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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IMMIGRATION BILL
On the 14th of November, following their review and an in-depth rewriting of the text submitted by the government, senators adopted a bill that’s been significantly reinforced before its submission to the National Assembly (Assemblée nationale).
Here are the main “additions” from the Senate:
• Removal and replacement of the residence permit mechanism for “sectors with labour shortages” in favour of a strictly controlled regularisation procedure, with the final decision subject to the prefect’s discretion.
• Change of “Talent Passport” category name to “Talent”
• Creation of a new multiyear “Talent – Medical and Pharmacy Professions” residence permit
• Family immigration: reinforced conditions of access for family reunification
• Integration: minimum language requirement set to A2 for a multiyear residence permit (so, the same level needed for a resident card)
• Student immigration control: “disincentivising deposit” for the obtention of a first student residence permit + proof of the “real and serious” nature of the study programme, in order to confirm the validity of the residence permit + increase in university fees for non-EU students
• Restriction of conditions to access nationality
Last update:
The version of the text voted by the senators was subsequently heavily reviewed by the Law Commission (Commission des lois). Finally, the surprise adoption of the motion of rejection this Monday (11th of December) by the deputies brought debates to an end prematurely, and officially confirmed the lack of consensus on the bill.
In response, the government has decided to convene a joint commission (Commission mixte paritaire – CMP) to try and find a compromise between the deputies and the senators. We will of course keep you informed of any updates to this legislative process.
For more information: here’s a summary on the Senate website.
ILLEGAL EMPLOYMENT
United Arab Emirates
The VFS Centre in Dubai has been closed since the 1st of November 2023.
Now all visa applications must be submitted to the Abu Dhabi VFS Centre, by appointment or directly online using an optional paid service.
Submissions without an appointment are however possible for the following applicants:
• All long-stay visas (particularly Talent Passport, ICT posted worker)
• EU spouse
• Return visa
The new centre should open on the 18th of December 2023 (according to the website), but the Consulate have confirmed to us that as of now, it is possible to go there.
All of this information is available on the Consulate website here
Tunisia
A new TLS Centre has been open in Sfax since the 6th of November 2023.
The submission location will depend on the applicant’s place of residence :
All this information is available on the Consulate website here
CBE DIRECTIVE
As we mentioned in our newsletter from the 29th of June, a new CBE directive adopted on the 20th of October 2021 modifies the entry and residence conditions for highly qualified workers.
The text entered into force on the 17th of November 2021 and made the attribution conditions for this status more flexible, giving the Member States until the 18th of November 2023 to transpose the measures into their national law.
Unlike our German neighbours, for whom the new mechanism has been applicable since the 18th of November, France remains yet to transpose this measure into French law.
“TALENT PASSPORT – WORKER ON ASSIGNMENT” CHANGE OF STATUS TO ANOTHER RESIDENCE PERMIT ON PROFESSIONAL GROUNDS
We’d urge you to be particularly attentive regarding “Talent Passport – Worker on Assignment” (PT SEM) changes of status to another residence permit on professional grounds.
We noticed that whether there’s a change in mission and/or employer (A) or not (B), this procedure is often refused by the administrative offices.
A. “PT SEM” change of status to another residence permit on professional grounds, with a change of mission and/or employer
This change of status can be tricky when there’s a change of employer, as the “PT SEM” residence permit does not allow for a change of mission or a change of employer.
However, since 2021, the “PT SEM” change of status to another residence permit on professional grounds is allowed.
Nevertheless, this can be considered as abuse of procedure.
As a result, some administrative offices have been refusing “PT SEM” changes of status with change of mission and/or change of employer to another residence permit on professional grounds.
B. “PT SEM” change of status to another residence permit on professional grounds, with neither a change of mission nor employer
In theory, this type of change of status is less problematic, given that this does not constitute an abuse of procedure if the applicant meets the conditions of the requested residence permit.
Despite the mechanism provided for by the relevant texts and the fact that this is not an abuse of procedure, several administrative offices refuse “PT SEM” changes of status on professional grounds with neither change of mission nor employer.
For either situation, a reintroduction procedure from abroad will be necessary.
Just to remind you, the “PT SEM” status does not grant eligibility to the 10-year resident card, nor to French nationality.
Our experts are available to help, so don’t hesitate to get in contact with them!
