Hiring a foreign national involves more than signing an employment contract. Before the employee’s first day of work, an employer must verify that the candidate holds a document authorising them to carry out salaried employment in France, make a declaration to the prefecture for certain types of status, and retain the relevant evidence. A failure at this stage can expose the company to a substantial administrative fine and the employee to removal proceedings. This article sets out, step by step, the checklist every recruiter should follow when hiring a foreign employee in France.
First identify the candidate’s nationality and the applicable legal regime
The very first check concerns not a document, but the candidate’s nationality. Access to the French labour market differs fundamentally depending on whether the individual is covered by EU free movement rules or is a third-country national.
Nationals of the European Union, the EEA and Switzerland
Citizens of EU Member States, the three other countries in the European Economic Area (Iceland, Liechtenstein and Norway), and Switzerland benefit from the free movement of workers. They do not need either a residence permit or a work permit in order to be employed. For these candidates, the employer follows the same formalities as for a French employee: a valid identity document is sufficient to establish nationality, and the standard pre-employment declaration completes the process.
Third-country nationals
For anyone who is a national of a country outside the free-movement area, the principle is the opposite: access to salaried employment requires a residence status that expressly authorises professional activity. Article L. 8251-1 of the French Labour Code prohibits anyone from hiring, retaining in employment or employing a foreign national who does not hold the document authorising them to carry out salaried employment in France. This is the legal foundation for all the checks that follow.
Check the residence permit and work authorisation
Holding a residence permit does not automatically mean that a person is entitled to work. Some statuses themselves constitute work authorisation, while others do not. This distinction determines whether the proposed employment is lawful.
Residence statuses that themselves authorise work
Several types of residence status provide direct access to the labour market. This notably includes the ten-year resident card, which authorises the holder to carry out any professional activity, as well as certain other residence permits such as those marked “private and family life”. In these situations, the employer does not need to obtain a separate work authorisation, but remains responsible for checking that the document is authentic and valid.
Situations requiring separate work authorisation
Other situations require prior work authorisation from the administration, processed by the services responsible for foreign labour. Hiring a person holding a long-stay visa equivalent to an employee residence permit, or a recently issued status for a first job, requires the relevant work authorisation to have been granted before employment begins.
In practice, it is the employer, not the candidate, who is responsible for making the work-authorisation application. The application is filed online through the administration’s dedicated platform and examined by the competent inter-regional service under the ministry responsible for employment.
The application sets out the proposed role, salary, duration and working conditions, as well as information about the employer.
The administration examines several cumulative requirements: whether the candidate’s qualifications are appropriate for the role, whether the employer complies with employment law and social-security obligations, whether pay is at least equal to the applicable statutory or collectively agreed minimum, and, for certain jobs, the state of the labour market for the relevant occupation and geographical area. This labour-market test does not apply to occupations included on the official shortage-occupation list.
Where the labour-market test applies — in other words, where the occupation is not on the shortage-occupation list — the employer must show that it was unable to recruit a suitable candidate already present on the labour market. In practice, this requires the employer to place a vacancy with France Travail (formerly Pôle emploi). The role is generally advertised for at least three weeks before the work-authorisation application is filed, so that the employer can demonstrate that no suitable candidate was available. The vacancy notice and the record of applications received form part of the evidence expected by the administration. This requirement does not apply where the occupation appears on the shortage-occupation list, because the labour-market situation cannot then be relied upon against the candidate.
Processing usually takes several weeks, so it is prudent to start the application well before the intended employment date. The employee cannot lawfully start work before the authorisation has been granted. Once granted, the authorisation enables the candidate to apply for the corresponding visa or residence status where necessary.
The employer’s obligation to verify the document with the prefecture
One of the most frequently overlooked requirements is the employer’s active duty to verify the candidate’s right to work. The Labour Code requires the employer to confirm with the administration, before employment actually begins, that a non-EEA candidate holds a document authorising employment.
In practical terms, the employer sends a request to the prefecture responsible for the place of employment asking it to verify the authenticity of the document, generally at least two working days before the employment is due to begin. The administration checks the information against its records. The absence of a response does not automatically absolve the employer of responsibility, but evidence that the check was properly requested may be relied upon to demonstrate the employer’s diligence and good faith.
This verification protects the business against two distinct risks. First, the risk of a forged document: a sophisticated forgery may mislead a non-specialist recruiter but be identified by the prefecture. Second, the risk of an expired or withdrawn document: an employee may have presented a valid document when hired but its validity may subsequently have changed. Keeping evidence of the verification request is therefore essential.
Employment formalities to complete
Once nationality has been identified, the residence status checked and, where required, work authorisation obtained, the employer completes the ordinary employment formalities, together with the additional requirements that apply to foreign employees.
The pre-employment declaration
The déclaration préalable à l’embauche (DPAE), submitted to URSSAF, is required for every employee regardless of nationality. It may be filed no earlier than eight days before the employee starts work and must be completed no later than the day employment begins, before work actually starts. The DPAE does not replace the prefectural verification of immigration status: these are two separate procedures, one relating to social-security and employment administration and the other to the individual’s right to work and reside in France.
Documents to collect and retain
A robust employment file, particularly in the event of an inspection by the labour inspectorate or URSSAF, depends on carefully retaining the relevant evidence. For each third-country national employee, an employer should keep:
- a copy of the valid residence document showing the right to work
- evidence of the verification request sent to the prefecture and, where available, the prefecture’s reply
- for a student, a copy of any required prior nominative declaration
- the acknowledgement of receipt for the DPAE
- the employment contract and, where applicable, the work authorisation issued by the administration
These documents should be kept throughout the employment relationship and, in practice, for several years after the employee leaves, so that the employer remains protected during the relevant limitation periods for inspections and enforcement action.
Monitoring the validity of the status during employment
The employer’s obligations do not end once the individual is hired. An employee’s residence document may expire while the employment contract remains in force. Continuing to employ someone after their authorisation has expired, without a valid renewal, can put the employer in the same legal position as if no right-to-work check had ever been carried out.
A prudent organisation therefore monitors expiry dates and creates alerts several months in advance, so that the employee can be asked to begin renewal procedures in good time. This is both a human-resources management issue and a means of preventing regulatory risk. If a dispute later arises, such monitoring may also help demonstrate that the employer acted responsibly.
Penalties the employer may face
Failure to comply with these obligations can expose a company to several layers of enforcement: criminal penalties, administrative sanctions and consequences for the employee.
Employing a foreign national without authorisation and undeclared work
Employing a foreign national who is not authorised to work, contrary to Article L. 8251-1 of the Labour Code, is a criminal offence. It may also be combined with the offence of undeclared work where the employer has failed to complete the required employment declarations. Penalties may apply to both individuals and companies and can include additional sanctions such as exclusion from public procurement procedures or temporary closure of the establishment.
From the special contribution to an administrative fine: the 2024 reform
In addition to criminal enforcement, an employer who employed a foreign worker without authorisation was traditionally liable for a special contribution under Article L. 8253-1 of the Labour Code and its implementing provision, Article R. 8253-2, recovered for the benefit of the State.
Law No. 2024-42 of 26 January 2024 amended Article L. 8253-1, replacing that special contribution with an administrative fine imposed on the person responsible for the infringement. The change is not merely terminological. The amount of the fine may now be adjusted up to a maximum corresponding to the former contribution, taking account of several factors:
- the financial resources of the person responsible for the infringement
- the degree of intent
- the seriousness of the negligence
- the cost of removing the unlawfully resident foreign national from France
Rights of a foreign employee who has been employed without authorisation
The hiring checklist protects the employer, but French law also protects the employee. A person employed without work authorisation does not lose employment rights simply because their immigration situation is irregular. Article L. 8252-1 of the Labour Code expressly provides:
A foreign employee employed in breach of the first paragraph of Article L. 8251-1 is treated, from the date of hiring, as an employee who has been lawfully employed.
This treatment gives the employee the right to receive salary and associated payments for work actually performed, together with specific compensation if the employment relationship ends. An employer cannot rely on an irregular situation which it allowed to continue in order to avoid its obligations to pay the employee. This rule is intended to discourage employers from exploiting vulnerable workers by denying them basic employment protection.
The position nevertheless remains precarious for the employee from an immigration perspective. A check revealing that the person does not hold status authorising work may lead to an Obligation to Leave French Territory (OQTF), potentially accompanied by a ban on returning to France. The lawfulness of employment and the lawfulness of residence are related but distinct questions, each of which requires its own analysis. An employee in this position should obtain advice quickly because the time limits for challenging an OQTF can be extremely short.
Conclusion
The checklist for hiring a foreign employee in France is not simply a box to tick when the employment contract is signed. It is a chain of compliance steps beginning with nationality, continuing with verification of residence status and work authorisation, the prefectural verification and DPAE, and extending to ongoing monitoring of the employee’s status throughout the employment relationship. The reform of 26 January 2024 and the Decree of 9 July 2024 strengthened the framework by replacing the special contribution with an adjustable administrative fine. The ability to adjust the fine may provide arguments in mitigation for a diligent employer, but it also allows intentional or serious negligence to be sanctioned more heavily.
The practical message is straightforward: before any third-country national starts work, have their document verified through the appropriate prefectural procedure and retain evidence that this was done. If there is any doubt about the validity of a document, the legal regime applying to a particular status or a penalty that has already been imposed, a review by a French immigration lawyer can help identify and manage the risk before it develops into litigation.
Frequently asked questions
Does an employer need to verify the residence status of an EU national? No. Nationals of the European Union, the European Economic Area and Switzerland benefit from free movement of workers and need neither a residence permit nor a work permit. A valid identity document is sufficient to establish nationality. The employer only needs to complete the ordinary formalities applicable to any employee, including the DPAE.
How far in advance should the employer request verification from the prefecture? For a candidate who is not an EEA national, the request to verify the authenticity of the document should generally be sent to the prefecture responsible for the place of employment at least two working days before the employment is due to begin. The absence of a reply does not automatically remove liability, but proof that the request was made demonstrates the employer’s diligence in the event of an inspection.
Who must apply for the work authorisation, and how? It is the employer, not the candidate, who must make the work-authorisation application. The application is filed online through the administration’s dedicated platform and examined by the foreign-labour services. The administration checks, among other matters, whether the candidate’s qualifications match the role, whether the employer complies with its social obligations, whether the proposed salary is sufficient and, for certain jobs, the state of the relevant labour market. Where the occupation is not on the shortage-occupation list, the employer must also show, by first advertising the vacancy through France Travail, that it could not recruit a suitable candidate already present on the labour market. Processing usually takes several weeks and the employee must not start work before the authorisation has been granted.
Must an employer advertise the vacancy through France Travail before hiring a foreign employee? It depends on the occupation. Where the labour-market test applies — that is, where the job does not appear on the shortage-occupation list — the employer must show that no suitable candidate already present on the labour market could fill the role. In practice, the vacancy is generally advertised through France Travail for at least three weeks and the employer then includes the record of applications received with the work-authorisation request. This formality is not required for shortage occupations.
Does the DPAE replace verification of the residence permit? No. They are separate requirements. The DPAE is a social-security and employment declaration filed with URSSAF and required for every employee. Verification of immigration status is a separate obligation applying when employing a third-country national and is carried out with the prefecture. Completing one never removes the obligation to complete the other.
What penalty can an employer face for employing a foreign national without authorisation following the 2024 reform? Law No. 2024-42 of 26 January 2024 replaced the special contribution with an administrative fine under Article L. 8253-1 of the Labour Code. The amount may be adjusted up to the applicable maximum by reference to the offender’s financial means, degree of intent, seriousness of the negligence and removal costs. Decree No. 2024-814 of 9 July 2024, which entered into force on 1 September 2024, sets out the implementing rules, including their application to certain earlier conduct.
Is an employee hired without work authorisation still entitled to be paid? Yes. Article L. 8252-1 of the Labour Code treats a foreign national employed in breach of the prohibition on unauthorised employment as a lawfully employed employee from the date they were hired. They are entitled to salary for the work actually performed and to specific compensation if employment ends. The employer cannot rely on the irregularity in order to avoid these obligations.
What does a foreign employee without valid immigration status risk if checked? Separate from employment-law rights, the absence of valid residence status may result in an Obligation to Leave French Territory (OQTF), potentially accompanied by a ban on returning to France. OQTF appeal deadlines are very short, in some cases only a matter of days. Prompt review by a French immigration lawyer can help identify possible grounds of challenge and preserve any available routes to regularisation.
