Published on: December 20, 2023 | By: @rprasanth_kumar | Last updated on: September 27, 2024
The French government’s immigration bill was finally approved on Tuesday in the French parliament, after a long struggle over the last few months. You can follow the evolution of the Immigration Bill here Projet de loi pour contrôler l’immigration, améliorer l’intégration le 1 février 2023
The official version of the final bill reviewed by France’s Constitutional Council was published on 25th January 2024. The bill became law officially when it was published in the Journal Officiel on 27th January 2024. The updates related to asylum, refugees, and related subjects are not covered in this article.
New Language Requirements
- The new language requirements mentioned in Article 20 & Article 21 have been effective since 28th January 2024.
- But the implementation can happen anytime before Jan 2026. Some Prefectures have started following the new rules.
- For more details, you can refer to the following article FAQ : New Language Requirements For French Resident Permits & Citizenship
International Students
- Fortunately, all the controversial updates proposed were deemed unconstitutional and removed by the French Constitutional Council.
- For more details, you can refer to the following article from Campus France Immigration Law : No changes for international students.
Passeport Talent
- The multi-year residence permits “Passeport Talent” are renamed simply as “Talent“.
- These updates are covered by Article 30 and Article 31.
- For more details, you can refer to the following article Passeport Talent Visa Is Renamed As “Talent”
Regularization of undocumented foreign individuals working illegally
As per Article 27, undocumented foreign nationals who have been working illegally will become eligible to obtain a one-year temporary residence card “travailleur temporaire” or “salarié”, if they satisfy the following 2 conditions,
- residing in France for at least three years without interruption and
- employed in certain sectors or geographic areas facing labor shortages for at least 12 months (whether consecutively or not) in the preceding 24-month period
This is an experiment and will remain active until the end of 2026.
French Nationality
- Children born in France to non-French parents can only apply for nationality between the ages of 16-18.
- They will not be automatically granted citizenship based on birth.
- If they commit any crime, they will lose this right to apply.
Employers
Fines and punishments for employing workers illegally have been made a lot more stricter.
- Employers of foreigners who do not hold a valid work & resident permits authorizing them to work, can be fined up to 20,000 euros per employee (the employment of an irregular foreigner is currently punishable by 5 years of imprisonment and 15,000 euros of fine).
Contribution of the employer to language training as part of the professional training on the actual working time of the employee, considering their responsibility for integration in Article 23,
- Employers can offer employees the opportunity to follow a training in French as a foreign language (FLE) on working time, as part of the employer training plan.
- the possibility of taking French courses at the OFII on working time (up to 600 hours) for employees who signed the CIR.
- A work permit with full rights for employees taking French courses financed from their personal training mon compte formation account (CPF).
Status of Entrepreneur Individuel
- As per Article 29, the status of “Entrepreneur Individuel” will not be accessible to foreigners from non-EU countries, of another State party to the European Economic Area or of the Swiss Confederation which does not have a residence permit authorizing them to exercise this status.
- For more details, you can refer to the following article Article L526-22: Code de commerce: Section 3 : Du statut de l’entrepreneur individuel.
Note: Entrepreneur Individuel and Micro-entrepreneur (formerly auto-entrepreneur) are not the same.
- Comparison between Entrepreneur individuel (EI) vs Micro-entrepeneur (ME)
- Everything you need to know about Entrepreneur individuel (EI)
- Everything you need to know about Micro-entrepeneur (ME)
- How to become a Micro-entrepreneur (ME)?
Protection for Minors
As per Article 37, a minor foreign national of 18 years may not be the subject of a decision requiring him to leave French territory “Obligation de quitter le territoire français (OQTF)“.
Deemed unconstitutional and removed
The council has removed certain updates that were deemed unconstitutional. So, the following points are no longer applicable.
- International students applying for French student visas will have to make a security deposit, with a few exceptions.
- Foreigners will become eligible for Social Security benefits only after completing 5 years or 30 months (if employed) in France.
- The amendment that requires 10 years of stay for French citizenship was not passed. So, the current eligibility of 5 years will continue.
- Immigration quotas will be introduced to reduce the number of foreigners during the next 3 years, excluding asylum seekers.
- A long-stay visa to British nationals who own a secondary residence in France.
- The minimum duration required to qualify for family reunion procedure has been increased from 18 to 24 months.
Sources & References
- Loi pour contrôler l’immigration, améliorer l’intégration (n° 2024-42 du 26 janvier 2024), published in the JO n° 22 du 27 janvier 2024
- Décision n° 2023-863 DC du 25 janvier 2024
- Evolution of the Immigration Bill Projet de loi pour contrôler l’immigration, améliorer l’intégration. Procédure accélérée engagée par le Gouvernement le 1 février 2023
- France 24 – French immigration law: What are the measures deemed unconstitutional?
- Official press release on 25th January 2024 – Décision n° 2023-863 DC du 25 janvier 2024 – Communiqué de presse
- France 24 – French parliament adopts toughened immigration law backed by far right
- Texte n° 220 adopté définitivement par l’Assemblée nationale le 19 décembre 2023
- Official press release on 19th December 2023 – Projet de loi immigration : la commission mixte paritaire entérine un accord sur le texte du Sénat
Article last updated: 3rd March, 2024
Thank you. So there is no language requirements for Passport taent like EU Blue card?
Languages exams aren’t applicable for Talent RPs (ex-Passeport Talent). But there are a few other things to keep in mind.
Please refer to https://prasanthragupathy.com/2024/03/faq-new-language-requirements-for-french-resident-permits-citizenship/