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Work authorization of an Algerian employed in France

Verified 02 April 2021 - Directorate for Legal and Administrative Information (Prime Minister)

If you are Algerian and wish to take up paid employment in France, you must apply for a work permit (also called work permit).

The work permit allows an Algerian to work in France as an employed person.

You are concerned if you are Algerian and want to work as a salaried worker in France.

It does not matter what the nature of the contract of employment (private or public) is or how long it lasts.

You need it if you are asking for one of the following titles:

  • Employed residence certificate
  • Certificate of residence temporary worker
  • Certificate of residence artistic and cultural profession issued to the employed artist

But you are exempt if you come to France to work for a period of up to 3 months in the following fields:

  • Sports, cultural, artistic and scientific events
  • Seminars, seminars and trade fairs
  • Cinematographic, audiovisual, performance and phonographic publishing production and dissemination, as artist or technical staff
  • Mannequinat and artistic pose
  • Personal services (domestic worker) during the stay in France of a particular employer
  • Audit and expertise assignments in IT, management, finance, insurance, architecture and engineering as a seconded employee under contract
  • Teaching as a visiting professor

The following residence permits are automatically valid as soon as they are issued and work permits are issued:

They are issued without a prior request for a work permit from the administration.

FYI  

if you are a student and wish to work, you must request a provisional work authorization (APT).

Filing of the application

The application for a work authorization shall be made by your future employer.

It is prohibited for any individual or legal person (company, association, etc.) to hire or retain a foreigner worker without a work permit.

Unlawful use of a foreigner is an offense punishable by criminal penalties (prison sentence, fines and additional penalties such as a ban on practicing).

Documents to be supplied

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Employee

  • Long-stay visa
  • Passport (pages on civil status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: marriage certificate + residence card or identity card of your spouse + declaration on the honor of non-polygamy in France
  • If you have children: Birth certificates of your children with filiation
  • Proof of residence less than 3 months old
  • 3 identity photos
  • Work authorization issued to your employer

Temporary worker

  • Long-stay visa
  • Passport (pages on civil status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: marriage certificate + residence card or identity card of your spouse + declaration on the honor of non-polygamy in France
  • If you have children: Birth certificates of your children with filiation
  • Proof of residence less than 3 months old
  • 3 identity photos
  • Work authorization issued to your employer

Commercial, industrial or craft profession

  • Long-stay visa
  • Passport (pages on civil status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: marriage certificate + residence card or identity card of your spouse + declaration on the honor of non-polygamy in France
  • If you have children: Birth certificates of your children with filiation
  • Proof of residence less than 3 months old
  • 3 identity photos
  • Depending on the case:
    • Proof of registration of the company (articles of association, extract K or Kbis)
    • Registration (or affiliation) with a professional body
    • Registration in the trades directory under 3 months
    • Affiliation to the social security system of the self-employed
    • Authorization to practice or registration with the relevant order (if you wish to practice a regulated profession)

Artistic and cultural profession

  • Long-stay visa
  • Passport (pages on civil status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: marriage certificate + residence card or identity card of your spouse + declaration on the honor of non-polygamy in France
  • If you have children: Birth certificates of your children with filiation
  • Proof of residence less than 3 months old
  • 3 identity photos
  • Depending on the case:
    • Work authorization issued to your employer
    • Contract endorsed by the Regional Director of Cultural Affairs (RDCA)

Official agent

  • Long-stay visa
  • Passport (pages on civil status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: marriage certificate + residence card or identity card of your spouse + declaration on the honor of non-polygamy in France
  • If you have children: Birth certificates of your children with filiation
  • Proof of residence less than 3 months old
  • 3 identity photos
  • Certificate issued by the competent Algerian authority specifying the duration of the planned mission to France

Scientist

  • Long-stay visa
  • Passport (pages on civil status, validity dates and entry stamps)
  • Extract of birth certificate with filiation (or full copy of birth certificate)
  • If you are married: marriage certificate + residence card or identity card of your spouse + declaration on the honor of non-polygamy in France
  • If you have children: Birth certificates of your children with filiation
  • Proof of residence less than 3 months old
  • 3 identity photos
  • Host agreement signed with a public or private body with a previously approved research or higher education mission
  • If you have already been admitted as a researcher to another EU country: residence permit + hosting agreement (translated into French) issued by that other country

Examination of the request

In order to grant or refuse work authorization, the administration examines a set of elements.

If you have a residence card student or a residence card job search or company creation, the administration shall verify that you meet the requirements of the diplomas and qualifications laid down in the job offer, in the light of the following:

  • Your resume
  • Copy of your diplomas
  • Your possible employment certificates

It also examines the proposed salary, which must be at least equal to Smic: titleContent or the minimum remuneration provided for in the collective agreement (even in the case of part-time employment).

It shall also take into account:

  • compliance by the employer (and/or the user and/or host company) with labor and social protection legislation. In the event of non-compliance, the work authorization is refused (e.g. concealed work, non-payment of social security contributions),
  • where necessary, compliance by the employer, the user company or the host State with the conditions governing the exercise of the regulated professional activity concerned.

Decision of the administration

The decision of the administration shall be taken within a maximum period of two months following the submission of the complete application.

If the administration has not replied within this period of two months, the request shall be refused.

She's notified to your employer.

In the case of a written refusal, the decision must state the reasons for the refusal. It must indicate the remedies and time limits for appeal.

The application shall be rejected if one or more criteria for the issue of the work authorization are not met.

One ex gratia appeal may be filed with the administration which took the decision (address given on the notification of refusal).

A hierarchical appeal may also be submitted to the Minister of the Interior.

An action for annulment before the Administrative Court is also possible. In order to be admissible, it must be filed within certain time limits and contain a copy of the refusal decision.

In the absence of an ex gratia or hierarchical appeal, the time limit for bringing proceedings before the judge is 2 months from the notification of rejection of the application for a work permit or of the implicit refusal.

Administrative appeals and legal actions shall not suspend the execution of the refusal decision. However, a interim suspension or a interlocutory freedom may be deposited.

Who shall I contact

If you agree to your work authorization, you must undergo a medical examination. The procedure you have to follow differs depending on whether you already live in France or not.

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Resident in Algeria

If you agree to your work authorization, the administration forwards your file to the management of theOfii: titleContent competent in France.

Within 3 months of entering France, you will be summoned to the Ofii to take the mandatory medical examination. While waiting for this visit, you can start working. If you are declared fit, the prefecture will issue you the certificate of residence.

Who shall I contact

Resident in France

You will receive an interim work authorization if you are:

  • You have a provisional residence document (asylum seeker, parent of a sick minor child, etc.),
  • You have a residence permit which does not allow you to exercise, as an ancillary activity, an employed activity (you are a trader, for example).

If your employment contract exceeds 3 months, you are also summoned to take the medical examination at theOfii: titleContent.

Who shall I contact

You must apply for the renewal of the work authorization before the validity of your certificate of residence expires.

You must then submit your application for a residence certificate to the prefecture or sub-prefecture of your residence, within 2 months before the end of validity of your residence certificate. Find out more on your prefecture's website. Some prefectures require applicants to submit their renewal application up to 5 months before the expiry of their residence card in order to schedule an appointment.

Documents to be supplied:

You must attach a number of documents to your application.

These documents vary depending on whether it is a 1re request for renewal or not, and your status as a worker.

Who shall I contact
Who shall I contact

Warning  

it is not possible to carry out the procedures in some sub-prefectures. Find out more on your prefecture's website.

Examination of the request

The application for renewal shall be examined as 1re application for work authorization. There is no automatic renewal.

If, on 1er renewal, the foreigner applies for a job in a trade or geographical area different from those mentioned in its initial authorization, all the criteria required for a first application can be examined.

The work authorization shall be renewed within the limits of the remainder of the contract of employment or of the assignment which remains to be completed in France.

Decision of the administration

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If the application is accepted

If you agree to your request, your residence card is renewed.

If the application is refused

Your renewal request may be refused if you are in one of the following situations:

  • Your employer has contravened labor or social protection legislation
  • Your employer did not comply with the conditions of employment, remuneration or accommodation set out in the work authorization
  • You have not complied with the terms of your authorization (for example, you have performed a trade other than that mentioned on the authorization)
  • Your employment contract was terminated within 12 months of your employment, except in the case of involuntary loss of employment

In case of refusal of renewal, you receive a refusal of stay with an obligation to leave France (OQTF), unless you can benefit from the stay in another way. For example, for family reasons.

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