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France launches online portal for work permits for foreign workers

The French government has announced the launch of an online application service for work permits, in an attempt to ease the process for non-EU nationals hoping to get work in France.

France launches online portal for work permits for foreign workers
Citizens of non-EU countries need work permits for most jobs in France. Photo: Christophe Archambault/AFP

An employer in France who wishes to hire a non-EU national – which now includes Brits as well as Americans, Canadians, Australians etc – has to apply for an autorisation de travail (work permit) for certain types of work.

This is in addition to the employee securing a work visa or residence permit and has traditionally put non-EU workers at a disadvantage, since employers often prefer to avoid the unwieldy bureaucratic procedure if there is an equally qualified EU candidate for the role.

Citizens of EU or Schengen zone countries do not need work permits to take up employment in France.

Now, however the process has become a little more straightforward for employers with the launch of an online portal for work permit applications.

It follows several other procedures moving online including residency cards for certain groups and driving licence swaps as France begins dragging its cumbersome bureaucratic procedures into the digital age.

Announcing the new platform, the Interior Ministry said it was “a new stage in the modernisation process for foreign nationals”.

The ministry added: “Applications will be examined by six inter-regional platforms created when this task was transferred to the Ministry of the Interior as part of the reform of the regional organisation of the State. A seventh national platform is dedicated to processing applications for seasonal workers.

“The préfectures remain responsible for issuing residence permits to the foreign employees concerned.”

Employers can access the new platform HERE from April 6th, 2021.

Who needs a work permit?

Work permits are needed for both permanent and temporary contracts for anyone who does not hold the passport of an EU or Schengen zone nation.

Permits are also required for seasonal work such as people working the ski season, in holidays camps or harvesting, as well as for students who wish to work during their studies.

READ ALSO What are the rules on short-term and seasonal work in France?

If you have more than one employer, each employer needs to apply for a work permit.

However there are some exemptions to the permit requirement. They are;

  • work at a sporting, cultural or scientific event
  • work at a seminar or trade show
  • the production and broadcast of cinematographic and audiovisual works (such as musicians putting on concerts)
  • modelling
  • personal service workers and domestic workers working in France during their private employers’ stay in the country.
  • providing an audit or expertise in IT, management, finance, insurance, architecture and engineering, under the terms of a service agreement or intra-company transfer agreement.
  • occasional teaching activities by invited lecturers

Work permits are different to visas, so even if you are covered by a visa waiver – nationals of many countries including the UK do not need a visa if they are working in the EU for less than 90 days in every 180 – you will still need a work permit if you don’t qualify for one of the exempt sectors listed above.

READ ALSO Work permits and visas – what are the post-Brexit rules for working in France?

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BREXIT

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Brexit really does mean that Britons are no longer EU citizens. Claudia Delpero looks at whether there's any other way they can keep their rights.

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Britons lost EU citizenship when the UK left the EU, on 1st February 2020. 

It is the first time the EU’s top court has rules on the matter, after a number of legal cases challenged this specific Brexit outcome. The decision also sets a precedent should other countries decide to leave the bloc in the future. 

What has the EU Court decided?

The Court of Justice decided on a case brought by a British woman living in France.

Before Brexit, she could vote and stand as a candidate in her town of residence, Thoux. But after the UK withdrawal from the EU, she was removed from the electoral roll and excluded from the municipal elections that took place in March 2020, during the transition period.  

As the mayor refused her appeal to restore the registration, she took the case to the regional court in Auch, which agreed to request an interpretation of the rules to the EU top court. 

Julien Fouchet, the barrister supporting her and several other cases on the EU citizenship of British nationals, argued that the loss of EU citizenship and voting rights was disproportionate. It would also be contrary to the EU Charter of Fundamental Rights, given that the woman also lost her voting rights in the UK, having lived abroad for more than 15 years.

Alice Bouillez, who has lived in France since 1984 and is married to a French national, could have applied for French citizenship, but did not do so because she said “this was not necessary” before Brexit and, as a former UK official, she had taken an oath of allegiance to the Queen.

On Thursday the Court of Justice announced the decision about her case. The court ruled that the “possession of the nationality of a member state is an essential condition for a person to be able to acquire and retain the status of citizen of the Union and to benefit fully from the rights attaching to that status.”

The court therefore confirmed that British nationals automatically lost their EU citizenship as a result of Brexit and, as a consequence, Britons also lost their voting and electoral rights in municipal elections in the EU (unless the country where they live set different rules). 

What is EU citizenship?

EU citizenship was introduced by the Treaty of Maastricht of 1992, when borders were opening and the bloc was integrating economically after the end of the Cold War. 

Under the treaty, every person holding the nationality of an EU member state is a citizen of the Union. EU citizenship is additional and does not replace nationality, the treaty specifies. But this creates the first form of a transnational citizenship that grants rights across borders.

EU citizens have the right to access each other’s territory, job market and services under the principle of non-discrimination. If they are economically active, they have the right to reside in other EU states and be joined by family members, access healthcare at the same conditions of nationals (for emergency treatment also when travelling temporarily), obtain social security benefits and see their professional qualifications recognised.

Beyond free movement, at the core of EU citizenship there are also political rights, such as participating in the European Parliament election, voting and standing as candidates in municipal elections when living in other EU countries, receiving consular protection from other EU states outside the EU, and taking part in European Citizens’ Initiatives asking to the EU to legislate on certain matters. 

Which EU citizenship rights have Britons lost with Brexit? 

For British citizens who were living in the EU before Brexit, the Withdrawal Agreement protects some of these rights. Britons covered by deal have their residence, access to work and education, healthcare, social security and qualifications secured, but only in the country where they were living before Brexit.

But the right to free movement in other EU states, consular protection in third countries, and the political rights attached to EU citizenship were lost, the Court confirmed. 

For British citizens in the UK, the trade and cooperation agreement has preserved some social security rights and, in theory, the possibility to have professional qualifications recognized when moving to an EU country. These provisions however lack details and may take a long time before they work in practice. 

As the “European Union” no longer features on British passports, the possibility to access EU lanes at airports to skip passport control queues has also vanished. 

“The loss of those treasured rights has been clear to those of us living in the EU from the early days of Brexit. But for Brits in the UK, the realities of life outside the EU, and the consequences of Brexit, are only just dawning. Long queues at the borders, roaming charges, obstacles to working abroad, etc. are the new reality,” said Sue Wilson, Chair of the group Remain in Spain. 

While she said the court’s decision was “no real surprise,” she argued that “this is not the Brexit the public were promised, or that the majority voted for.”

Can British citizens get some of these rights back?

Julien Fouchet was disappointed at the Court decision and promised to continue the legal fight, bringing the case at the European Court of Human Rights (which is not an EU institution). 

Other two cases on the matter of EU citizenship for British nationals are still pending at the Court of Justice of the EU. One of them aims to determine whether EU citizenship is a “fundamental status” that cannot be removed but Thursday’s decision could have already provided the answer.

Another option to reconsider some of the rights is the renegotiation of EU-UK trade agreement, when it will be reviewed in 2025. 

Meanwhile, the EU is revising the rules for non-EU citizens living in EU countries on a long-term basis, making it easier to move across borders. 

Applying for citizenship is so far the only option to regain voting rights, although not all EU countries allow dual nationality. 

Sue Wilson, who has long campaigned for the UK to stay in the EU, said: “There is only one way to restore the loss of our rights, and that’s to rejoin the single market, rejoin the customs union, and eventually, rejoin the European Union… Until that day, we will continue to be second class citizens whose rights have been diminished for the sake of an ideology.”

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