An order by the ministers responsible for immigration and employment sets out the procedures for making the declaration provided for in article L. 5221-9 and its content.
Renewal of the work permit referred to in I of article R. 5221-1 is applied for during the second month before it expires. The renewal application must be accompanied by documents, the list of which is set by joint order of the ministers responsible for immigration and employment. The work permit is renewed for the duration of the employment contract still to run or the assignment still to be completed…
Notwithstanding article R. 5221-32, the validity of the work permit referred to in 2° of I of article R. 5221-3 is extended by one year if the foreign national is involuntarily unemployed on the date of the first application for renewal. If, at the end of this extension period, the foreign national is still unemployed, a decision is taken on his or her application, taking into account his or her…
Renewal of one of the work permits referred to in articles R. 5221-32 and R. 5221-33 may be refused where : 1° The foreign national concerned fails to comply with the terms of the work permit he or she holds; 2° The employer fails to comply with the conditions defined in 2°, 3° and 4° of article R. 5221-20.
The criteria mentioned in article R. 5221-20 also apply when renewing one of these work permits for the first time, if the foreign national is applying for a job in an occupation or geographical area other than those mentioned on the initial work permit.
The first renewal may also be refused if the employment contract was terminated within twelve months of recruitment, except in the case of involuntary loss of employment.
Pursuant to article L. 5221-8, employers must check that the foreign national they intend to employ is legally resident. To this end, the employer shall refer the matter to the prefect of the département in which the employing establishment has its registered office or the individual employer resides. The procedures for implementing this article, in particular the information that may be requested from the prefect and the procedures for referring…
The employer’s request must be sent to the Prefect at least two working days before the effective date of recruitment. The Prefect will notify the employer of his decision by post or e-mail within two working days of receipt of the request. If no response is received within this period, the employer’s obligation to ensure that the work permit exists is deemed to have been fulfilled.
The provisions of articles R. 5221-41 and R. 5221-42 do not apply when the foreign national provides the employer with proof of registration on the jobseekers’ list issued by the institution referred to in article L. 5312-1 or when he/she is in the case provided for in 20° of article R. 5221-2.
When a temporary employment agency has checked that the work permit exists under the conditions set out in article R. 5221-41, this formality is deemed to have been completed for the duration of validity of the residence permit and for any assignment contract concluded between the foreign national and this temporary employment agency.
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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