Regularization through labor: Criteria and documents

What are the basic criteria and groups of immigrants who can benefit from the regularization through labor. And the documents that need to be included in the file?

In the previous article I explained the basics of regularization in France through labor as well as the opportunities created by the Valls circular. In this circular, other possibilities of regularization are foreseen, so I advise you to read it carefully because you can find arguments to seek legal residence in France even outside the argument of labor. Every immigration story is, above all, human, and, by that, different.

In today's article, I will briefly explain who can benefit from "exceptional admission to stay" through labor and what are the conditions that must be met. Exceptions to these strict rules are “an acting foreigner or employee in the solidarity economy (associations, trade unions, etc.) or with a cumulation of small contracts, such as the home employee (cleaning, help for the elderly, help for children, help for disabled people, etc.). In order to better understand the criteria for these immigrants ’categories, carefully read the circular Valls.

In addition to immigrants who, despite living in France for years, have never been provided with residence and work permits, among those who can benefit from the Valls circular1 are also immigrants who have been regularized and have worked for some time in this country. But which then have lost these rights because, for example, their residence permit was not renewed. Regularization through labor gives them the opportunity to collect all these possible “pay slips (or bank/transfers statements, work certificates, Pôle emploi certificates, income tax notices for work periods, for example)” and put them inside the file to prove that they have worked, according to the official website of French public services1.

Seniority of residence and work in France and how to prove it with documents?

In order to be able to apply for the regularization through labor, you must have at least 3 years of residence in France. It is about an "exceptionaly" case, according to the official website of the French Ministry of the Interior. In this case, you must show, through documents, that you have worked for at least 24 months. It does not matter if these work months are consecutive or not. The important thing is that, when counted, there would be at least 24 months and that, 8 of them, would be during the last year.

If you have lived in France for 5 years, the conditions for obtaining regularization are more lenient: it is enough to have documents showing that you have worked for 8 months during the last 2 years. Or 30 months during 5 years of stay.

When you do not have an employment contract, but the employer has promised you one, the role of proof of this promise, in the eyes of the state, is no longer played by his statement on white paper, signed, as often happened before. Back then, it was a recognized and accepted document by the French administration. But it is not the case nowadays.

In both cases, i.e. if you have been living in France for 3 or 5 years, all have to show "evidence of previous salaried activity such as pay slips, statements or bank transfers, work certificates, certificates from the Employment Center" « in French « Pôle Emploi -note of the author» , the income tax notice corresponding to the periods of employment « in French « Avis d' Impôt -note of the author» »3, according to the same official website. So, keep safe these seemingly simple documents because they are very important.

And what documents can you use to prove your seniority in France? « Any document justifying your habitual residence since your entry in France (tax notice, state medical aid certificate (AME) etc.), - explains the same website of the French Ministry of the Interior. Which, a little above clarifies that you must also file a proof of your address that dates back no more than 6 months, as well as a copy of the passport showing the date of entry in France. As proof of address, you can use a copy of the energy, gas or water bill, notice of taxation or non-taxation (depending on the income you have declared - note of the author), copy of the apartment insurance contract, etc.).

Other conditions to be met

Seniority of residence and work in France are not the only criteria that must be met so that you can submit your application for regularization through labor to the prefecture. As the phrase clearly implies, you must have found work. So, you must have in your hands a work contract or a promise of work from an employer in France that carries out a declared and regular activity, without arrears to the state. Even if you have not found a full-time contract, but several small contracts, you can make together all these and put them in your file.

When you do not have an employment contract, but the employer has promised you one, the role of proof of this promise, in the eyes of the state, is no longer played by his statement on white paper, signed, as often happened before. Back then, it was a recognized and accepted document by the French administration. But it is not the case nowadays. From now on, this role is played by only one document, very important for you; CERFA form 15186-03 which you can download here. It can only be filled by your employer. Do not hesitate to explain him its importance.

Conditions and other documents? Yes. « You do not need a visa. But you must speak French, at least in an elementary way. You must not pose a threat to public order (so your criminal record must be clean - author's note), nor live in a situation of polygamy in France (for this you must write and sign a declaration of honor)”2,- says the official website of the French public services.

At the same time, you must file your identity documents (passport, certificate, or consular certificate, etc.), and 3 photographs as well as any possible evidence that proves your integration into French society. This evidence are very important because they document your sincere will to become part of this society and respect for its culture. For this, you can present testimonies of friends, neighbors, membership in various associations, certificate of voluntary work, attestations of children's school activities, etc.

From now on, this role is played by only one document, very important for you; CERFA form 15186-03 which you can download here. It can only be filled by your employer. Do not hesitate to explain him its importance.

Here you can find in more detail the criteria you must meet as well as the documents that must accompany your file and in which prefecture or sub-prefecture you must file it. I advise you not to be alone in this process. You need all the possible help, and the law allows you this space; therefore, “the application can also be part of a group filing organized by a group of support for undocumented workers (unions, associations, etc.)”1.

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Références :

1 The website of French public administration. (January 2022). What is the regularization of a foreigner through labor?

https://www.service-public.fr/particuliers/vosdroits/F16053

2Légifrance.  Conditions d'examen des demandes d'admission au séjour déposées par des ressortissants étrangers en situation irrégulière dans le cadre des dispositions du code de l'entrée et du séjour des étrangers et du droit d'asile.

https://www.legifrance.gouv.fr/download/pdf/circ?id=44486

3Ministére de l’Intérieur. démarches.interieur.gouv.fr (Janvier 2022). Qu’est-ce que la régularisation d’un étranger par le travail ?

https://www.demarches.interieur.gouv.fr/particuliers/qu-est-ce-regularisation-etranger-travail#:~:text=Un%20travailleur%20%C3%A9tranger%2C%20non%20europ%C3%A9en,et%20de%20travail%20en%20France.

“This article is produced as part of the "Migration, youth and internet - 2" project, with the support of funds from the French Development Agency (AFD), Grand Est Solidarités et Coopérations pour le Développement (GESCOD) and with the support of the AMI-PLUS association.

The sources of the information are quoted, and when a personal opinion is given, it engages only the author.

The content of the articles does not engage the previously named structures".

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