Recruiting foreign employees who are not eligible for the “Passeport Talent” scheme

Due to talent shortage in France or globalization of the services, hiring overseas has become a necessary step for many businesses. With the so-called “Passeport Talent”, France now offers a specific scheme in order to facilitate the recruitment of designated categories of foreign workers (10 categories).

However, sometimes some candidates are not eligible for that scheme, even though the latter hold a skill which is hard to come by in France. In such event, the « introduction of workforce from abroad » (introduction de main d’oeuvre) remains the only option to obtain a French work permit (2 to 3 months processing time).

In addition to that, if the job position in question is not part of the so-called 30 “highly sought-after professionals”,the employment situation of the labor market is enforceable to the work permit applications.

The pitfalls to avoid when the employment situation of the labor market is enforceable to the work permit application

Complying with the formalities related to enforceability of the French labor market is quite long and complicated. One must prove that no French citizen nor any foreign national already available in the French labor market (that is to say, already holder of a work permit) is suitable for the vacancy.

The employer shall have the obligation to publish a job offer over a time period of 5 weeks, and prove to the French Labor Office (DIRECCTE) that the job applications received do not meet the relevant criteria for the job position in question.

When it comes to publishing the job offer, many pitfalls are to be avoided and among which, that of avoiding some applications such as Monster or Indeed. Such job offer shall be drawn up in a specific manner, and it is essential that some key elements must appear in it.

The other issues at stake

Beyond the work permit requirement and when hiring foreign employees, employers shall also consider other issues. The prospective employees must be supported and followed-up in the different formalities relating to the French tax administration, Social Security, the bank and their relocation.

Any projects? We stand alongside you in order to facilitate the mobility of your employees to France or to any other country.