer or geographical area of work and residency must be communicated to the DDTEFP which will assess the legitimacy of such changes on the basis of the “situation d’emploi”.

In case a foreigner has a temporary residency card for other reasons than subordinate work (visitor, student, trader etc.) and wants one for subordinate work, s/he must first find an employer who will give him/her a contract and support his/her application for a “salarié” permit. The request is assessed by the DDTEFP which will take into account, amongst other things, whether the person requesting the permit poses threats to public order, the situation of employment in the sector and geographic area etc. In case of refusal, compulsorily in writing, an appeal can be lodged with the Ministry of Employment. However, such appeal will not stop expulsion procedures if these have initiated.

The full residency card constitutes in itself a work permit. It is issued to certain categories of foreigners, except if they pose a threat to public order. It is valid for 10 years and can be renewed. Those issued with this document can exercise the work activity of their choice on the whole metropolitan territory. If the card is issued by the authorities of one of the Departements d’Outre Mer (DOM), it is valid only for activities exercised in that same Department.

Those foreigners with a temporary residency card issues for family reasons (“vie privée et familiale”) have automatically the right to exercise the work activity of their choice over the whole metropolitan territory. In case the holders of such card are nationals of Algeria, Morocco or Tunisia they have no automatic right to work but must go through the procedure for obtaining a work permit for subordinate work. However, the refusal on the ground of public policy or “situation d’emploi” can not be applied to this category of applicants for a work permit

Those foreigners who have obtained a temporary residency card mentioning amongst “art and culture professional”, or “trader or “scientist” have automatically a permit to exercise such professions on the metropolitan territory.

Asylum seekers have no automatic right to work and must present a request for work permission. The “situation d’emploi” can be a ground for refusal.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

Hide