[jennyrainwater]

Hello all!

I looked around but could not find a clear answer so hoping some of you may have insight.

Has any of you on a visa long séjour salarié changed jobs? Or could you please read the below and clarify the documentation I found (snippets included)? I want to ensure I understand what I have found. Thanks!


SITUATION:

My husband has a visa long séjour salarié (not in mission) with a CDI. His employer is failing and he got another offer. He is a nice guy so rather then wait around for the job to crash and burn, he is going to agree to a rupture conventionnelle and switch to the new job.

Important insight: his first renewal of his titre séjour is this April 30th as he has only been here a year, after that he should have his carte séjour. He hopes to do this renewal before his rupture is final, though it will be submitted beforehand (which worries me).

He may say tough cookies to the employer and delay the start of the rupture (takes 30 days) until he knows he is renewed... seeing as there is no grounds for firing and a rupture must be mutual.

OUR RESEARCH:

He was told to go to the Bureau of travail (in Paris where we live) for advice. They agreed that in order for him to keep his rights to unemployment (incase the new job does not work out) that he should get a rupture conventionnelle from the old employment.

They said that he should process his visa renewal with the old job (April 30th) before the rupture (which could be effective May 5th). They said he does not need a new authorization to work... which I find suspect...

In the past, though I have heard that he always needs a new authorization before accepting a new job.

OUR QUESTIONS/DOCUMENTATION NEEDING CLARIFICATION:


1. I found this text on: Salariés étrangers : renouvellement de l'autorisation de travail - Service-public.fr

Cas particuliers
Titulaire de la carte "salarié"

Le titulaire d'une carte de séjour temporaire "salarié" obtient, à partir du deuxième renouvellement de sa carte, le droit d'exercer toutes activités professionnelles salariées en France.

Ce droit à toutes activités s'applique, dès le premier renouvellement de la carte, à l'étranger entré en France en tant que "résident de longue durée -CE" dans un autre pays de l'Union européenne et titulaire d'une carte "salarié" en France.

Does that mean on our 3rd year here he no longer needs new authorizations if he works the same type of job? Or the 2nd year when he gets his card (past this April 30th)? Great news either way!

2. I asked DIRECCTE about my own and different situation (I had a rupture also and I am on chomage) and they sent me this document about renewal/asking for an authorization to work (see View attachment noticeinfo_autorisationtravail.doc ) without much clarification on how it applied. But it may apply to my husband.

Keep in mind for those looking at this as a resource they said the document depends on your work field, mine and my husband's is informatique.

It says:

Lors du premier renouvellement, si l’étranger n’occupe plus l’emploi
ayant justifié la délivrance de l’autorisation de travail précédente*:

a) lorsque le salarié est privé d’emploi*:
la lettre de rupture du contrat de travail ;
l’attestation de l’employeur destinée à l’ASSEDIC ;
le certificat de travail.

b) lorsque le salarié a retrouvé un nouvel emploi ou a changé d’employeur*:
les trois derniers bulletins de paie*; lorsque ces documents ne permettent pas de justifier du respect des conditions de rémunération initialement prévue, le service instructeur peut demander la production de bulletins de paie supplémentaires.

So this seems to say... on the first renewal of the authorization, he just shows the rupture paperwork from the first job and his last 3 bulletins de paie of the new? As in he can start work no issue? Also I suspect this may not apply to him and only salarié en mission which has an end date to the authorization. My husband is salarié with no expiration on his work permit/authorization. If it is talking about his visa renewal, he will have already renewed once by the time he starts his new job.

3. Okay... all this aside... If he does need a new job permit... can he work his old job until the new one is approved? And what is the process? Cannot find this anywhere... which is suspect so may mean he does not need a new one.

-------------------------------------

Thanks guys! I go on his behalf to DIRECCTE tomorrow (office of job permits) so will let you know if I get any clarity.

- JR

 

[jennyrainwater]

Oh one more note! This document on asking for an authorization: Autorisation de travail : étrangers concernés et dépôt de la demande - Service-public.fr

Seems to say only people none salarié need to ask for a new authorization. True?

Demande d'autorisation de travail
Dépôt de la demande

La demande d'autorisation de travail est à la charge du futur employeur.

Il doit la faire s'il compte embaucher :

un étranger résidant hors de France - il s'agit de la procédure d'introduction d'un salarié étranger,

ou un étranger déjà titulaire en France d'une carte de séjour, d'un récépissé ou d'une autorisation provisoire de séjour ne l'autorisant pas à travailler comme salarié - il s'agit de la procédure de changement de statut.

Eep... hope so. - JR

 

[aubrey64]

Hello all!

I looked around but could not find a clear answer so hoping some of you may have insight.

Has any of you on a visa long séjour salarié changed jobs? Or could you please read the below and clarify the documentation I found (snippets included)? I want to ensure I understand what I have found. Thanks!


SITUATION:

My husband has a visa long séjour salarié (not in mission) with a CDI. His employer is failing and he got another offer. He is a nice guy so rather then wait around for the job to crash and burn, he is going to agree to a rupture conventionnelle and switch to the new job.

Important insight: his first renewal of his titre séjour is this April 30th as he has only been here a year, after that he should have his carte séjour. He hopes to do this renewal before his rupture is final, though it will be submitted beforehand (which worries me).

He may say tough cookies to the employer and delay the start of the rupture (takes 30 days) until he knows he is renewed... seeing as there is no grounds for firing and a rupture must be mutual.

OUR RESEARCH:

He was told to go to the Bureau of travail (in Paris where we live) for advice. They agreed that in order for him to keep his rights to unemployment (incase the new job does not work out) that he should get a rupture conventionnelle from the old employment.

They said that he should process his visa renewal with the old job (April 30th) before the rupture (which could be effective May 5th). They said he does not need a new authorization to work... which I find suspect...

In the past, though I have heard that he always needs a new authorization before accepting a new job.

OUR QUESTIONS/DOCUMENTATION NEEDING CLARIFICATION:


1. I found this text on: Salariés étrangers : renouvellement de l'autorisation de travail - Service-public.fr



Does that mean on our 3rd year here he no longer needs new authorizations if he works the same type of job? Or the 2nd year when he gets his card (past this April 30th)? Great news either way!

2. I asked DIRECCTE about my own and different situation (I had a rupture also and I am on chomage) and they sent me this document about renewal/asking for an authorization to work (see View attachment 7662 ) without much clarification on how it applied. But it may apply to my husband.

Keep in mind for those looking at this as a resource they said the document depends on your work field, mine and my husband's is informatique.

It says:



So this seems to say... on the first renewal of the authorization, he just shows the rupture paperwork from the first job and his last 3 bulletins de paie of the new? As in he can start work no issue? Also I suspect this may not apply to him and only salarié en mission which has an end date to the authorization. My husband is salarié with no expiration on his work permit/authorization. If it is talking about his visa renewal, he will have already renewed once by the time he starts his new job.

3. Okay... all this aside... If he does need a new job permit... can he work his old job until the new one is approved? And what is the process? Cannot find this anywhere... which is suspect so may mean he does not need a new one.

-------------------------------------

Thanks guys! I go on his behalf to DIRECCTE tomorrow (office of job permits) so will let you know if I get any clarity.

- JR

Is 30 april the date of expiration of his CdS, or the date of his renewal appointment? I thought that with CdS salarié, you are entiltile to renew one time even if unemployed - not sure though. It could be better to renew the CdS first, then do the RC but when I was salarié I needed an attestation from my employer saying I was still employed in order to renew. Will they do that if they are going to do a RC right after? I'd guess if you do the RC before renewal, you will have a delay renewing the CdS while all the other docs are sorted out - new contract or assedic, etc because you need those to renew a CdS salarié.

 

[aubrey64]

Is 30 april the date of expiration of his CdS, or the date of his renewal appointment? I thought that with CdS salarié, you are entiltile to renew one time even if unemployed - not sure though. It could be better to renew the CdS first, then do the RC but when I was salarié I needed an attestation from my employer saying I was still employed in order to renew. Will they do that if they are going to do a RC right after? I'd guess if you do the RC before renewal, you will have a delay renewing the CdS while all the other docs are sorted out - new contract or assedic, etc because you need those to renew a CdS salarié.

You might want to be careful with a RC before the one year date of employment. Since a RC is not involuntary, you might be in a tight spot for justifying renewal of a CDS. As far as I know, the autorisation to work and the CdS are renewed at the same time automatically if you stay with the same job. Why doesn't he renew his CDS salarié with tha same employer then quit and change jobs.