International Students
Working during your studies
The residence permit marked “student” entitles the holder to work up to a maximum of 60% of the annual working time, ie 964 hours (article L.313-7 Of CESEDA, Articles R.5221-8, R.5221-26 to R.5221-28 of the Labor Code).
This period begins to run from the issue of the residence permit.
Failure to respect hours of work is severely punished. The Prefecture may withdraw or refuse the renewal of the temporary residence permit to the student who does not respect the limit of 60% of the annual working time (article L. 313-5 of CESEDA).
Respect for working hours may be checked by the Prefecture services at the time of the renewal of the “student” temporary residence permit.
Update on apprenticeship contracts
Apprenticeship is expanding itself in France and offers the opportunity to work both in school and in a corporate environment.
There are two types of apprenticeship:
– The professional training contract
– The study contract
They are both included in the labor law code and are meant to support professional integration. However, many international students face some difficulties to enter these contracts especially when they need a work permit. Indeed, they usually deal with undue long administrative procedures that are not justified since they are legally enrolled in a French training program.
The conditions for apprenticeship training of foreign students changed on November 1st 2016. Since then, apprenticeship contracts with foreign students are subject to the new provisions of Article R.5221-7 of the Labor Code, which provides that a foreign student, who detains a student resident card, may conclude an apprenticeship contract after a first year of residence.
This therefore excludes « primo-arrivants » (first time visitors i.e. students who enter into an apprenticeship contract during their first year of study in France).
Students who plan to come to France to pursue an apprenticeship training must know that they will be denied a work permit during their first year of studies in France.
Students who plan to come to France to pursue an apprenticeship training must know that they will be denied a work permit during their first year of studies in France.
Some students may be confused by the contradictory position of certain French authorities, who will issue them a student visa when the intended training is not available to them as a first-time visitor. Upon arrival in France, students will encounter difficulties in obtaining a work permit, which will jeopardize their training and, eventually, the renewal of their residence permit.
Working after your studies
An international student who holds a diploma at least equivalent to the master’s degree may apply for a temporary residence permit (APS) for a twelve-month non-renewable period, in order to complete his / her training with a first professional experience, without restriction to a single job or to a single employer.
The student must apply for the APS before the expiry of his / her student resident permit. The presentation of his/her diploma may be deferred to the date of which APS is delivered.
During the period of the APS, the student is authorized to seek and to exercise a job in connection with his training. He may take up any salaried employment of his choice within the limit of 60% of the statutory working hours, ie 964 hours. The remuneration must be equal at least to 1,5 SMIC – minimum wage.
After twelve months, the student who has a job or a promise of employement and who fulfills the above conditions may be allowed to stay in France. The other conditions for the issuance of the work permit remain applicable. In particular, the remuneration proposed to the student must be at least equivalent to the salary of a French employee holding the same job, and the proposed job must be related to the diploma and to the qualification of the student. He/She obtains a worker residence permit called “titre de séjour salarié” (article L. 311-11 of the CESEDA).
After twelve months, the student who has a job or a promise of employement and who fulfills the above conditions may be allowed to stay in France. The other conditions for the issuance of the work permit remain applicable. In particular, the remuneration proposed to the student must be at least equivalent to the salary of a French employee holding the same job, and the proposed job must be related to the diploma and to the qualification of the student. He/She obtains a worker residence permit called “titre de séjour salarié” (article L. 311-11 of the CESEDA).
On the other hand, if the employment contract provides for a remuneration of less than 1.5 SMIC, the student must file an application for a change of status (« changement de statut ») with the prefecture.
This application is dealt with under the conditions of ordinary law and the employment situation is perfected, which means that it will be necessary to demonstrate that there is a shortage of labor in this sector of activity or the employer encountered recruitment difficulties.
Applications must be lodged within two months of the expiry of the residence permit, including until the last day before the expiry of that title.
