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2009/06 - Foreign interns: The new provisions |
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Foreign interns: The new provisions. The new provisions[1] relative to foreign interns took effect on June 1, 2009. Now, applying for “Intern” visas and obtaining the corresponding residence permits are part of a more specific process.
In short:
- More internship possibilities.
- The Prefect must approve the internship agreement.
- Mandatory approval for the third parties.
- Lengthy procedural time frames.
A - Foreign intern: two possible cases
- Student in training. Whether scholastic, academic, professional or as part of a European program, the training must be initiated in the home country and lead to a professional qualification or a recognized diploma. When applying for the visa, the intern must provide proof of financial means equivalent to one month of the award made to a French Government scholarship holder. The length of the training course must be a maximum of six months.
- Employee. The foreign intern in France may:
- take training dispensed by an approved agency,
- complete an internship in a company belonging to the same corporation as his or her employer,
- complete an internship in a company with which his or her employer maintains business relations, such as a client or a service provider. It should be stressed that the internship may be completed at different geographic sites.
In either case, the intern must provide proof of financial means equivalent to one month’s minimum wage, taking into account the compensation maintained by the employer and any bonus and/or allowance(s) paid by the host company. The length of the internship must be a maximum of twelve months, renewable once; it must not exceed eighteen months in all.
B - The internship agreement: the prefect must approve it
To get an “Intern” residence permit, the foreigner must now provide an internship agreement signed by the Prefect of the department in which the internship will take place. It is wise to begin this process in advance!
The application must be sent to the Prefect by registered letter, return receipt requested.
- At least two months before the internship starts, the host company, training agency or the association that signs the internship agreement sends the agreement to the Prefect by registered letter, return receipt requested
- Within thirty days, the Prefect signs the agreement and sends it to the foreigner. No response within 30 days means the approval has been denied. This denial may be based on a failure to comply with the labor laws or the social protection system in France.
If the internship is extended, the amendment to the internship agreement must be sent to the Prefect at least fifteen days before the end of the internship. No response within this time frame is equivalent to acceptance.
NB: for EU or intergovernmental cooperation programs, the time frames indicated above are reduced to one month and fifteen days.
C - Mandatory approval for third parties
- The training agency
In accordance with article L.6351-1 of the Labor Code, the agency that dispenses the training must be approved.
Article L.6313-1 Labor code: “Any person who dispenses continuing professional training services as per article L.6313-1 shall file with the administrative authority a declaration of activity as soon as the first professional training agreement or the professional training contract is signed pursuant to articles L.6353-2 and L.6353-3 respectively. The administrative authority will register the declaration.”
- Intern placement associations
If necessary, the intern placement association involved in signing the agreement must also be approved. As of June 1, 2009, internship placement associations have three months to obtain this approval from the minister responsible for immigration. Any activity of this type carried out without approval is punished by 5th class fine. Any denial of approval or renewal must be explained.
D - Points that require attention
We draw your attention to the following points:
- The decree does not mention internships that alternate between an internship period in France and work abroad. Given the lack of information. it appears necessary to file a specific application for each internship period in France.
- The internship agreement may never grant the intern the status of employee in the host company.
- The “informational internship” no longer exists.
[1] Decree No. 2009-609 of May 29, 2009 completing article 313-10 of the code de l’entrée et du séjour des étrangers et du droit d’asile (CESEDA) [The French Entry and Residence in France and Asylum Rights Code]. |
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Last Updated on Monday, 24 August 2009 13:38 |
