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. I came to France as a tourist, without a visa, but I decided to stay longer than three months. My passport hasn't been stamped. What do I have to do to get work papers?
. Who is supposed to get a work permit for me?
. Is it easy to get a work permit?
. I am a national of a non-EU country and I work for a company in United Kingdom (a member of the EU) that has asked me to work for one of their branches in France. What formalities need to be followed?
. What are the advantages of secondment?
. I am currently working in Germany and want to settle in France. My German work permit is still valid for another two years. Can I use it to go to France, since both countries are members of the EU?
. Can I come work in France before I get a permit from the French authorities?
. My work permit application was accepted, but I still don't have my residence permit. Can I still start to work?
. Can I come to France to create or takeover a business, and have a "non-salaried employee" status? What formalities need to be followed?
. Once I've received a residence permit, can I change jobs?
. We urgently need a senior manager to join our company in France and we heard the formalities could take up to three months. That is way too long for us. What can we do?
. My husband was transferred to France. At home, I have always worked. Can I keep working in France?
STUDENTS
. As a student in France, can I work?
. I am just finishing my studies and I want to stay in France an look for work. Is it possible? Is it easy to change my student status to become an employee?
. I am a student and I work 20 hours a week in my school. Can I "change status" to work full time for the same employer? I heard that if my first application is refused, I could loose my student status. Is that true?
Q: I came to France as a tourist, without a visa, but I decided to stay longer than three months. My passport hasn't been stamped. What do I have to do to get work papers?
A: Legally, there is no procedure for you to get any kind of residence permit or work permit if you have not entered France on a long-stay visa. Today, even getting married, which is a fundamental right in France, does not give you the right to stay in France. You have to return to your country of residence and apply for a visa.
You have to get a visa because you are going to get married, or to study, or because you have found work in France, but you must follow the legal formalities. Be prepared to meet major obstacles for legalizing your situation. And remember that this is true in all countries, and not just because the French Administration is difficult.
Q: Who is supposed to get a work permit for me?
A: Your employer must apply to the French authorities for it on your behalf.
Q: Is it easy to get a work permit?
A: If you are upper management, it will certainly be easy to find work in France and the French administration will issue a work permit relatively easily. For that, your employer has to explain why he needs to hire a foreign national and must provide you with an rather high salary. Outside of this situation, it is rather difficult.
International organizations present on French soil are exempt from French legislation. Even people without work permits can work for them, if they are citizens of a country that is a member of the international organization.
Q: I am a national of a non-EU country and I work for a company in United Kingdom (a member of the EU) that has asked me to work for one of their branches in France. What formalities need to be followed?
A: There are two ways to proceed. Either by secondment, or as an employee. If you are seconded, you will continue to be paid by the United Kingdom. As an employee, you will be hired under a French work contract and will be paid by the French branch.
As a seconded worker for a British firm, you will maintain a subordinate relationship with that firm, it will be that firm that pays you, and you will continue to be covered by the British social security system. You will need an E101 form. You will not need a work permit, according to decree no. 2007-801 of 11 May 2007. However, if you remain in France longer than three months, you will need to get a temporary residence permit. And in any case, the French host firm will have to declare you to the labour inspection offices.
As an employee, you will have to get a work permit from the French authorities before you come to France.
Q: What are the advantages of secondment?
A: People sent to France by firms based outside of France can get "secondment" status. To do so, the worker must remain on the foreign firm's list of employees and must continue to be covered by the home country's social security system, based on the international agreements that bind that country to France. There is no subordinate relationship with the French host firm, and one cannot occupy a management position. He or she must maintain a subordinate relationship with his or her firm of origin. The French host firm "only" benefits from one's know-how and services.
A seconded worker cannot, generally speaking, remain in France for more than 18 months. There are exceptions, based on bilateral agreements that France has signed with partner countries. For example, within the European Union, the maximum duration is five years.
Seconded workers must get a work permit and a "temporary worker" residence permit. This residence permit is renewable as long as the service provision continues.
Q: I am currently working in Germany and want to settle in France. My German work permit is still valid for another two years. Can I use it to go to France, since both countries are members of the EU?
A: No. Your work permit is not valid in any other EU country. You cannot can only come to France with your German work permit if your German employer sends you to France, for a set period of time, to contribute to the know-how of its customers or partners in France.
If you have been offered a position in France, the French firm that wants to hire you must get a work permit for you. If this application is accepted, you will have to get a long-stay visa from the French consulate nearest your home in Germany before you come to France.
Q: Can I come work in France before I get a permit from the French authorities?
A: While your application is being processed, you must not come to France to work. to do so is considered a criminal offence. If you are caught by the French authorities, your application will be refused and you will not be able to get a residence permit or a long-stay visa for a very long time into the future.
Q: My work permit application was accepted, but I still don't have my residence permit. Can I still start to work?
A: Yes. As long as you have filed your application for your residence permit with the government administrative offices and that you have received your official receipt, you can begin to work, because the law states that the receipt "is equivalent to a work permit".
Q: Can I come to France to create or takeover a business, and have a "non-salaried employee" status? What formalities need to be followed?
A: Yes, you can come to France to create or take over a business. To do so, you will need to present your application to the French authorities, proving that the economic activity will be profitable. If you live outside of France, you file the application with the consulate. If you live in France already (as for students at the end of their studies), you file your application with the government administrative offices. If your application is accepted, you can come to France and the government administrative offices will grant you a residence permit that allows you to undertake the business activity you applied for. This residence permit replaces the former "Foreign Business and Commercial Permit." If you are the national of an OECD country (Australia, Canada, South Korea, United States, Hungary, Japan, Mexico, New Zealand, Poland, Czech Republic, Slovakia, Turkey), the procedure has been simplified.
Q: Once I've received a residence permit, can I change jobs?
A: Yes and no. That depends on the type of residence permit you have received. Think twice before deciding to change jobs. If you have an "employee" residence permit, you have the right to do any kind of work in France: you can look for another job.
Otherwise, there are limitations and you have to "change employers", a rather long formality. In addition, a residence permit is only valid for one year. Make sure that you have work when you apply for renewal of your residence permit. If you decide to change jobs, it is recommended that you stay in the same area and that you make sure that you have the qualifications required for the new position.
Q: We urgently need a senior manager to join our company in France and we heard the formalities could take up to three months. That is way too long for us. What can we do?
A: There is a simplified procedure for foreign senior managers, who large international corporations want to transfer to their French branches. The goal of this new formality is to make France more attractive to foreign investors. To use this procedure, senior managers must receive a salary at least equal to 5,000 euros a month, and must have at least six months seniority. This procedure includes a single contact in the French administration, the ANAEM (National Agency for the Reception of Foreigners and Migration). It makes it possible for senior management to get visas in three weeks and for their spouses to work in France.
Q: My husband was transferred to France. At home, I have always worked. Can I keep working in France?
A: Yes and no. That depends on how you came to France with your husband, and on your own qualifications. If your husband used the simplified senior management procedure (see above), or if he came as an "employee on assignment" or as a "scientist", you can work. However, you will first receive a "visitor" residence permit that does not allow you to work. But, you can "change status" to get an "employee" or "temporary worker" status, if you find a job that pays at least 2,000 euros gross per month. The employment situation in France cannot be used as grounds for refusal.
STUDENTS
Q: As a student in France, can I work?
A: Foreign students are authorized to work 60% of a full-time position, without getting a work permit. They must respect a limit of 964 hours a year. They can work full time during holidays (as long as they do not exceed 964 hours a years). The employer must send a prior declaration to the government administrative offices with a copy of the "student" residence permit, two days prior to officially hiring the student.
Q: I am just finishing my studies and I want to stay in France an look for work. Is it possible? Is it easy to change my student status to become an employee?
A: Until 2007, the procedure was long and complicated. It has now been simplified for students who get a degree equivalent to a Masters (5 years of higher education) in France. You can apply to the government administrative offices for a "temporary residence authorization (APS)", which gives you the right to reside in France for six more months after the end of your studies, and to work up to the limit of 60% of a full-time position. If, during this period, you find full-time work, you can change your status to "employee" without having to return to your country.
Q: I am a student and I work 20 hours a week in my school. Can I "change status" to work full time for the same employer? I heard that if my first application is refused, I could loose my student status. Is that true?
A: Yes. If you have a French degree equivalent to a Masters (5 years of higher education), you can easily change your status. But in other cases, a "change of status" can be difficult to get and if your application is refused, you lose your student status, except if you continue your studies. That is why you need to make sure you have a serious work proposal. You employer must also prove that he cannot find someone already in France who can do the job.
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