Since March 4, 2022, the situation was uncertain: could beneficiaries of temporary protection (Ukrainian or from third countries) be hired without applying for an additional authorization (work permit)? Or was it necessary to request, in addition to the residence permit, this work permit from the administration?

The answer was uncertain: the code for the entry and stay of foreigners (CESEDA) and the interministerial instruction of March 10, 2022 indicated that this work permit was necessary. And the European directive left it up to each country to define the conditions of access to the labor market (article 12 Council directive 2001/55/EC of July 20, 2001)

But, in practice, the residence permits issued to Ukrainian nationals for several weeks seemed to exempt future employers from this formality.

On April 1, 2022, the Prime Minister clarified the situation. By decree, it updates the CESEDA towards greater simplicity:

1. The provisional residence permit (APS) automatically gives the right to exercise a professional activity.

We have already seen in practice on the APS issued by the prefectures since the beginning of March 2022. Concretely, this authorization is materialized by the mention "Authorize its holder to work" at the bottom left of the residence permit:

2. It is not necessary to apply for a work permit in addition to the APS.

The decree of 1 April 2022 removes the CESEDA article which provided that a work permit had to be requested for beneficiaries of temporary protection (article deleted: R 581-6 of the CESEDA).

This solution seems consistent with existing law: the Labor Code already exempted holders of a temporary residence permit with the mention "Authorize its holder to work" from having to apply for an additional work permit (R. 5221-2 16° of the labor code).

3. Attention employers: you still have to think about all the other necessary steps.

The abolition of the work permit obligation does not exempt you from the many other obligations linked to the hiring of a foreign employee (verification of the residence document, DPAE, registration if necessary, etc.).

If these formalities are forgotten, the penal and financial penalties can be significant.

In case of doubt or to be supported in this recruitment, contact us:

Alexandre DELAVAY

E-mail : alexandre.delavay@delavay-avocat.fr

Such. : 33 66060939326