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Discussion Starter · #1 ·
Hello,

I need some information on my work contract, I am from India and working in France on the visa "Salarie en Mission" and my wife is here on the dependent visa.

My wife too got the job (CDI contract) on the same dependent, now I have 2 queries:

1) Can I change the company if I am getting the CDI contact with a french company without going back to India (If no then any workaround)? Because if I go back to India the new employer will not wait for 3-4 months for me untill my paperwork and everything get processed.

2) Can my wife apply for an independent visa (currently she is dependent on me & working) without going back to India?

Thanks
 

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Well, according to the Immigration office, it doesn't look good for being able to transfer.

Le titre de séjour « salarié en mission » n'est valable que pour l'employeur pour lequel la demande d'autorisation de travail a été visée favorablement par le service main-d'œuvre étrangère (SMOE) du département.
see the website for more information: La carte de séjour temporaire portant la mention « salarié en mission » / L'immigration professionnelle / Immigration - Immigration, asile, accueil et accompagnement des étrangers en France - Ministère de l'Intérieur

Your wife's vie privée et famille is supposed to be valid to permit her to work only as long as your salarie en mission is valid. I'd be very careful about changing jobs. It may be possible, but your new employer would have to go through all the same process to get permission to bring in a foreigner.
Cheers,
Bev
 

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Discussion Starter · #3 ·
Your wife's vie privée et famille is supposed to be valid to permit her to work only as long as your salarie en mission is valid. I'd be very careful about changing jobs. It may be possible, but your new employer would have to go through all the same process to get permission to bring in a foreigner.
Cheers,
Bev


Thank You for your reply and the link you have provided.

We also have a baby who was born in France 3 months back and her resident permit is still in progress.

DO you think considering all these facts it is possible to process independent visa/work permit through her employer without going back to India?

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For her to get her own "work visa" she first has to find a job with an employer who is able and willing to process the necessary work authorization. It's not an easy process for the employer and there are requirements as to pay level and experience.

Depending on the employer, she may still have to go back home to process the visa once the work authorization has come through, and if you're planning on then changing your visa to a dependent visa, be advised that may cause some problems. On some plain old work visas, the spouse does not get the automatic right to work.

Tread very carefully with this one. It could go wrong very easily.
Cheers,
Bev
 

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Discussion Starter · #5 ·
For her to get her own "work visa" she first has to find a job with an employer who is able and willing to process the necessary work authorization. It's not an easy process for the employer and there are requirements as to pay level and experience.

Many thanks for your suggestion and I will definitely take care while changing any kind of status for me.

However, I think there is a confusion as you are saying that my wife has to first find the job with an employer, but she is already working since 8 months on dependent visa (CDI contract).

To be on the safer side we now want to have her own independent working visa and not dependent on my status.

1) So do you think it is possible to process everything while continuing the job with the same employer and stay in France?

2) Do you have any URL or any reference which says about the requirement about pay level and experience as I believe she is anyways getting the statndard salary defined by french law or did you mean something else?

Thanks
 

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You're stepping into tricky territory here. Your wife's employer hired her based on her right to work as the dependent of someone on a salairie en mission visa. If you change jobs you (apparently) will not be able to renew your visa, and thus her visa becomes null and void (and un-renewable).

For her to change status while working for the same employer, the employer would first have to obtain work authorization for her. This is the Ministere du Travail's page on hiring a foreigner: L'embauche d'un étranger

If they are willing and able to get work authorization, it would be up to them to obtain some sort of dispensation for your wife to have to return to India for processing of the visa. I know of a few cases where this has happened, but I gather it's quite a bit of work for the employer. But you never know unless you ask, right?

Then comes the question of whether or not you could then obtain a dependent visa on her work visa - and for that I would have to direct you to the préfecture.
Cheers,
Bev
 
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