To be able to work in France non-EEA nationals are required to hold a residence permit that authorises a professional activity.

There are different types of such visa’s but, in most cases, if you are seeking to work in France as an employee you will need a carte de séjour temporaire - either 'salarié' or 'travailleur temporaire'.

• If your contract is for an indefinite period (Contrat à Durée Indéterminée - CDI) it will be a VLT-TS salarié.
• If you are on a fixed term contract (Contrat à Durée Déterminée - CDD) then it will be a VLT-TS - travailleur temporaire.

The permit is granted initially for a year, and the process needs to begin with your prospective employer making application for an autorisation de travail. You cannot simply role up to the consulate and ask for a work permit; you need to have an employer who will sponsor you.

If you obtain a residence permit on this basis, should you lose your job, the implications on your residency status in France will depend on the type of permit you hold.

Permanent Contract

For those on a VLT-TS (salarié) the law offers protection against loss of your resident permit.

Article L421-1 of the Code de l’entrée et du séjour des étrangers states that : The residence permit is extended by one year if the foreigner is involuntarily deprived of employment. At the time of the next renewal, if s/he is still deprived of employment, his/her right to stay is decided for a period equivalent to that of the rights s/he acquired to the insurance allowance mentioned in Article L. 5422-1 of the Labour Code;

What that means is that if you involuntarily lose your job your residence permit will be extended automatically for a year. It will then be further renewed by the period for which you are in receipt of unemployment benefit from the job agency Pôle Emploi.

Thus, if you are entitled to 15 months unemployment benefit, your permit will be renewed for a year, then for a further period of 5 months. If you obtain new employment during this period, your new employer will be required to apply for a work permit.

Fixed Term Contract

For those with a VLT-TS - travailleur temporaire the law offers no such protection, as at the end of their contract the person has no entitlement to unemployment benefit.

They may then be required to leave France, although it is possible for the contract to be renewed, provided the work is still available.

You can alternatively make an application to set up a business in France and thereby have a changement de statut. You will need to provide a business plan, show adequate income and health insurance. You can read more in Visa for Starting a Business in France.

Unemployed Status

The law is generous in terms of interpreting when you are considered involuntarily unemployed, stating it applies when:

• You have been dismissed for simple misconduct, for real and serious cause, for professional incompetence, or for economic reasons;
• You have been dismissed for serious misconduct or;
• The employer has terminated your contract at the end of the probationary period.

Louis Varaut, an immigration avocat in France who works with our visa partners comments that: "One of the issues to consider in this kind of visa application is the importance of the role of the company that intends to hire you. They might be worried by the work to do to obtain the work permit. So explaining to them at the outset about the process is important. We can of course offer assistance if required"