Section 6: Control of work permits

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.

The declaration made by the employer in application of article R. 5221-27 for the recruitment of a foreign national holding a temporary residence permit or a visa for a stay of more than three months mentioned in 11° of article R. 5221-2, bearing the word “student”, is deemed to be the completion of the verification of the existence of work permits, in the absence of a response from the Prefect…

The work permit must be presented without delay at any request from the authorities mentioned in article L. 8271-17.