The “Asylum and Immigration” law and its 8 main changes with regard to business immigration

In a previous post, we mentioned that the “Asylum and Immigration” Law, which was published in September 2018, would have consequences for business immigration. Most of the provisions came into effect on March 1. Below are the main changes that we recommend everyone be aware of.

1 – Dematerialization of the Validation of the Long-Stay Visa with Validity of a Resident Permit (VLS-TS)

As of March 1, 2019, declarations of residence and date of entry into the territory must be made via a teleservice within 3 months of arrival in France.

2 – Tightened Conditions for the Issuance of the “Salarié détaché ICT” (Intra-Corporate Transferee) and “Stagiaire ICT” (Intra-Corporate Trainee) Documents

To qualify for the “Salarié detaché ICT” or the “stagiaire ICT” statuses, foreign assignees must from now on:

• Be residing outside of the EU before the assignment,
• Have at least 6-month seniority within the Company group (instead of the former 3-month requirement).

A 6-months waiting period now applies between 2 work placements or periods of work.

It is important to note that the non-renewable character of the “Salarié détaché ICT” and “Stagiaire ICT” is now expressly provided for by the law. In addition, the maximum lengths of the “Salarié détaché ICT” and “Stagiaire ICT” status are now 3 years and 1 year, respectively.

3 – Amendments in the Case of a Change in Status from “Student” to “Employee”

As part of the Change in Status process from “student” to “employee”, the issuance of an employee or temporary worker resident permit is contingent upon a minimum wage, the latter being adjusted depending on the diploma held by the applicants. In this respect, the employment situation of the labor market is no longer enforceable to the work permit applications.

4 – A “Employment Seeker or Business Creation” Resident Permit Card (in French, Recherche d’emploi ou création d’entreprise(RECE)) Replaces the Provisional Residence Authorization (APS)

Such card shall be valid for 12 months, similar to the APS in the past. The Law largely restates the former provisions relating to the Provisional Residence Authorization and specifies that the applicant must avail themselves and provide proof of private health insurance.

The Law extends the right to obtain a card to foreign nationals who have graduated from a French establishment of higher education and obtained a diploma equivalent to at least a Master’s degree or a diploma listed by decree. Foreign nationals may now obtain such card within four years following their graduation.

For their part,bilateral agreements providing for specific time-limitsare not challenged.

5 – Extension of the Scope of the “Talent Passport – Foreign Nationals of National or International Renown”

Such status is granted to foreign nationals whose national or international renown is well-established and who come to France to engage in employed or self-employed activities in either scientific, literary, artistic, intellectual, educational or athletic fields. The Status is now extended to people whose national or international renown likely contributes to France’s economic and urban development or influence. It is also extended to the craft industry.

6 – Changes in the Validity Period of the DCEM (Travel Document for Foreign Minors)

For children of foreign nationals, the validity period of the DCEM is now modelled on the validity period of the Parent’s resident permit,of which the expiry date is the furthest without being less than 12 months.

Otherwise, the DCEM is issued for 5 years, unless the minor would turn 18 during that period.

7 – Codification of the Young Au Pair (“Jeune Au Pair”) Resident Permit

A Young Au Pair Resident Permit is created for foreign nationals between the ages of 18 and 30. In order to improve their knowledge of French language and culture, one is welcomed into a family residing in France and, in return, performs day-to-day family duties.

Young au pairs must have good command of the French language before arriving to France and must enroll in French language or civilization courses upon arrival. To prevent abuse, an Au Pair Placement Agreement must be filled in by the host family by means of the Cerfa Document no. 61-2116. This document is one of the main supporting documentations of this visa application.

8 – Extension of the Legal Effects of the Resident Permits

The expiration of the resident permits related to work permits may be extended for 3 months for foreign national holders that hold a resident card or resident permit with more than a one-year duration between its expiration date and the decision of the administrative authority. This is awarded once a renewal application has been submitted and before the expiration of the current resident permit.

During such period, foreign nationals maintain all of their social rights and those attached to the resident permit, which acts as proof of their legal residency in France.

You will find an update here – 2 months after the implementation of the law.

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