Can I change jobs with my “salarié” residence permit ?

The “salarié” residence permit is the common law residence permit for foreigners. Compared to its alternatives designed for a more qualified and therefore desirable public, it doesn’t have much going for itself. In terms of advantages, first : the “salarié” residence permit is upon first issuance valid only one year, against for instance up to four years for the prestigious “talent” residence permit – formely known as “talent passport”, although the code for foreigners and the labor code still mention it as such. For the employer, hiring an individual under “salarié” status can also require the payment of a specific tax, which we remember the hire of “talent passport” crowd has been exempted since 2023.

Formally speaking, also, the “salarié” residence permit is only valid when accompanied with a work permit. The work permit application lengthens the entire process, as it adds extra steps before the visa or the residence permit can be requested. But the work permit also ties the foreigner to an employer from whom he is dependent to obtain and maintain his status. The work permit is a strong reminder that the “salarié” status’ only reason to be is the right to work, which it materializes, and that the foreigner’s sole acceptable reason to be in France is to work. Thus, when the “talent” residence permits grant the right for the family to stay in France with the main applicant, the “salarié” residence permit provides no such inherent right for spouse or children.

And the labor is extremely clear on the matter (or so it seems) : any new work contract must be subject to a new work permit, states article R5221-1. The foreign worker is seemingly tied to the execution of a job without being able to take the initiative to change it. However, this situation ignores the fact that that work permit can be granted for a part time job, and that in this case, the second contract does not require a work permit. In all likelihood, it will be rejected due to the fact that the foreigner already possesses a work permit.

Furthermore, the fact is that the work permit’s adequation with the job will almost always take place during the renewal process of the residence permit. A government instruction dating July 12, 2021, issued by the Ministère du travail confirms that when changing jobs, a new work permit must be issued, but limits itself to “strongly recommending” to apply for it at the moment of hiring the foreigner. This indicates clearly, especially when one is aware that the residence permit processing time can easily reach between 2 and 3 months, that the “salarié” can begin working before receiving the work permit.

In conclusion, we will still advise caution to the foreigner present in France under “salarié” status who wishes to change jobs, especially during the first year of presence in France, reminding he or she that the first renewal of work permit can be refused when the work contract has been breached within the first 12 months following the hire, except in case of dismissal of the employee. This rule, which is written in article R5221-36 of the labor code, is not imperative or any way systematically applied, but it leaves the administration with the room to refuse an otherwise perfectly valid application.