Several French residence categories depend on a prior work authorisation. This is particularly relevant for employee, temporary-worker and seasonal-worker status and, in certain situations, for students working beyond the annual limit attached to student residence status.
Who normally needs a work authorisation?
Whether a separate authorisation is required depends on the residence document. Some statuses themselves confer the right to work, while others remain linked to a specific authorised employment.
Common categories requiring a separate authorisation include:
- employee residence permits;
- temporary-worker residence permits;
- seasonal-worker status;
- student status where work exceeds the ordinary annual limit.
Resident cards, private-and-family-life permits, many Talent categories and student status within the ordinary 964-hour limit generally operate differently.
Who submits the application?
Where a standard work-authorisation application is required, it is normally submitted by the employer through the official online service.
A separate regularisation mechanism exists under Article L. 435-4 for certain unlawfully resident workers employed in shortage occupations. That procedure should not be confused with an ordinary employer-led work-authorisation application.
What documents are usually required?
The exact list varies by case, but commonly includes:
- the proposed employment contract;
- a reasoned explanation of the recruitment;
- documents identifying the employer and its legal status;
- evidence of compliance with social and employment obligations;
- the employee's passport or residence document;
- the employee's CV, qualifications and professional experience;
- where the occupation is regulated, proof that professional requirements are satisfied;
- where the labour-market test applies, evidence that the vacancy was advertised and no suitable candidate already on the labour market was recruited.
The labour-market test
Where the occupation is not exempt and does not appear on the relevant shortage-occupation list, the employer may have to advertise the vacancy through France Travail for the statutory period before applying.
Shortage occupations and certain immigration categories benefit from different rules, so the current legal regime should be checked rather than relying on a generic recruitment checklist.
Where is the application filed?
Work-authorisation applications are filed through the official digital service used by the French immigration administration.
What happens after the application?
If the authorisation is granted, it may then be used as part of the employee's visa or residence-permit process.
If the application is refused, or if administrative silence creates an implied refusal after the applicable period, the decision may be challenged before the administrative court within the relevant deadline.
Key points
- The employer normally files the application.
- The job, salary, employer and employee must satisfy the statutory conditions.
- The labour-market test does not apply in every case.
- The work authorisation is not itself a residence permit; it usually forms part of a wider immigration process.
Fazolo Avocats assists employers and employees with French work-authorisation applications and related immigration procedures.
