The Immigration Bill passed by Parliament in December 2023, thirty-five articles of which were subsequently totally or partially censured by the Constitutional Council, was promulgated on 26 January. Several provisions of the law came into force following the publication of implementing decrees on 14 and 16 July 2024.
Two decrees implementing the law were published by the Home Ministry on 14 July. The first makes it more difficult to challenge OQTFs (obligations to leave French territory) and the second provides for the decentralisation of the National Court of Asylum, with the creation of four territorial chambers in Bordeaux, Lyon, Nancy and Toulouse.
Eight decrees relating to this same law were then published in the Journal official on 16 July, a few hours before the first post-legislative Council of Ministers. Most of them are aimed at tightening the rules currently in force.
From now on, all foreign nationals applying for a residence permit in France must sign a contract of commitment to respect the principles of the Republic”, states article 46 of the law, i.e. personal freedom, freedom of expression and conscience, equality between men and women, human dignity, the motto and symbols of the Republic, territorial integrity and secularism”. This contract must be signed when a residence permit of any kind is applied for for the first time, and each time it is renewed.
A serious breach of any of these principles may result in the withdrawal of the residence permit and, ultimately, expulsion from the country.
Implementation of tougher measures
In the case of asylum seekers, those who are likely to represent a “threat to public order” may be placed in administrative detention by the Prefect if it is deemed that house arrest “is not sufficient to deal with the threat or risk of absconding”.
A time limit of 15 days has been set for issuing an OQTF from the expiry of the right to remain on French territory when OFPRA has refused to grant asylum to an applicant, or when the appeal against this decision is rejected.
End of appeal against the administrative authority’s decision to refuse to grant benefits relating to material reception conditions (CMA) intended for asylum seekers while their application is being examined, i.e. a financial allowance (ADA) and accommodation in a national reception facility.
The decree on illegal foreign nationals reorganises the powers of the Home Minister and prefects with regard to expulsions and “rationalises the organisation of expulsion commissions”. Foreign nationals placed under house arrest as part of a deportation order will now have to report to the police or gendarmerie four times a day.
With regard to the employment of foreign nationals not authorised to work, a proportional administrative fine has also been introduced to penalise their employers, replacing the special flat-rate contributions applied until now.
The amount may not exceed 5,000 times the hourly rate of the guaranteed minimum, i.e. xxfor each foreign worker employed in breach of the provisions of the Labour Code requiring foreign employees to be in possession of a document authorising them to work in France.
When the employer spontaneously pays the wages and allowances due to the employee for a period of illegal employment as referred to in article L.8252-2 of the Labour Code, the fine is reduced to 2,000 times the hourly rate of the guaranteed minimum.
The decree also specifies that a repeat offence increases the administrative fine to 15,000 times the same hourly rate of the guaranteed minimum if it occurs within 5 years of the previous offence.
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