Regularisation Through Work in France: The Circular Explained

Working in France without a residence permit is a highly precarious situation for many foreign workers, but it is also a headache for employers looking for labour. Fortunately, French law provides mechanisms to stabilise these complex situations through regularisation through work (régularisation par le travail). Whether you are an employee concerned or an employer wishing to regularise a talented staff member, understanding the inner workings of these exceptional admission to residency (admission exceptionnelle au séjour) procedures is essential to maximise your chances of success.

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The Legal Framework: From the Valls Circular to the 2024 "Immigration" Law

Regularisation through work in France is based on specific texts that define the conditions for granting a temporary residence permit (carte de séjour temporaire) marked "employee" (salarié) or "temporary worker" (travailleur temporaire). Two major regimes coexist today.

1. Classic Exceptional Admission to Residency (AES): The Valls Circular

Historically, regularisation through work has relied on the provisions of Article L. 435-1 of the Code on the Entry and Residence of Foreigners and the Right to Asylum (Code de l'entrée et du séjour des étrangers et du droit d'asile or CESEDA). This article grants prefects discretionary power to issue a temporary residence permit for humanitarian or exceptional reasons.

To harmonise the application of this article, the Ministry of the Interior published the famous circular of 28 November 2012, known as the "Valls circular" (circulaire Valls). Although it does not have the force of law, it serves as a strict guideline for prefectures. It generally requires:

• A period of residency in France (often 5 years, sometimes reduced to 3 years in very specific cases).
• A history of work (measured in payslips).

2. The New Addition: Article L. 435-4 of the CESEDA (Law of 26 January 2024)

Law No. 2024-42 of 26 January 2024 to control immigration and improve integration introduced a major temporary mechanism, codified under Article L. 435-4 of the CESEDA. This mechanism, in force until 31 December 2026, allows for the regularisation of workers in "shortage occupations" (métiers en tension—sectors of activity experiencing particularly acute recruitment difficulties, such as construction, catering, personal care, or security).

The major revolution of this article is that it allows the foreign worker to submit their application for a residence permit without needing the agreement or signature of their employer.

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Substantive Conditions for Regularisation

To qualify for regularisation through work, you must meet very strict cumulative criteria. These criteria vary depending on the chosen path.

Criteria of the Valls Circular (Classic AES)

For classic exceptional admission to residency, the requirements for presence and professional activity are as follows:

• Option 1 (5-year residency): You must prove habitual presence in France for at least 5 years AND present at least 8 payslips over the last 24 months (or 30 payslips over the entirety of the 5 years).
• Option 2 (3-year residency): You must prove habitual presence in France for at least 3 years AND present at least 24 payslips, including at least 8 payslips over the last 12 months.

In both cases, you must also provide an employment contract or a job offer (Cerfa form no. 15186*03) signed by an employer established in France.

Criteria of Article L. 435-4 (Shortage Occupations)

To benefit from this new autonomous regularisation path, you must meet the following conditions:

• Have resided in France uninterruptedly for at least 3 years (i.e., 36 months).
• Have carried out a salaried professional activity included in the list of shortage occupations for at least 12 months (consecutive or not) over the last 24 months.
• Be in an irregular situation at the time of the application (not holding a currently valid residence permit).
• Have no serious criminal convictions (respect for public order).

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Concrete Examples of Regularisation

To better understand how these rules apply, here are two practical situations based on real cases.

Example 1: Amadou, Construction Worker (Autonomous "Shortage Occupations" Regularisation)

Amadou arrived in France in September 2021. He has resided uninterruptedly in the territory for 3 years. He works as a formwork carpenter (a job on the list of shortage occupations in his region) for several temporary employment agencies. Over the last 24 months, he has accumulated 14 full-time payslips, with an average monthly salary of €1,800 gross.

Thanks to Article L. 435-4 of the CESEDA, Amadou can submit his application to the prefecture autonomously. He does not need to ask his current employer to fill out a Cerfa form. If his application is accepted, he will receive a temporary residence permit marked "temporary worker" or "employee" valid for one year.

Example 2: Elena, Domestic Worker (Classic "Valls Circular" Regularisation)

Elena arrived in France in June 2019 (representing 5 years of presence). She helps a family at home with childcare and housekeeping. She has 32 payslips spread over the last 5 years, including 10 payslips during the last 24 months, for a salary of €1,200 net per month.

The family employing her wishes to support her. The employer fills out and signs the Cerfa work permit application form (demande d'autorisation de travail). Elena submits an application for exceptional admission to residency based on the Valls circular. If the application is approved, she will obtain a one-year residence permit allowing her to continue working legally.

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Practical Step-by-Step Procedures

The regularisation procedure requires absolute administrative rigour. Here are the key steps to successfully complete your application.

Step 1: Compiling the File of Evidence

The success of your application depends on the quality of your proof of presence and work. You must gather:

• Proof of annual presence: Tax notices (avis d'imposition—very important, even if showing €0), medical documents (such as State Medical Aid—Aide Médicale de l'État or AME, hospital records), active bank accounts, electricity bills, school certificates for children.
• Proof of work: Original payslips, employment contracts, work certificates, career statements from the Social Security (Sécurité sociale).
• Identity documents: A valid passport (or a consular certificate if the passport has expired), birth certificate translated by a sworn translator (traducteur assermenté).

Step 2: The Employer's Form (Only for the Classic Path)

If you are applying via the Valls circular, your employer must fill out the Cerfa work permit application form for a foreign employee. They must attach the company's Kbis extract (company registration certificate), the articles of association, the latest statement of payment of social security contributions (URSSAF), and pay a specific tax once the permit is issued.

Step 3: Submitting the Application to the Prefecture

The application is submitted to the prefecture (préfecture) or sub-prefecture (sous-préfecture) of your place of residence. Depending on the department, the process is done:

• Either by registered mail with acknowledgement of receipt (courrier recommandé avec accusé de réception).
• Or by booking an appointment directly on the prefecture's website.
• Or via a dedicated online application platform.

Following submission, the prefecture generally issues you a receipt of application for a residence permit (récépissé de demande de titre de séjour) or a certificate of submission, which may, depending on the case, authorise you to work temporarily while waiting for the decision.

Step 4: Examination and Decision

The prefecture examines the reality of your integration, the absence of any threat to public order, and the compliance of your documents.

• In case of approval: You are summoned to collect your residence permit, which is valid for 1 year.
• In case of refusal: The decision may be accompanied by an Obligation to Leave French Territory (Obligation de Quitter le Territoire Français or OQTF). You then have a very short period (generally 15 to 30 days) to challenge this decision before the Administrative Court (Tribunal administratif).

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Costs, Taxes, and Key Figures to Remember

Regularisation through work involves several financial costs for both the worker and the employer.

• 3 years or 5 years: The minimum length of residency required depending on the chosen procedure.
• 12 months or 24 months: The minimum cumulative duration of work required.
• €225: This is the total amount of taxes for issuing the first residence permit (including a €50 regularisation visa fee to be paid upon submission via fiscal stamps—timbres fiscaux, and a €175 residence tax upon delivery of the permit).
• Employer's Tax: If the regularisation is carried out at the employer's initiative (classic path), the employer must pay a tax to the French Office for Immigration and Integration (Office Français de l'Immigration et de l'Intégration or OFII). For a contract of more than 12 months, this tax amounts to approximately 55% of one month's gross salary of the regularised worker (up to a limit of 2.5 times the SMIC—the French minimum wage).

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Mistakes to Avoid During Your Application

A single error or omission can lead to the rejection of your application by the prefecture. Be particularly vigilant regarding the following points:

• Presenting fake payslips or false documents: Prefectures systematically verify documents with the URSSAF and tax services. Using fake documents leads to systematic refusal, a ban on entering the territory, and criminal prosecution.
• Neglecting the continuity of proof of presence: For each declared year of presence, you must provide at least 3 to 4 proofs spread across the year (for example, one proof in January, one in May, one in September). A "gap" of several months without any written proof can cause your application to be rejected.
• Submitting an application without a valid passport: Except in very rare exceptions, the prefecture requires a valid passport to produce the residence card. Anticipate this step by contacting your consulate early.
• Ignoring the local list of shortage occupations: If you are applying via Article L. 435-4, check precisely whether your job is classified as a "shortage occupation" in the administrative region where you work. This list varies from one region to another and is regularly updated.

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Frequently Asked Questions (FAQ)

Can I be regularised if I have worked under an "alias" (someone else's name)?

Yes, this is a common situation. If you have worked using another person's papers (with or without their consent), you must prove that you are indeed the person who performed the work. To do this, you must ask your successive employers to draw up "identity concordance certificates" (attestations de concordance d'identité) certifying that Mr/Ms X worked for them under the alias Y. Bank statements showing the deposit of salaries into your account are also essential.

Does the employer risk sanctions by helping me to regularise my status?

Employing a worker without a permit is punishable by administrative and criminal penalties (fines). However, in the context of a voluntary regularisation process via the Valls circular, prefectures show a certain practical tolerance to allow the transition to legality, provided that the employer pays the taxes due to the OFII. For the new "shortage occupations" path (L. 435-4), as the process is autonomous, the employer does not directly intervene in the procedure.

How long does it take to process a regularisation application?

The processing time varies considerably from one prefecture to another. On average, it takes between 4 and 10 months to obtain a written response. If the prefecture does not respond within 4 months after the complete submission of your file, this legally equates to an implicit decision of rejection, which you can challenge before the administrative court.

Can I travel outside France with a receipt of application for regularisation?

No. A receipt (récépissé) issued in the context of a first application for a residence permit (which is the case for regularisation) does not authorise you to cross the borders of the Schengen Area. If you leave France, you will not be able to return without obtaining a new return visa from a French consulate abroad, which is extremely difficult to obtain.

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Summary

• Two regularisation paths: The classic discretionary path (Valls circular) and the temporary autonomous path for "shortage occupations" (Article L. 435-4 of the CESEDA, valid until the end of 2026).
• Required residency: 3 to 5 years of continuous presence in France depending on the chosen mechanism.
• Essential proof of work: Presentation of payslips (8 to 30 months of activity) and/or an employment contract.
• Autonomy possible: The "shortage occupations" procedure allows you to submit an application to the prefecture without the employer's prior agreement.
• Financial cost: Taxes totaling €225 payable by the applicant, and a specific tax for the employer in the classic procedure.
• Administrative rigour: A complete file, free of falsification and backed by solid proof of presence for each year spent in France, is the key to success.

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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.