France halves refusal period for foreign workers' permit renewals

A new French decree cuts from 12 months to six months the period in which a foreign worker's first permit renewal can be refused, from 30 October.

The decree is dated 26 October.

It was published in the Official Journal on 29 October and applies from 30 October.

The decree also changes rules on the time prefectures take to reply, on job losses and on changes of employer.

What changes for workers

Until now, a prefecture could refuse a first renewal if the contract ended within 12 months of hiring.

The decree reduces this period to six months by amending Article R. 5221-36 of the Labour Code.

The refusal does not apply when a worker loses a job through no choice of their own.

It also does not apply when the employer seriously breaks the rules on working conditions.

A change of employer is still possible within six months. The rule only affects the first renewal if the first contract ends too early.

A new job still needs a work permit, which the new employer must obtain.

Rules for Algerians

Algerians are not covered by the general rules for staying in France. The 1968 Franco-Algerian agreement provides for a one-year residence certificate marked 'employee' (salarié).

An Algerian obtains this certificate by presenting an employment contract approved by the administration. The certificate counts as a work permit, which brings Algerians closer to the Labour Code rules.

Algérie 360 reported that the decree does not mention Algerian residence certificates. The report advises checking one's situation with a lawyer before leaving a job within six months of hiring.

Holders of a 10-year residence certificate, or of a card for private and family life (vie privée et familiale), can work without a separate work permit. They can therefore change employer without a separate procedure for that reason.

Who asks for the work permit

The employer, not the worker, must ask for the work permit. Article R. 5221-1 of the Labour Code says so expressly.

An Algerian with an employee certificate must therefore rely on the future employer to start the process.

The new employer files the request online, on the ANEF system, before the worker starts the job. Starting work without this permit exposes both the worker and the employer to serious difficulties.

It is better to wait for the administration's approval before starting. Processing times vary by department and by type of job, according to the report.

A resignation that is too quick can leave the worker with no job and no permit. A change of employer without a new authorisation weighs heavily at renewal.

On 21 April, the Council of State ruled that a renewal request for an employee card without a work permit was incomplete.

The prefecture can refuse to register such a request, and that refusal cannot even be challenged before a judge. The ruling concerned a standard employee card, but Algerians should take the same care, the report said.