Foreign students, new work permit arrangements
Tuesday, 26 February 2008
Further to law no. 2006-911 of 24 July 2006 on immigration and integration, and decree no. 2007-801 of 11 May 2007, a circular dated 22 August 2007 sets out the new arrangements governing work permits.
It itemizes the new provisions governing foreign students working during their studies.
Nb > These new arrangements apply from 1 July 2007, the date on which the decree of 11 May 2007 came into force.Abolition of the temporary work permit and declaration
The law of 24 July 2006 abolished the obligation for foreigners holding a temporary residence permit marked “Student” to hold a temporary work permit.
Employers must file a statement of recruitment with the prefecture that issued the residence permit two working days before the date of hiring, failing which they will be fined for a class-5 offence.
Nb > The statement may be filed either by registered letter with acknowledgement of receipt or by electronic means, and a copy of the residence permit must be attached. In so doing the employer also satisfies his obligation to ascertain the existence of a residence permit at the prefecture, a formality imposed by the law of 24 July 2006.
Authorized number of hours
Article R.341-4-3 of the Labour Code stipulates that a foreigner holding a temporary residence permit marked “Student” can by that token work a total of 964 hours per annum (namely 60% of the statutory annual working time of 1607 hours as stipulated by article L.212-8 of the Labour Code). This period starts as soon as the residence permit is issued.
Checking working time
Compliance with statutory working hours is checked by the prefecture’s services when students renew their temporary residence permits.
Nb > If they exceed the maximum number of authorized hours, their application to renew their residence permit may be refused.
Such checks are also carried out as and when the employer files his declarations of recruitment.
Students not having a residence permit
Students attending a six-month course in a higher education establishment do not have a residence permit but a long temporary 6-month resident’s visa.
In order for them to enjoy the same entitlements as other students, and at their request, the foreign labour services will issue them a temporary work permit covering their period of studies.
Where appropriate, the annual working time of 964 hours is adjusted in proportion to the student’s length of stay in France; therefore for a six-month course it is halved.
