Immigration
France | Immigration Law: several decrees published
Summary
In the Official Journal of 16 July 2024, several decrees relating to the law of 26 January 2024, known as the Immigration Law, were published. Most of them point towards a tightening of the rules currently in force. They relate in particular to:
– “The principles of the Republic” that any foreigner must sign to obtain a residence permit;
– The conditions for issuing a work authorization;
– The expulsions and house arrests.
They were published a few hours before the resignation of the Attal government which, until further notice, will remain as head of a caretaker government until a new prime minister is appointed. The publication of these decrees comes almost six months after the promulgation of this controversial law.
These measures, part of a broader immigration reform, have been met with significant opposition from the left and human rights activists. Despite partial rejections by the Constitutional Council, the law was enacted in January 2023.
The detail
The new rules are part of a raft of measures aiming to toughen France’s immigration system.
Main changes
– Foreigners seeking residency in France must adhere to "the principles of the Republic," including personal freedom, freedom of expression, gender equality, human dignity, the Republic’s motto and symbols, territorial integrity, and secularism. Non-compliance with these principles can result in the refusal or withdrawal of residency permits.
– The deadline for execution of an obligation to leave French territory (OQTF) is now 15 days (compared to 30 days before).
– Another decree strengthens the conditions for refusal or cessation of “material reception conditions” for asylum seekers and removes the mandatory prior administrative appeal in the event of refusal of these material conditions.
– An administrative fine has been introduced to penalize the employment of unauthorized foreign workers. Until now, special contributions (when the employed person did not have a work authorization) and flat-rate contributions (when the person was in an irregular situation) were applied.
– The frequency of daily check-ins for those under house arrest awaiting deportation has been increased.
– Simplification of the rules for foreigners’ disputes, with the elimination of various appeals, and establishing the decentralization of the National Court of Asylum, through several territorial chambers.
– Allowing online applications for visas via the france-visas.gouv.fr website, and for systems for digital collection of people’s personal data to be put in place. At present, applications cannot be made entirely online, as the visa application must be printed off.
What this means
People applying for a first French residency card (carte de séjour) or for each renewal must sign a contract promising to respect “the principles of the Republic”. The permit may be refused or revoked “in the event of a clear breach of one of these principles.
Sources
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively to our French law firm (Vialto Société d’Avocats):
Arzhvaël Le Fur
Avocat à la Cour – Partner
Violaine Jaussaud
Avocate à la Cour – Senior Manager