LATEST DEVELOPMENTS IN IMMIGRATION PROFESSIONAL IN FRANCE

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 REFORM

Timeline

On the 26th and the 27th of December 2023, following the Parliament’s adoption, the matter was referred to the Constitutional Council by the President of the Republic, the president of the National Assembly, over 60 deputies and over 60 senators.

The Constitutional Council delivered its decision on January the 25th, and over a third of the law’s provisions (32 articles out of 86) have been rejected.

Here’s a non-exhaustive list of the measures, specifically some of the most controversial ones, which have been dismissed:

• Definition of annual migratory quotas by the Parliament
• Use of coercive measures to take fingerprints and photographs of undocumented foreign nationals if they refuse
• Toughening up for access to family reunification
• Establishment of a deposit for foreign students
• Reinstatement of an illegal residence offence
• End to citizenship by birth (jus soli) for children born to foreign parents
• Restriction of access to social security benefits

The law was announced by the President on the 26th of January, and entered into force immediately, excluding the removed measures.

Implications of the new provisions for professional immigration

1. “Talent Passport” is becoming “Talent”

This is the biggest change that is likely to impact you.
The terminology is now changing for all applications after the 26th of January 2024. It will take some time for the administrative offices to adapt and implement the changes.

2. An annual revision of the list of sectors facing labour shortages has officially been provided for

3. Residence document issuance conditioned to the signature, by the foreign national, of a contract of commitment to the respect of French republican principles, as well as the creation of a civics exam.
⇾ Passing this exam is a condition for the granting of a multi-year residence permit, resident card, and naturalisation, just like the language test.

4. Creation of grounds for residence document refusal or withdrawal, if held by a foreign national whose behaviour demonstrates a rejection of French republican principles and values.

5. Knowledge of French language goes from an obligation of means to an obligation of result by conditioning the first issuance of a multi-year residence permit (CSP) to a level A2 in French, the first issuance of a residence card to a B1 level, and naturalisation to a B2 level.

6. Renewal refusal if the applicant cannot prove that their usual place of residence is in France.

7. Compliance :

The article 34 of the law modifies article L. 82256-2 of the French Labour Code which now reads:

“The act of hiring, retaining or employing for any period whatsoever, directly or through an intermediary, a foreign national who is not in possession of a document authorising them to work as an employee in France, is punishable by 5 years imprisonment as well as a fine of €30,000 (…) These penalties are increased to 10 years imprisonment and a fine of €200,000, when the offence is committed as part of an organised group”.

⇾ Before the reform, the penalty was 5 years of prison and a €15,000 fine.

DIGITALISATION OF SCHENGEN VISAS

Following the adoption of two regulations by the Council of the EU at the end of 2023, Schengen visa applicants can now complete their formalities online using the specific platform.

There has not yet been an announced date for the general launch of this platform.

Since the 1st of January 2024, however, France has been the first country to put this new system in place through the “Olympic consulate”.

This means that the procedures have become completely digital for members of the Olympic family (athletes, journalists, and delegations) participating in the Olympic and Paralympic Games this summer.

OLYMPIC AND PARALYMPIC GAMES

The preparation of the Olympic and Paralympic Games (OPG) is well underway and Mobility Compliance Group is fully mobilised alongside the companies involved, as well as their international service providers.

We’ve noted that from March onwards, a large number of posted workers will be coming from the United Kingdom, Australia, and Dubai.

It’s best to anticipate that the visa offices in these countries may be at full capacity, which may impact your mobilities (OPG or not).

In addition, the influx of workers and equally of future tourists is already impacting temporary housing availability, especially in Île-de-France.

This will impact all your workers arriving in France, who will need an address so that we can quickly submit their residence permit application. This may be delayed if there is no address secured in France for a minimum of 3 months.

Make sure you get ahead of all of this!

VISA CRISIS WITH THE MAGHREB

We’re still noticing difficulties with the issuance of visas for workers in Tunisia and in Morocco.
This is the result of an unstable geopolitical situation between these countries and France, and there have been some completely unpredictable visa refusals.

Also, the French visa office in Algeria has been systematically refusing to grant a “visitor” visa for the spouse of a “worker”, considering that the couple must use the family reunification procedure. This implies separation for the couple/family, sometimes for over 2 years.

VIGILANCE FOR VISITOR VISA APPLICATIONS

In a recent decision from the 30th of November 2023, the Administrative Court of Appeal of Nantes urged for even further caution for visitor visa applications, and specifically on the following points:

• Obligation to provide insurance for the entirety of the “visitor” visa applicant’s stay
• Necessity to reside in France for a stay of over three months

The decision concerned an appellant who wanted to join his wife who was studying in France.

The Court found that the couple’s separation so that the wife could study in France was a choice made by the couple, and that the appellant, therefore, could have visited his wife by applying for a short-stay visa, which would have allowed him to visit for 90 days over a period of 180 days, so six months per year.

This decision reflects the positions of certain consulates, so watch out for this!

DGFIP EMPLOYER TAX

Make sure you declare all the cases for which the employer tax (formerly, OFII tax) is required.

Just to remind you, the employer tax (formerly, OFII tax) is no longer due when foreign workers, due to their status, benefit from a work permit exemption.
This applies to foreign nationals with a residence permit which grants, in and of itself, the right to work; residence card, “private and family life” residence permit, “Talent Passport” residence permit, “ICT posted worker” residence permit, “student” residence permit, etc.

However, the tax remains due for the other cases.