Hiring international students under apprenticeship or professionalisation contracts in France

It can be highly beneficial for a company based in France to offer foreign students an apprenticeship or professionalisation contract within its teams. For the employer, it represents an opportunity to train high-potential young people, as they often have already completed a first cycle of studies in prestigious institutions abroad, while building a pool of future candidates for long-term recruitment.

For foreign students, it is an opportunity to further their education in a different cultural environment while gaining meaningful professional experience. However, all steps of the procedure must be carefully anticipated, and all obligations must be respected. An apprenticeship or professionalisation contract often means that the foreign student will work beyond the authorized quota of working hours allowed under “student” status.

The quota of working hours permitted for students as an ancillary activity is 964 hours per 12 months (except for Algerian nationals: 850 hours/12 months). Employers must calculate both the hours spent in the company and the hours spent in training to ensure this quota is not exceeded. If exceeded, additional procedures will be required.

Nota Bene: Students who are nationals of a European Union member state benefit from the free movement of workers and are therefore not subject to these requirements.

Employer’s obligations and procedures when hiring a foreign student under an apprenticeship contract

The candidate’s nationality and the type of contract offered determine the required procedures.

According to the French CESEDA code, a foreign student can start work if they hold a temporary or multi-year residence permit marked “student.” They must also have a validated apprenticeship contract approved by the relevant authority.

In practice, experience shows that while written approval or validation of the contract by the OPCO is mandatory, this requirement does not replace the need for a provisional work authorisation (APT), if applicable.

• If you wish to offer an apprenticeship contract: First, obtain OPCO approval, then calculate total hours spent in the company and in training. If the total exceeds 964 hours in 12 months, the employer must apply for a provisional work authorisation (APT). They must submit this request to the relevant authorities before the contract start date. Additionally, the residence permit must be authenticated. If the total remains below 964 hours, only the residence permit authentication is required.
  
• If you wish to offer a professionalization contract: OPCO approval must be obtained. Then, the employer must systematically request a provisional work authorisation (APT) before the contract start date. The residence permit authentication must also be completed.
  
• If the candidate is an Algerian national: OPCO approval is required. The employer must systematically request a provisional work authorisation (APT), regardless of the type of contract (apprenticeship or professionalisation), before the start date. Residence permit authentication must also be carried out.

Key points to consider when hiring foreign students under an apprenticeship

While it is possible to hire foreign students under apprenticeship schemes, the process is highly regulated.

First-time students in France (primo-arrivants):

Since April 2021, students in their first year in France with a D visa (first-time arrivals) can take an apprenticeship contract. This applies to those enrolled in a Master’s program. Foreign students who do not meet these conditions must complete at least one year of initial studies in France. They become eligible for an apprenticeship from their second year of study onwards.

Compliance with labor law requirements:

• Age: Apprenticeships and professionalisation contracts are reserved for young people. The professionalisation contract is for students aged 16–25. Apprenticeships are open to students up to age 29, with exceptions for job seekers over 26 and certain beneficiaries of social assistance.
  
• OPCO validation: Apprenticeship contracts must always be validated by the local OPCO before applying for a provisional work authorisation (APT).
  
• Link between apprenticeship contracts and additional work rights: The APT authorises work beyond the standard ancillary hours quota. Because of this, you cannot combine an apprenticeship contract with a separate fixed-term contract (CDD).

Monitoring deadlines:

The validity of the APT is generally linked to the residence permit’s validity. Renewals must be anticipated through an internal monitoring system to track the expiration of work and residence documents.

Risks and penalties for lacking a valid provisional work authorization

For the employer:

Employing a foreign national without a valid residence and work permit can lead to serious consequences. The employer may face up to 5 years in prison and a €30,000 fine per employee. If the offense is committed as part of an organized group, penalties become more severe. The employer can face up to 10 years in prison and a €200,000 fine.

Additional risks include:

• Withdrawal of public subsidies
• Exclusion from public tenders
• Strained relations with authorities (blacklisted organisation)
• Reputational damage

For the foreign student:

• Non-renewal of residence permit
• Refusal of status change
• Obligation to leave France (OQTF) and entry ban