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Migration and corporate matters

The gradual implementation in French law of a preferential regime in terms of access to residence and work for foreign nationals wishing to work in France stems from a simple observation: more and more French companies are resorting to recruiting abroad.

Whether this recruitment is motivated by ambitions to develop their business internationally or by the mastery by these international talents of specific techniques which are not taught in France, these companies have the same need: bringing their future employees to France as quickly as possible and at a lower cost.

To this end, French law has adapted the conditions of access to residence for foreign workers. However, depending on their degree of qualification, two distinct regimes are now applicable to such workers.

Even after the introduction of foreign nationals in France, the modalities of their employment also raise difficulties.

Indeed, the employer is responsible for constantly ensuring that the conditions of employment offered to these foreign employees comply with the regulations on residence and work.

For example, they may not employ a foreign student beyond 60% of the legal annual working time.

In case of non-compliance with this regulation, numerous sanctions can be imposed on the employing company. Hence, there is a real need for companies to benefit from assistance at each stage of the hiring and employment of a foreign employee.

EXILAE Avocats has the necessary expertise to assist companies in France wishing to recruit abroad or to employ foreign nationals already present in the country.

Our lawyers and legal experts, trained and experienced in the field of immigration law, will provide you with help and advice in all your dealings with the authorities in France and abroad. 

Practice areas

Recruiting a foreign employee
  • The introduction procedure
  • Risks and sanctions related to international recruitment
  • The obligations relating to international recruitment
  • The specificity of residence permit verification
Recruiting a foreign employee who lives in France and is legally resident
  • Recruiting a foreign employee
  • Recruitment of students
  • Administrative procedures
  • Taxes
  • Administrative sanctions and how to challenge them
  • Change of residence permit
  • Recruitment of asylum seekers
  • Types of employment contracts
  • Risks involved in recruiting a legally resident foreign employee
  • Talent passport and change of title
Recruiting a foreign employee who is living in France illegally
  • Recruiting an employee with no work permit
  • Obligations of the employee
  • The situation of holders of a residence permit application receipt
  • Assisting the company in its regularisation strategy
  • Obligations of the employer
  • Support process for regularisation
  • The situation of holders of an expired residence permit
  • Assisting the company in dealing with the OFII or the Labour Inspectorate
Amendment of a foreign employee's employment contract
  • Renewal of an application for a residence permit
  • Problems related to the trainee
  • Change of employer
  • Issues related to recruitment and contracts based on Passeport Talent residence permit
  • Problems related to the company's manager
  • Change of status
  • Issues related to recruitment and contracts based on “employee” or “temporary worker” residence permits
Litigation
  • Litigation related to an OFII (French Office of Immigration and Integration- Office français de l'immigration et de l'intégration) inspection
  • Criminal employment litigation
  • Litigation related to a Labour Inspectorate inspection
  • General administrative litigation

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