Changing Student Visa to Work Visa in France

For a non-EU student already legally residing in France, the process generally involves changing from student status to an employment-based residence status.

The appropriate status depends on the employment being offered. A CDI (permanent employment contract) will correspond to a residence permit marked “salarié”, while a CDD (fixed-term employment contract) will be linked to “travailleur temporaire”.

A foreign student seeking to change status should:

• Hold a valid student residence document in France.
• Have a qualifying employment contract or offer from an employer.
• Have an employer willing to complete the required work-authorisation procedure.
• Meet the requirements applicable to the proposed employment, including the applicable rules concerning the employment market.
• Where the applicant has completed their studies in France, have employment that corresponds to the qualifications and experience acquired in France or abroad, where required by the applicable rules.
• Provide the supporting documents requested by the French administration.

The employer is generally responsible for applying for the work authorisation. The application is made online through the French government’s work-authorisation procedure.

For a student changing status to “salarié” or “travailleur temporaire”, the employer must apply for a work authorisation. Depending on the circumstances, the proposed employment may need to satisfy an employment-market requirement. This can include the job appearing on the applicable métiers en tension list or, where that exemption does not apply, evidence that the position was advertised for three consecutive weeks during the six months before the application without a suitable candidate being identified.

There is not a requirement for the applicant to prove that they are a better candidate than a French national, and a generic “basic French language test” should not be presented as a universal eligibility requirement for this route.

Special rules can apply depending on the applicant’s nationality. In particular, Algerian nationals are subject to specific rules under the France-Algeria arrangements, while EU/EEA/Swiss nationals generally follow different rules.

The employer will need to provide information and supporting documents relating to the business and the proposed employment.

Depending on the circumstances, this may include:

• Information identifying the employer and its business registration.
• Information concerning the proposed position.
• The employment contract or relevant employment details.
• Details of the salary and working conditions.
• Information concerning the employee’s qualifications and current immigration status.
• Evidence relating to recruitment and the employment market, where this is required.
• Any additional documents requested during the work-authorisation process.

The employer should check the current requirements for the particular application before submitting the work-authorisation request.

The French government provides an online procedure for employers applying for authorisation to employ a foreign worker. The application is free to submit online and requires the employer to provide the requested information and supporting documents.

From the intended employee

The student should generally be prepared to provide documents such as:

• A valid passport.
• A copy of their current student visa or residence permit.
• Proof of address in France.
• The employment contract or relevant employment documentation.
• Evidence of their qualifications or completion of studies, where applicable.
• A recent photograph or approved digital photograph where required.
• Any other documents requested by the French administration.

Depending on the applicant’s circumstances, documents such as a birth certificate and certified translation may also be requested.

The employer is responsible for the work-authorisation application in the relevant cases, but the application cannot be assessed without the information and supporting documents concerning the prospective employee.

Carry out background checks and prepare employment contract

Before offering an individual a job, the employer should check the validity of the student’s current immigration status and establish whether the proposed employment can support a change of status.

The type of employment contract is important. A CDI will generally correspond to the “salarié” residence status, while a CDD will generally correspond to “travailleur temporaire”.

The employer should also establish whether a work authorisation is required and whether the proposed position satisfies the applicable employment-market requirements.

It is recommended that specialist advice is sought where there is uncertainty about the applicant’s eligibility or the employer’s obligations. Call the Total Law team today to learn more.

An employment contract can be prepared once the relevant immigration and employment requirements have been considered.

Apply for work permit

Where a work authorisation is required, the employer must submit the application online via the French government’s work-authorisation procedure.

The employer will need to provide the information and supporting documents requested for the proposed employment and the prospective employee.

For a student changing status to “salarié” or “travailleur temporaire”, the work-authorisation application is an important part of the process. The employment may also need to satisfy the applicable employment-market rules.

Submit file to prefecture

Once the work authorisation has been granted, the applicant must complete the applicable change-of-status residence procedure.

The process depends on the applicant’s circumstances and place of residence. Depending on the application, this may involve the ANEF online system or the relevant prefecture’s procedure.

Applicants should follow the instructions issued for their particular application rather than assuming that every change-of-status application requires a physical prefecture appointment.

The applicant may need to provide their identification documents, evidence of accommodation and other supporting documents and pay the applicable residence-permit tax.

Start working together

Once the relevant immigration process has been completed and the applicant holds a document that authorises the proposed employment, the employee can begin working in accordance with the conditions of that authorisation.

Applicants should not assume that submitting an application or simply receiving a work-authorisation decision automatically gives them unrestricted permission to start full-time employment. In some circumstances, the applicant must first receive a residence document or receipt that authorises work.