31/10/2024
Question that inspired this post(posted on 31/10/2024):
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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Based on the information provided in the search results and my knowledge, I can address your questions as follows:
Regarding attestations from the préfecture:
The search results do not specifically mention attestations for maintaining rights during the processing of a changement de statut request from APS (Autorisation Provisoire de Séjour) to salarié status. However, it's important to note that:
The préfecture is responsible for processing changement de statut requests
During the processing period, your current status (in this case, APS) typically remains valid until a decision is made.
While not explicitly stated, some préfectures may provide such attestations upon request. It would be advisable to contact your local préfecture directly to inquire about this possibility.
Regarding employment contracts and préfecture processing delays:
When you submit a changement de statut request from APS to salarié status, several points are relevant:
The request should be filed with the préfecture of your place of residence
The process requires the support of an employer, and you must submit a work authorization request signed by this employer
The acceptance of a status change is not automatic and is subject to the préfecture's discretion
Regarding your specific situation:
If you sign a work contract or receive a promesse d'embauche one month before your APS expires, and you submit your changement de statut request at that time, your current APS status should remain valid while your application is being processed.
However, the employer's ability to terminate your contract or revoke a job offer due to processing delays is not explicitly addressed in the provided search results.
It's important to note that:
French labour laws generally protect employees from arbitrary dismissal
Employers must have a genuine cause for termination and follow proper procedures
Given the complexity of your situation, it would be advisable to:
Communicate openly with your employer about the status change process and potential delays.
Seek advice from a legal professional specializing in French labour and immigration law for personalized guidance.
Contact the préfecture to inquire about expediting the process or obtaining any interim documentation that might help secure your employment situation.
Remember that each case can be unique, and the specific circumstances of your situation may affect the outcome. It's always best to seek official clarification from the relevant authorities and professional legal advice when dealing with complex immigration and employment matters.
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