Before hiring a non-EU national, a French employer must check whether the candidate’s residence permit already allows them to work, or whether a work authorisation (autorisation de travail) must be obtained. A mistake at this stage exposes the company to heavy penalties.
When is a work authorisation required?
It depends on the document held by the foreign national.
No work authorisation needed, for example, for holders of:
- a “talent” card (for the activity for which it was issued);
- a “private and family life” card or VLS-TS;
- a resident card or an EU long-term resident card obtained in France;
- a “job search / business creation” permit, provided the job relates to the person’s studies and pays more than €2,800.53 gross per month;
- a “posted employee ICT” card (within the posting).
A work authorisation is required, for example:
- for an “employee” or “temporary worker” VLS-TS or card: one authorisation for each new contract;
- for a “seasonal worker” card;
- for a student working beyond 964 hours per year (60% of annual working time), except for an apprenticeship contract validated by the OPCO or the DREETS;
- for a change of status to “employee” or “temporary worker”;
- for a mobile ICT mission of more than 90 days.
A “visitor” card does not allow work, and no work authorisation can be requested for it.
Before any hiring, the employer must also ask the prefecture to verify the authenticity of the residence permit at least two working days before the start of employment.
Step 1: the labour-market test
Before applying, the job offer must have been published for three consecutive weeks within the six months preceding the application with the public employment service (for example France Travail), without receiving a suitable application.
This publication is not required, in particular, when:
- the job appears on the list of shortage occupations (métiers en tension);
- the candidate holds a “job search / business creation” permit, or a Master’s degree (or a Grandes Écoles level 1 diploma, or a professional Bachelor’s degree) obtained within the year, and the job relates to their training with a salary of at least €2,800.53 gross per month.
Step 2: the online application
The application is made only online, by the employer or an authorised representative, whether the employee is in France or abroad. A filing confirmation is issued, but it does not allow the employee to work. The online procedure is not available for a foreign national in France without a residence permit: in that case, an exceptional admission to residence must be requested.
In the event of a posting by a company not established in France, the application is filed by the French contracting party or the user company.
Step 3: the criteria examined
- The job: shortage occupation or unsuccessful publication; for a graduate in France, consistency with the diploma and experience.
- The employer: compliance with social obligations, no conviction or sanction for illegal work, assistance to irregular residence, breaches of posting rules or document fraud; certificate of payment of social contributions less than six months old; decent housing for seasonal workers.
- Proportionality: the authorisation may be refused if the recruitment project is manifestly disproportionate to the employer’s economic activity.
- Salary: at least the minimum wage, or the minimum set by the applicable collective agreement if higher.
- Regulated professions: the conditions for practising the profession must be met.
Cost for the employer
An employer tax is due at the first admission of the employee to residence for work. See: Employer tax for hiring a foreign national in France.
Refusal and appeals
If the administration does not answer within two months, its silence is deemed an implicit refusal. In the event of an explicit or implicit refusal, the employer has two months to file an administrative appeal (to the prefect and/or the Minister of the Interior) and/or a court action before the administrative court.
In our experience, refusals often stem from an incomplete file, a job description that does not match the candidate’s qualifications, or a salary inconsistent with the collective agreement. These points can often be corrected.
Penalties for illegal employment
Employing a foreign national without a work authorisation exposes the employer to criminal fines of up to €30,000 per foreign worker, an administrative fine of up to €21,750 per worker (€65,250 in the event of repeat offence within five years), and additional penalties. See: What are the risks of illegal employment?
Source: Entreprendre.service-public.fr – Autorisation de travail d’un salarié étranger en France (checked on 3 November 2026).
Need help with your application?
FATOU BABOU AVOCAT assists employees, entrepreneurs, investors and companies with every step of business immigration to France: eligibility analysis, preparation of the application, follow-up with the consulate or the prefecture, and appeals in the event of refusal.
- Bordeaux office: 11 rue Galin, 33100 Bordeaux, France – +33 9 85 40 18 64 – contact@legalfb-avocat.fr
- Dakar office: 14 rue Woro Fila, Fann Hock, Dakar, Senegal – +221 77 173 69 05 / +221 33 844 29 16 – contact@fbavocat-sn.com
This article is for general information only and does not constitute legal advice. Rules and amounts change regularly: always check your own situation with a lawyer.