📃 A foreign national holding a residence permit must apply for its renewal within the two months preceding its expiration in order to benefit from the three-month period allowing them to continue exercising their professional activity after the permit’s expiration (Cour de cassation, Social Chamber, November 29, 2023, No. 22-10.00).
💼 In a ruling by the Social Chamber on November 29, 2023, the Cour de cassation reaffirmed that between the expiration date of the resident card and the administrative authority’s decision on the renewal application, within the limit of three months from the permit’s expiration, the foreign national can justify their lawful stay by presenting the expired card. This allows them to maintain their social rights, including the right to work.
♻ The Court also noted that a foreign national residing in France has a two-month period before the expiration of their residence permit to submit their renewal application.
🔑 The combination of these two rules, derived from the Code of Entry and Residence of Foreigners and the Right to Asylum, implies that a foreign national must apply for the renewal of their permit within the two months preceding the expiration of their residence card to benefit from the three-month period during which they can continue to work.
📄 If the employee does not provide proof of having initiated the renewal process within this two-month period before the expiration of their permit, termination of the employment contract upon the permit’s expiration may be justified. Conversely, if this procedure was completed within the legal timeframe, the foreign worker can continue working for three months.
🤝 Do not hesitate to contact us for any questions you may have regarding the employment of your foreign workers.
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