Refusal of an Employee Visa: How to Challenge it Before the Administrative Court

Refusal of an employee visa has become much more common in 2026 than it was in 2016. In this article, I will explain why, and also how to find a solution to this problem. Another issue stems from the Administrative Court of Nantes, which has jurisdiction over this type of case and has seen its judgment timeframes skyrocket since 2024.

Why has the number of employee visa refusals exploded? This is due to the change in the work permit application procedure introduced in 2021. Prior to this date, companies applied to the DIRECCTE for a work permit for their employees residing abroad. Among the criteria examined by the DIRECCTE was the person-job fit. However, following the reform, this criterion was abolished.

One might have thought this was a good thing, but in reality, the criterion was “reclaimed” by the consulate. And if there is one thing consulates wish for, it is to reduce the number of visas granted to foreign nationals, even when it comes to coming to work in France. People often think in economic terms, looking at the wealth generated by an employee. But the administration completely disregards this. Its sole motivation is to reduce immigration, whether economic or otherwise.

Consequently, while the company in France obtains the work permit, the employee is denied their long-stay visa by the consular authorities, and that is where the battle begins. However, before embarking on legal proceedings, it should be noted that an employee visa refusal can be avoided if the application is, on the one hand, well-prepared, and on the other hand, if the reality of the foreign national’s professional experience is proven by convincing documentation.

Indeed, it is always on this ground that the consulate refuses the visa: it indicates that the documents provided are not authentic. Sometimes rightfully so; we see fake employer certificates or forged payslips in certain files. The result is then disastrous because the consulate will contact the former employer and verify the accuracy of the provided documents, which leads to a refusal.

If the decision is challenged before the Administrative Court of Nantes, the objective will be to demonstrate the reality of the professional experience of the foreign national who received an employee visa refusal. Ideally, however, this evidence should be prepared before the long-stay visa application. This is the best way to guard against a refusal and avoid court proceedings. Yet, it is true that in some countries and with certain consulates, the chances of rejection remain extremely high, even with solid evidence.

Before the Court, it will be necessary to produce these documents and explain the reality of the future employee’s professional experience. Diplomas are also useful, if not essential, documents. In a recent case where the administration questioned the evidence of the employee’s experience due to a discrepancy in the payslips, the accountant of the company abroad provided an affidavit explaining the discrepancy, which convinced the Court.

It has become much more difficult to sponsor a foreign employee due to employee visa refusals. However, it is not impossible, but it is absolutely imperative to prepare an extremely solid file from the very beginning. One should also not hesitate to challenge the refusal if the file is strong.

I often observe employee visa refusals that are not contested when they should be. Of course, this depends entirely on the evidence provided. If it is too weak, it is better to submit another visa application with better documentation.

Even though the delays are long, you should not hesitate to challenge the employee visa refusal in court whenever possible. However, pay close attention to the appeal deadline, which is only 30 days.