Ministry of the Interior Ministry of Labour, Employment, Ministry of Higher

Paris,

Ministry of the Interior Ministry of Labour, Employment, Ministry of Higher

Professional training and Social Affairs Education and Research

To

The gentlemen préfets des régions

The ladies and gentlemen préfets des départements

The préfet de police

Circular n° NOR: INTV1224696C

Re: Foreign graduates’ access to labour market

Appendix: individual examination of applications for modifying the common law status

Welcoming foreign students contributes to the image of France, to the national and international attractiveness of its schools and universities and to the dynamics of our economy. Once they are graduates, these students are an asset for our companies, who can benefit from better skills and expand to new markets. Those who wish to go back to their country of origin after their graduation or a professional experience in France contribute to this country’s development. For all these reasons, this circular aims at operating a fundamental change of orientation about the terms of their first professional experience on the national territory.

In compliance to the commitment of the President of the Republic, the circular n° IOC/L/11/15117/J of May 31, 2011 about the monitoring of professional immigration and the circular n° IOC/L/12/01265/C of January 12, 2012 about the access to the labour market for foreign graduates with at least a masters degree (or an equivalent) are abrogated.

You shall make sure to take into consideration, with necessary judgment, every particular situation in the legal and regulatory provisions about working permissions as set by the Code for Entry and Residence of Foreigners in France and the Right of Asylum (particularly articles L. 311-1 et L. 311-2, L. 311-11 et L. 313-10) and the Labour Code (particularly articles L. 5221-1 and following and articles R. 5221-1, R. 5221-4, R. 5221-20 et R. 5221-32).

1. You shall take special care in the processing of work permit applications dealing with change of status in order to allow non-EU foreign students to start their first professional experience. On this subject, you shall ensure that your services fully apply the dispositions of article L. 311-11 of CESEDA, in order to facilitate the issuance of a residence permit allowing involvement in a first professional activity provided, particularly, that compliance to the criterion of adequacy of the degree and the considered job is by any means proven. You shall accept any certificate jointly established by the person in charge of the higher education institution and the company director that guaranties that every condition defined by article L. 311-11 is fulfilled. This system is in no way dependent on a prior examination of the job situation. It is advisable to take into account more positive dispositions defined by bilateral agreements between France and specific foreign countries.

We remind you that the student is in no way complied to give a diploma certificate as soon as he files his provisional residence application. If he fulfills the conditions mentioned in article L. 311-11, the student benefits from a provisional authorization of residence lasting six month starting on the day of the relevant diploma’s jury decision. A residence permit authorising a first professional activity for individuals in compliance with article L. 311-11 may be issued on the condition that the concerned individual is employed or benefits from a binding offer of work, when applicable, before his diploma is issued.

If conditions determining the issuance of a first annual residence permit are still fulfilled, the permit may be renewed until the end of the first professional experience.

2. As for students engaged in a process of common law status modification, it is the foreign staff’s duty to process under your supervision the applications for work permits. The individual situations examinations may drive you to promote, particularly, the contribution to our higher education attractiveness and the satisfaction of the concerned company’s needs. You can, when applicable, refer to the criteria in the appendix joined to this circular. We remind you, in application of article R. 311-2 of CESEDA, that application registration is operated within the two months preceding the termination of a residence permit, including until the last day preceding termination of the permit. In addition, you shall consider the employer research effective if the job offer in one of the authorities contributing to a public service of employment has not been fulfilled three weeks after publication.

3. You shall take special care in providing the student with all relevant information needed to process his file upon first contact with services. You shall take special care in maintaining the examination duration below two months upon completion of the file, excluding diploma certification, in order to avoid putting the foreign student’s job opportunity in jeopardy, whatever the legal nature of his application.

You shall reexamine as a priority files registered since June 1st, 2011 and those registered since the signature of this circular by taking into account this circular’s content. No obligation to leave the French territory notified under these conditions after June 1st, 2011 will be carried during the reexamination. You shall provide to the concerned individuals a provisional, not renewable six-month residence permit with a work permit or, for those with a biding offer of work, a receipt with a work permit during the processing of their file.

Please inform us of any difficulty you may encounter in the implementation of this guideline, which applies to files under examination and must, in any case, be considered at least as favourable for the concerned individuals in its context and in its processing as the system in place before this circular signature.

The Minister of the Interior

Manuel Valls

The Minister of Labour, Employment, Professional training and Social Affairs

Michel Sapin

The Minister of Higher Education and Research

Geneviève Fioraso

Appendix:

Individual examination of applications for modifying the common law status

During the individual examination of applications for modifying the common law status, the administration may refer to the following non-restrictive and non-cumulative criteria:

- the company that whishes to employ has a facility or interests in the country of origin, geographic or cultural region of the foreign national;

- the student’s training has been supported -excluding Apprenticeship Tax benchmark- by the company that whishes to employ him after his studies;

- the level of studies and the results achieved certify excellence, particularly within the current context of profiles built-up to face labour and skills in international markets;

- the student’s course is part of a mobility defined by a convention between the higher education institution of the country of origin and a French higher education institution, partly financed by the French government;

- the student has achieved all or part of his higher studies in France, in a French institution in a foreign country or in a foreign institution under convention with France, before resuming a higher education course in France.