Our experts in Immigration are here to explain everything there is to know on the latest news about Immigration in France and Europe.
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IT’S WORK-STUDY STUDENT SEASON!
So, your collaborator has a “Student” residence permit, and you’d like to offer them a work-study contract.
In this case, work can only start once a temporary work permit (APT: autorisation provisoire de travail) is obtained beforehand from the relevant authorities. Validation from a skills operator (OPCO: opérateurs de compétences) is insufficient.
Effectively, students are only permitted to work on an ancillary basis (964 hours a year for a one-year residence permit – 850 hours for Algerian students).
Since the April 2021 reform, no APT has been required for an apprenticeship contract, if the working hours do not exceed the quota for the right to work authorised on an ancillary basis. This is rarely the case!
On the other hand, an APT remains obligatory to work under a work-study contract.
For Algerian students, in any case, an APT remains obligatory.
NEW DOCUMENT REQUIRED FOR ALL RESIDENCE PERMIT APPLICATIONS
For all residence permit applications since the 17th of July 2024, it is obligatory to attach a signed and completed commitment contract to respect the principles of the Republic (“Contrat d’engagement à respecter les principes de la République française”).
Since this date, our teams have been adding this document when putting together application files and every application that has been submitted has included this document.
This commitment contract is now a condition of the issuance of the residence document and can warrant its withdrawal in the event of its non-respect.
ANEF UPDATES
The national platform for paperless administration, ANEF (Administration Numérique pour les Étrangers en France), has been set up to eventually handle all formalities relating to the residence of foreign nationals.
Since the 4th of July 2024, residence card renewal applications (provided for in ordinary law and bilateral agreements) and permanent residence permit applications can now be completed on ANEF.
THE IMPACT OF THE GEOPOLITICAL SITUATION IN THE MIDDLE EAST
As Tensions in the Middle East regularly impact mobilities and have notably been holding up your collaborators’ visa application procedures and air travel.
Currently, the Consulate of Iran is the most impacted. No appointments are available to submit a visa application, regardless of the status required.
A waiting list has been put in place, but currently none of the applications from the files we handle have been cleared.
We’re keeping a close eye on the situation, but it’ll be necessary to consider this for your current and future mobilities.
PRIOR AUTHORISATION FOR WORK ABROAD REQUIRED BY THE PHILIPPINES
The Philippine authorities now require the prior obtention of an “Overseas Employment Certificate” (OEC) to allow nationals to leave the country to work abroad.
This is regardless of whether the future host country has issued its own work permits and visas.
The “Philippine Overseas Employment Authority” (POEA) must attest to the validity of the work visa beforehand, as well as to the respect of minimum standards for the work conditions and salary of the applicant.
These in-country formalities may take several weeks and delay mobilities. This is something you’ll need to anticipate with your collaborators.
Our experts are available to help, so don’t hesitate to get in contact with them!
