Visa requirements for working in New Caledonia

Foreigners intending to work in New Caledonia will first have to get a work contract issued by the future employer in New Caledonia. Foreigners or the recruiting office will have to contact the French diplomatic representation in the country of residence (French immigration authority) to ascertain what visa requirements might need to be satisfied. The French immigration authority will also advise whether a work permit is required and will subsequently liaise with the Foreigners' Bureau at the French High Commission in New Caledonia, which falls under the jurisdiction of the French State. This bureau manages all the foreigners living or entering New Caledonia and can provide all the information on residing and working in New Caledonia according to the country of origin. In turn, the Foreigners' Bureau advises the Labour Office of New Caledonia that a work permit has been lodged.

The application is to be lodged at the French diplomatic representation abroad. The application must include: a form to fill out (with ID photographs); a work contract in English, and a copy in French. The contract is to be signed by the employer and the employee, indicating the nature of the employment, the salary, the number of hours to be worked per week, the place of employment and the employer's references, such as the Company’s registration with the Tribunal of Commerce of Noumea; a medical certificate attesting to the applicant’s ability to work, issued by a doctor registered before the French representation abroad; an extract of the police record issued by the relevant authority in the country of origin. In the event a favourable decision is made on the application, a return ticket to the country of origin or a payment to the Treasury Department in Noumea of the equivalent amount of money.

Once the application is received by the Foreigner's Bureau, it passes it to the Service of the Administrative Coordination and Institutions (SCAI) which acts as a liaison officer between the French State and the New Caledonian Government. New Caledonia has its own laws and some do not correspond to French law, particularly with regards to employment.

The SCAI liaises with the Labour Office in New Caledonia which deems if whether or not the work could be undertaken by local workers.

The SCAI sends the application and its recommendation to the Labour Office for consideration by the Government of New Caledonia during its weekly session at Congress. In the event that the position can be filled locally, the New Caledonian Government will more than likely refuse the permit to work. The Foreigner's Bureau will also ask the view of the New Caledonian Government on long stay visas not related to work visas. The process can take up to one month.

The resolution of the Government of New Caledonia is forwarded to the Foreigners' Bureau. The Foreigners' Bureau notifies the French representation abroad of the final decision so that it may issue the visa. If the Government of New Caledonia refuses the visa to work, its decision will be final.

 

F.A.Q.:

Who should apply for a work permit in New Caledonia and how?

Any foreigner or the recruiting office charged by the employer of hiring him overseas. Anyone who does not have French citizenship and wants to work in New Caledonia, including, but not limited to, citizens of the European Union. 

How is the work permit issued and where?

The work permit is issued by the Government of New Caledonia who makes its decision after consulting with the Director of the Labour Office, after taking into account the salary and employment conditions offered by the local employer to the foreign as these conditions need to be the same as those applicable to local employees. The work permit takes the form of the word "salaried employee" written on the resident visa which is on a card and a note on the type of employment authorised. A work permit card is also issued.

What is the validity of a work permit?

Regardless of whether or not the work contract is a fix term contract, a foreigner taking on a job with a local employer is granted a temporary work permit that needs to be renewed. The length of the work permit cannot exceed six months and can be renewed for the same length of time each time. 

Can I renew my work permit?

A foreign employee, holding a work permit which is due to expire, can ask for its renewal. The application for renewal must be made at the Foreigner’s Bureau in the same manner as for an initial application, three months prior to the expiry date.

What happens if a local employer hires a foreigner without a work permit?

It is forbidden for anyone to employ a foreign national not holding a work permit. It is also forbidden for a local employer to employ or hire the services of a foreigner in a professional category or for a position other than the one indicated on the work permit. Any offence noted by the work inspection office or by police officers can lead to severe penalties.

Are my rights the same as local workers?

According to what type of work you will be doing, i.e. 10 days on and 4 days off or 5 days a week, and unless you hold a managerial position, you will be required to work 169 hours per month, this is an average of 39 hours per week. As the contract will first go before the New Caledonia Labour Office in charge of controlling working regulations, if anything is found that is not in line with the law, the employers will have to modify the contract accordingly, your rights will always be protected. You have the right to lunch breaks, up to 2 hours per day, the right to sick leave, etc. Just like other workers in New Caledonia.

What about health insurance?

Regardless of the type of health cover you already have, you will be required to join local Social Security scheme and pay a monthly fee that will be deducted from your salary and paid directly to the Social Security by your employer. You may also enrol locally with a private health fund so that you are nearly fully covered up to 100%.