Focus on legislation: immigration draft law

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FOCUS ON LEGISLATION: IMMIGRATION DRAFT LAW

The government has initiated an accelerated procedure for quick adoption of the draft law (meaning in the coming months).

Aims of the reform

  • Reinforcing integration of foreigners through accompanying measures or coercive measures, and even sanctioning failure to integrate as a result of behaviour deemed unsuitable.
  • Lowering the threshold for protection against removal and extending the effects of measures taken for the protection of public order.
  • Structural reform of the asylum system and simplification of the rules on legal disputes involving foreigners.

 

At this stage, here are the main measures concerning professional immigration

Integration of foreigners through work and language : 

  • Obtention of a multi-year residence permit subject to a certain level of knowledge of French language (which has yet to be defined)
    Foreigners exempt from the CIR (Republican Contract of Integration: Contrat d’Intégration Républicain) are not concerned by this measure, in particular those with Talent Passports, students or intra-company transfer posted workers.

 

  • Creation of a temporary residence permit with the mention “work in sectors in demand” without sponsorship, aimed at regularising the immigration status of undocumented workers, but open to all foreigners, whether they have legal immigration status or not. Pilot scheme scheduled to run until the 31st of December 2026.

 

  • Accelerated access to the job market for asylum seekers from countries with a high level of international protection in France – now applied on arrival in France and no longer 6 months later

 

  • Creation of an individual company (entreprise individuelle, EI) subject to obtention of a residence permit authorising the exercise of this professional activity.
    Objective → to prevent the practice observed in some sectors of activity, particularly in the delivery sector, consisting of employers using the services of foreigners who have established an individual company but do not have without legal immigration status, in order to bypass the obligation to employ them.

 

  • “Talent Passport” category status replaced by the term “Talent”

 

  • Fusion of permits currently granted for creating companies, economic innovative projects, and investment in France under one permit known as of “Talent – Business Project”.

 

  • Creation of a new multi-year “Talent – Medical and Pharmacy Professions” residence permit reserved for healthcare professionals – and their families – recruited by a non-profit private or public healthcare, social or medico-social facility

 

Integration of foreigners through respect of Republican principles

  • New obligation for foreigners applying for a residence permit to commit to respecting Republican principles; failure to do so is sanctioned by non-renewal or withdrawal of the residence permit.

The two articles of the draft law apply to all residence documents provided for in article L. 411-1, apart from those applicable to Algerian nationals, which remain exclusively regulated by the Franco-Algerian agreement of the 27th of December 1968.

This commitment will apply to all requests for issuance or renewal of a residence permit, and failure to respect may lead to residence permit withdrawal.

  • In order to assure effective integration, the government also intends to require, for the renewal of multi-year residence permits or resident cards, proof of habitual and effective residence on the territory as well as of the transfer of the essential of private and family interests.

Habitual residence implies that foreigners reside in France for at least 6 months of the civil year, for the last three years preceding the application submission.

If these two conditions are not met, the residence permit (certain multi-year residence permits – Talent Passports except for Talent Passport: Worker on Assignment – and the resident card) cannot be renewed.

 

A new administrative sanction for infringing the ban on employing a foreigner not authorised to work in France

  • New administrative fine, adding to the arsenal of sanctions that already exist, in the event of violation of the ban on hiring a foreigner not authorised to work in France. 

The fine, limited to €4000, may be doubled in the event of reoffence within two years.

We’ll keep you up to date with the developments of this reform, as certainly not all the measures initially planned will be adopted.

 

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