How do I hire a foreigner employee? - General case

Verified 01 novembre 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • The employee has another nationality
  • The employee has a multi-annual residence card "talent passport" or a multi-annual residence card "talent passport (family)"
  • The employee has already been registered
Edit

Before hiring a foreigner, the employer must check whether the candidate has the right to work in France.

The employer must then follow the hiring formalities usual.

FYI  

work authorization may be limited to certain professional activities or geographical areas. The authorization issued in mainland France gives rights only in mainland France.

To work in France, a foreigners employee must have a work permit.

However, some foreigners may be dispensed based on their status or the length of their assignment.

The foreigner can be hired if it has a valid work authorization for the job it is going to occupy regardless of the type of contract.

The foreigner can't get a first work permit of an employed foreigner in France for a contract to promote employment (apprenticeship contract, contract in the course of employment, professionalisation contract).

However, the minor under the care of theAse: titleContent before age 16 can obtain this authorization for a first application if he concludes an apprenticeship or professionalization contract.

General case

The employer must check when hiring that the future employee has a valid residence permit valid as work authorization.

He must check his authenticity with the prefect of department of the place of employment or the prefect of police in Paris.

This verification does not have to be carried out when the foreigner is included on the list of jobseekers of France Travail (formerly Pôle emploi).

This must be done at least 2 working days before the effective date of the hiring.

Without a response within 2 working days of receipt of the request, the employer's obligation to verify the existence of the work permit is considered to be fulfilled.

After verifying the residence permit and the work authorization, the employer may then proceed with the hiring formalities usual.

Who shall I contact
Foreigner student

Hiring a foreigner employee who has a student residence card can only intervene after declaration to the prefecture.

After verifying the residence permit and the work authorization, the employer may then proceed with the hiring formalities usual.

Who shall I contact

Yes, the employer can be sanctioned with a fine penal, a prison sentence and a administrative fine depending on the situation.

Répondez aux questions successives et les réponses s’afficheront automatiquement

The employer knowingly hired or retained a foreigner without a work permit

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The administrative fine shall not exceed 5,000 times the hourly rate of guaranteed minimum either €21,100 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €63,300 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,440 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer has knowingly hired or retained a foreigner in a professional category, occupation or geographical area other than those mentioned on the work permit

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The administrative fine shall not exceed 5,000 times the hourly rate of guaranteed minimum either €21,100 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €63,300 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,440 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer knowingly hired or retained a foreigner without authorization to work in an organized band

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €200,000 by foreigner concerned
  • Prison sentence (combined with fine): 10 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The administrative fine shall not exceed 5,000 times the hourly rate of guaranteed minimum either €21,100 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €63,300 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,440 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer knowingly engaged, directly or indirectly, in the services of an employer of a foreigner not permitted to work

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The administrative fine shall not exceed 5,000 times the hourly rate of guaranteed minimum either €21,100 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €63,300 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,440 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

Please note

Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.

Apply online for work authorization to hire a foreigner

FAQ