Published on: March 27, 2024 | By: @rprasanth_kumar | Last updated on: September 27, 2024
People can lose jobs or resign from them at any moment in France. So, this article explores the status of their French resident permits after job resignations and terminations.
The resident permit status depends on whether the person has lost a job involuntarily or resigned from it voluntarily. Some unfortunate situations are possible, for example people with Passeport Talent – salarié en mission resident permits. So, please refer to the relevant sections marked in red.
Did you know? The resident permit of your dependents are issued based on your own resident permit. Any changes in your resident permit will affect theirs too.
Summary
- Resident Permits concerned
- End of a CDD contract
- Resident Permit Renewal
- Job Termination: Licenciement or Rupture Conventionelle
- Resident Permit Renewal
- Onsite Employees
- Job Resignation (Demission)
- Resident Permit Renewal
- Onsite employees
Resident Permits concerned
The following resident permits will remain valid and can be renewed in the case of an involuntary job loss.
- Salarié
- Travailleur Temporaire
- Talent Salarié Qualifié
- Talent Salarié d’une jeune entreprise innovante
- Talent-chercheur
- Talent-chercheur-programme de mobilité
- Talent-carte bleue européenne (EU Blue Card)
Good to know: Passeport Talent Visa Is Renamed As “Talent”
If your resident permit is not mentioned above, feel free to ask your questions in the comments below.
End of a CDD contract
A CDD job contract ending as mentioned on the contract is considered an involuntary job loss in France. This gives you certain privileges including,
- If the resident permit has some validity remaining after the last day of the CDD, the resident permit will remain valid until its expiry date.
- If it is due for renewal and you are still eligible for chomage (ARE), the resident permit can be renewed with the same validity as mentioned on the attestation from France Travail.
- If your job contract and resident permit are ending on the same day, it can put you in a really difficult situation.
Resident Permit Renewal
The same resident permit can be renewed and its new validity date will be similar to the validity of the unemployment benefits from France Travail. The relevant documents required are,
- “Attestation de l’employeur destinée à France Travail” from the employer to France Travail (formerly Pole Emploi) confirming the end of the CDD contract.
- “Avis de situation individuelle” document provided by France Travail.
Job Termination: Licenciement or Rupture Conventionelle
Termination from a job via licenciement or rupture conventionelle is considered an involuntary job loss in France. This gives you certain privileges including,
- If the resident permit has some validity remaining after the termination, it will remain valid until its expiry date.
- If it is due for renewal and you are still eligible for chomage (ARE), the resident permit can be renewed with the same validity as mentioned on the attestation from France Travail.
Resident Permit Renewal
The same resident permit can be renewed and its new validity date will be similar to the validity of the unemployment benefits from France Travail. The relevant documents required are,
- “Attestation de l’employeur destinée à France Travail” from the employer to France Travail (formerly Pole Emploi) confirming the termination of the job contract.
- “Avis de situation individuelle” document provided by France Travail.
Onsite Employees
Unfortunately, this protection is not available to salaried employees with a “Passeport Talent – salarié en mission” resident permit and their dependents.
- This type of resident permit is attached to one employer and so it will become invalid when the job contract is terminated.
- It cannot be used to work with any another employer. So, the concerned person should leave France.
- If you would like to stay in France and look for a job, you will fall into an irregular immigration situation.
Job Resignation (Demission)
- Resigning from a job is known as demission in France and it is considered a voluntary job loss.
- In this case, there is no protection for your resident permits which are based on a job and they will lose their status automatically (in theory).
- In reality, prefectures do not actively follow demissions and take back resident permits. But it is possible.
- However, these resident permits cannot be renewed until you find a job or be eligible to apply for a different resident permit.
- If you resign from your current job based on a new job offer, your Talent (formerly Passeport Talent) resident permit can be maintained if the new job satisfies all the requirements of the same resident permit.
- If the new salary is less than the Talent requirements, your new employer must apply for a work permit and only then you can apply for a status change to the regular Salarié resident permit.
Onsite Employees
- People with a “Passeport Talent – salarié en mission” resident permit and their dependents must be extremely careful while switching jobs in France.
- Your resident permits are attached to your current employer, so they cannot be used to work with any other employer for even a day.
- If the new job offers a salary above the EU Blue card limits, you can apply for a status change from “CdS PT SeM” to “CdS PT CBE (EU Blue card)” online via ANEF website. But, the option might be disabled for some people. In such cases, an offline application directly with the local Prefecture is required. This requires contacting the local Prefecture and asking for a offline solution. It can add more complexity to the process.
- If the new job offers a salary below the EU Blue card limits, you must apply for a status change to the regular Salarié resident permit. In this case, the new employer must apply for your work permit and only then you can apply for a status change.
- In both the above cases, the new job cannot be started until a favorable decision is taken on your status change application.
- So, this creates a complication because a new employer may not wait for 2 to 6 months, the usual duration taken for the approval at the moment. It can take little longer too.
- In some cases, the previous employer might insist on returning to the home country for completing the notice period and other paperwork. In this case, new visa application must be submitted for returning to France.
Sources & References
- Attestation employeur destinée à France Travail (anciennement Pôle emploi) servicepublic.fr
- Conditions et modalités d’attribution de l’allocation d’assurance Articles L5422-1 à L5422-8
- Code de l’entrée et du séjour des étrangers et du droit d’asile Articles Annexe 1 à Annexe 10
- J’arrive en fin de CDD / de contrat de mission francetravail.fr
- Etranger bénéficiaire d’un titre de séjour portant la mention “talent” Articles L421-7 à L421-25
If a person on status – passport talent salarie
Resigns and takes a new job is it a risk ?
Hello Pawan,
Resignation is not a problem, if the person has another job offer which sastisfies all the requirements of CdS Talent Salarié Qualifié.
If the salary offered is less than Talent requirements, then he/she must change their RP status to a regular CdS Salarié.
FYI. https://prasanthragupathy.com/2024/03/passeport-talent-visa-is-renamed-as-talent/
Informative article, thanks.
Prasanth, for Carte Bleu Eu, in case of RESIGNATION, I am slightly confused with your statement, may be you can correct my understanding.
In CDI scenario, with Carte Bleu Eu status, if one resigns (with already an offer in hand), serves 90 days notice period. On 91st day if he joins new company (fulfilling all CBEu criterion), he must nit inform any employer change to prefecture.
So isn’t it protected scenario because without any change of title one can join new organisation in France?
Please correct if i misunderstood
Hello Abhinav, I have added a few example scenarios for resignation.
Thanks for the article, what happens in case of rupture conventionnelle on passport talent at renewal – specifically the type of résident card you get ? Is it going to be the same? I.e. passport talent ( assuming the chômage exceeds the minimum salary requirements for passport talent titre)
Hello, the existing resident permit will be renewed for the duration of the chomage from France Travail, irrespective of the chomage amount.
How does it work for passport talen salarie en mission in case of volunatry resignation and switching to another company
Hello Rahul, I have updated the article with more information
Consider the scenario: the resident permit expires 2 months after the end of CDD contract. The CDD contract is fulfilled. If the person doesn’t find a job within 2 months, what are his/her option? Can he renew his resident permit, without a job offer in hand during those 2 months (assuming he/she already used their APS job search after their studies)?
Details matter. Which resident permit that expires in 2 months?
I have already covered this scenario in the article. The person will be able to renew his/her resident permit based on the unemployment attestation from France Travail.
The complication is when the resident permit expires before the CDD end date or on the dame date.
“If it is due for renewal” in the blog introduces ambiguity.
Tp be more specific, the residence permit in question is Talent Passport recherche. It expires 2 months after the CDD. So is it OK to assume that one gets the “Attestation de l’employeur destinée à France Travail” from the employer with which one can renew their resident permit? And then will it be renewed for the duration of chomage eligibility? Even though one might not have another job offer at the time?
Hey Prasanth,
If a seasonal worker who holds a type visa gets fired during the trial period of the CDD contract even before applying for a residence permit, what are his/her rights? Can a person still apply for a residence permit, if yes what other documents would be necessary?
Sorry, who holds a VLS type visa**
Hello, The most common type of VLS visas are listed here https://prasanthragupathy.com/2023/10/should-i-validate-my-long-stay-visa-or-do-i-have-to-apply-for-a-residence-permit-directly/
Hi Prasanth
What would apply in the case of a CDD ending for a holder of a passeport talent : renommée nationale ou internationale?
Thank you
Hello Prashant
I was on Salary visa valid till August 2026. Due to some frozen situations I have voluntarily resigned my CDI contract and went back to India on January 2023. From their thill now I don’t hold any contract. I came back 4 months ago to France with Same RP. Now I got a good offer which meets EU Carte. What will be my employer has to do ? And in which status I will be ?
Hello, Your employer must apply for a new work permit. Until then, you cannot start the new job.
Everything is explained here https://prasanthragupathy.com/2023/09/french-work-permit-everything-to-know/
Thanks Prasanth. So Employer have to apply for Authorisation de Travail. Once I got can I work with current visa as I still have validity ? Or should I change back my visa again ?
The same resident permit can be used until its validity
I have a talent passport- salarié en mission visa and have worked in France on secondment for 3 years. My contract in France is ending in a month and I am obliged to return to my home country and continue to work there with the same company so I wish to resign and I look for jobs in France. Can I stay in France till I get a new job with this visa? I have an offer from a company I do not wish to join, but can I get an authorisation de travail and get my visa status changed and then not join this company, hoping that I get a better job by then?
Hello Amy,
Unfortunately, your resident permit is attached to your current employer. If you resign, the resident permit automatically becomes invalid. Its better to return to your home country, look for jobs in france and then come here on a valid visa.
Hi Prashanth,
I am on a Passport Talent-Employee on Mission. I am serving notice period currently. After my last working day within maximum how many days do I have to return back to my home country? Will I receive any communication from Prefecture in this regard?
Hello,
Unlike other resident permits, the PT SeM is attached to your employer. So, it is highly recommended to leave France on the last working day or the following days.
It is your responsibility to follow the rules. If you wait until the prefecture sends a OQTF letter, your future Schengen visas might get rejected.
Hello Prasanth
I read your article, my friend is in tricky situation.
She got her termination letter just before 3 days when she was about to complete the probation period and about to sign CDI contract. Probation period was 6 months for her. She is about to collect her Talent Passport – Salarie qualifie in couple of days.
Does this termination will impact her work permit. Or will it remain valid for the duration left and search for new jobs. Valid for 4 years for her.
Thank you
Hello Sushant,
I have clearly explained the same in the article. Terminations do not impact a resident permit already approved.
Hello Prasanth,
First, thank you for the article you shared. I have a question that I hope you will understand and help me with.
My visa type is Carte Bleue Européenne Exercice D’une Activité Salariée, and it will expire in February 2025, which means I have four months left. I asked my HR about renewing my visa, and she said she could do that but wants me to change my visa type to one with a lower salary. If I don’t agree, she will terminate my contract.
I don’t like the position she is offering, so I am inclined to choose the termination of my contract. The issue is, if I get terminated now, I only have four months left to find another job, which might not be enough time, especially since I have bought a house.
Is there any way I can extend my visa, at least until I sell my house? Can I claim unemployment benefits from France Travail during this period? If yes, what would be the procedure?
Hello Abhinay,
I have already explained in the article that people losing their jobs can renew their resident permits, based on unemployment benefits attestation from France Travail.
Hi Prashanth,
I’m currently on PT SeM. I found a new job and it is eligible for blue card only when I include the 13th month salary. Will be there any exception to get the blue card in this case??
If not, I should go for regular Salarie residence permit. If I go for it, what will happen to the existing dependant visa ( PT family ) ??
Thank you..
Hello,
12, 12.5, 13 or 14 months salary is not relevant as long as the total gross (brut) annual salary is more than the required amount.
Hi Prasanth, Thanks for your article – I need your help. I am currently working on a “Passport Talent: Salarie en mission, exercise d’une activite salariee” visa and my wife who came on dependent visa (Passport Talent (famille) surprise son Titulaire a travailler) also joined other company after some time. I am currently working with CDI contract. I was planning to leave my current job and search for other job. Can I do so and if not, steps I need to do to enable this for me and my wife who wants to continue with her job. Thanks in advance.
Hello Sachin,
Please the section “Resignation” part above, where I have explained about the PT SeM in detail.
Another option: If your spouse is eligible for CdS Passeport Talent independently, then it might be a better option to 1st apply for her status change and then you becoming her dependent.
Got it thanks Prasanth. Do you have covered steps needed to apply for visa status or article on this? It is difficult to connect with Nanterre prefecture
Hello Prasanth,
I have a salary visa – pluriannuel valid until 2028 and my present company which I work for over 2 years is asking for a Rupture conventionnelle. Does my visa still be valid even after the RP ? Please pour your insights!
Thanks,
Hello Ram,
The article has a detailed answer for Rupture conventionnelle. If something is missing or incomplete, I can add more information.
Hi Prashanth,
I received a permanent contract from another company and the salary is slightly less than the blue card eligible salary so they applied for work authorisation but the prefecture refused with the reason of I’m already holding a talent passport en mission RP. Immediately I took the appointment with the prefecture and they asked me to reapply through employer and this time they will give the work authorisation document and they confirmed that they give the receipt once I get the document. Now my new employer is telling that they are slowing down the process due to some constraints so they can’t go ahead. At the end should I leave it after going through all the interviews and paper work process?? Or is there anything I can ask them to offer? Thanks
Hello Raj,
Sorry to know about it. If the employer is not ready to reapply for the work permit, there isn’t much that you can do from your side.
You haven’t explained the context, your current resident permit, etc. If you have resigned from your current job & serving the notice period, then you can request for a cancellation of your resignation.
If required, you can request a compensation for the cancellation of the job offer. But it will be a long legal process.
FYI https://www.hellowork.com/fr-fr/medias/annulation-promesse-embauche-droits-recours.html
https://www.morganphilips.com/fr-fra/conseils-et-actus/que-faire-si-votre-proposition-demploi-est-annulee
Hi Prasanth,
Thank you for your valuable insights and blog. This has been very helpful in clarifying some points. I have an additional question; I had a rupture conventionelle in April this year as a Salarie CDI. I was able to renew my titre but they have only given me six months, however my benefits with France travail are through the next twelve months. Do you believe if I resubmit my dossier again they will give me another six months or has it reached it’s validity at the end of the first six month renewal?
Hello,
Yes, you can renew your resident permit for the remaining duration of your chomage.
Amazing, thank you Prasanth for being a great resource on these topics.
Hi Prashant,
I have a question regarding the conversion of visa status, I am currently on salarié visa valid until 2027 October and I have a new job offer that starts in February, but this new job will meet the requirements of EU blue card, in this case should my new employer request for attestation de travail else can I request for the EU blue card status directly on ANEF, asking for the relevant documents from my new employer?
Your feedback will help me
Hello,
Yes, you can submit a status change application from CdS Salarié to CdS PT CBE (blue card) online via ANEF. A work permit is not required for CdS PT.
For more details about CdS PT CBE (blue card), Please check Chapter 5 in https://prasanthragupathy.com/2023/09/work-resident-permits-after-graduating-in-france/
After submitting the application, https://prasanthragupathy.com/2023/06/what-are-the-online-attestations-of-french-resident-permits-anef/