In a context of globalization and talent shortages, many French companies are choosing to recruit internationally. However, this approach requires a thorough understanding of the administrative and legal procedures governing the employment of foreign employees. Here are the main steps to follow in order to put together a solid application.
1. Identify the right legal framework
There are two main ways to recruit a foreign executive:
- The Talent Passport. This is intended for qualified individuals or those in strategic positions within a company. There are several subcategories: In this case, the application is made directly via the “Talent Passport” visa at the French consulate in the country of residence.
- Qualified or highly qualified employee: reserved for individuals with a degree equivalent to a master's degree and earning above a certain legal threshold.
- Employee of an innovative company: intended for executives or engineers recruited by an organization recognized as innovative by the Ministry of Economy.
- Standard work permit: if the profile does not meet the Talent Passport criteria, the company must apply for a work permit on the Ministry of the Interior's dedicated platform. Once the permit has been granted, the employee applies for a long-stay visa marked “employee.”
It should be noted that recruitment under the Talent Passport does not require a work permit application.
2. Put together a complete and coherent application
The application must demonstrate the seriousness of the approach, the reality of the position offered, and the candidate's qualifications. It will include, in particular:
- The signed employment contract or letter of intent to hire.
- Proof of the candidate's qualifications: diplomas, certificates, and attestations.
- Verified professional references, including previous experience, level of responsibility, and relevance to the position offered.
- The company's trade and companies register (RCS) or SIRET number.
- Proof of remuneration in accordance with legal and contractual thresholds.
- A statement of the company's economic need (if applicable).
3. Anticipate deadlines and formalities
Deadlines may vary depending on the candidate's country of residence and the category of permit applied for. It is advisable to prepare the application several months in advance, check that the supporting documents are consistent, and scan everything to facilitate tracking on administrative platforms.
4. Seek assistance from a specialized lawyer
Regulations governing professional immigration change regularly. A lawyer specializing in immigration law and international mobility can ensure each step of the process is secure, verify the candidate's eligibility, prepare the visa application, and follow up until the residence permit is issued.
In conclusion, putting together a successful international recruitment file means anticipating, verifying, and justifying. Between the Talent Passport and the traditional work permit, choosing the right option will depend on the candidate's profile and the company's strategy. Rigorous legal support remains the key to a successful procedure.
For assistance with your international recruitment efforts, contact FB Avocat, a law firm specializing in international mobility and professional immigration.
Bordeaux : 11 rue Galin, 33100
Paris : 7/11 Pl. des Cinq Martyrs du Lycée Buffon, 75014
Dakar : 14 rue Woro Fila
+33 985401864 / +221 77 173 69 05
contact@legalfb-avocat.fr
www.fb-avocat.net
