Regularisation through work (AES): conditions and limits

By The FrenchPappers team · Published on 20 July 2026 · Last checked on 20 July 2026 · 6 min read

Regularisation through work (exceptional admission to residence, articles L435-1 and L435-4 of the CESEDA) allows an undocumented foreign national to apply for a residence card. It remains a discretionary decision of the prefect: no condition met guarantees the permit, and no service can promise it.

What is regularisation through work?

"Regularisation through work" is the common name for exceptional admission to residence (AES). It is a procedure provided for by the CESEDA (Code governing the entry and residence of foreign nationals and the right of asylum) that allows a person present in France without a residence permit to apply for a residence card by relying, in particular, on a professional activity. Two articles govern it: article L435-1 (exceptional or humanitarian grounds, including work) and article L435-4 (shortage occupations), created by the immigration law of 26 January 2024.

We must be clear from the outset: this procedure opens no automatic right. Meeting all the conditions does not guarantee you the issuance of the permit. It is this point, often left unsaid, that should guide your decision.

The two legal routes: L435-1 and L435-4

Since the law of 26 January 2024, two legal bases coexist. Article L435-1 covers admission to residence justified by exceptional grounds, including work in an occupation that does not appear on the list of shortage occupations. Article L435-4 specifically targets shortage occupations and geographic areas. The table below summarises their differences.

Shortage occupations: the 2024 route

The law of 26 January 2024 created, on an experimental basis, an option to apply on your own for a residence card when you work in a "shortage" occupation, that is, one experiencing recruitment difficulties. The conditions set by article L435-4 are as follows:

• having worked at least 12 months, consecutive or not, over the last 24 months, in a salaried activity appearing on the list of shortage occupations;
• holding, at the time of the application, a job in one of these occupations;
• proving uninterrupted residence of at least 3 years in France.

Beware of three concrete limits. First, periods worked as a seasonal worker, student or asylum seeker are not counted. Next, the list of shortage occupations is set by decree and varies from region to region: an occupation that is "in shortage" where you live is not necessarily so elsewhere. Finally, an entry in bulletin no. 2 of the criminal record can by itself cause the application to fail. This scheme is temporary: unless extended, it ends on 31 December 2026.

A discretionary decision: what no service can promise

Even when all the quantified conditions are met, including for shortage occupations, the prefect retains a power of assessment. They examine social and family integration, respect for public order and adherence to the values of the Republic. Issuance "does not constitute a right": two seemingly identical applications may receive opposite answers depending on the prefecture and the assessment made.

This is why we refuse to oversell any kind of support service. No service, ours included, can turn a discretionary decision into a guaranteed outcome. A serious professional helps you present a complete and coherent application; they never promise you the permit. If your situation falls under a humanitarian ground or a vulnerable situation, it will be better served by a specialised association than by a commercial service.

The 2025 circular tightened the criteria

The framework changed recently. The circular of 23 January 2025, known as the Retailleau circular, repealed the Valls circular of 28 November 2012 that had served as a benchmark for more than ten years. The criteria are now stricter: the length of presence highlighted to assess integration rises from around 5 to around 7 years, and command of French or a French diploma is viewed favourably. A circular is not a law and does not create any right, but it guides the practice of prefectures: you must take it into account to assess, clear-headedly, your real chances.

Where to find free and reliable help

Before spending anything, we encourage you to consult the free, competent nonprofit organisations that specialise in these matters. The GISTI (Group for information and support of immigrants) publishes detailed legal guides on AES through work. La Cimade runs support clinics in many cities. The RESF (Education Without Borders Network) and the MRAP can also point you in the right direction. These associations are not government services, but they have a fine-grained understanding of prefecture practices and can tell you, with no commercial interest, whether your application has a serious chance.

Financially, the AES application requires payment of a stamp duty (€100 at the time of writing, article L436-4 of the CESEDA). To anticipate all the costs, see our page on the cost of a residence permit in 2026. The procedure most often goes through an appointment at the prefecture, and a favourable answer first gives rise to a receipt before the card itself.

Frequently asked questions

Can a regularisation through work be guaranteed?

No. Exceptional admission to residence is a discretionary decision of the prefect. No service, lawyer or agency can promise its issuance, even if all the conditions appear to be met.

Do you need your employer's consent for a shortage occupation?

No for the L435-4 route: since the law of 26 January 2024, the employee can file their application on their own, without the employer's consent. Supporting documents for the activity (pay slips) nonetheless remain necessary.

How many years of presence in France are required?

For shortage occupations (L435-4), at least 3 years of uninterrupted residence. For other grounds (L435-1), the 2025 circular highlights a length of around 7 years, assessed case by case.

What to do if you are refused?

A refusal can be challenged within strict deadlines, sometimes accompanied by an order to leave the territory. It is wise to seek assistance quickly: see our page on appeal after a residence permit refusal and, if needed, on the fact of turn to a lawyer or go it alone.

Is the shortage occupations procedure permanent?

No. The scheme of article L435-4 is temporary and provided for until 31 December 2026, unless extended by decision of the legislature.