Immigration and Foreign Employment Law

A new decree has arrived!

Decree No. 2024-814 of July 9, 2024 (published in the JORF on July 16, 2024) relating to the administrative fine penalizing the employment of foreign nationals not authorized to work and modifying the conditions for issuing work permits applies from September 1, 2024.

What can we learn from this?

Key points for applying for a work permit: Who is concerned?

From now on, the employer is no longer the only one concerned by the conditions for issuing a work permit. Contracting authorities, the user company, and the host company are also affected.

In the case of an apprentice whose employer is established outside the national territory, welcomed in a company established on French territory to complete his training, it is up to the host company to make the request for a work permit.

Key points regarding a refusal of work permit: What are the reasons?

A work permit may be refused if the applicant has committed serious criminal offences, as well as health and safety violations with regard to their employees.

It may also be refused when the recruitment project is clearly disproportionate to the economic activity of the applicant.

General reminder

key points

In which cases must the employer request a work permit?

The future employer is required to submit a work permit application if their future employee holds or plans to apply for one of the following residence permits:

“Employee”;

“Temporary worker”;

“Seasonal worker”;

“Student” beyond the amount of time authorized by his title.

In which cases is the employer exempt from requesting a work permit?

When the future employee is a national:

From a member country of the European Union;

From the European Economic Area;

Swiss ;

Monegasque;

Andorran;

San Marino.

When he holds one of the following residence permits:

“Private and family life”;

“Resident card”;

“Talent Passport”;

“Student” within the limit of the quota of time authorized by his title.

Grow your business with us

Recruit foreign nationals safely, without fear of the consequences of misinformation or changes that may occur with the introduction of new laws and regulations.