Hiring a foreign national with legal status

Published on : 06/08/2026

Reading : 5 minutes

You are an employer and wish to hire a foreign national who is legally authorized to work in France. The foreign national must have the right to reside in France and the right to work.

Illustration d'un CV

Diversifying your recruitment by hiring foreign nationals already present in France is a solution to labor shortages in your sector. It can also help you find specific expertise or support your international strategy. It is also a lever for promoting equal access to employment and enhancing the skills of all employees.

Recruitment steps

You must first ensure that the candidate has the right to work in France.

For nationals of the European Union, the European Economic Area, Switzerland, Monaco, Andorra, and San Marino

  • A work permit is not required.
  • They must possess a valid European Union passport or a valid national identity card issued by a Member State of the European Union in order to be eligible to work.

For nationals of third countries (outside the European Union)

You must check whether the person holds one of the following documents:

You must verify whether the person holds one of the following documents:

  • Residence permit marked “private and family life” (long-stay visa serving as a residence permit, temporary residence card, multi-year residence card, one-year Algerian residence certificate)
  • Residence permit marked “family member of an EU citizen”;
  • “Article 50 TEU” residence permit issued to British nationals
  • Multi-year residence card issued to beneficiaries of subsidiary protection and stateless persons, as well as to their family members
  • Provisional residence permit for “Temporary Protection” issued to displaced persons from Ukraine
  • Multi-year residence card marked “talent” if the proposed employment meets the criteria for issuing the card
  • Resident card (10-year card)
  • Certificate of extension for educational purposes (online application) or receipt of residence permit application (prefecture application) with the right to work. For more information, visit the page on Anticipating the renewalof your employee’s residence permit.
  • A residence permit designated as “employee,” “temporary worker,” or “seasonal worker,” provided that a work permit for the specific occupation and position has been obtained in advance.

For more information, consult Adate’s employer toolkit, which lists the residence permits authorizing employment.

To learn more about this process, refer to the dedicated page on Service-Public.

You will receive a response within two months following the submission of your complete application. Please note that recruitment can only take place after the work permit has been issued.

Icône (2).png The employer must first publish the job offer for 3 weeks with France Travail and local missions, and demonstrate the absence of suitable applications (Article R.5221-1 of the Labour Code), except in the following two cases:

Icône (2).png Any change of employer, new employment contract, or significant change to the contract requires the submission of a new work permit (Article R5221-1 of the Labor Code).

A check must be carried out by the employer with the prefecture of the place of employment at least 2 working days before the hiring date (Article R5221-41 of the Labour Code):

The request must include a copy (front and back) of the individual’s residence permit.
The prefecture must respond within 48 hours. It will indicate whether the permit is valid. If no response is received within this time frame, your obligation as an employer is fulfilled and recruitment is authorized.

The verification applies to both third-country nationals and European Union citizens. It is not required if the foreign national is registered as a job seeker with France Travail.

In addition to the prior declaration, you must also:

  • register the future employee’s identity in the single personnel register,
  • attach a copy of their valid residence permit (except for private individuals, who are not required to keep such a register). Article D1221-24 of the Labour Code

« The Labour Code prohibits any person from hiring or retaining a foreign national in a professional category, occupation, or geographical area other than those specified in their work authorization." »

Article L.8251-1 of the Labour Code

Who can help you hire?

You can receive support with your recruitment process from France Travail, Local Missions, Cap Emploi, OPCOs, and other organizations. To find out which organizations can assist you, visit the page “Tools for hiring Foreign Employees.”

If you already know these organizations and would like to find their contact details in your department, consult the “Useful Contacts for Employers” page.

How can you anticipate the residence permit renewal request?

A residence permit always has an expiration date. When a foreign employee holds a residence permit that is about to expire, they must apply for a renewal in order to extend their right to stay and continue working. 

For more information, visit the page Anticipating the renewal of your employee's residence permit.

What should I do if my employee’s residence permit has already expired?

Contact the prefecture to find out the employee’s situation. The email address of your prefecture, as well as all useful contacts in your department, are available here.

To go further

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