Recruiting foreign workers and dealing with the refusal of a visa application as an employee

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This article provides an overview of the steps involved in applying for a long-stay visa serving as a residence permit (VLS-TS) for an employee and explains how we can assist both employers and future employees throughout this often complex process. Under Article L.312-2 of the French Code on the Entry and Stay of Foreign Nationals and the Right of Asylum (CESEDA), any foreign national wishing to enter France and remain for more than three months must first obtain a long-stay visa.

1. The employer must demonstrate that the position cannot be filled locally

To do so, the employer must show that hiring a foreign worker is necessary, either by advertising the position through France Travail or by demonstrating that the role falls within a recognised shortage occupation.

2. The employer must apply for a work permit

The work permit application must be submitted in accordance with Articles L.5221-2 and following of the French Labour Code.

3. The future employee must apply for a visa

Once the work permit has been granted, the prospective foreign employee may submit an application for a long-stay employee visa, providing the work permit together with evidence of their professional qualifications and experience.

4. What if the visa application is refused?

In practice, visa applications are very frequently refused by French consular authorities, often on the grounds of alleged fraud or an alleged mismatch between the applicant's qualifications and the requirements of the position.

Family ties between the employer and the prospective employee are sometimes relied upon as a reason for refusal. However, such a relationship alone cannot legally justify refusing a visa.

On this point, LEXSTONE AVOCATS successfully represented a client before the Administrative Court of Nantes, which held that:

"The fact that the company manager is a member of the applicant's family does not, in itself, constitute a valid ground for refusing the requested visa. Consequently, Mr A is entitled to argue that the Appeals Commission against decisions refusing entry visas to France made an error of assessment."
(Administrative Court of Nantes, 30 January 2023).

Involving LEXSTONE AVOCATS from the outset of your application significantly increases your chances of obtaining the requested visa, particularly if an appeal before the Administrative Court of Nantes—the court with exclusive jurisdiction over visa refusal cases—becomes necessary.

Please note that the requirements for obtaining a long-stay employee visa (VLS-TS) may vary depending on your nationality and on any bilateral agreements concluded between France and your country of origin, particularly for Algerian, Tunisian, Moroccan nationals and nationals of certain Sub-Saharan African countries.

LEXSTONE AVOCATS, with offices in Puget-sur-Argens and Rocbaron, assists you both with your VLS-TS application and with challenging any refusal issued by the French consular authorities.