Dublin-procedure asylum seekers lose access to French labour market

Asylum seekers in France who are subject to a decision transferring them to the State responsible for examining their application — the procedure known as « Dublin » — have lost the right to access the labour market with effect from 12 June 2026, the date the Pacte européen sur la migration et l'asile took effect. From that date, no new work-authorisation application filed for a person in this situation can succeed: only applications submitted before 12 June 2026 for a person in this situation, concerning foreigners whose asylum application had already been registered by the guichet unique des demandeurs d'asile (GUDA) for more than six months at that point, can still receive a favourable decisionService Public.

For employers, HR and payroll compliance staff, the consequence is that the status of the asylum file must be checked before any work-authorisation request is filed or pursued: where a Dublin transfer decision has been issued, only an application submitted before 12 June 2026 for a person in this situation — for a person whose asylum request had been registered by the GUDA for more than six months by then — can still be grantedService Public. No new application for a person in this situation can receive a favourable decisionService Public.

Asylum seekers who are not subject to such a transfer decision keep the existing route into work. No work authorisation is available during the first six months: for applications filed before 12 June 2026 that period runs from the introduction of the asylum request before the Office français de protection des réfugiés et apatrides (Ofpra), while for asylum requests filed since 12 June 2026 it runs from registration of the asylum request at the competent GUDA. After six months, the employer may apply for a work authorisation if the applicant holds an attestation de demande d'asile and Ofpra has not decided on the asylum claim within six months.

Every application is examined under the rules that apply to all foreign workers in France: the administration checks the employment situation in the occupation and employment area concerned, and has two months from receipt to decide — silence at the end of that period means the authorisation is deemed granted. A promise of hire or an employment contract must accompany the request. The authorisation cannot outlast the récépissé, which runs for six months, and it is renewable until Ofpra decides. While waiting for Ofpra's answer, an asylum seeker who meets the conditions may receive the allocation pour demandeur d'asile (Ada).

If Ofpra rejects the claim and the applicant appeals to the Cour nationale du droit d'asile (CNDA), the right to work can be kept only where a work authorisation had already been obtained before Ofpra's rejection and the applicant has the right to remain in France while the CNDA examines the appeal; renewal is then possible until the CNDA decides.

Legal basis: Code de l'entrée et du séjour des étrangers et du droit d'asile, articles L554-1 to L554-4 on access to the labour market.