How to distinguish between a work visa, a work permit and a residence permit?
The first question to ask yourself is whether you are legally authorized to enter, stay and work in the country. Do you have a visa that allows you to enter the country as an economic immigrant?
The work visa
This visa allows you to enter the country for a specific reason and for a given time. There are several visas, each of which applies to a specific situation: tourist, student, work, etc. You might think that work visas automatically give you the right to work, but this is not true! They only allow you to enter the country as an economic immigrant. In fact, your work visa only authorizes you to apply for a work permit.
In rare cases, working with your visa alone will be possible. But these cases are exceptional and concern only a few countries. The main rule is that you need a work visa to legally enter the country for a specific reason. So, you should make sure to choose the right visa for your situation.
The tourist visa, just like the student visa, does not allow you to apply for a work permit. Therefore, if you wish to work while being a student, you will need to obtain a waiver from the institution in which you have been enrolled. The institution, which normally takes care of all the necessary procedures, will send you the exemption document, which you will need to forward to the local authorities as soon as you enter the host country.
The work permit
The work permit allows you to work in a foreign country legally for a specific employer, a given position, and a defined period of time. All of these details will be clearly indicated in the document. Generally, the work permit is linked to the employer you work with. Therefore, keep in mind that your respective rights and duties are linked to the work permit and, as such, to your employer.
The residence permit
Be careful not to mix up residence permits, work permits and visas. The residence permit authorizes its holder to stay in the country for a specific period. This permit also allows you to leave your expat country for a while and return. But be cautious not to leave for too long. A prolonged absence may result in the cancellation of the residence permit.
In short, the visa allows you to enter the country for a specific reason and for a particular period of time. The work permit authorizes you to work for a specific employer, in a specific job, and for a defined duration. Finally, the residence permit allows you to stay in the country for a specific period of time.
What should you expect from an employment contract as an expat?
One might think that all expatriations are linked to expatriation contracts. But, in fact, it is quite the opposite. People going abroad under an expatriation contract do not represent the majority of expatriates. There are three main types of contracts for expatriates.
The international transfer
If your employer sends you on a temporary assignment abroad, it will be considered an international transfer. Therefore, you remain under contract with the employer in your country. To ensure the legality of your assignment abroad, your employer will amend your current contract. Take the time to read your supplementary agreement carefully. It must determine which jurisdiction will apply during the assignment, which taxes will affect your salary, and how your return to the company will be organized.
The expatriation contract
Legally, an expatriate is someone who goes to work abroad under an expatriation contract. However, there are two possibilities: either you are employed by the company in your home country but work for a company abroad, or your company offers you a long assignment overseas. In both cases, an expatriation contract will establish the legal terms of your mission in the foreign land, binding you with the employer who sends you abroad. You can specify clauses that are specific to your situation (for example, if you are moving with children or with your spouse). You will need to enter into a new contract with the company in the host country. During your stay overseas, you will be subject to the prevailing legislation of the host country.
The local contract
Many expatriates opt for a local contract with the company in the host country. If this is the case, you will fully depend on the law prevailing in your expat country. Make sure you are aware of the labor laws and regulations in your host country. Pay particular attention to conditions relating to work permits and changes in professional activity, resignation, requests for promotion, and hierarchical relations within the company.
Will you get an oral or written contract?
Oddly enough, the employment contract does not necessarily have to be in writing. It all depends on the type of contract. In France, for example, the open-ended contract (CDI) may not be written, as it is considered the basic form of employment agreement. But in practice, and for obvious security reasons, employment contracts need to be in writing. So always ensure you have a written employment contract, even for a small job or a short assignment. Be careful with some classified ads. Do not start a job without a legal employment contract. Your name and address should be spelled correctly. So should your status, position, and remuneration, which also need to be clearly stated. Employer information should also be included in the contract. Don't forget the signatures (yours and your employer's) and the date.
What is your legal status?
As mentioned above, the employment contract should clearly mention your status. However, not all statuses allow for all jobs or all types of employment contracts. For example, if you are an international student, you cannot apply for a full-time job, as students are limited to a certain number of hours per week. The same applies if you have a Work Holiday Visa (WHV). Furthermore, you are not allowed to work in the nightlife sector in both cases. The term is vague and can be confusing. The restriction does not apply to jobs that can be done at night (for example, working in a youth hostel, working in a convenience store, etc.) but to jobs that may be even remotely related to disorderly or potentially illegal activities (for example, working in cabarets).
What should the employment contract include?
As mentioned before, your employment contract must clearly mention your personal information (name, address, email address, etc.) and those of the hiring company. These details will allow you to verify that the company really exists. However, the employer's name is not enough. The actual business needs to provide legal proof of existence, like a Business Registration Number.
In addition, the employment contract must specify your status, on which your salary may depend. Therefore, check that your contract indicates your correct status. At the same time, verify your job title and your tasks. These might be different from the job offer you applied for. Your contract should also clearly state your salary and working conditions (overtime, remuneration and calculation, trial period, etc.).
Pay special attention to the language in which the contract is written. In principle, the host country's language prevails, hence the importance of learning it. Your employer can also provide you with a translation in the language you understand, but some terms could be poorly translated or untranslatable in your language. The contract can also be written in a language that both you and the employer understand. In any case, ensure you understand the contract terms before you sign it.
How do I know if my job is properly declared?
You think you've found your dream job but realize that the company was not registered or did not declare you. In either case, you will be in breach of the law.
To be sure you are working legally, check with authorized organizations. In France, the Union de Recouvrement des Cotisations de Sécurité Sociale et d'Allocations Fammilliales (URSSAF) will help you find out if you are properly declared or not. The United Kingdom has set up the Check Employment Status for Tax (CEST) and Belgium has created the "my career" platform. Other systems will allow you to check the existence of a company (see links at the end of the article).
More tips
To make sure you can work legally as an expatriate, take the time to plan your professional project. Will the chosen visa be enough? What are the provisions of your work permit? What is the nature of your contract? Be wary of some ads on the Internet, and carry out a background check of your employer. Before starting your job, learn about the work environment in your expat country, the legislation, and the corporate culture, and make sure your contract is properly signed. If in doubt, contact your host country's immigration services.
Useful links:
How do I know if my work is declared?
Search for proof of registration of a company (Online)
France: company search; Search for proof of business registration
To find out about non-complying companies:
