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Foreign mapower

Who is the procedure ?

Anyone who does not have French nationality, including European Union nationals.

What is the procedure ?

 

Foreign nationals should apply to the French Embassy or Consular Services for a work permit prior to arrival in New Caledonia.

In addition to the documentation and visas required by law for all immigrants (see the website for the government of New Caledonia:www.nouvelle-caledonie.gouv.fr), the applicant should attach an employment contract from an employer located in New Caledonia.

Contracts do not have to be stamped in advance by the Direction du Travail et de l' Emploi (work and employment department).

While the employee follows the above procedure, the employer wishing to bring an overseas employee into New Caledonia should make sure that there are no available workers locally who could occupy the proposed position. Before any foreign national is employed, details of the vacancy should be submitted to the relevant employment bodies and state employment services.

The employer should also obtain a contact form from the Direction du Travail et de l'Emploi. This form should be submitted to the agent at the employment body/department at the same time as details of the position available and then returned, duly completed, to the Direction du Travail et de l'Emploi. If the position can be filled by a local jobseeker, the work permit will be refused.

Details of vacancies should be placed with the employment service in the Province in which the job will be located:

  • le Service de l’Emploi et de la Formation de la Province Sud (SEF): 30 route de la Baie des Dames bâtiment 1-Ducos Centre -Telephone : 28 01 72  - Fax : 23 22 84
  • le Centre d’ Action pour l’Emploi en Province Nord (CAP EMPLOI) : immeuble Henriot (KONE) - Telephone : 47 26 65 -  Fax : 47 26 20
  •  l’Établissement Provincial de l’Emploi, de la Formation et de l’Insertion Professionnelle (EPEFIP, pour les Îles Loyauté) - Telephone : 45 10 98 -  Fax 45 18 98
 

Processing applications

 
Applications for work permits are transferred to the government of New Caledonia. The Direction du Travail et de l'Emploi is responsible for considering and processing the application.

Documentation to be supplied by foreign nationals residing in New Caledonia

In cases where a foreign national is residing in New Caledonia, the employment contract only may be supplied.

The work permit

This is issued by the government of New Caledonia who bases its decision on the following:

  • The current and future employment situation within the profession or trade the overseas employee has applied for;
  •  Whether the employer has fulfilled the requirements of the laws on employment;
  • The terms and conditions offered to the overseas employee. These should be identical to those offered to French employees;
  • The arrangements the employer has made to provide the overseas employee, under normal conditions, with accommodation.

The work permit takes the form of a government notification. An employment card is also issued.

Duration of the work permit

 

Work permits are issued, case by case, either:

  • For the duration of the employment contract;
  • For the duration of the visa or residence permit.

Renewing a permit

An overseas employee whose permit is due to expire may apply for a renewal. The procedure is identical to that described for an initial application.

Timescales for renewing work permits

Applications to renew a work permit should be made during the third month, or at the very latest the second month, before the permit is due to expire.

Penalties for foreign nationals working without a permit

It is an offence for anyone to employ or to continue to employ a foreign national who does not hold a work permit.

It is an offence to employ or to continue to employ a foreign national in a professional category or position other than that referred to in the work permit.

Any infringements of these requirements noted by the Inspection du Travail or by officers from the judiciary police may be subject to prosecution.