Since April 6, 2021, an employer who wishes to recruit a non-European candidate, must apply for a work permit. It has to be done online using ANEF website
- If you don’t have a APS Master or CdS RECE, your employer must post the offer for 3 weeks in France Travail and only then be eligible to apply for a work permit.
- The decision is taken within a maximum duration of 2 months after applying. It usually takes 2-3 weeks.
- When it is available, your employer will share it With you.
- The employee cannot apply for it. If you do, it will be rejected straightaway.
- The work permit may be limited to certain professional activities or geographical areas.
- A work permit issued in metropolitan France confers the rights only in metropolitan France. It does not cover the French overseas territories.
Did you know? If the administration has not responded within 2 months, the application is automatically considered refused. Except in cases of asylum seekers, the situation is opposite. The application is considered automatically accepted if the administration has not replied within 2 months.
Who needs a work permit ?
People applying the following visa or carte de sejour categories require a work permit. It includes the renewals too.
- Salarié (L. 421-1) for applicants with a CDI contract.
- Travailleur temporaire (L. 421-3) for applicants with a CDD contract.
- Travailleur saisonnier (L. 421-34) for seasonal workers.
- Students with the titre de séjour “étudiant” or “étudiant programme de mobilité”, who want to work more than 964 hours in a year.
- Asylum seekers in France.
Did you know? Each new employment contract will require a new work permit. So, a new autorisation is required while changing jobs.
The above list is not exhaustive but covers most of the categories.
Who does not need a work permit?
The following visa and carte de sejour categories do not require a work permit “autorisation de travail.”
- VLS-TS or carte de séjour “étudiant”, the foreign student can work a maximum of 60% of the annual working time (964 hours) without a work permit.
- Carte de séjour “recherche d’emploi ou création d’entreprise”
- Autorisation provisoire de séjour (APS Master) “recherche d’emploi ou création d’entreprise”
- VLS-TS or carte de séjour “vie privée et familiale”
- Carte de résident de 10 ans or carte de résident longue durée – UE
- Carte de séjour passeport talent (all categories)
- A récépissé which mentions “autorise son titulaire à travailler”, does not need a work permit.
- A working holiday visa “visa vacances-travail‘ automatically benefits from a work permit, unless you are a Russian.
If you are a citizen of one of the following countries, you do not need a work permit in France :
Andorra, Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.
Documents required for a work permit?
The list of documents to be submitted by your employer in support of your work permit application depends on your situation. The list is different based on the following categories,
- Recruitment of a foreign national living outside France, under a CDI or CDD contract. Decree of 1st April 2021: Article R5221-1
- Recruitment of a foreign national living inside France, under a CDI or CDD contract. Decree of 1st April 2021: Article 3
- Employees temporarily “Salariés détachés” posted by a company not established in France. Decree of 1st April 2021: Article 2
- Renewal of work permit for “Salariés détachés” Decree of 1st April 2021: Article 4
- Recruitment of a foreign national for seasonal employment, first application, or a person having carte de séjour pluriannuelle mentioning “travailleur saisonnier”. Decree of 1st April 2021: Article 5
- Students with the titre de séjour “étudiant” or “étudiant programme de mobilité”, who want to work more than 964 hours in a year. Decree of 1st April 2021: Article 6
- Recruitment of a foreign national seeking asylum in France. Decree of 1st April 2021: Article 7
The complete list is available here: Decree of 1st April 2021 setting the list of documents to be provided for obtaining a work permit
Can a work permit be declined?
The work permit application will be approved in the following cases,
- You have obtained a Master’s degree or an equivalent degree recognized by the government.
- You hold a provisional residence permit APS Master « étudiant en recherche d’emploi »” or Carte de Sejour RECE. In this case, 21 days publishing of job offer on France Travail is not applicable.
- The job is related to your Master’s and provides a salary at least equal to 1.5x the French minimum wage limit known as SMIC, per month. Salaries less than this amount might lead to the rejection of the application.
- Application submitted for a job and a geographical area where there are recruitment difficulties (list established by the labor office) or the job offer was published for 21 days on France Travail’s website, etc.
- The employer is up to date with payments of all the social charges.
Please note that the minimum salary requirement is updated regularly based on the SMIC. So, you should keep this in mind, while negotiating your future salaries.
More details can be found here, Decree of 1st April 2021 and its update Decree of 1st March 2024 on the issuance, without opposition of the employment situation, of work permits to non-European foreigners.
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Sources & References
- Autorisation de travail d’un étranger salarié en France
- SMIC – French minimum wage
- Labour Code: Chapter I: Employment of a foreign employee (Articles R5221-1 to R5221-48)
- Labour Code: articles L5221-5 to L5221-11 Conditions for an employed activity by foreign workers
- Labour Code: articles L8256-1 to L8256-8, Criminal penalties for the employment of foreigners without a work permit
- Labour Code: articles R5221-17 to R5221-22, Issuance of work permits
- Decree no. 2014-1292 of 23 October 2014, Implicit refusal in case of silence kept for more than 2 months on the work permit application
- Decree of 1st April 2021 on the issuance, without opposition of the employment situation, of work permits to non-European foreigners.
- Decree of 1st March 2024 updating the Decree of 1st April 2021.
