Section 2: Flat-rate contribution from employers who have employed an illegal foreign national

The lump-sum contribution representing the costs of removing the foreign national from French territory provided for in article L. 822-2 is due for each employee who is in an irregular situation with regard to the right of residence.This contribution is payable by the employer who, in breach of article L. 8251-1 of the Labour Code, has taken on or employed a foreign worker without a residence permit.

The amount of the lump-sum contribution representing the costs of removing the foreign national from French territory provided for in article L. 822-2 is set by order of the Minister for Immigration and the Minister for the Budget, based on the average cost of removal operations to the geographical area to which the employee is being removed, within the limit prescribed in article L. 822-3.

In the light of the reports sent to him pursuant to Article L. 8271-17 of the Labour Code, the Director General of the French Office for Immigration and Integration shall indicate to the employer, by registered letter with acknowledgement of receipt or by any other means allowing proof of its date of receipt by the addressee, that the provisions of Article L. 822-2 are likely to be applied to him…

At the end of the fifteen-day period set out in article R. 822-4, the Director General of the French Office for Immigration and Integration decides, in the light of any observations made by the employer, on the application of the flat-rate contribution provided for in article L. 822-2. The Minister responsible for immigration is the competent authority for settling the contribution and issuing the corresponding collection order.The debt is recovered…