Can I Work Without Extension or Valid Residence Permit?

Working in France: The Obligation to Hold a Residence Permit for Foreign Employees

In France, the law is very clear: it is prohibited to hire a foreigner without a residence permit authorizing work. According to the Labor Code, every employer must verify that the foreign candidate has a valid work authorization (residence permit, visa, or specific card).

Failure to comply with this rule exposes the employer to criminal, administrative, and financial sanctions. For the employee, it can lead to expulsion from French territory.

This article details legal obligations, valid documents, risks incurred, and HR best practices.

Which Residence Permits Allow Working in France?

A foreign national can only exercise professional activity if their residence permit authorizes it. Here are the main documents granting work rights:

Temporary residence card "employee"
Multi-year residence card mentioning "employee" or "temporary worker"
Resident card / Long-term resident card – EU
Long-stay visa valid as residence permit (VLS-TS) with professional mention
"Student" residence permit (limited to 964 hours/year, i.e., 60% of full-time)
Provisional Stay Authorization (APS) in certain specific cases

Geographic and Professional Restriction

A residence permit with work authorization does not always offer complete employment freedom. It may contain restrictions:

Limitation to a geographic area (example: employment authorized only in Île-de-France).
Limitation to a professional category or specific company.
Prohibition from changing profession without new authorization.

⚠️ Employing an employee outside the specified conditions constitutes illegal work.

Employer's Obligation: Check Work Authorization

Every employer in France is legally required to:

Verify work authorization (residence permit, card, visa) before hiring, at latest two working days before starting position.
Keep a copy of the document throughout the contract duration.
Ensure renewal in case of permit expiration.
Contact prefecture to confirm authenticity if necessary.

Failure to perform this check equals knowingly using an unauthorized foreign worker.

Sanctions in Case of Illegal Hiring

Risks for employer are very high:

Criminal sanctions: up to 5 years imprisonment and €15,000 fine per employee.
Administrative sanctions: exclusion from public contracts, reimbursement of state aid, administrative closure.
Civil sanctions: obligation to pay owed salaries, damages and interest.

👉 For the foreign employee, the main risk is an obligation to leave French territory (OQTF).

Best Practices for Employers and HR Departments

To avoid any sanctions, companies are recommended to:

Implement a systematic verification process for residence permits.
Create a tracking table for expiration dates to anticipate renewals.
Train HR teams and managers on legislation regarding foreign employment.
Use immigration law experts to secure hiring.

VisaPref Assists You in Your Procedures

At VisaPref, we help employers and employees secure their administrative situation:

Assistance for work authorization applications and renewals
Emergency resolution of these stressful situations