The French Senate has recently passed a significant new immigration law, following a thorough political review process. This legislation faced a setback last week when the country's constitutional court invalidated several of its controversial elements. These included immigration quotas, limitations on immigrants' access to social welfare, and constraints on family reunification.
Clarisse Delaitre, an immigration attorney, noted that while many aspects of the bill proposed by President Emmanuel Macron's administration were maintained, certain amendments influenced by right and far-right factions were rejected.
The legislation, however, does streamline the process for expelling non-citizens deemed undesirable.
Adjustments in Work-Related Immigration Policies
The law introduces more stringent language prerequisites for residency seekers, but simultaneously, it softens regulations for occupations experiencing labor shortages, such as construction, catering, and domestic services. Delaitre explains that undocumented workers in these sectors can now pursue temporary worker or employee residence permits under specific conditions.
These workers must demonstrate a minimum of 12 months of employment in the past two years, a three-year residency in France, and evidence of their integration into French society. The authorization for these permits, subject to the discretion of local prefects, will be piloted until the end of 2026.
Revamping the Talent Passport Program
France has also updated its Talent Passport program, aimed at skilled non-EU professionals. The revamped program simplifies the application process by combining previously separate categories—master's degree holders, employees in young innovative companies, and assigned employees—into a single 'qualified employee-talent' category.
Additionally, the law targets illegal online employment by mandating individuals conducting online business to secure a card that authorizes work under an "auto-entrepreneur" status.
Pros:
Clarisse Delaitre, an immigration attorney, noted that while many aspects of the bill proposed by President Emmanuel Macron's administration were maintained, certain amendments influenced by right and far-right factions were rejected.
The legislation, however, does streamline the process for expelling non-citizens deemed undesirable.
Adjustments in Work-Related Immigration Policies
The law introduces more stringent language prerequisites for residency seekers, but simultaneously, it softens regulations for occupations experiencing labor shortages, such as construction, catering, and domestic services. Delaitre explains that undocumented workers in these sectors can now pursue temporary worker or employee residence permits under specific conditions.
These workers must demonstrate a minimum of 12 months of employment in the past two years, a three-year residency in France, and evidence of their integration into French society. The authorization for these permits, subject to the discretion of local prefects, will be piloted until the end of 2026.
Revamping the Talent Passport Program
France has also updated its Talent Passport program, aimed at skilled non-EU professionals. The revamped program simplifies the application process by combining previously separate categories—master's degree holders, employees in young innovative companies, and assigned employees—into a single 'qualified employee-talent' category.
Additionally, the law targets illegal online employment by mandating individuals conducting online business to secure a card that authorizes work under an "auto-entrepreneur" status.
Pros:
- Offers a more structured and clear path for deportation of non-citizens considered a threat.
- Eases access to residence permits for undocumented workers in understaffed sectors, aiding both the economy and the immigrants.
- Simplifies the process for skilled non-EU professionals, especially in the medical and pharmaceutical fields, to work in France.
- Attempts to regulate and legalize online employment, enhancing job security and legitimacy.
- Increased language requirements could potentially marginalize non-French speaking immigrants.
- The discretionary power given to prefects in granting permits might lead to inconsistent application of the law.
- The strike-down of certain bill provisions by the constitutional court suggests potential legal and ethical conflicts within the legislation.
- The temporary nature of the new measures for undocumented workers in certain occupations leaves long-term stability uncertain.