Recruitment of
a foreign student
When a company in France recruits a foreign student, it has to go through a number of administrative procedures. Recruiting a foreign student has a number of advantages for the company: in addition to the skills they bring with them, they are familiar with the French language and culture and are already present in France.
Why entrust us with your foreign student recruitment file?
We help companies maximise the chances of success in recruiting their valuable student candidates, whom they have often found very difficult to secure. We increasingly assist businesses that, recognising the value of these talents, are implementing Graduate Programmes.
Recruiting a foreign student is highly regulated and involves numerous mandatory administrative formalities, often lengthy and cumbersome to manage:
- We optimise processing times.
- We simplify the labour market test procedure (where applicable).
- We reassure candidates who particularly fear this stage.
Call on us to help you with the administrative formalities for your foreign students!
All our services for recruiting foreign students
We handle thousands of cases related to foreign students’ employment on behalf of our clients, and have thorough expertise in these procedures and timing.
We assist you with all formalities related to foreign students’ work permits:
Key specificities of recruiting your foreign students
The change of status from student to posted worker is the main immigration procedure allowing foreign students to work. There are also many other formalities that may vary depending on the student’s status (fixed-term or permanent contract, secondary employment, work-study, internship).
A few key points to keep in mind:
- The employment of foreign students is highly regulated.
- These procedures are linked to the obtaining of their diploma and the validity of their student residence permit.
- Timing is crucial, and this process, even more than others, requires careful anticipation.
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- Proposal of a tailored procedure
- Customised quote
- Launch of the procedure, with end-to-end support from a dedicated contact person
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Your questions
To ensure that the recruitment of a foreign student is possible within a company in France, it is necessary to check whether any administrative formalities must be completed prior to starting the position, notably:
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Verify that the foreign student is enrolled in a higher education institution (or a professional school in France);
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Verify if they reside in France, holding a valid residence permit bearing the mention “student”.
The company must also ensure that the type of contract offered (apprenticeship contract or professionalisation contract) meets the applicable criteria and is intended for a foreign student who has already resided in France for one year.
Exception: An apprenticeship contract may be offered during the first year of residence to a foreign student if they can prove enrolment in a training course leading to a diploma conferring a Master’s degree/Level I certified by the Conférence des grandes écoles or a professional bachelor’s degree.
Any recruitment of a non-European work-study student involves a verification and validation procedure of the contract with the Competency Operator (OPCO) of the place of employment – according to the applicable collective agreement.
Once the OPCO procedure is completed, the apprenticeship contract does not necessarily require obtaining a prior Provisional Work Authorisation (APT) if the time spent in training (school) and in the company is below the authorised accessory work limit of 964 hours per year.
However, a prior request for a Provisional Work Authorisation (APT) must be submitted via the ANEF platform (Digital Administration for Foreigners in France) systematically in the following situations:
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Apprenticeship contract where the time spent in training (school) and in the company is equal to or exceeds the accessory work limit;
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Professionalisation contract;
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The student is of Algerian nationality.
It may be beneficial for a company to offer a permanent contract (CDI) to a foreign student if they have completed their studies and are seeking employment in France, especially for certain jobs experiencing labour shortages (industrial maintenance, IT, hospitality, technical jobs, personal care and services, etc.). Employing a foreign student already in France is much simpler than hiring a foreign worker from their country of origin (there is no immediate need to request a work authorisation from the OFII).
The employer can initially hire them on a part-time CDI under their student status, then apply for a status change at the appropriate time.
A foreign student holding a valid student residence permit can sign a CDI as long as they respect the limit of 964 hours of work per year (approximately 20 hours per week), and never full-time. If the employer agrees to part-time work, a new contract can be signed without issue.
To work full-time, the student must change their status by applying for a change of status to “employee” with the prefecture.
If they wish to convert their CDI into a full-time job, they must:
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Obtain from the employer a full-time job offer;
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Submit a request for a change of status to “employee” to the prefecture.
To allow the hire, the administration verifies the match between their diploma and the proposed job, the salary (at least equal to the national minimum wage—SMIC—or more depending on the position), and the labour market situation (except for certain jobs in shortage).
The administrative situation of Algerian nationals does not fall under common law but under a 1968 Franco-Algerian agreement.
This agreement has never really been updated and thus, at the time, did not provide for provisions such as the Talent status, provisional residence authorisation, post-study job search card, intra-group immigration statuses, nor shortage occupations.
The recruitment procedure for an Algerian student is therefore unique, as only the classic “employee” immigration procedure applies, with labour market opposition.
Foreign students are authorised to work 964 hours per year, which corresponds to approximately 20 hours per week on average (except Algerian students, who are authorised to work 850 hours/year).
Legal conditions:
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The student must be enrolled in a higher education institution in France;
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They must hold a valid residence permit with the mention “student”;
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The work must not interfere with their studies, hence the imposed hourly limit.
Types of jobs:
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The student can undertake temporary or part-time jobs, whether in the public or private sector. The types of jobs are quite varied: catering, service, tutoring, etc.;
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Some sectors may require additional authorisations, notably regulated sectors.
Social rights and remuneration:
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Foreign students have the same social rights as French workers, including the right to the SMIC (minimum wage) and Social Protection;
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Work must not be their main activity, as their presence in France is primarily justified by their student status.
Exceptions:
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Some students (such as those from specific programmes or certain nationalities, like Algerian students) may be subject to different rules, such as the obligation to apply for a work authorisation.
Depending on the duration of the residence permit, the authorised work hours quota must be prorated. It is crucial to complete the prior declaration of authentication and to carefully check the quota of hours with your employee.