This provision allows holders of seasonal employment contracts, agricultural or non agricultural, to stay in France provided they maintain their usual residence outside France.
Foreign nationals of third countries.
Categories not affected
Nationals of the European Union or of the other member States of the EEAEuropean Economic Area (Iceland, Liechtenstein, Norway).
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).
- The seasonal employment contract must be longer than 3 months to obtain a CSTTemporary residence permit for "seasonal workers" (for an employment contract of less than 3 months, a residence permit will not be issued).
Conditions for issue
Permit issued to the worker
Temporary residence permit for "seasonal workers" allowing entry into France for 3 years, for a maximum duration of 6 consecutive months out of 12 months. Dispenses with the CAIReception and integration contract. Renewable permit.
Permit issued to the family
Procedure to follow
- letter explaining the worker's recruitment and describing the functions that he or she will carry out,
- CERFA form no. 13654*02 and its appendixes,
- Kbis extract, for a moral person (unless it has already been sent within the past 12 months and has not been modified),
- Kbis 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,
- evidence of the worker's qualifications and experience,
- evidence of searches carried out to recruit an applicant already present on the labour market.
- questionnaire on housing for seasonal workers.
Potential additional documentsn/a
DIRECCTERegional directorate for companies, competition, consumption, work and employment for the department where the host company is established (submitted by the employer).
If the DIRECCTERegional directorate for companies, competition, consumption, work and employment accepts the application, it will send the file to the OFIIFrench Office of Immigration and Integration:
- to the competent DTRegional Office, which will send the file electronically to the Consulate of France for the issuance of a visa for "seasonal work",
- directly to the REForeign office under the agreements signed with Morocco and Tunisia. Before routing through the OFIIFrench Office of Immigration and Integration, Moroccan and Tunisian seasonal workers must sign a document, at the REForeign office, through which they agree to return to their country upon the expiration of their contract and go to the Office in Casablanca or Tunis to establish their return. The REForeign office will send the signed contract to the Consulate for issuance of the visa under "CESEDACode for the Entry and Residence of Foreigners and Asylum Seekers L.313-10 4°". Upon arrival in France, the seasonal worker may work as long as he or she is in possession of his or her visa and signed employment contract. Upon arrival in France, seasonal workers must go to the Prefecture to solicit the issuance of a CSTTemporary residence permit for "seasonal workers".
If a seasonal worker has signed several successive employment contracts, each new contract must be submitted by the new employer to the DIRECCTERegional directorate for companies, competition, consumption, work and employment which will verify that the total duration of the contracts does not exceed 6 months. The DIRECCTERegional directorate for companies, competition, consumption, work and employment will sign CERFACentre for the Registration and Revision of Administrative Forms form 13564*02.
After the seasonal work period in France, workers must register with the REForeign office of the OFIIFrench Office of Immigration and Integration in Morocco or Tunisia to attest to their return to their country of origin. Nationals of other Countries must present their passports to the control services upon leaving France. If a seasonal worker does not leave France at the end of the 6 months authorised in France, he or she may have his or her CSTTemporary residence permit for "seasonal workers" revoked.
The required medical examination will be scheduled by the OFIIFrench Office of Immigration and Integration, just once, prior to the issue of the residence permit, within 3 months after the arrival of the seasonal worker in France.For Moroccan and Tunisian nationals, the medical examination will take place at the REForeign office.
Issuance of the residence permit
Potential additional documentsn/a
In the second and third years of validity of the CSTTemporary residence permit, the seasonal worker will be released from having to go to the Consulate, the employment contract signed by the DIRECCTERegional directorate for companies, competition, consumption, work and employment having simply been submitted upon arrival by the employer.After the employment period in France, foreign nationals must have their passport stamped upon leaving the territory to attest to their return, or by the REForeign office of the OFIIFrench Office of Immigration and Integration (Morocco and Tunisia). If a seasonal worker does not leave France at the end of the 6 months authorised in France, he or she may have his or her CSTTemporary residence permit for "seasonal workers" revoked.
Issuance of the residence permit
Prefecture in the place of residence.
Taxes to pay
Taxes due by the employer
€ 50 per month of activity.
Taxes due by the foreign national for issuance
Taxes due by the foreign national for renewal
Taxes due by family member
- articles L.313-10 4° of CESEDA amended by law n°2007-1631 of the 20 november 2007 (JORF dated 21 November 2007) and R.313-1 and R.313-15 as amended by decree N° 2008-614 of the 27 June 2008
- articles R.5221-23 to R.5221-25 of the Labour Code
- circular DPM/DMI2/2007/323 dated 22 August 2007 on work permits
- circular NOR IMIG0800034C dated 29 July 2008 on methods of drawing up a temporary residence permit with the note “seasonal worker”
- circular NOR IMII0800023C dated 3 March 2008 introducing provisions regarding the exercise of work for a salary contained in law n°2007-1631 of 20 November 2007 on managing immigration, integration and asylum
- circular NOR IMIM1000118C dated 26 July 2010 on foreign seasonal workers in the agricultural sector for the 2010 campaign - for the campaign of 2011 the instructions in the 2010 circular continue
- circular IOCL1200311C dated 5 January 2012 on conditions of issuance and periods of receipts and residence permits
- statute N° 2011-1977 dated 28th December 2011 on finances for 2012
- statute N° 2012-1509 dated 29th December 2012 on finances for 2013
- decree N° 2009-2 of 2 January 2009 (JORF of 4 January 2009) on the sum of charges provided for under Articles L.311-13, L.311-14 and L.311-15 of CESEDA
- decree N° 2010-689 of 24 June 2010 (JORF of 25 June 2010) on the sum of charges provided for under Articles L.311-13, L.311-14 and L.311-15 of CESEDA
- decree N° 2011-163 of 9 February 2011 on the sum of charges provided for under Articles L.311-13, L.311-14, L.311-15, D.311-18-1 and D.311-18-2 of CESEDA
- decree N° 2011-1070 dated 7 September 2011 on the coming into effect of the provisions on charges on residence permits and travel tickets provided for under Article 77 of Statute N° 2010-1657 of 29 December 2010 on 2011 finances
- decree N° 2011-2062 of 29 December 2011 on charges provided for under Articles L.313-13, L.311-14 and et L311-15 of CESEDA
- decree N° 2012-1535 of 29 December 2012 on charges provided for under Articles L.313-13, L.311-14 of CESEDA
- circular NOR IOCV1102492C dated 11 March 2011 on charges linked to immigration and acquisition of citizenship
- circular NOR IOCV1112766C of the 27 September 2011 on the coming into effect of Article 77 of the Finance Law for 2011 instituting in particular a stamp duty of 19 € on residence cards
- circular NOR IOCV1114298C of the 16 December 2011 on cancellation of the special series of stamps particular to the OFII
- circular NOR IOCL1201043C of the 12 January 2012 on charges linked to immigration and acquisition of citizenship. Application of provisions of Article 62 of the Finance Law for 2012
- circular NOR INTV1243671C of the 31 December 2012 on charges linked to immigration and application of Article 42 of the Finance Law for 2013