Work permits in France: When is the employer required to apply?

Introduction 

You've found the right candidate, the recruitment is moving forward — and then the question comes up: do you need to apply for a work permit?

This is often where companies lose time. Between the employee's nationality, visa type or residence permit, status change, or new application from abroad, the answer isn't always straightforward.

Yet a misreading of the file can delay the hire or jeopardise the employee's start date.

In France, any employer wishing to hire a foreign national must first verify whether that person is authorised to work.

In some cases, the employer must submit a work permit application themselves. In others, they are exempt — because the employee already holds a document that grants them the right to work.

The principle: the employer must verify whether the employee can work in France

In other words: before any discussion of signing an employment contract or agreeing on a start date, one question must be answered — simple in appearance, but decisive in practice: does the document held by the employee authorise work, or is an additional work permit required?

When is the employer required to apply for a work permit?

In practice, the employer is generally required to submit an application when:

• The situation requires prior authorisation — whether for a hire from abroad, a new recruitment, or a status change in France.
• The employee does not yet hold a document authorising them to work in France (e.g. a foreign student).
• The document held does not cover the intended salaried activity.

The application is submitted online, whether the employee is already in France or residing abroad. Under the French Labour Code, the application is sent via an online service to the relevant prefect.

When is the employer exempt from applying?

Visas and residence permits that already grant the right to work

The employer does not need to apply for a work permit if the employee already holds a document that grants them the right to work.

This is the case, for example, with certain long-stay visas (VLS-TS), "private and family life" residence permits, "job search / business creation" permits, and "resident" cards — all of which allow the holder to work without any additional application from the employer. (Non-exhaustive list)

Nationals benefiting from freedom of movement

Finally, a work permit is not required for nationals benefiting from freedom of movement — including individuals from the EEA, Switzerland, Monaco, Andorra, or San Marino.

Important: do not confuse residence permit with the right to work

An employee may be legally resident in France without being authorised to take up the intended employment. Conversely, some permits directly grant the right to work and exempt the employer from any additional application.

The answer therefore depends on the exact document held by the employee and the nature of the role being offered.

This is also why the reasoning "they already have a permit, so we're good" can be dangerous.

In professional immigration matters, several elements must be verified — including the mention on the permit, the employment framework, and, where applicable, the relevant procedure — before confirming a start date.

Which situations require particular attention?

Certain cases call for extra vigilance:

• Employees already in France holding a status that does not automatically grant the right to the intended employment
• Status change situations
• Hires from abroad
• Minors aged 16 to 18, for whom a work permit is mandatory — including apprenticeship and professionalisation contracts
• Certain foreign nationals who, by virtue of their nationality, are subject to a specific framework (bilateral agreement or treaty)

What conditions does the administration review?

A work permit is not granted automatically. It is issued when the application meets a set of cumulative conditions relating, in particular, to the role being offered, the employer, the occupation, the required level of qualification, and the salary.

The French Labour Code notably requires that the proposed salary comply with the minimum wage (SMIC) — or, if more favourable, with the minimum pay set out in the applicable collective agreement. It also provides for grounds for refusal linked, for example, to certain criminal convictions or serious administrative sanctions against the employer, the client company, the user company, or the host company.

Key takeaways

However, the employer is exempt in several situations — notably when the employee holds certain permits or visas that directly grant the right to work, or when the employee falls under a freedom of movement regime.

The key factor is therefore not simply the employee's nationality. The real question is: what document do they hold, what does it specifically allow, and what procedure must the employer initiate before the hire?

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