Hiring a foreign employee in France: residence permit and work authorisation

Quick answer. To hire a national of a third country (outside the European Union, the EEA and Switzerland), the employer must in principle obtain a work authorisation, unless the candidate's residence permit already serves as authorisation (the "talent" residence card, the resident card, certain visas). The request is made online, on the Ministry of the Interior's platform, with a lead time of around one to two months. The employer must also verify the permit's authenticity with the prefecture at least two working days before hiring. Employing a foreigner without a permit carries heavy penalties: up to 5 years' imprisonment and EUR 15,000 fine per employee, plus a special contribution.

Faced with recruitment shortages, more and more companies are considering hiring foreign talent. It is possible and regulated, but the procedure depends on the candidate's nationality and residence permit. A mistake exposes you to severe penalties for illegal work. Done well, hiring an international profile is a growth lever, as we discuss regarding international recruitment.

The rule comes down to two situations:

• Nationals of the European Union, the EEA and Switzerland: they benefit from free movement and do not need a work authorisation.
• Nationals of a third country: the employer must in principle obtain a work authorisation, unless the candidate's residence permit exempts them.

It is this second category that requires steps, to be anticipated before any offer of employment.

Some permits allow work without a separate work authorisation:

• The "talent" residence card (which replaced the "passeport talent" following the law of 26 January 2024): it authorises the activity that justified its issuance, and the employer is exempt from requesting an authorisation.
• The resident card: it allows work as an employee without authorisation.
• Certain long-stay visas serving as a residence permit (VLS-TS): depending on their wording, they grant the right to work.
• The "student" permit: it authorises salaried activity within an annual limit (60% of working time).

Checking the permit's exact wording is therefore the first step: it determines whether a work authorisation is, or is not, required.

When an authorisation is required, the step falls to the employer:

1. Identify the need. Check the candidate's nationality and the wording of their residence permit.
2. File the request online. The work-authorisation request is made exclusively online, on the Ministry of the Interior's dedicated platform.
3. Provide the documents. Contract or offer of employment, details on the role and pay, company supporting documents.
4. Await processing. The lead time is generally one to two months; the administration examines, in particular, the suitability of the role and, in some cases, the employment situation.
5. Verify the permit before hiring. At least two working days before hiring, the employer must have the residence permit's authenticity verified with the prefecture.

An authorisation is requested for each new contract: it is not transferable from one employer to another.

Hiring a foreigner not authorised to work is an offence (Article L8251-1 of the Labour Code). The penalties are heavy:

• Criminal penalties: up to 5 years' imprisonment and EUR 15,000 fine per employee concerned (Article L8256-2 of the Labour Code), with aggravated penalties for organised gangs.
• Special contribution paid to the French Office for Immigration and Integration (OFII), plus a flat-rate contribution representing repatriation costs.
• Possible administrative sanctions: temporary closure, exclusion from public contracts, repayment of aid.

These penalties alone justify a rigorous check before any hire.

The candidate already in France. A foreigner already holding a permit allowing work can be hired more simply, subject to checking the permit's wording and validity.

The highly qualified profile. For sought-after skills, the "talent" residence card facilitates hiring, the employer being exempt from authorisation. It is an attractiveness lever for innovative companies, alongside a strategy of setting up in France.

Posting. Bringing in an employee already employed abroad falls under a different logic (posting), distinct from local hiring and covered separately, like the distinction expatriate, posted or inbound.

• Verify the permit before hiring. The check with the prefecture, at least two working days before, is an obligation, not an option.
• Anticipate the lead times. A work authorisation takes one to two months: build it into your recruitment timeline.
• One authorisation per contract. It is not transferable: a change of employer requires a new request.
• Don't underestimate the penalties. Illegal work exposes you to cumulative criminal, financial and administrative sanctions.
• Distinguish hiring and posting. Local recruitment and posting a foreign employee do not follow the same rules.

Recently, a young technology company wanted to hire an engineer who was a third-country national, already identified. Operational urgency pushed to sign quickly. We set the framework: check the wording of their permit, file the work-authorisation request online if needed, and have the permit's authenticity verified with the prefecture before hiring. As the candidate was eligible for a "talent" residence card, the company was exempt from authorisation, which accelerated the process while securing the hire. Signing without these checks would have exposed the company to illegal-work penalties.

Our conviction, as accountants registered with the Ordre, is that international hiring is an asset, provided the sequence is respected: check the permit, obtain the authorisation if needed, verify before hiring. It is methodical work, alongside social management and payroll and, for foreign directors, an English-speaking accountant.

Hayot Expertise advice. Before signing, first check the candidate's nationality and permit: an EU national needs no authorisation, a "talent" or resident card exempts the employer, other permits require analysis. If an authorisation is required, file the request online and anticipate one to two months. And in all cases, have the permit's authenticity verified with the prefecture before hiring: it is the safeguard against the risk of illegal work.