Hiring a foreign employee

More and more companies are hiring foreign employees to diversify their skills and enrich their organizational culture.

However, this is a process that involves certain administrative and legal steps that vary according to the foreign worker’s situation.

Depending on whether the employee comes from an EU member state, resides in France or is completely outside Europe, the employer must understand and manage a number of essential formalities.

Find out everything you need to know here about hiring a foreign employee, and how to successfully complete the recruitment process.

Why hire a foreign employee for your company?

Recruiting leaders of tomorrow on an international scale offers significant advantages for a company:

Develop the company on the international market: recruiting a foreign employee provides access to foreign market profiles, networks and resources that would otherwise be difficult to access;
Find new talent: by deciding to hire internationally, the company expands its list of potential candidates, and can therefore target profiles that match its expectations exactly;
Reduce costs: when hiring a foreign employee, the company benefits from remuneration conditions specific to the new labor market. By recruiting in an area where salaries are lower, you can save money;
Benefit from cultural diversity: by recruiting in a new market, the company gains access to a variety of cultures and perspectives. This diversity brings a number of advantages, not least the ability to easily find innovative solutions that accelerate the organization’s success. In recent years, diversity has also become a decisive factor for attracting talent during recruitment;
Take advantage of foreign languages: the ability to communicate in several languages can improve understanding between the company and its international customers or partners, strengthening commercial ties.

Hiring a foreign employee has a number of advantages for the organization, in terms of team management, commercial relations and business growth.

As a general rule, it is advisable to employ people from the countries in which you wish to set up in order to increase your chances of success in the new business landscape.

However, before taking a look at the procedure for recruiting a foreign employee, it is essential to familiarize yourself with the definition of the term “foreign employee”.

What are the different scenarios when hiring a foreign employee?

A foreign employee is an individual who is employed by a company located in a country other than that in which he or she is a native or permanent resident. The procedure for hiring such an employee varies depending on whether the company is looking for one of the following profiles.

European foreign employee

A European foreign employee is a person who holds the nationality of a member country of the European Union (EU) or the European Economic Area (EEA), but who works in a country other than the one from which he or she originates.

These are EU or EEA nationals who can work in any member country without a work permit. They can also benefit from the same conditions as citizens of the region in which the company hiring them is located.

Non-European foreign employee residing in France

A non-European foreign employee residing in France is a person who is not nationalized in one of the EU or EEA member countries, but who lives in France. They are authorized to work in France, but only if they have a valid residence permit and work permit.

Since these employees are already resident in France, this presupposes that the above-mentioned documents were issued to them by the French authorities at the time of their tenure. The employer is therefore not obliged to take part in this procedure.

Non-European foreign employee not residing in France

People with this profile are not nationals of an EU or EEA country, nor do they live in France. To recruit them, the company must go through a specific procedure to introduce them to the country.

In this case, the entire process falls to the company. So it’s important to check that this alternative will be economically viable in the long term before taking the plunge.

What are the formalities involved in hiring a foreign employee?

The formalities involved in hiring an employee depend on the employee’s status. They will be more or less straightforward depending on whether or not the worker is already established in France.

Case of a foreign European employee

European citizens can take advantage of the European Union’s law on the free movement of persons. This law stipulates that any individual from an EU country can move to another EU member state to settle and work freely.

This simplifies the formalities involved. All the employee needs is a valid identity document and proof of employment. If the employee has been in the country for five years without interruption, he or she is no longer required to provide such proof.

For the employer, the steps involved in hiring a foreign European employee are the same as those for recruiting French employees. First, the employer must declare the new employee, checking that he or she is registered with the CPAM or MSA and has a social security number.

Next, the company must ensure that the foreign European employee is registered with the labor inspectorate, entered in the single personnel register and affiliated to a supplementary pension scheme.

It’s worth remembering that it’s in the organization’s interest to complete all these steps before the foreign employee is finally hired. This improves the candidate experience and testifies to the seriousness of the company.

Case of a foreign employee present on French territory

Before hiring a foreign employee residing in France, the company must carry out a number of checks. Firstly, it must ensure that the residence permit provided by the future employee is genuine.

This check should be carried out at the prefecture responsible for the place of employment, at least two days before the employment contract comes into force. It can also be carried out by e-mail, attaching a copy of the aforementioned document.

If, after 2 working days, the prefecture does not respond to the request, the employer can consider that the foreign employee’s residence permit is authentic. He can then proceed with the declaration prior to hiring (DPAE).

Please note that if your residence permit does not already include a work permit, you will need to initiate the process to obtain one after authentication. The following residence permits already include work authorization:

The “skills and talents” residence permit;
The temporary “private and family life” card;
Residence permit valid for 10 years;
Long-term visas ;
Temporary residence permits for students.

Hiring a foreign employee holding one of these documents is greatly simplified, as the company is no longer obliged to apply for a work permit.

Case of a foreign employee not resident in France

In this case, the company must obtain a work permit for its foreign employee. It should be remembered that, as the employee is not resident in France, he or she does not have a residence permit or visa.

As a first step, the employer must ensure that the employee has a valid residence permit allowing him or her to live in France. If this is one of the documents listed above, the company is no longer required to apply for a work permit.

However, it is more likely that the foreign employee will first come into possession of a residence document that does not require a work permit. This may be :

A residence permit for temporary workers ;
A multi-annual seasonal residence permit ;
A temporary or multi-year employee document ;
An asylum seeker’s certificate (valid for more than 6 months);
A student residence permit.

As a result, the employer will have to initiate an introduction procedure in order to obtain an APT (Autorisation Provisoire de Travail).

It has to be said that when it comes to hiring a foreign employee who is not resident in France, the entire procedure falls to the company. This means it will have to spend considerable resources.

It must therefore ensure that international recruitment is a real asset for its organization, and that it will succeed in the process of retention of employees to justify all expenses incurred.

How do I obtain a work permit to hire a foreign employee from outside the EU?

To obtain the work permit required to recruit a foreign employee from outside the European Union, the company must provide certain supporting documents, which vary according to the employee’s status.

First of all, a job offer must be published on an official website for a period of 3 weeks. This obligation does not apply to jobs in short supply. In this case, you can apply directly.

The employer then submits an instruction file. This important step in hiring a foreign employee is carried out online via a website set up by the French Ministry of the Interior. The file must include the following documents:

A cover letter detailing the duties involved in hiring the foreign employee;
An up-to-date K.BIS extract for a legal entity, or a K extract, tax notice or artisan’s certificate for an individual;
A copy of the employee’s passport or other identity document;
Copy of valid residence permit ;
The employee’s CV ;
A copy of the attestation de déclaration préalable de détachement (in the case of a secondment).

Once the application has been processed, the French authorities decide whether or not to authorize the foreign employee to work in France. Sometimes, the validity of the work permit is limited to a specific geographical area or professional activity.

What strategy should you use to successfully recruit foreign employees?

The ability to apply for a permit and support the integration process is not enough to successfully hire a foreign employee. Indeed, the company must be able to put in place relevant strategies to effectively attract potential candidates.

Tailor your advertisement to the search for foreign talent

The first strategy is to adapt therecruitment ad the context in which the foreign employee is hired. It must be accessible and, above all, attractive to the target audience.

To achieve this, the offer must be written in such a way as to leave a good first impression on the candidate and reinforce the employer brand. The language used should be clear and specific to the field of work.

It is advisable to avoid typical French expressions that might be unfamiliar to non-French speakers. The advertisement should also specify whether the company will offer assistance in obtaining a work visa, or whether it will take charge of certain procedures.

Opting for appropriate communication

To increase the chances of successfully hiring a foreign employee, employers must also adapt their communications. The organization must ensure that the means and channels of communication used really reach their target audience.

For example, she can use video pitches and interviews to take the time to get to know the candidate, wherever he or she may be in the world. She can also use other methods to guarantee constructive feedback that will help the candidate improve and feel valued.

Thanks to these precautions, the company improves the candidate experience and, above all, lays the foundations for reduce turnover when it comes to international recruitment.

Don’t overlook regulatory and legal issues

It’s very important to take legal and regulatory issues into account when hiring a foreign employee. The company must familiarize itself with the laws of the country of origin of its future employee, and in particular with immigration laws.

It is also crucial to check that the process used to recruit a foreign employee ensures a certain equality of opportunity and is non-discriminatory.

Investing in integration

When the decision is made to hire abroad, you need to be prepared to put in place a solid integration plan that takes into account the particular needs of foreign employees. Training in local culture and corporate culture is essential.

Employers can also support their new employees by taking part in certain administrative procedures, such as taking out health insurance or obtaining a social security card.

When hiring a foreign employee, the employer must also consider investing in well-being in the workplace. From the outset, you need to provide the employee with the resources required for integration, while taking cultural differences into account.

This last element can be integrated, for example, into team working events, for example, to prepare in-house teams for working with employees from a different culture.