You are a foreign student (non-EU national) holding a “student” residence permit and requesting a change of status to “employee” (or “temporary worker”).
The request for a change of visa must be submitted to the prefecture of your place of residence.
TABLE OF CONTENT
THE WORK AUTHORIZATION IS NECESSARY FOR THE CHANGE OF STATUS
THE OPINION OF THE DIRECCTE IS NECESSARY TO VALIDATE THE CHANGE OF STATUS
THE TRANSMISSION OF THE FILE TO THE OFII
REQUESTING ASSISTANCE TO GET YOUR CHANGE OF STATUS
THE WORK AUTHORIZATION IS NECESSARY TO CHANGE OF STATUS
The request for a change of status from student to employee necessarily involves requesting a work permit. The case of students holding a master’s degree or equivalent who benefit from a more favorable procedure will not be dealt with here. The situation of these students will be the subject of a separate article.
This article is aimed at foreign students, holders of a valid “student” residence permit and who, without having obtained a master’s degree or equivalent or other diplomas allowing them to obtain an APS, wish to change their status to ” employee”
The procedure for changing status from student to employee necessarily implies having the support of an employer. Foreign students wishing to change their status to salaried employees must therefore submit a work permit application signed by this employer to the prefecture.
This may be an employer for whom the foreign student already works or a potential employer for whom he has never worked.
You should know that the acceptance of the change of visa from student to employee is not a right, is not automatic. The prefect has a discretionary power in this matter.
THE OPINION OF THE DIRECCTE IS NECESSARY TO VALIDATE THE CHANGE OF STATUS
Also, the file requesting a change of status from student to employee is sent by the prefecture to the foreign labor service at the DIRECCTE (Regional Directorate of companies, competition, consumption, work and employment)
It is the DIRECCTE which will therefore be responsible for giving its opinion on the application for a work permit according to several criteria, in particular the consistency between the course of the foreign student and the position offered to him. If the opinion of the DIRECCTE is negative, the change of status will be refused by the prefecture.
In this case, the foreigner will be notified by the DIRECCTE of the decision to refuse to issue the work permit and by the prefecture of the decision to refuse the residence permit, generally accompanied by an obligation to leave French territory (oqtf)
It is therefore advisable before filing a file for a change of status from student to employee in the prefecture to prepare it solidly.
TRANSMISSION OF THE FILE TO THE OFII
The OFII is the French Immigration Integration Office
If the request for a change of status is accepted, the foreign labor department at the DIRECCTE sends two copies of the contract endorsed favorably to the Ofii, the commitment to pay the fee corresponding to the nature of the work permit issued and notifies the prefectural services of its decision.
In order to comply with the provisions of the law of 20 November 2007 which allow the employee to work once the administration has given a favorable opinion, a copy of this contract is also sent to the foreign national.
Since a ministerial instruction of March 12, 2015, foreign employees who have obtained a favorable opinion on their change of visa are no longer subject to a medical examination. However, files continue to be sent to the Ofii as part of the reception and orientation contract and the reception
visit. The medical visit must take place within three months following the favorable opinion of the Direccte. Failing this, the work permit may be withdrawn.
REQUESTING ASSISTANCE TO GET YOUR CHANGE OF STATUS
Our law firm can assist you with a request to change your status from student to employee.
If the change of visa from student to employee is refused, with or without OQTF, it is possible to contest this decision.
Our law firm regularly intervenes in this type of case, in the context of appeals that may be brought against decisions to reject requests for a change of visa from student to employee.
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