In France, it is the employer’s responsibility to apply for a work permit when hiring foreigners. Criteria must be met in four different areas in order to obtain a permit:
- The Job
- The employer/ Company
- Regulation
- The salary
1.The Job
To apply for work authorization, the proposed job must complete one of the following conditions:
- Figure on the list of “metiers en tension”. The state, each year, publishes a list of jobs in short supply.
- Have been published during 3 weeks to the bodies contributing to the public employment service. For example, France Travail AND no valid applications was received.
This is the general case, of course we are in France, so here are some non exhaustive but frequent exceptions:
If you have an “étudiant” or “étudiant-carte de mobilité” residency card.
- You can work up to 964 hours per year. Your residency card is your work permit. Beyond that specific number of hours, work authorization is required.
If you have a “recherche d’emploi / Création d’entreprise” residency card
- If the job is in relationship with the training or job searches of the foreigner AND the remuneration is at least €2,702.70. Then :
- The employer does not have to publish an offer of employment with organizations participating in the public employment service. For example, France Travail (formerly Pôle emploi).
- This job does not have to be on the list of “metiers en tension”
As a student, you completed a degree equivalent to the Master’s degree
- If you completed a degree equivalent to the master’s degree AND the job is in relationship with the training AND the remuneration is at least €2,702.70, then:
- The employer does not have to publish an offer of employment with organizations participating in the public employment service. For example, France Travail (formerly Pôle emploi).
- This job does not have to be on the list of “metiers en tension”
- Nota : The diploma must have been obtained within the year.
2. The Employer.
The Employer must be up to date with any social declarations. ( aka red tape).
Be without convictions or administrative sanctions for – illegal labor -breach of general health and safety rules
Did not facilitate the irregular entry or stay of foreigners
Have no charges of attacks on human beings
Should not be convicted of forgery or use of forgery.
3. Job Regulation.
If your job is regulated you should abide by the statutory conditions to practice your trade in France.
4. Salary
Remuneration may not be less then the Smic (Minimum cross-industry growth wage) OR it should be no less than the minimum wage of the collective agreement applicable to the company, if such remuneration is higher than the Smic).
