We will have first and foremost to work on the Job Description to adjust it so that it fits with the French Regulations. Some Jobs are more in demand than others.
Foreigners, who enter France to take up salaried employment, must hold a work permit. Otherwise, they cannot be hired. The work permit can take the form either of a visa or a residence permit, or of a document separate from the residence document. Sanctions are provided for in the event of the employment of an illegal worker.
It can take one of the following forms:
- card
Document separate from the residence document (temporary residence document bearing the words “authorizes its holder to work”, temporary work permit – APT).
You are concerned by the application for a work permit if you are a foreigner and want to work as an employee in France. Regardless of the nature of the employment contract (private or public) and its duration.
Good to know about Job Description
Obtaining a work permit does not exempt the foreign national from taking steps to obtain a visa authorizing his entry into French territory and a residence permit granting him a right of residence. (stay longer than 3 months).
Citizens of the European Union, the European Economic Area and Switzerland are not concerned, they benefit from free movement within European territory and can settle and work in France.
THE IMPORTANCE OF THE JOB DESCRIPTION
We will have first and foremost to work on the Job Description to adjust it so that it fits with the French Regulations.
Some Jobs are more in demand than others.
The Job description is then crucial because it can give you more chances to be approved if it matches the needs of the French market.
WHAT IS THE LIST OF JOB OPPOSABLES
The opposability of the employment situation?
The foreign national who requests a work permit may be opposed to the employment situation. The competent services assess the application for a work permit with regard to the labor market and in particular the unemployment rate in the sector or zone in question.
Depending on the region of employment, certain occupations are listed among shortage occupations, i.e. characterized by recruitment difficulties, for which there is no opposability of the employment situation.
The employment situation or the absence of a prior search for candidates already present on the labor market is not opposable to an application for a work permit submitted for a foreigner who is not a national of a Member State of the Union. European Union, another State party to the European Economic Area or the Swiss Confederation wishing to exercise a professional activity in a profession of one of the professional families and a geographical area characterized by recruitment difficulties.
Bilateral agreements
Added to this list are shortage occupations for foreign nationals from a country that has signed an agreement on migratory flows with France. These agreements provide for specific procedures to promote the professional mobility of foreign nationals between the signatory countries.
More information about the provisions of these agreements on the website of the Ministry of the Interior.
Students and Job description
The work permit application of a foreign student holding a diploma at least equivalent to a master’s degree is examined without opposability of the employment situation, if the employment contract presented is related to his training and with remuneration at least equal to €2,404.67 gross per month on January 1, 2022.
FOLLOWING THE RIGHT PROCEDURE
Submission of the application by the employer
It is your future employer who must apply for a work permit ( also called introduction procedure).
It must follow several steps:
Publication of the job offer with the public employment service for 3 weeks, accompanied by an introduction application
file Transmission of the file to the administration if the offer is unsuccessful
L employer must verify the title authorizing the foreigner to work in France with the prefecture of the place of employment (unless the foreigner is registered on the list of job seekers), at least 2 working days: Corresponds to every day of the week, with the exception of the weekly rest day (generally Sunday) and public holidays usually not worked in the company before the effective date of hiring. In practice, the employer must send an email with an attached copy (scan) of the title equivalent to a work permit. At the request of the prefect, the foreigner may be required to produce the original document.
The prefect notifies his response to the employer within 2 working days of receipt of the request. Without a response within this period, the employer’s obligation to ensure the existence of the work permit is considered fulfilled.
It is prohibited for any individual or any legal person (company, association, etc.) to hire or retain a foreign worker without a work permit.
The illegal employment of a foreigner is an offense punishable by criminal penalties (prison sentence, fines and additional penalties such as disqualification).
Examination of the request
To grant or refuse the work permit, the administration examines a set of elements.
The administration analyzes the employment situation in the profession and the employment pool concerned.
If you have a student residence permit or a job search or business creation residence permit, it checks that you meet the diploma and qualification requirements set out in the job offer, based on the following documents :
Curriculum vitae
Copy of diplomas
Any employment certificates
It examines the proposed salary, which must be at least equal to the Smic or the minimum remuneration provided for by the collective agreement (even in the case of part-time employment).
It also takes into account the following criteria:
Compliance by the employer (and/or the user and/or host company) with labor and social protection legislation. In the event of a breach, the work permit is refused (for example: concealed work, non-payment of social security contributions)
If necessary, compliance by the employer, the user or host company or the employee with the conditions of exercise of the regulated professional activity: Profession whose exercise is subject to the authorization of a competent authority and to the possession of a diploma or specific training concerned.
Decision of the administration
The decision is normally made within a maximum period of 2 months following the submission of the complete application.
If the administration has not responded within this 2-month period, the request is refused.
It is notified: Formality by which a procedural act or a decision is brought to the attention of a person to the employer, who transmits it to you.
In the event of a written refusal, the decision must specify the reasons. It must indicate the means and deadlines for appeal.
The application is rejected if one or more criteria for issuing the work permit are not met. This is the case if the employer can call on the labor available in France.
Appeal
An informal appeal can be lodged with the administration which took the decision (address communicated on the notification of the refusal).
A hierarchical appeal can also be presented to the Minister of the Interior.
An action for annulment before the administrative court is also possible. To be admissible, it must be filed within certain deadlines and contain a copy of the refusal decision.
In the absence of formal or hierarchical appeal, the deadline for seizing the judge is 2 months from the notification of rejection of the work permit application or the implicit refusal.
Administrative and contentious appeals do not suspend the execution of the refusal decision. However, a summary suspension or a summary freedom can be filed.
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