A recent decree published in France's Official Journal on October 29, 2026, has modified several rules regarding the residence and work of foreign nationals in the country. The decree, which came into effect on October 30, 2026, reduces the period during which a foreign worker's first renewal of their work permit can be refused if they change jobs, from 12 months to 6 months. This change aims to facilitate the process of changing employers for foreign workers.
The new decree does not apply uniformly to all foreign workers, as Algerian nationals holding a "salarié" certificate are subject to different regulations. Under the 1968 Franco-Algerian agreement, Algerian workers obtain a one-year residence certificate with the mention "salarié" upon presenting a work contract verified by the administration. This certificate serves as a work permit, making Algerian nationals subject to similar rules as those outlined in the French labor code.
For Algerian nationals with a "salarié" certificate, changing employers requires the new employer to initiate the process of obtaining a new work permit. The new employer must submit an application online through the French National Agency for Foreign Employment (ANEF) before the employee starts working. Failure to obtain the necessary authorization before starting work can lead to serious difficulties for both the employee and the employer.
The decree also strengthens protection for workers who lose their jobs involuntarily. If they find new employment during this period, they can remain in France while their new work permit is being processed. In certain cases of serious exploitation at work, a three-month extension is provided. The conditions for this vary depending on the type of residence permit held, emphasizing the importance of seeking advice before making any changes.
When it comes to renewing their residence permit, Algerian nationals with a "salarié" certificate must ensure they have the necessary authorization corresponding to their new job. Without this, the prefecture may refuse to register their application, which can lead to an obligation to leave French territory. Therefore, it is crucial for these individuals to plan ahead and be aware of the costs and deadlines associated with renewing their residence permit.
Other types of residence permits, such as the 10-year certificate and the "private and family life" certificate, allow holders to work without needing a separate work permit. This provides more flexibility for those who hold these permits, as they can change employers without needing to obtain additional authorization.
The changes introduced by the decree highlight the complexities of France's immigration policies, particularly for foreign workers and Algerian nationals. Understanding these regulations is essential for individuals planning to change employers or renew their residence permits. Seeking advice from a qualified professional, such as an attorney, can help navigate these complexities and avoid potential pitfalls.
Key points
- The French decree reduces the period for changing employers from 12 to 6 months for foreign workers.
- Algerian nationals with a "salarié" certificate are subject to different regulations due to the 1968 Franco-Algerian agreement.
- Changing employers requires the new employer to obtain a new work permit for Algerian nationals with a "salarié" certificate.
