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So I was brought over from Canada for a job in Annecy, France. The employment contract that I have is with a french company. I have a residency permit with a "salarie en mission" type visa. This type of visa is a type of talent passport visa. I've only been here for 7 months and the company just announced it is going through a reorganization and my position has been cancelled so I will be out of a job in a few weeks. As per their union agreement, I will still be contracted with them for another 4 months after I leave (I won't be coming to the office during this time).

Does anyone know if:

  1. If I am able to stay in France until the end of my titre de sejour expiration (2023)?

  2. Can I apply for chômage (unemployment benefits)?

  3. Can I apply to other jobs? If I get a job do I have to start the visa process all over again from Canada?

Any other information will be super helpful, I am a bit in the dark right now.

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    I’m sure someone on Expatriates will be able to help, but given that your company brought you over, don't they have a HR team or similar who can advise you in this situation? – Traveller Feb 18 '20 at 15:13
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    @Traveller Usually company that offers "missions" in IT in France aka ESN / SSII are not cooperative at all, they probably will not help him. – stbr Feb 18 '20 at 15:51
  • I can't answer to all your points but you should be able to apply to other positions (just check whether there is a non-concurrence clause in your contract). I'd highly advise you to start looking for another job, you have 4 months to find one, which should be enough. – stbr Feb 18 '20 at 15:52
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    As with so many difficult immigration challenges like this it might also be good to consult with an immigration lawyer to be sure. Some will work pro-bono or on a sliding scale if necessary, though it might take time to get a response. Fortunately you have 4 months on the contract, and it's not like anyone is going to come try to kick you out of the country in the meantime, so don't panic! But do start looking for a new job if possible. – Iguananaut Feb 19 '20 at 13:34
  • What everybody calls “indemnité chômage” is officially called “aide au retour à l'emploi” or ARE. – Relaxed Feb 19 '20 at 21:09
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I have found some contradictory information and I don't have first-hand experience with this situation but it seems you might be eligible for unemployment benefits provided you are under contract with a French company and not your original employer abroad (which seems to be the case based on your question). If you are eligible at all, you would be entitled to 11 months of benefits (the duration of your employment when you apply).

I don't know for sure but this would also suggest that you are allowed to look for another job in France and to stay at least for the duration of your unemployment benefits (that's how most residence permits work in France). Conversely, not being eligible for unemployment benefits would not bode well for your right to stay until 2023 or switch to another job under your current permit. I am not sure what would happen if you found a new job that does not meet the requirements of your current permit (salary, sector, etc.). My guess is that going back to Canada is probably not necessary but, no matter where you apply, it would be hard to secure the relevant permit.

Finally, note that unlike what happens in other countries, French residence permits do not lapse or expire automatically if your situation changes or you lose your job. This means that in principle your residence permit remains valid until you are notified otherwise. But, while it requires an explicit decision, the préfecture is legally entitled to invalidate it if you don't fulfill the requirements anymore. So that does not guarantee you will be allowed to stay until 2023. Usually they don't bother with this procedure and simply wait for people to apply for renewal but since this is a very specific type of residence permit, I am not sure how it would be handled.

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  • Thank you for this info! The HR at my company contacted the prefecture and they apparently told them that because my visa a special type, "intra-company" visa, I would have to leave the country when my time at the company runs out because it would invalidate my residency permit. However, I have a suspicion that they are simply giving the safest and easiest answer for them. They do seem to be fairly sure that I would not be applicable for chomage, which makes staying in France a bit harder. – Ardi Sardashti Feb 20 '20 at 7:59

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