At Oui Immigration, we regularly receive calls that start with: “I thought they could work with this residence permit…”
And usually end, with a slightly anxious tone, with: “Thank you for your advice. When can we start the regularisation process?”
Between these two statements lies a critical, often missed step: the Right to Work check. In short, this is the detailed analysis of a foreign national’s actual legal right to work, evaluated against their current immigration status, prospective employer, salary, and job role.
More often than not, the conclusion is clear:
-
-
-
- The residence permit alone does not authorize work.
- A specific work authorization must be obtained prior to starting.
- The current immigration status does not align with the hiring company, the salary threshold, or the job description.
-
-
👉 The Result: What initially appeared to be a “simple” hire quickly escalates into a severe compliance risk for both the employer and the employee. Often overlooked, poorly conducted, or entirely forgotten, the Right to Work check is not merely an administrative formality it is a mandatory obligation for any employer hiring foreign talent.
The Risks of Non-Compliance
When employers get it wrong, the financial and administrative penalties are severe. In France, employing a foreign national without valid work authorization exposes the company to:
-
-
-
- Fines of up to €15,000 per employee.
- Up to 5 years of imprisonment (maximum legal penalty).
- Additional administrative taxes (which can amount to several thousand euros per employee).
-
-
Beyond the legal penalties, there is an immediate operational impact: the employee cannot legally perform their duties, leading to the suspension of their employment contract or even immediate termination. These situations also generate unforeseen costs, cause significant distress for the employee, severely damage the company’s reputation, and can jeopardize future corporate immigration applications.
How to conduct a compliant Right to Work check
In practice, a robust verification process relies on three key pillars:
-
-
-
- Verifying the authenticity and validity of the presented residence permit.
- Analyzing the specific work rights attached to that status (the right to stay in the country does not automatically grant the right to work).
- Ensuring full alignment between the immigration status, the job role, and the employer’s corporate setup.
-
-
Partnering with an immigration expert like Oui Immigration saves you time, money, and provides vital peace of mind. A professional review identifies subtle legal nuances, ensures strict compliance, and helps define the most strategic immigration route should any issues arise.
Next Steps: Best Practices
As an employer, it is your continuous legal responsibility to ensure your foreign workforce maintains a valid right to work at all times. Once the initial check is completed, you must:
-
-
-
- Retain compliant copies of all relevant immigration documents.
- Implement a robust tracking system to anticipate residence permit expiry dates well in advance.
-
-
Key takeaway
Immigration regulations and corporate audits are becoming increasingly stringent. Do not leave your international hiring to chance. Anticipate risks, secure your onboarding process, and rely on expert guidance.
Secure your international hiring process today. Oui Immigration assists with all your corporate immigration matters, both in France and worldwide.
Contact us to audit your employee files: oui@oui-immigration.com
