Employees
Last updated
December 8th 2014

This provision allows the recruitment of a foreign national for a period of 12 months or longer, if the company cannot find an applicant with the qualifications for the available position on the labourmarket in France.

Beneficiaries

Foreign nationals of third countries.
Algerian nationals governed by the Franco-Algerian agreement dated December 27, 1968.

Categories not affected

Nationals of the European Union or of the other member States of the EEAEuropean Economic Area (Iceland, Liechtenstein, Norway).
Nationals of the Swiss Confederation.

 

Conditions for issue

The employment situation is applicable. The company must provide evidence of its failed search for an applicant on the labour market in France (attestation from the Employment Hub for example).

Exception(s)

If the planned activity is among the so-called shortage occupations, for which there are recruiting difficulties, the employment situation is not applicable.

A government list of 30 occupations was established for nationals of third countries.

Additionally, there is a separate list of occupations for each agreement on the co-operative management of immigration flows: Benin, Burkina Faso, Cape Verde, Congo, Gabon, Mauritius, Senegal et Tunisia.

Conditions for issue

  • Families may solicit, without guarantee of acceptance, the issuance of a VLS-TSLong Stay Visa equivalent to a Residence Permit for "visitors" from the Consulate of their place of residence (see the sheet on the VLS-TS).
  • Workers may submit an application for family members (spouse and minor children) under the family reunification procedure as soon as they can document 18 months of presence in France (to find out more, see the OFII web-site).

Permit issued to the worker

  • VLS-TSLong Stay Visa equivalent to a Residence Permit for "visitors" for the first year (see the sheet on the VLS-TSLong Stay Visa equivalent to a Residence Permit). Signature of a CAIReception and integration contract (to find out more, see the OFII web-site).
  • Temporary residence permit for "employees" for contracts of 12 months or longer upon renewal.

 

Permit issued to the family

Depending upon the case:

  • VLS-TSLong Stay Visa equivalent to a Residence Permit for "visitors" for the first year (see the sheet on the VLS-TSLong Stay Visa equivalent to a Residence Permit). This visa does not give authorisation to work. Dispenses with the CAIReception and integration contract. Temporary Residence Permit for "visitors" upon renewal.
  • as part of the family reunification procedure: temporary residence permit for "families and partners" (to find out more, see the OFII web-site). Signature of a CAIReception and integration contract (to find out more, see the OFII web-site),

Procedure to follow

  • First issue

    Application elements

    • letter explaining the worker's recruitment and describing the functions that he or she will carry out,
    • CERFA form no. 13653*03 and its appendix on the type of paid employment,
    • Kbis extract, for a moral person (unless it has already been sent within the past 12 months and has not been modified),
    • K extract, artisan permit or tax notice for a physical person (unless it has already been sent within the past 12 months and has not been modified),
    • instruments regulating legal persons, if any,
    • copy of the latest social security contribution statement (unless it has already been sent within the previous 12 months),
    • where applicable, a copy of the latest statement of contributions to the paid annual leave fund (unless it has already been sent within the previous 12 months),
    • a copy of the worker's passport or national identification document if he or she resides abroad,
    • worker's curriculum vitae or any other document supporting his or her qualifications and experience (degrees, certificates...); if exercise of the activity is subject to special regulatory conditions, documents proving that these conditions have been met,
    • where applicable, appointment document,
    • if the employment situation is applicable, evidence of searches carried out to recruit an applicant already present on the labour market,

    Potential additional documents

    If needed by the administration:

    • copy of the draft employment contract
    • copies of the last 2 pages of the official employee register or copies of the last 3 declarations of staff movements for establishments with more than 50 employees.

    If the employer has already solicited a work permit, it may be requested:

    • the last 3 pay slips for foreign employees having worked in France,
    • supporting documentation for the latest social security contribution statement.

    Application submission

    • DIRECCTERegional directorate for companies, competition, consumption, work and employment for the place where the company has its headquarters to introduce a worker residing abroad.
    • Prefecture: if the foreign national resides in France and does not have a work permit, he or she must apply for a status change with the Prefecture for his or her place of residence.
    • Prefecture: if the foreign national resides in France and holds an appropriate work permit, the employer must send the prefect a copy of the worker's residence permit at least 2 working days before the hiring date - no response within 2 working days will be considered as an acceptance.

    Application evaluation

    The geographically competent DIRECCTERegional directorate for companies, competition, consumption, work and employment will evaluate the application. If it is accepted, the application will be sent to the OFIIFrench Office of Immigration and Integration (DTRegional Office or REForeign office) which will electronically transfer it to the Consulate of France for issuance of the VLS-TSLong Stay Visa equivalent to a Residence Permit for "employees" (see the sheet on the VLS-TS).
    Upon arrival in France, employees may work as long as they are in possession of their VLS-TSLong Stay Visa equivalent to a Residence Permit equivalent to a Residence Permit and signed employment contract.The first employer is released from the formality of advance verification of the residence permit with the prefecture if he requested the work permit that initiated the foreign worker's arrival in France.

     

    Medical examination

    The required medical examination, if it did not already take place in the country of origin (Cameroon, Mali, Morocco, Senegal, Tunisia and Turkey), will be organised by the OFIIFrench Office of Immigration and Integration, by appointment, within 3 months following the arrival of the worker in France. The DTRegional Office of the OFIIFrench Office of Immigration and Integration will then attest, in the interested party's passport, to the accomplishment of the formalities required for the long stay visa to allow the stay in France (see the sheet on the VLS-TS).

    Issuance of the residence permit

    Consulate for a VLS-TSLong Stay Visa equivalent to a Residence Permit.

    Prefecture in the place of residence for renewal.
  • Renewal

    Application elements

    When the position occupied is the same as that which justified the issuance of the initial work permit:

    • certificate of presence in the position provided by the employer,
    • The last three pay slips (if these documents do not prove respect for the initially established compensation terms, the government may request the production of additional slips),
    • the most recent statement of social security contributions, and where applicable, contributions to the paid annual leave fund,
    • for cases set out in bilateral social security agreements, the certificate of secondment.
    • When the foreign national no longer holds the position that justified the previous work permit.

    If the worker is laid off:

    • the letter of termination of the employment contract,
    • employer's attestation to the Employment Hub
    • employment certificate,
    • where applicable, an attestation from the body paying unemployment benefits establishing the period of coverage remaining and the total compensation.

    If the worker has found an occupation or has changed employers:

    • The last three pay slips (if these documents do not prove respect for the initially established compensation terms, the government may request the production of additional slips).

     

    Potential additional documents

    n/a

    Application submission

    Prefecture for the place of residence, 2 months before the expiration of the VLS-TSLong Stay Visa equivalent to a Residence Permit.

    Application evaluation

    Prefecture.

    Issuance of the residence permit

    The Prefecture will issue the interested party a temporary residence permit for "employees" upon renewal.

Taxes to pay

  • Taxes due by the employer

    For an employment contract of a duration of 12 months or longer:
    55% of the gross monthly salary up to 2.5 times the SMICMinimum growth wage.

  • Taxes due by the foreign national for issuance

    €241

    For employees: This stamp may be bought in electronic format on the website www.timbresofii.fr.

  • Taxes due by the foreign national for renewal

    €87

  • Taxes due by family member

    €241

Reference documents

 

 

The Official Journal (JORF), CESEDA may be consulted at the www.legifrance.gouv.fr web-site