Ce que fait un avocat en immigration
They analyse the legal route that fits the profile and the offer (work authorization, Blue Card, digital nomad, intra-corporate transfer), prepare the file with all the documentation, follow up with the administration, and file appeals if the response is negative.
Their value lies in cases with complications: denials, criminal records, status changes, family members, tight deadlines. In a standard file, their work is very similar to that of a specialised labour consultancy, and there the cost difference is not always justified.
Quand votre entreprise en a réellement besoin
The first hire of a non-EU worker is the typical case: your SL has no internal procedure, does not know what documents the consulate requires, and cannot afford a mistake that leaves the worker stranded. A lawyer puts together the file, sets out the deadlines, and clears up doubts.
Also in delicate situations: a previous denial that needs to be appealed, a worker with an irregular history that needs to be regularised, or an offer with atypical conditions regarding sector, working hours, or remuneration. There, the error is not fixed by simply resubmitting the application.
Quand vous pouvez vous en passer
Hiring a citizen of the EU, Iceland, Liechtenstein, Norway, or Switzerland does not require any permit: only the EU citizen registration if the stay exceeds three months. There, an immigration lawyer is unnecessary.
For standard profiles with a Blue Card or work authorization, a consultancy specialised in internationalisation processes the file without a lawyer. The difference is fundamental: a lawyer is justified when there is a risk of litigation or appeal, not in the normal flow of hiring.
Ce que coûte une erreur
Hiring a worker without authorization is a serious infringement of the Immigration Act, with fines from €501 to €10,000 for the company, plus Social Security debts and the risk of expulsion for the worker. The penalty applies even if the hiring was in good faith.
On the time side, an initial authorization is resolved within a maximum of three months, with positive silence if there is no response. An incomplete or poorly presented file restarts the process and can turn three months into eight.
Si votre filiale est dans un autre pays, la loi applicable est celle du pays
A Spanish lawyer is not useful for hiring in the German, Portuguese, or French subsidiary: each country has its own immigration regime, with its own bodies and deadlines. Germany processes through the Ausländerbehörde, Portugal through AIMA, France with the OFII in the middle.
To hire non-EU talent in a subsidiary, the efficient approach is a local consultancy in the destination country or an international firm with its own network. The general EU framework, such as the Blue Card, helps, but execution is always national.
