Section 3: Issuing work permits

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D5221-21-1R5221-17R5221-18R5221-19R5221-20R5221-21R5221-22

Article R5221-20

French Labour CodeIn force
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Updated 2 Nov 2023

Work authorisation is granted when the application meets the following conditions:

1° With regard to the proposed job:

a) Either this job comes under the list of short-staffed occupations provided for in the article L. 421-4 du code de l'entrée et du séjour des étrangers et du droit d'asile et établi par un arrêté conjoint du ministre chargé du travail et du ministre chargé de l'immigration ;

b) Or the offer for this job has been previously published for a period of three weeks with the organisations contributing to the public employment service and it has not been possible to satisfy it with any application that meets the characteristics of the job offered ;

2° In the case of the employer referred to in II of Article R. 5221-1 of this Code:

a) It complies with the social reporting obligations associated with its status or activity ;

b) It has not been the subject of a criminal conviction for illegal employment as defined by article L. 8211-1 or for having disregarded general health and safety rules by virtue of article L. 4741-1 and the administration has not noted any serious failure on its part in these matters;

c) He has not been the subject of an administrative penalty imposed pursuant to Articles L. 1264-3 and L. 8272-2 to L. 8272-4 ;

3° The employer, user or host company and the employee meet the regulatory conditions for carrying out the activity in question, where such conditions are required;

4° The remuneration offered complies with the provisions of this Code on the minimum growth wage or with the minimum remuneration provided for by the collective agreement applicable to the employer or host company;

5° If the foreign national holds a residence permit bearing the wording "student" or "student-mobility programme" as provided for in article L. 422-1, L. 422-2, L. 422-5, L. 422-26 and L. 433-4 of the Code de l'entrée et du séjour des étrangers et du droit d'asile (Code on the Entry and Residence of Foreign Nationals and the Right of Asylum) and that they have completed their course of study in France or when they hold a residence permit bearing the words "seeking employment or setting up a business" as provided for in article L. 422-14 of the same code, the job offered is consistent with the qualifications and experience acquired in France or abroad.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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