France’s new immigration bill: what possible impacts on professional immigration?
Gérald Darmanin expressed his desire to “control immigration” and “improve integration” when the new immigration bill was registered in the Senate and presented to the Council of Ministers on February 1st 2023. On March 22nd, Emmanuel Macron postponed its examination in the Senate and announced that the text would be modified.
ITAMA will follow the next versions closely but it is interesting to analyse what the initial version of the draft proposes and the potential impacts on professionnal immigration. Here are some insights.
Outline of the initial draft
1 – Chronology
Announced by the government in August 2022, this bill was presented to the Council of Ministers on February 1st, 2023. Gérald Darmanin and Olivier Dussopt were then heard by the Senate’s law commission on February 28th. Under an accelerated procedure, the project was examined by the Senate, and 243 amendments were tabled. It was to be debated in public session on 28, 29 and 30 March, then in the National Assembly in April/May 2023. On March 22nd, Emmanuel Macron announced that the text would be split up and that its examination in the Senate would be postponed. No new date is specified for the moment.
2 – The main lines
The initial draft is composed of 27 articles (version of 15 March 2023 resulting from the amendments adopted in the Senate’s law commission).
According to the government, the measures aim to better control immigration, to facilitate the integration of foreigners who are legally resident in France and to improve the effectiveness of expulsion procedures for illegal foreigners. The text proposes, for example, the creation of a “talent – project holder” status combining the “talent passport / business creation”, “investor” and “innovative project recognised by a public body” statuses, or the creation of a “work in shortage occupations” residence permit.
ITAMA has analysed the articles of the initial bill related to professional immigration.
ITAMA’s analysis of the main measures of the 1st draft
1 – Learning French with an obligation of result
- What would change :
This first measure concerns the integration of foreign nationals. Speaking the language of the host country is an essential factor for inclusion. From this perspective, applicants for a multi-annual residence permit would have to prove a specific level of French language proficiency in order to obtain it. This would not apply to all profiles, but would affect, for example, employees, entrepreneurs and liberal professions. If this part of the text is retained, the required language level should be specified by decree.
- ITAMA’s opinion :
There is already a language test system in place. There is therefore no real change. If this measure is maintained, a decree specifying the modalities in terms of obligation of result would be necessary.
2 – Possibility for the employer to finance French language training
- What would change :
At present, French language training for foreign nationals is paid for and covered by the state. This change would allow employers to finance themselves the lessons and therefore to choose the training structure.
- ITAMA’s opinion :
In practice, it is too early to know how this would be implemented. The bill proposes to use the employee’s CPF (individual learning accounts), but this is not possible if the employee has just arrived in France and therefore has no balance. Moreover, funding by the employer would not be compulsory. If he chooses not to do so, the state would automatically pay for it. There is therefore little reason for the employer to do so at the moment. If this measure were to be adopted, more details would have to be provided.
3 – French language training counted as actual working time
- What would change :
In order to standardize practices across all sectors, a maximum weekly language training time for foreign nationals would be proposed. During this training time, the employee would be paid.
- ITAMA’s opinion :
Training is already counted as working time. There are therefore no changes in this respect. As regards the standardisation of the maximum training time, this harmonization would be a good thing.
4 – Creation of a residence permit for “work in shortage occupations”
- What would change :
To respond to the labour shortage in France, the 1st draft proposes a new residence permit valid for 12 months. To obtain it, the foreign national would have to have stayed in France for 3 consecutive years and worked for 8 months over the last 2 years (i.e. 8 pay slips in 24 months) in a job and a geographical area in tension. Before its expiry, the national could apply for another residence permit (“employee” or “temporary worker” for example). If validated, this new status of “work in shortage occupations” would initially be in a test phase. It could be abolished after a review if it has achieved its objectives. For example, there is no labour shortage anymore in the sectors and areas concerned.
- ITAMA’s opinion :
This measure would allow the regularisation of nationals who do not have a suitable residence permit. However, this is not a long-term measure, it would only be temporary.
5 – An annually updated list of occupations in demand
- What would change :
Each year, the government would determine the labour needs and update the list. Among the potential additions are the hotel and restaurant industry, construction, home help and childcare sectors. As a reminder, the list of occupations in tension may vary from one department to another. It is intended for foreigners who are not eligible for the talent passport scheme.
- ITAMA’s opinion :
The current list of occupations in tension is not precise and has not been updated since April 1st, 2021. This promise of regular updating would therefore be welcomed.
6 – Easier access to work for refugees
- What would change :
Currently, arriving refugees have to wait 6 months without being able to work. Similar to what is already proposed for Ukrainian nationals, nationals from the most vulnerable countries could be given the right to work upon arrival. They would not have to apply for a work permit. The list of countries concerned would be updated annually.
- ITAMA’s opinion :
This provision would allow refugees to support themselves while waiting for their application to be processed. Their integration would be facilitated and faster.
7 – Self-employed status accessible after verification of the residence permit
- What would change :
To obtain auto-entrepreneur status, it is currently sufficient to register on the portal to declare one’s activity and obtain a number equivalent to the SIRET. To date, this online registration process does not verify if the applicant has a residence permit allowing them to launch a commercial activity. The initial draft law proposes to block access to the status for foreign nationals who do not have the right type of residence permit.
- ITAMA’s opinion :
This measure shows the will of the State to strengthen controls and dialogue between the administrations involved. Fraud would therefore be reduced. It would apply in particular to self-employed entrepreneurs in the delivery of ready-made meals, who do not systematically hold a residence permit allowing them to carry out this type of professional activity.
8 – Creation of the “project-talent” status
- What would change :
This would be a new “3 in 1” status comprising:
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- The “talent passport – business creation” status, requiring a Master’s level degree, 5 years of professional experience and a serious economic project.
- The “investor” status, for a direct economic investment of at least €300,000.
- The “innovative project recognised by a public body” status.
- ITAMA’s opinion :
Each of these 3 statuses currently involves a different administrative approach. Harmonisation would make the procedures easier.
9 – The term “talent passport” replaced by “talent”
- What would change :
This would not be a new status, but simply a change of name.
- ITAMA’s opinion :
The term “talent passport” creates too much confusion for foreign nationals who do not understand the difference with a classical passport. It would therefore be a useful clarification.
10 – Creation of a “talent – medical profession of pharmacy” residence permit
- What would change :
Under the new name “talent”, a new subcategory of talent passport would be aimed at doctors, dental surgeons and midwives. This title would be valid for a period of 13 months to 4 years. However, it would only be valid for public or private not-for-profit establishments, and not for private clinics.
- ITAMA’s opinion :
This measure would be beneficial because of manpower shortage in the health sector in France. We do not yet know how the licensing commissions would be organised, nor what the minimum level of remuneration would be. If this part of the text is retained, it would be necessary to monitor the practical application of this measure.
11 – Duty to respect the principles of the French Republic when renewing a residence permit
- What would change :
To be eligible for any type of residence permit, compliance with republican principles would be required. By this, the government means respecting values such as freedom of expression, equality between men and women, or personal freedom. This commitment should be made regardless of the length of validity of the residence document requested. The cases giving rise to an OQTF (Obligation de quitter le territoire français – Obligation to leave France) would be broadened in the event of non-compliance with these values.
- ITAMA’s opinion :
This duty to respect is already present but it is little controlled and not very demanding. It is therefore the control measures, which are not detailed, that could bring about a change in this respect.
12 – Stay of at least 6 months per year in France during the 10 years of validity of the resident card in order to renew it
- What would change :
Foreign nationals would not be able to spend more than 3 consecutive years outside France. It would no longer be possible to be on French territory for only a few days a year to be entitled to renew one’s residence permit.
- ITAMA’s opinion :
Holders of the 10-year residence permit would be impacted. Retirees would have to stay at least 6 months a year in France to continue to receive their French pension.
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