This provision allows the recruitment of a foreign national for a period of less than 12 months, if the company cannot find an applicant with the qualifications for the available position on the labourmarket in France.
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).
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).
If the planned activity is among the so-called shortage occupations, for which there are recruiting difficulties, the employment situation is not applicable.
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).
- No family reunification.
Permit issued to the worker
VLS-TSLong Stay Visa equivalent to a Residence Permit for "temporary workers" for the first year (see the sheet on the VLS-TS). The duration of the VLS-TSLong Stay Visa equivalent to a Residence Permit is limited to the duration of the employment contract. Dispenses with the CAIReception and integration contract. Temporary Residence Permit for "temporary workers" 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-TS). This visa does not give authorisation to work. Dispenses with the CAIReception and integration contract. Temporary Residence Permit for "visitors" upon renewal.
Procedure to follow
- letter explaining the worker's recruitment and describing the functions that he or she will carry out
- CERFA 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.
- 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.
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 "temporary workers" (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 and signed employment contract.
The first employer is exempt from the requirement for prior verification of the residence permit at the prefecture when it has requested a work permit initiating the migration to France of the foreign employee.
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.
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 documentsn/a
Prefecture for the place of residence, 2 months before the expiration of the VLS-TSLong Stay Visa equivalent to a Residence Permit.
Issuance of the residence permit
The Prefecture will issue the interested party a temporary residence permit for "temporary workers" upon renewal.
Taxes to pay
Taxes due by the employer
For a temporary employment contract of a duration of longer than 3 months and less than 12 months:€74 for salaries less than or equal to the SMICMinimum growth wage,€210 for salaries less than or equal to 1.5 times the SMICMinimum growth wage,€300 for salaries greater than 1.5 times the SMICMinimum growth wage,
Taxes due by the foreign national for issuance
Taxes due by the foreign national for renewal
Taxes due by family member
- article L.313-10 1° of the Code governing entry and residence of foreigners and the right of asylum (CESEDA) modified by the law n°2007-1631 of the 20 november 2007 (JORF of the 21 november 2007) and R.313-1 and R.313-15 modified by the decree N° 2008-614 dated 27 June 2008 introducing various measures on the management of immigration and integration
- decree N° 2009-477 of the 27 April 2009 relative to certain categories of visa for residence in France amounting to a period of more than three months (JORF dated 29 April 2009)
- order NOR IMID0800328A dated 18 January 2008 on issuance notwithstanding the employment situation of work permits to foreigners who are not citizens of a Member State of the European Union, of any other State party to the European Economic Area or the Swiss Confederation
- order 19 May 2009 relative to formalities to be carried out at the Office Français de l'Immigration et de l'Intégration (OFII) by certain holders of visas for residence in France amounting to a period of more than three months (Official Journal of the French Republic) dated 26 May 2009)
- circular DPM/DMI2/2007/323 dated 22 August 2007 on work permits
- order NOR IMIN0762998A dated 10 October 2007 laying down the list of documents to be provided in support of an application for a work permit (JORF of 9 November 2007)
- 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 IOCL1101731C dated February 1st 2011 relating to appeal to the intermediary for applications for authorisation to work and applications for residence permits for certain categories of foreigners
- circular dated 5 January 2012 on conditions of issuance and periods of receipts and residence permits
- circular INTK1233053C of 26 August 2012 on anticipating and supporting evacuation operations on illicit camping grounds
- order dated 1 october 2012 amending the appented of the decree of january 18th 2008 on issuance notwithstanding the employment situation of work permits to foreigners who are not citizens of a Member State of the European Union,
- 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