The long-stay visa equivalent to a residence permit or the temporary worker residence permit is intended for foreigners who wish to stay in France to exercise a salaried activity under a fixed-term contract of more than 3 months, or a salaried foreigner seconded (mobility outside the intragroup or intragroup) who cannot claim a multi-year “passport-talent” residence permit.
The request for this residence permit can be made (pursuant to Article L 313-10 2 ° of the CESEDA):
- When the foreigner resides abroad and wishes to come to France to exercise a salaried activity under a fixed-term contract. In this case, the long-stay visa will be required;
- When the foreigner resides in France under cover of another residence permit and requests a change of status;
- When the foreigner resides in France in an irregular manner and fulfills the conditions of an exceptional admission to the stay by work.
Obtaining a residence permit is subject to the issue of a work permit. The procedure to request a temporary worker residence permit will vary depending on whether the foreigner resides in France or not.
Foreigners residing outside France
An employer who wishes to hire a foreigner residing outside of France must apply for a work permit. If the work permit is issued, the foreigner will have to apply for a long-term visa for a temporary worker with the French consular authorities.
The employer must file a work authorization request with the service of the foreign workforce of the DIRECCTE (Regional direction of the companies, competition, consumption, work, and employment).
He must complete the work authorization request form and attach all the supporting documents requested.
Processing of the work authorization request
To process the work authorization request, the DIRECCTE foreign labor service will take the following elements into account:
- The employment situation: as part of the examination of the employment situation, it is mandatory that the employer has submitted a sufficiently detailed and explicit job offer with a concurrent public service organization of the placement (such as Pôle Emploi). The job offer must have been advertised through a suitable medium and for a sufficient duration (3 weeks);
Depending on the situation of the foreigner, his nationality, or the job concerned, the employment situation will not be enforceable.
- The non-opposition of the employment situation
- The adequacy between the diplomas and qualifications required by the job offer and those of the worker;
- The conditions of employment and remuneration which must correspond to customs in the trade for the type of employment concerned;
- Remuneration must be at least equal to the minimum wage even if it is a part-time contract;
- Compliance by the employer with labor and social protection legislation.
The decision on work authorization
The decision is taken by the prefect or by a delegation of the prefect by the director of the territorial unit of DIRECCTE. The administrative authority has a period of 2 months to make the decision.
The decision is notified to the employer and abroad.
The work permit issued as part of a first request has a validity period of at least 1 year for the activity indicated on the employment contract with the employer who submitted the request and in one or more areas geographic or for all of metropolitan France.
In the event of a change of position within the same company or a change of employer, a new request for a work authorization must be made.
The long-stay visa application
If the work authorization is granted, the foreigner who resides outside of France can apply for a long-stay visa equivalent to a residence permit to the French consular authorities. In case of visa refusal, appeals are possible.
The period of validity of the long-stay visa equivalent to a residence permit is 1 year.
This visa must be validated within 3 months of arrival in France. 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.
Foreigners residing inside France
The issuance of a temporary work permit for a foreigner residing in France is subject to the prior issuance of a work permit.
The foreigner residing in France who wishes to obtain a temporary residence permit ” temporary worker” applies for the first issue of residence permit or a renewal request of his residence permit 2 months before its expiration. His application file for a temporary residence permit includes a work authorization application completed by the employer.
The employer must complete the work authorization request form and attach all the supporting documents requested.
The prefecture forwards the request for work authorization for instruction to the service of foreign labor of the DIRECCTE and will make a decision concerning the issue of the temporary residence permit upon receipt of the decision of the DIRECCTE concerning the request for ‘Work Authorization.
The work Authorization Request
To process the work authorization request, the DIRECCTE foreign labor service will take the following elements into account:
The employment situation: as part of the examination of the employment situation, it is mandatory that the employer has submitted a sufficiently detailed and explicit job offer with a concurrent public service organization of the placement (such as Pôle Emploi). The job offer must have been advertised through a suitable medium and for a sufficient duration (3 weeks).
Depending on the situation of the foreigner, his nationality, or the job concerned, the employment situation will not be enforceable.
The decision on work authorization
The decision is taken by the prefect or by a delegation of the prefect by the director of the territorial unit of DIRECCTE.
The administrative authority has a period of 2 months to make the decision.
The decision is notified to the employer and abroad.
If positive
The work permit issued as part of a first request has a validity period of at least 1 year for the activity indicated on the employment contract, with the employer who submitted the request and on one or more geographic areas or for all of metropolitan France.
In the event of a change of position within the same company or a change of employer, a new request for a work authorization must be made.
For foreigners who have already obtained a residence permit in France and who request a change of status and for foreigners who have obtained a residence permit in the context of an exceptional admission to stay, the medical examination at the OFII has been canceled.
The DIRECCTE foreign manpower service transmits its decision to the prefecture, which examines the request for a temporary work permit “temporary worker”.
The Request for a Residence Permit
In the event of a positive decision from the prefecture, the foreigner will be summoned to come and collect his 1-year temporary worker temporary resident permit. He must then pay the taxes and stamp duties corresponding to the temporary residence permit “temporary worker”.
In the event of a negative decision by the prefecture, an appeal to the administrative court may be filed within 2 months of notification of the decision.
The Renewal
If the foreigner wishes to stay in France, he must file the request for renewal of his long-stay visa equivalent to a residence permit or temporary residence permit 2 months before the expiry of the residence permit (long-stay visa or temporary residence permit ).
The documents to be supplied will be the same as for the 1st request.
If the renewal request is accepted, the foreign worker will be issued with a temporary residence permit for a duration equal to that of the fixed-term contract or the remaining secondment or that of a new fixed-term contract or the extension of the secondment. The period of validity of the residence permit issued may not exceed 1 year.