As a general rule, a foreign national who needs a work authorisation for salaried employment in France must obtain the authorisation corresponding to the employment concerned. This is particularly relevant for holders of residence status marked “employee”, “temporary worker” or other categories linked to authorised employment.
Do you need a new work authorisation when changing employer?
Where the foreign national holds a residence status for which a separate work authorisation is required, a new employment contract generally requires a fresh work-authorisation application.
This means that changing employer should not be treated as a purely contractual matter. The immigration position must be checked before the new role begins.
Which residence statuses generally do not require a separate authorisation?
Examples include resident cards, private-and-family-life permits, many Talent categories, qualifying EU-family-member status, some international-protection statuses, job-search/business-creation status and student status within the statutory annual working limit.
The exact rights depend on the wording and legal basis of the residence document.
Student status
A student may normally work up to 964 hours per year under the ordinary student regime without a separate work-authorisation application. Working beyond that limit may require a different authorisation or change of status.
How is the new work-authorisation application made?
The application is submitted by the new employer through the official online service. The supporting documents depend on the case but generally include:
- the proposed employment contract;
- documents relating to the employer;
- the employee's passport and residence document;
- evidence of qualifications where relevant;
- where the labour-market test applies, evidence of prior recruitment efforts.
Whether the labour-market test applies to a change of employer depends on the current legal regime and the employee's status. Older administrative guidance should not be treated as overriding the Labour Code.
What happens after approval?
The new work authorisation should be retained carefully because it may be required when the employee later renews their residence permit.
What if the application is refused?
A refusal may be challenged before the administrative court within the applicable deadline, usually stated in the notification. Administrative silence may also create an implied refusal after the statutory period.
Fazolo Avocats assists employers and employees with work-authorisation applications following a change of employer.
