{"id":9354,"date":"2026-10-30T17:10:19","date_gmt":"2026-10-30T16:10:19","guid":{"rendered":"https:\/\/oui-immigration.com\/?p=9354"},"modified":"2026-10-30T17:09:59","modified_gmt":"2026-10-30T16:09:59","slug":"france-immigration-decree-october-2026-employers","status":"publish","type":"post","link":"https:\/\/oui-immigration.com\/en\/france-immigration-decree-october-2026-employers\/","title":{"rendered":"New immigration decree of 26 October 2026: what it means for corporate immigration in France"},"content":{"rendered":"

Decree No. 2026-1001, published on 29 October and effective from 30 October 2026, introduces a range of changes to corporate immigration in France. Intra-company transfers, services provided by UK companies, changes of employer: what are the implications for businesses and their foreign employees?<\/strong><\/span><\/p>\r\n

Decree No. 2026-1001 of 26 October 2026 on the rights of foreign nationals authorised to work in France, the conditions for granting multi-year residence permits to highly qualified workers and their family members, and the work permit exemption for foreign nationals posted to France by a UK employer \u2014 L\u00e9gifrance<\/strong><\/a><\/span><\/p>\r\n

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1. \u201cTemporary Worker\u201d status (Article 1)<\/strong><\/span><\/h5>\r\n

A \u201cTemporary Worker\u201d residence permit cannot be withdrawn on the grounds of involuntary unemployment for a total period of three months during its validity. If the holder finds a new job during the relevant period of unemployment, they are allowed to remain in France while their new work permit application is being processed.<\/span><\/p>\r\n

In practice:<\/strong> this protection allows employees who involuntarily lose their jobs to retain their residence permits within the limits set out in the decree. A new work permit is still required for the new position.<\/span><\/p>\r\n

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2. Processing times before an application is deemed refused (Articles 2 to 5)<\/strong><\/span><\/h5>\r\n

Until now, the authorities have generally had four months to process a residence permit application before the absence of a decision is treated as an implicit refusal. The new deadline is 90 days from the date a complete application is submitted. For complex cases, this period may be extended by 30 days.<\/span><\/p>\r\n

The 90-day deadline does not apply to the following residence permit categories: EU Blue Card under EU mobility arrangements, Talent \u2013 Researcher, and Talent \u2013 Family of an EU Blue Card holder.<\/span><\/p>\r\n

The 30-day extension cannot apply to the following residence permit categories: EU Blue Card, Researcher, Talent \u2013 Family of an EU Blue Card holder, ICT (all categories), Seasonal Worker, Student, Job Search \/ Business Creation, Young Au Pair, and Trainee.<\/span><\/p>\r\n

In practice:<\/strong> employers should establish a timeline based on the actual submission date and set up reminders to track each application.<\/span><\/p>\r\n

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3. Talent \u2013 EU Blue Card (Articles 6 to 9)<\/strong><\/span><\/h5>\r\n

Intra-EU mobility<\/em><\/span><\/p>\r\n

Individuals who already hold an EU Blue Card issued by another EU country will be able to apply more easily for an EU Blue Card in France: the required period of residence in the other EU country is reduced from 18 to 12 months, and to six months for a second move within the EU.<\/span><\/p>\r\n

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Employer non-compliance<\/em><\/span><\/p>\r\n

Applicants who lose their jobs as a result of their employer\u2019s failure to meet its legal obligations are granted six months from the prefect\u2019s notification to find a new job, extended where applicable until the end of their unemployment insurance entitlement. They are issued a document confirming their continued right to stay and authorising them to work.<\/span><\/p>\r\n

The breaches covered include failures to comply with obligations relating to social security, taxation, workers\u2019 rights and working conditions, as well as certain criminal convictions relating to illegal employment.<\/span><\/p>\r\n

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4. Intra-Company Transfer (ICT) status (Articles 10 and 11)<\/strong><\/span><\/h5>\r\n

\u201cICT\u201d refers to residence permits for intra-company transfers. The decree covers all four ICT categories: ICT posted employee, mobile ICT posted employee, ICT trainee and mobile ICT trainee.<\/span><\/p>\r\n

A minimum gross annual salary requirement will apply, set at the reference average annual salary established by ministerial order.<\/span><\/p>\r\n

The minimum amount has not yet been published. Our working assumption is a threshold of \u20ac39,582 gross per year, based on the reference salary used for the EU Blue Card.<\/span><\/p>\r\n

We will keep you informed as soon as this information becomes available.<\/span><\/p>\r\n

In practice:<\/strong> companies planning intra-company transfers should anticipate this new salary requirement. For pending applications and upcoming renewals, the rules applicable to each case will need to be checked. Please feel free to contact us!<\/span><\/p>\r\n

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5. Provision of services by UK companies (Article 13)<\/strong><\/span><\/h5>\r\n

The decree introduces a work permit exemption for certain employees temporarily posted to France by a company established in the United Kingdom to provide services.<\/span><\/p>\r\n

All of the following conditions must be met:<\/span><\/p>\r\n\r\n