13/05/2024
The question that inspired this post:
"Hello!
I received my CDI contract in Jan 2024, and my employer filled and sent in the authorisation de travail about a month ago.
However, when I applied for the ‘change in status from APS to salarié visa right after (and attached the reçu of the authorisation), the prefecture told me they closed my application as the authorisation was missing.
I thought this is something the employer fills themselves and sends directly to the ministry - and that’s what we did.
Could someone please let me know how they got through this process? What am I missing?
Thank you!"
Answer
"You can apply for a change of status only after you receive a positive response for authorisation de travail !"
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Introduction
Navigating the transition from an Autorisation Provisoire de Séjour (APS) to a salarié visa in France can be complex. Here's a step-by-step guide to help you understand what might have gone wrong and what you can do to rectify the situation.
Step-by-Step Process for Changing Status from APS to Salarié Visa
1. Employer's Role
The first step in transitioning from an APS to a salarié visa involves your employer. They need to submit a work authorization request (demande d'autorisation de travail) to the DIRECCTE (Direction Régionale des Entreprises, de la Concurrence, de la Consommation, du Travail et de l'Emploi). This request is typically submitted online via the dedicated platform.
2. Receipt of Submission
Once the employer submits the work authorization request, they should receive a reçu (receipt) confirming the submission. This receipt is crucial for your visa application, as it serves as proof that the work authorization process has been initiated.
3. Prefecture Submission
With the reçu in hand, you need to apply for a change of status from APS to salarié visa at your local prefecture. Along with other required documents (passport, APS, job contract, etc.), you must include the reçu from the DIRECCTE.
4. Follow-up with DIRECCTE
Ensure that the DIRECCTE processes and approves the work authorization. This process can take some time, and it’s important to follow up with them to confirm the status of the application.
Possible Reasons for Application Closure
1. Missing Documentation
The prefecture may have closed your application because the actual authorization (not just the receipt) was not yet granted. They may require the final approval of the work authorization, not just the submission receipt.
2. Administrative Error
It’s possible that there was an administrative error either in the prefecture’s handling of your documents or in the submission process by your employer.
Steps to Resolve the Issue
1. Contact the Prefecture
Reach out to the prefecture to get a detailed explanation of why your application was closed. Clarify whether they need the final work authorization approval or if the receipt should have sufficed.
2. Follow-Up with Employer and DIRECCTE
Confirm with your employer that they have submitted all necessary documents correctly. Contact DIRECCTE to check the status of the work authorization request. If it’s still pending, inquire about the expected processing time.
3. Reapply
Once you have the required documents (including, if necessary, the final work authorization), reapply at the prefecture. Ensure you have all the required documents as per the prefecture's checklist.
Additional Tips
1. Documentation Checklist
Ensure you have all necessary documents ready, including your passport, APS, job contract, proof of residence, and any other documents required by the prefecture.
2. Professional Assistance
Consider seeking assistance from an immigration lawyer or consultant who can guide you through the process and ensure all requirements are met.
3. Keep Records
Keep copies of all submissions and communications with both the prefecture and DIRECCTE.
By following these steps, you should be able to understand where the process may have broken down and take corrective actions to successfully change your status from APS to salarié visa.
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