The rule is that a foreigner will not be working in France legally if he has not obtained a work permit. Likewise, an employer may not hire a foreigner without a work permit, under penalty.
Employers are therefore required to verify that people they employ are allowed to work. This obligation is permanent, i.e. the verification must be done at the time of hiring, but also throughout employment contract.
Several cases can arise. The person approached for a certain job can:
- – already reside in France on a regular basis but not have a residence permit allowing him to work;
- – not reside in France and need and authorization to enter France and stay there to occupy a job;
- – stay in France irregularly, without any right to stay, whether he never had it or lost it.
In the first case, we speak of a change of status. The second case corresponds to what is called procédure introduction. In the third case, it will be necessary to implement the exceptional admission procedure, sometimes called “regularization through work”.
Working in France is allowed under only two types of temporary residence permits:
- The long-stay visa equivalent to a residence permit:
it must be validated within 3 months of arrival in France. Once validated, the long-stay visa equivalent to a residence permit opens the same rights as the residence permit it replaces. The decree of February 13, 2019, has changed the terms of validation of the long-stay visa equivalent to a residence permit. This process is now carried out exclusively online.
- The temporary residence card.
These residence permits are usually valid for one year and are renewable as long as the conditions which enabled their issue are still met.
In principle, the issuance of these residence permits is subject to the presentation of a corresponding long-stay visa. This means that the residence permit cannot be requested at the prefecture, once the foreigner has arrived in France if the latter does not hold the correct visa.
The issuance of the residence permit is subject to common conditions including:
- The foreigner must not pose a threat to public order;
- The foreigner must not live in a situation of polygamy in France.
In addition, each residence permit also requires specific conditions of issue.
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