The Temporary worker residence permits

temporary worker

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The long-stay visa serving as a residence permit or the temporary “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 for salaried foreigners. seconded (mobility outside intragroup or intragroup) who cannot claim a multi-year “passport-talent” residence permit.

The request for this residence permit can be made:

  • 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 another residence permit and requests a change of status;
  • When the foreigner resides in France irregularly and fulfills the conditions for exceptional admission to stay through work.

Obtaining a residence permit is conditional on the issuance of a work permit.

The procedure will vary depending on whether or not the foreigner resides in France.

 

Foreign nationals residing outside France

The employer who wishes to hire a foreigner residing outside France must apply for a work permit. If the work permit is issued, the foreigner will have to apply for a long-stay “temporary worker” visa with the French consular authorities.

The work permit application

The employer must submit an application for a work permit to the foreign labor service of DIRECCTE (Regional Directorate for Enterprises, Competition, Consumption, Labor, and Employment).

He must complete the work permit application form and attach all the supporting documents requested.

To process the application for a work permit, the foreign workforce service of DIRECCTE will take into account the following elements:

  • 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 to a competing public service body in the placement (such as Pôle Emploi). The job offer must have been advertised through an appropriate medium and for a sufficient duration (3 weeks);

The employment situation is one of the criteria on which the administrative authority will base its decision whether or not to grant a work permit for a foreign (non-European) worker.

The employment situation corresponds to the examination by the administrative authority of the statistical elements on the level of unemployment for a trade in the geographical area concerned and of the research carried out by an employer in order to determine whether it is able to find a worker already in the labor market.

  • The match between the diplomas and qualifications required by the job offer and those of the worker;
  • The employment and remuneration conditions which must correspond to the customs in the trade for the type of employment concerned;
  • The 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: Article L 5221-7 of the labor code provides that ”  the administrative authority may exchange all information and documents relating to this request with the bodies contributing to the public employment service mentioned in article L. 5311-2, with bodies managing a social protection scheme, with the establishment mentioned in article L. 767-1 of the social security code as well as with the paid vacation funds provided for in article L. 3141-32  “;
  • Where applicable, compliance by the employer or employee with the rules specific to the regulated professional activity;
  • The arrangements made by the employer to provide housing for the worker under normal conditions.

The decision on the work permit

The decision is taken by the prefect or by a delegation from 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 to the foreigner.
If the work permit is granted, foreigners residing outside France can apply for a long-stay visa equivalent to a residence permit with the French consular authorities.
The period of validity of the long-stay visa serving as a residence permit is 1 year.
This visa must be validated within 3 months of arrival in France. 

 

Foreign nationals residing in France

The issuance of a temporary “temporary worker” residence permit for a foreigner residing in France is conditional on the prior issuance of a work permit.

The work permit application

A foreigner residing in France who wishes to obtain a temporary “ temporary worker ”  residence permit files an application for the first issue of a residence permit or a request for renewal of his residence permit 2 months before its expiration.

His application for a temporary residence permit includes a work permit application completed by the employer.

The employer must complete the work authorization application form and attach all the supporting documents requested.

To process the application for a work permit, the foreign workforce service of DIRECCTE will take into account the following elements:

  • 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 to a competing public service body in the placement (such as Pôle Emploi). The job offer must have been advertised through an appropriate medium and for a sufficient duration (3 weeks);
  • The match between the diplomas and qualifications required by the job offer and those of the worker;
  • The employment and remuneration conditions which must correspond to the customs in the trade for the type of employment concerned;
  • The 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: Article L 5221-7 of the labor code provides that ”  the administrative authority may exchange all information and documents relating to this request with the bodies contributing to the public employment service mentioned in article L. 5311-2, with bodies managing a social protection scheme, with the establishment mentioned in article L. 767-1 of the social security code as well as with the paid vacation funds provided for in article L. 3141-32  “;
  • Where applicable, compliance by the employer or employee with the rules specific to the regulated professional activity;
  • The arrangements made by the employer to provide housing for the worker under normal conditions.

 

The decision on the work permit

The decision is taken by the prefect or by a delegation from 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 to the foreigner.

The DIRECCTE foreign workforce service transmits its decision to the prefecture, which examines the application for a “temporary worker” temporary residence permit.

In the event of a positive decision from the prefecture, the foreigner will be summoned to come and collect his temporary “temporary worker” residence permit for 1 year. He will then have to pay the taxes and stamp duties corresponding to the “temporary worker” temporary residence permit.