Change of status: from student to employee

In this text, we will talk about the conditions of permanence for students in France as an employee.

France is known internationally for the quality of its universities, being one of the destinies chosen by students who want to study abroad.

At the end of the studies, it is very common for students to want to stay in the country to develop their professional careers.

In this text, we will talk about the conditions of permanence for students in France as an employee.

First of all, it is necessary to make a point about the students with a master's degree (or equivalent), who are entitled to the creation of a business/job search residence permit, from other students, who must directly apply for an employee residence permit.

1. The business creation/job search residence permit for students with a master's degree.

The possibility of applying for a business creation/job search residence permit (former APS) is open to those who have stayed in France with a student residence permit and have obtained a professional license, a Specialized Master, a Master of Science, or another diploma at least equivalent to a master's degree.

It’s important to underline that the business creation/job search residence permit is a "student" residence permit.

The request can be made to the prefecture of your residence before the expiry of your residence permit, or even up to four years after obtaining your diploma in France.

At the end of your residence permit, you can apply, subject to conditions, for an employee residence permit.

2. The change of status: from student to employee.

The change of status from student to employee can be done either at the end of studies or at the expiration of the business creation/job search residence permit, for those eligible.

This change of status requires the support of your employer, once he must request the work permit application that must be joint to the residence permit request.

A. The new work permit application procedure

Since April 6, the work permit application can be made online, on the site https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/.

The request is made in 8 steps. At the end of the online application, the employer receives a confirmation of the deposit. The file will be analyzed by the OFII according to the law’s criteria for issuing the work permit, namely:

i. The match between the qualification, diplomas, and experience of the foreigner and the job;

ii. The respect, by the employer, of the labor and social protection legislation;

iii. Compliance by the employee with the regulatory conditions for exercising the activity;

iv. Conditions of employment and remuneration comparable to those of another employee; and

v. Enforceability of the employment situation (some exceptions, such as for foreigners eligible for the business creation/job search residence permit).

Given these criteria, the OFII may issue or refuse the work permit request.

It should be emphasized that any employer who hires a foreign worker must pay a tax to the OFII, upon the first entry into France of this foreigner or upon his first admission to stay as an employee.

When the hiring takes place for a period greater than or equal to twelve months, the amount of this tax is equal to 55% of the monthly salary paid to this foreign worker, within the limit of 2.5 times the minimum growth salary. When the contract is for a period of three to twelve months, the amount varies from 74 to 300 € depending on the salary received. For seasonal workers, the tax is modulated according to the duration of the hiring at the rate of € 50 per month of full or incomplete salaried activity.

As soon as the request is validated, the employer receives a secure work authorization electronically.

B. Application for a residence permit

The application for a residence permit must be submitted to the prefecture of your residence following the obtaining of the work permit by your employer.

If you are a foreign student during a change of status, do not hesitate to contact us and we will help you to build a solid case to help your application for an employee residence permit.

Disclaimer: This text is informative and illustrates the law and case law on this subject at the time it was written. It does not have the character of legal consultation and it does not substitute the consultation with a lawyer.