04/11/2024
Question that inspired this post(posted on 04/11/2024):
1. Has anyone been able to receive an attestation from the préfecture saying that they are currently processing their request for changement de statut (APS to salarié) and that in the meantime, their rights (chômage for ex) can be maintained?
2. If you sign a work contract or get a promesse d’embauche on your APS 1 month before it expires and therefore you put in your changement de statut request to the prefecture 1 month before the expiration, can your employer fire you or revoke it because of the long delays to get a salarié visa ?
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Here are some key points regarding your questions:
1. Regarding an attestation from the prefecture:
--> The prefecture typically issues a "récépissé" (receipt) when you submit your application for a change of status. This récépissé serves as proof that your application is being processed.
--> While the récépissé is being processed, you generally maintain the rights associated with your previous status (in this case, the APS).
--> However, the search results don't specifically mention an attestation for maintaining unemployment benefits (chômage). You may need to check directly with Pôle Emploi regarding their policies for maintaining benefits during a change of status application.
2. Regarding employment contracts and APS expiration:
--> When you apply for a change of status from APS to salarié before your APS expires, you are typically allowed to continue working while your application is being processed.
--> The employer should not be able to fire you solely because of delays in obtaining the salarié visa, as long as you have submitted your application before the APS expired.
--> However, it's important to note that processing times can vary significantly, and there have been reports of significant delays in issuing residence permits in France.
--> To protect yourself, make sure to keep all documentation proving that you submitted your change of status application before your APS expired. It's also worth noting that the specific rules and practices can vary depending on your nationality, the type of work contract, and the prefecture handling your case.
For the most accurate and up-to-date information regarding your specific situation, it's advisable to consult directly with the prefecture or seek advice from a legal professional specializing in immigration law.
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