At a time when the European Parliament and the Member States were signing an agreement on a reform of migration policy in Europe, which still needs to be validated by the European Council and Parliament, the Immigration Bill to “control immigration, improve integration” was finally adopted by the French Parliament.
Months of debates, procrastination, heated debates, rejections and a special committee to finally adopt the new immigration bill on 19 December… which still needs to be validated by the Constitutional Council and could therefore evolve before its promulgation. What are the key measures of this project?
You can find the text in its entirety here:
Text of the committee n°2008 – Bill – 16th legislature – National Assembly (assemblee-nationale.fr)
- Migration Quotas & Contracts of Engagement
France, like several countries around the world, will set up migration quotas ”
for the next three years, the number of foreigners admitted to settle permanently in France, for each category of stay, with the exception of asylum“. There is no information given at this time on the number of quotas.
A contract of employment must be signed by any person applying for a residence permit, committing to respect the values of the Republic.
- Deposit for students
Foreign citizens wishing to study in France will have to pay a deposit when applying for a visa, the amount of which is not yet known and could vary depending on the standard of living and educational background of the person. This measure, which has provoked an outcry from schools and universities, could be amended by the Constitutional Council.
- Short supply jobs
A residence permit “Work in occupations in shortage
” equivalent to a work permit will be created and will exceptionally allow workers in an irregular situation with a seniority of residence of at least 3 years, a minimum of 8 months’ experience out of the last 24 months in the profession in short supply and/or being in a region in tension and presenting a clean criminal record to obtain a residence permit for one year. This measure will be tried until the end of 2026.
- Residence permit “Talent – medical and pharmacy professions”
Intended for professionals with non-EU degrees (doctors, midwives, dental surgeons and pharmacists), this title would be issued for up to 4 years, on the model of the current Talent Passports.
- New fine against illegal work and reinstatement of the offence of illegal residence
- In addition to the existing penalties, a new fine will punish employers who abuse workers in an irregular situation, up to €4000 per employee.
- In addition, foreign citizens who have been victims of “sleep merchants” and who have filed a complaint may be covered by a residence permit for the duration of the procedure.
- Abolished in 2012, the fine of €3750 and a 3-year ban for “illegal residence” has been reinstated.
- Family reunification
Until now, a foreign citizen had to reside in France legally for 18 months in order to be able to bring his family (12 months for Algerian citizens). This period would be extended to 24 months and the applicant would have to prove financial resources and health insurance. In addition, the minimum age of the spouse has been raised to 21 (from the current 18).
- French nationality
- The law of the soil will no longer apply for children born in France to 2 foreign parents: the application to obtain French nationality must be made between 16 and 18 years old.
- French nationality may be revoked in the event of homicide or attempted homicide of a representative of the public authority.
- The conditions for French nationality would be restricted: 5 years instead of 4 currently for spouses of French nationals, 10 years instead of 5 years for people residing in France.
- Tightening access to health care and social benefits
The “sick foreigner” residence permit will only be granted if the applicant proves that there is no treatment adapted to his or her illness in his or her country of origin and can prove that he or she will be able to finance the treatment: coverage by health insurance will not be guaranteed.
In addition, the conditions of access to emergency medical aid (AME) will be more restrictive, and access to certain social benefits will be conditional on 5 years of legal residence in France.
Following the validation of these articles, the Minister of Health, Aurélien Rousseau, resigned.
Expulsion procedures, removal from social assistance, the obligation to have a minimum level of French, etc. are also at the heart of the bill. The Constitutional Council has one month to decide on the measures contained in the text. Oui Immigration will keep you informed of new developments in January 2024.