Navigating the requirements for foreign nationals wishing to live and work in Mayotte involves understanding the specific regulations applicable to this French overseas department. As part of the French Republic, Mayotte's immigration and labor laws largely mirror those of mainland France, adapted to the local context. Foreign workers typically require both a visa to enter and reside legally, and a work permit (autorisation de travail) to be employed. The process usually involves the prospective employer initiating the work authorization application, which, if approved, allows the individual to apply for a long-stay visa marked for work purposes.
This system ensures that foreign labor complements the local workforce and that employment conditions comply with French standards. The specific type of visa and work permit required depends on factors such as the worker's nationality, the duration of employment, the nature of the job, and the employer's specific needs. Understanding these requirements is crucial for both employers and employees to ensure a smooth and compliant relocation and employment process in Mayotte.
Common Visa Types for Foreign Workers
Foreign nationals intending to work in Mayotte generally require a long-stay visa (visa de long séjour) specifically designated for employment purposes. The type of long-stay visa depends on the nature and duration of the work.
- Long-Stay Visa for Salaried Employment (Visa long séjour valant titre de séjour "salarié"): This is the most common type for individuals coming to Mayotte under an employment contract with a local employer. It allows the holder to reside and work legally. Upon arrival, this visa often serves as the initial residence permit for the first year, after which a multi-year residence permit must be applied for locally.
- Long-Stay Visa for Posted Workers (Visa long séjour valant titre de séjour "travailleur temporaire"): For employees posted to Mayotte by a foreign company for a specific project or limited duration.
- Long-Stay Visa for Intra-Company Transferees (Visa long séjour valant titre de séjour "salarié détaché ICT"): For managers or specialists transferred from a company outside the EU/EEA/Switzerland to a branch or subsidiary in Mayotte.
- Long-Stay Visa for Highly Skilled Workers (Visa long séjour valant titre de séjour "Passeport Talent"): This category encompasses several sub-types for highly qualified individuals, researchers, artists, investors, and company creators. While less common for standard employment, it is an option for specific profiles.
Short-stay visas (Visa C or Schengen visa, although Mayotte is not in the Schengen area, French rules apply) are generally not suitable for taking up employment, although they may be used for business visits or initial prospecting trips.
| Visa Type | Primary Purpose | Typical Duration | Work Authorization Included? |
|---|---|---|---|
| Long-Stay "Salarié" | Employment under local contract | > 3 months | Yes |
| Long-Stay "Travailleur Temporaire" | Temporary/Posted work | > 3 months | Yes |
| Long-Stay "Salarié Détaché ICT" | Intra-Company Transfer | > 3 months | Yes |
| Long-Stay "Passeport Talent" | Highly skilled, specific profiles | > 3 months | Yes |
| Short-Stay (Visa C) | Tourism, business visits, family visits | Up to 90 days | No |
Work Permit Application Requirements and Procedures
The process for obtaining work authorization in Mayotte primarily involves the employer. The employer must demonstrate that they have attempted to recruit locally without success or that the position is on a list of occupations experiencing labor shortages.
Employer's Role: Work Authorization Application
- Job Offer: The employer must have a valid job offer for the foreign national.
- Labor Market Test: For most positions, the employer must advertise the position for a specified period (typically three weeks) through the relevant employment agency (Pôle emploi) to prove that no suitable local or EU/EEA/Swiss candidate is available. Certain highly skilled roles or positions on shortage lists may be exempt.
- Application Submission: The employer submits the work authorization application (demande d'autorisation de travail) to the Direction de l'économie, de l'emploi, du travail et des solidarités (DEETS) in Mayotte.
- Required Documentation (Employer):
- Completed application form.
- Copy of the employment contract (contrat de travail) signed by both parties.
- Proof of the labor market test (if applicable).
- Company registration documents.
- Details about the position and required qualifications.
- Proof of the company's financial standing.
- Any other documents requested by the authorities.
- Processing: The DEETS reviews the application, considering the labor market situation, the employer's compliance with labor laws, and the terms of the employment contract. Processing times can vary significantly, often taking several weeks to a few months.
- Approval: If approved, the DEETS issues the work authorization.
Employee's Role: Visa Application
Once the work authorization is approved, the foreign national can apply for the required long-stay visa at the French consulate or embassy in their country of residence.
- Visa Application Submission: The applicant submits a long-stay visa application for the appropriate category (e.g., "salarié").
- Required Documentation (Employee):
- Completed visa application form.
- Valid passport (with sufficient validity beyond the intended stay).
- Passport photos.
- Proof of approved work authorization from the DEETS in Mayotte.
- Copy of the signed employment contract.
- Proof of qualifications and professional experience (diplomas, CV, reference letters).
- Proof of accommodation in Mayotte.
- Medical certificate (if required).
- Criminal record check (if required).
- Proof of financial means (though the salary is the primary proof for work visas).
- Any other documents requested by the consulate.
- Interview: An interview at the consulate may be required.
- Processing: Visa processing times vary depending on the consulate and the applicant's nationality, typically ranging from a few weeks to two months.
- Visa Issuance: If approved, the long-stay visa is affixed to the passport.
Upon Arrival in Mayotte
Upon arrival, the foreign national must complete further administrative steps, which may include registering with the local authorities (Préfecture) to validate their visa as a residence permit or apply for a separate residence permit, depending on the visa type and duration. A medical examination may also be required.
Pathways to Permanent Residency
Obtaining permanent residency in Mayotte, as in mainland France, is typically achieved after residing legally and continuously in the territory for a specific period, usually five years.
- Eligibility: Generally, individuals who have held a valid multi-year residence permit for five consecutive years are eligible to apply for a long-term resident permit (carte de résident de longue durée - UE or carte de résident).
- Conditions: Applicants must demonstrate stable and sufficient financial resources, health insurance, and integration into French society. Integration is assessed based on knowledge of the French language (usually level A2 or B1), understanding of French values and the Republic's principles, and participation in civic life.
- Application: The application is submitted to the Préfecture in Mayotte.
- Benefits: A long-term resident permit is typically valid for 10 years and is renewable. It grants the holder the right to live and work freely in Mayotte and potentially other EU countries under specific conditions.
Certain categories of individuals, such as family members of French nationals or those with specific "Passeport Talent" statuses, may have different or accelerated pathways.
Dependent Visa Options
Foreign workers holding a valid long-stay visa or residence permit in Mayotte can typically bring their immediate family members (spouse and minor children) to join them. This process is known as "family reunification" (regroupement familial) or can be part of the initial visa application for certain statuses (e.g., "Passeport Talent").
- Family Reunification (Regroupement Familial): This process requires the main visa holder to have resided legally in Mayotte for a certain period (usually 18 months) and demonstrate stable accommodation and sufficient financial resources to support their family. The application is submitted to the Office Français de l'Immigration et de l'Intégration (OFII). The family members then apply for long-stay visas based on the approved family reunification application.
- Accompanying Family (Famille Accompagnante): For certain statuses, particularly the "Passeport Talent," the main applicant can apply for visas for their spouse and minor children simultaneously with their own application. The spouse of a "Passeport Talent" holder is often granted a residence permit allowing them to work.
Required documentation for dependents typically includes proof of the family relationship (marriage certificate, birth certificates), passports, and potentially proof of financial support and accommodation.
Visa Compliance Obligations for Employers and Employees
Both employers and foreign employees in Mayotte have significant compliance obligations to ensure legal status and adherence to labor regulations.
Employer Obligations:
- Verify Work Authorization: Ensure the foreign national has the necessary work authorization and visa/residence permit before they start working.
- Comply with Labor Law: Adhere to French labor laws regarding working hours, minimum wage, social contributions, safety standards, etc.
- Declare Employment: Properly declare the employment to the relevant authorities (e.g., URSSAF).
- Inform Authorities of Changes: Notify the Préfecture and DEETS of any changes to the employee's situation (e.g., change in job role, termination of contract).
- Pay Social Contributions: Pay mandatory employer and employee social security contributions.
- Assist with Renewal: Support the employee in the process of renewing their residence permit if the employment continues.
Employee Obligations:
- Maintain Valid Status: Ensure their visa and residence permit remain valid throughout their stay and employment. Apply for renewal in a timely manner before expiry.
- Reside Legally: Reside only in Mayotte (or France) as permitted by their visa/permit.
- Work Legally: Only engage in the employment activity for which the work authorization was granted.
- Inform Authorities of Changes: Report changes in personal situation (e.g., address, family status) to the Préfecture.
- Pay Taxes and Contributions: Comply with French tax obligations and employee social security contributions.
- Respect French Law: Abide by all French laws and regulations.
Failure to comply with these obligations can result in significant penalties for both employers (fines, potential ban on hiring foreign workers) and employees (fines, detention, deportation). Maintaining open communication and diligent record-keeping is essential for compliance.
