Our experts in Immigration are here to explain everything there is to know on the latest news about Immigration in France and Europe.
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PRACTICAL DEVELOPMENTS
Excessive waiting times in Tunisia
For the introduction of foreign workers under the “employee” status, the future employee must undergo a medical visit at the local French Office for Immigration and Integration (OFII) and then apply for a long-stay visa.
However, as visa restrictions have come to an end, the OFII in Tunis is currently overwhelmed with applications. According to our sources, over 10,000 people are awaiting summons, which is considerably delaying the time it takes to obtain visas, arrive in France and start work.
We’re currently estimating waiting times of 2 to 4 months.
Passport validity
We’ve noticed that more and more consular offices are requesting presentation of a passport valid for at least 15 months when submitting an application for a long-stay visa.
This is particularly the case in Turkey, Tunisia, Lebanon, India, the Ivory Coast…
We inform your employees of this when preparing the application, but longer waiting times to renew the passport may be necessary, which will then impact the time it takes to obtain the visa and start work in France.
THE RESIDENCE PERMIT AUTHENTICATION DECLARATION
What is it?
The residence permit authentication declaration is an obligation for the employer, under certain conditions, when hiring a foreign national. The purpose is to check that the residence permit is not a fake.
What are the sanctions?
Failure to complete residence permit authentication is punishable with the fine applied to 5th class contraventions. Repeat offences are equally sanctioned.
How do I go about it?
Since the reform of the 31st of March 2021, the employer must contact the prefecture where the headquarters of the company are located, at least two working days before the hiring, and then send the elements relating to the current employment contract as well as copy of the current residence permit.
The law provides for a response within 2 working days, and no response within the time limit constitutes tacit agreement.
All evidence of the completion of these formalities must be kept safe in HR files.
Summary diagram
FOCUS ON OVERSEAS FRANCE: SPECIFICITIES CONCERNING NEW CALEDONIA
General considerations on Overseas France
The distinction between metropolitan France and the DROM-COM (overseas departments and regions and overseas collectivities) is crucial in terms of immigration, as the DROM-COM are French territories situated outside of Europe and which are not part of the Schengen Area.
This means that these territories have specific entry and exit conditions.
The Schengen acquis only applies to the metropolitan territory (see article 138 of the Convention Implementing the Schengen Agreement).
As a result, a Schengen visa does not allow entry into an overseas department, collectivity or territory, and a visa granted for overseas France does not allow entry into the Schengen Area.
If a visa applicant wishes to go to the Schengen Area as well as to an overseas department or collectivity, they must submit separate visa applications.
Example : an Ivorian national who must work in Martinique with a transit via metropolitan France = a Schengen visa + a long-stay overseas visa.
For a stay of longer than 3 months for a non-European national, a long-stay visa issued by the Prefecture of residence (if departing from metropolitan France) or by the Consulate of France in the country of origin, must be obtained beforehand.
New Caledonia specificities
New Caledonia, an overseas collectivity with a special status, has competence in matters of work and employment law.
This means that the legislative or regulatory provisions applicable on a national level in these domains cannot be transposed to New Caledonia.
Also, immigration statuses are not known by the same names as in metropolitan France. For example, the Talent Passport and Intra-Company Transfer statuses do not exist in New Caledonia.
These permits are granted according to the length of stay and the reason (professional or family).
Our experts are available to help, so don’t hesitate to get in contact with them!
