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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FOCUS ON LEGISLATION: UPCOMING TRANSPOSITION OF THE NEW EU BLUE CARD DIRECTIVE
The “European Blue Card” immigration status is inspired by the US Green Card.
In 2009, the European Union created the “European Blue Card” or “Blue Card” with the aim of attracting highly qualified workers from countries outside of the EU (Directive 2009/50/CE of the 25th of May 2009 “on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment”.
This was transposed into French legislation by the law of the 16th of June 2011.
The measure was integrated in all EU countries apart from in the United Kingdom (before Brexit), in Ireland and in Denmark.
The new European Blue Card Directive 2021/1883 of the 20th of October 2021 repeals the previous directive.
It came into force on the 17th of November 2021 and EU Member States have until the 18th of November 2023 to transpose it into their national law.
Currently the Directive has not yet been integrated into French law and we don’t yet know how willing France will be to change the eligibility criteria.
In particular, the new Directive provides for:
✅ Eligibility based on a fixed-term employment contract of at least 6 months (currently a 12-month minimum) or a permanent employment contract
✅ Annual salary equal to or more than 1 times the average gross yearly salary, but no more than 1.6 times this salary (i.e., between €39,800 to €63,680 gross per year – currently €53,836.50 in France and this amount may be lowered if France decides to do so)
✅ Duration of the procedure: the decision on the residence permit application will be notified as soon as possible and at the latest 30 days after submission date of the completed application (currently at 90 days in most cases)
✅ Mobility of European Blue Card holders and their family members: reduction of the minimum legal stay for an EBC holder and their family members as part of an intra-European mobility to 12 months (as opposed to the current 18 months)
✅ Facilitated access to the EU long-term resident status.
Our experts will keep you informed once the transposition is finalised. In theory, this should be at the same time as the reform of the Code for Entry and Residence of Foreigners and Right of Asylum (CESEDA: Code de l’entrée et du séjour des étrangers et du droit d’asile), which should also take place in the next few months.
VISA APPLICATIONS IN UKRAINE
The consular service in Kyiv has reopened and it is now again possible to submit “Talent Passport” long-stay visa applications.
However, processing times are fairly long, up to 45 days.
Ukrainians fleeing the war can still come to France and request refugee status under temporary protection which allows work covered by a temporary residence permit, valid for 6 months and renewable.
The Ministry has not yet officially made a statement regarding the possibility of a change of status. This falls within the discretionary remit of each Prefecture/Sub-prefecture.
LONG PROCESSING TIMES FOR VISA APPLICATIONS IN INDIA, RUSSIA, AND THE USA
General considerations on Overseas France
The French Consulates in Bengaluru and Hyderabad have communicated that due to a large influx of visa applications for France, average processing times are currently being extended by up to 4 weeks!
We’re currently seeing the same processing times for visa applications made in Russia and the USA.
Generally speaking, the consular authorities have extremely full schedules during the summer, and securing a visa application appointment can have a quite a considerable impact on an arrival in France.
ALERT ON PREFECTURAL TIMESCALES IN ILE-DE-FRANCE FOR TALENT PASSPORTS
| Prefecture/ Sub-Prefecture |
First application for a Talent Passport residence permit – Certificate of approval (ADF) |
Talent Passport change of status – Certificate of approval (ADF) |
|---|---|---|
| Paris | 2 to 4 weeks | 2 to 4 weekds |
| Nanterre | 2 to 4 weeks | 10 days to 1 month |
| Antony | 4 weeks (minimum) | 6 to 8 weeks (minimum) |
| Boulogne-Billancourt | 4 weeks (minimum) | 8 weeks (minimum) |
| Versailles | 4 weeks (minimum) | 8 weeks (minimum) |
| Saint Germain en Laye (FULL FOR EMPLOYEE STATUS AND RESIDENCE PERMIT COLLECTIONS) |
4 weeks (minimum) | 6 to 8 weeks (minimum) |
| Bobigny | 8 weeks (minimum) | 4 weeks (minimum) |
| Créteil (FULL FOR ALL IMMIGRATION STATUSES) |
4 months (minimum) | 7 to 8 months (minimum) |
| Cergy | 1 to 2 weeks | 1 to 2 weeks |
| Melun (FULL FOR EMPLOYEE STATUS) |
Uncertain | Uncertain |
Make sure you bear this in mind for your upcoming recruitment and mobility projects.
Our experts are available to help, so don’t hesitate to get in contact with them!
