Multi-year “salarié” residence permit in France: can you change jobs or employers without a new application?

A foreign employee receives a better offer, a company wants to promote a team member to a new role, a group organises a transfer between two of its subsidiaries. These situations are common. Yet for holders of a multi-year residence permit bearing the “salarié” (employee) mention, they raise a question many people discover too late: is a new work authorisation required?

In the vast majority of cases, the answer is yes. In our practice, this is also one of the most frequent sources of irregular situations, very often arising in good faith.

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A four-year permit, but not a “free” work permit

The multi-year “salarié” card is generally issued for four years, after an initial one-year permit. Its length often gives a sense of settled status: the employee assumes they can change roles or companies like any other worker, and the hiring employer assumes that a valid residence permit is enough.

That is not the case. The French Labour Code sets out a simple principle: every new employment contract entered into with a foreign national requires an application for work authorisation (Article R. 5221-1). The holder of a “salarié” card works within the terms of the work authorisation granted to them (Article R. 5221-3). That authorisation is tied to a specific employer and a specific job.

The multi-year “salarié” card is not one of the permits that serve as, or exempt from, a work authorisation (Article R. 5221-2 of the Labour Code). It grants a right of residence for work purposes, but does not allow the holder to work for any employer of their choosing.

When is a new work authorisation required?

A change of employer. This is the clearest case. Whether the employee resigns to join another company or is transferred within a group, the new employer must obtain a work authorisation before the employee starts in the new position.

A change of role with the same employer. This is often overlooked. Where the new job falls outside the terms of the original authorisation (a different occupation, different duties, a different level of qualification), a new authorisation should in principle be requested.

Simple changes to the contract (a pay rise, adjusted working hours, an administrative amendment) do not, in principle, require any formality where the occupation remains the same. The line between a change with no consequence and a genuine change of role is not always obvious, and this is where mistakes happen.

There is good news: for holders of a multi-year “salarié” card, the procedure is simplified. The labour market test does not apply, so the employer does not have to show that no suitable candidate could be found on the job market. The other conditions are still reviewed, in particular the compliance of the employment contract and the level of pay.

Not to be confused with “talent” and family-based permits

Some permits do allow the holder to change employers without a work authorisation. These include the resident card (carte de résident), the “vie privée et familiale” (private and family life) card and the “talent – salarié qualifié” (talent – skilled employee) card. For the latter, however, the new job must continue to meet the conditions of the permit, in particular the minimum salary threshold.

Before any internal move or new hire, the first step is therefore to check the exact mention on the employee’s residence permit. That mention determines the employer’s obligations.

What are the risks?

For the employer, employing a foreign national without a valid work authorisation is prohibited (Article L. 8251-1 of the Labour Code). This exposes the company to a specific financial penalty and to criminal prosecution, even where the employee otherwise holds a valid residence permit.

For the employee, the risk usually materialises later, when the permit comes up for renewal. The prefecture reviews the application in light of the job actually held and the work authorisation attached to it. An unregularised change of employer can then hold up, or even jeopardise, the renewal.

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The change has already taken place without authorisation: what now?

This is the situation we encounter most often. The employee changed companies or roles a few months ago, sometimes longer, without anyone realising that a new authorisation was needed.

The situation can still be put right. In practice, a work authorisation application filed late, after the employee has started in the new role, is accepted and processed by the authorities.

Above all, it must be done, and as early as possible. A voluntary step by the employer and the employee demonstrates their good faith, which the authorities do take into account in practice, particularly when the permit is renewed. Letting the situation drag on, by contrast, only increases the risk for both the company and the employee.

How a regularisation application is presented matters. Each situation calls for its own analysis: the nature of the change, the timeline, the permit’s expiry date and the employer’s standing with regard to its social security obligations. We recommend having the file reviewed before anything is submitted.

The specific case of involuntary loss of employment

Where the contract is terminated at the employer’s initiative, for example through dismissal, the card is not withdrawn. The employee keeps their right of residence and may look for a new job. The future employer will nevertheless have to obtain a work authorisation before hiring them.

Key takeaways

The multi-year “salarié” card does not allow the holder to change employers freely.
Every new employment contract requires a work authorisation, applied for by the employer before the start date.
A change of role with the same employer may also require one.
The procedure is simplified: the labour market test does not apply.
Late regularisation remains possible and is accepted in practice. It should be started without delay, to demonstrate the good faith of both employer and employee.

How LexCase can help

The Immigration & International Mobility practice at LexCase works with the HR departments of employers and with employees alike. Our aim is to find tailored, secure solutions that comply with the French regulatory framework for work-based immigration. We act ahead of a recruitment or internal move, to regularise a past situation, or to secure the renewal of a permit.