Publication of decrees implementing the new law on controlling immigration and improving integration  – Part 2

Publication of decrees implementing the new law on controlling immigration and improving integration – Part 2

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.
Extracts from the New Law of January 26, 2024 aimed at controlling immigration and improving integration – part 1

Extracts from the New Law of January 26, 2024 aimed at controlling immigration and improving integration – part 1

Multidimension desk:

Exceptional residence permit – temporary worker or employee

From now on, foreign nationals working in professions figuring on the “list of occupations or areas in short supply” will be eligible for “temporary worker (travailleur temporaire)” or “employee (salarié)” residence permits, for a period of one year.

To qualify, foreign workers must meet the following conditions:

  • have worked in a job in demand for at least 12 months, consecutive or otherwise, over the last 24 months
  • at the time of application, be employed in a job on the list of occupations or areas in short supply
  • have been resident in France for an uninterrupted period of at least 3 years.

The list of occupations and areas in short supply will be updated each year. Currently, it is assumed that the list from the order of April 1, 2021 will be followed until the publication of the new list.

Prefects will have discretionary powers to grant the title. The perfect concerned will examine the reality and nature of the professional activity by any means, and other elements such as:

  • social and family integration
  • respect for public order
  • integration into French society and adherence to the principles of the Republic (freedom of expression and conscience, gender equality, the motto and symbols of the Republic, etc.).

The issue of this document will be accompanied by a work permit, in the form of a secure document. In these cases, the foreign national cannot be held to have entered the country illegally.

If the foreign worker has been the subject of a conviction, incapacity or disqualification listed in bulletin no. 2 of the criminal record, he or she will be excluded from the regularisation process.

The prefect may refuse to issue this permit: 

  • foreign nationals who have failed to comply with the obligation to leave French territory
  • Foreign nationals who have fraudulently obtained false documents.

These provisions are subject to an experimental period until December 31, 2026.

Role of the employer:

This new regularisation procedure does not involve any mandatory participation by the employer. The initiative now rests with the worker.

Compliance by the employer with labour and social legislation will be verified during the procedure.

Employers’ obligations in terms of French language training for their foreign employees have been reinforced.

Language skills:

At present, these residence permits, generally valid from 1 to 4 years, are issued on the sole condition of having completed a French language training course as part of the republican integration contract, but there is no obligation to do so.

In future, however, foreigners applying for their first multi-annual residence permit will be required to have a minimum knowledge of the French language (level A 2). This measure will come into force following a decree, by early 2026 at the latest.

To know more about Immigration in France, visit our ‘IMMIGRATION INFO’ page

European Union’s Tax Transparency Rules for Digital Platforms

European Union’s Tax Transparency Rules for Digital Platforms

Multidimension desk:
DAC7, or the obligations for platform operators, is a set of rules that applies across the European Union from January 1, 2023. These new rules aim to ensure tax transparency for digital platforms such as Uber or Deliveroo. These platforms are required to report certain information about their partners who provide services (such as meal delivery drivers, passenger transportation (VTC)) or food vendors (such as restaurants) to tax authorities. The platforms will transmit the information once a year, meaning for the year 2023, they will transmit the information in 2024, the information from 2024 in 2025, and so on.

Transactions carried out before 2023 will not be covered by DAC7. Individual entrepreneurs and legal entities (such as companies, businesses) are affected.

The following information is provided for Uber (this list also applies to Deliveroo and others)

INDIVIDUALS
– First and last name
– Main address
– Tax Identification Number (TIN)
– Value-added tax identification number (if available)
– Date of birth
– Bank account number you use to receive payments through the Uber platform
– Name of the account holder if you do not use your own bank account to perform transactions on the Uber platform
– Number of transactions you have carried out on the Uber platform in each quarter
– Total payments you have received through the Uber platform in each quarter; the commission Uber has charged you in each quarter (including any fees and taxes).

LEGAL ENTITIES
– Company name
– Main address
– Tax Identification Number (TIN)
– Value-added tax identification number (if available)
– Company registration number
– Bank account number you use to receive payments through Uber platform
– Name of the account holder if you do not use your own bank account to make transactions on Uber platform
– Number of transactions you have carried out on the Uber platform in each quarter
– Total payments you have received through Uber platform in each quarter; the commission that Uber has charged you in each quarter (including any fees and taxes).

You don’t have to do anything, the platforms will take care of transmitting the information as they have all your information. However, if any information is missing, they will contact you to gather it. If you don’t provide this information, these platforms will be forced to freeze your accounts.

Regarding the reliability of the information you provided to Uber and other companies, they will rely on the information provided during registration and also on the documents submitted (ID, Urssaf certificate, RIB, KBIS, etc.)

Although the use of information retrieved by tax authorities varies depending on the EU member state in which you operate your business, the main objective is still to verify your income statements. Therefore, it is wiser to declare the exact amounts of payments received from these platforms.

New annual income ceiling to apply for HLM in 2023

New annual income ceiling to apply for HLM in 2023

Multidimension desk:
To obtain low-cost public housing (HLM), the applicant must meet the maximum annual income ceiling limit. It depends on the type of housing, its location and the number of family members living in the housing facility

Updated each year, the income ceilings for 2023 have been raised by 3.5% in metropolitan France by an order published in the Journal Officiel on January 1, 2023. The new income ceiling limits are applicable from January 1 onward.

The annual income is the reference tax income of the year n-2.
If an applicant applies for social housing in 2023, the reference of income (référence de revenu) will be the income of 2021, as shown on the tax notice of 2022.
Annual income ceiling limits (in euros)

To know about DALO and Action Logement, read our article published previously:


How to apply for social housing (HLM)

Revaluation of CAF benefits from 1st April

Revaluation of CAF benefits from 1st April

Multidimension desk:
As every year, from 1st April, the RSA, family allowances and the activity bonus (prime d’activité) will be increased by 1.6%. This revaluation is calculated on the basis of the annual evolution of the consumer price excluding tobacco. In addition, an exceptional increase of 4% in CAF benefits had already taken place in July 2022.

A category-wise table of increased RSA amounts is given below that beneficiaries can compare according to their financial situation.

Family Allowance increase table effective from 1st April:

Pension reform in France: face-off between the Government and the Opposition

Pension reform in France: face-off between the Government and the Opposition

Multidimension desk:
As planned in the program of President Macron during his second term, the pension reform project is presented on January 10, 2023. The government announced that the legal retirement age will be pushed to 64 years from 62 in order to be in balance with other European countries. For example, the standard retirement age in Germany is 65 years and 7 months. The main logic behind the reform is an aging population base with increased longevity which is surmounting pressure on pension funds which will dry up in future in absence of necessary reform.

The retirement age will decline by 3 months per year and will reach 63 years at the end of Emmanuel Macron’s five-year term and 64 years in 2030. According to Prime Minister Elisabeth Borne, in order to receive a full pension, one has to work for 43 years or 172 quarters of contributions from 2027.

However, for those who will not be able to contribute for 43 years, the full retirement age (without discount) remains at 67.

In addition, the minimum pension rate will be raised to 85% of the SMIC (minimum salary), an increase of 100€, as promised. This is equivalent to 1200€ of pension per month. As this reform is indexed to the SMIC, the pension will evolve at the same time as the SMIC. Both new and old pensioners will be able to benefit from this revaluation.

The different existing pension schemes will be closed and the government will set up a universal pension system, based on points. New recruits will be affiliated to the general pension scheme.

Those who started working early will be able to retire earlier. For example, people who started working before they were 16 will retire at 58, those who started working at 18 will retire at 60 and those who started working before 20 will retire at 62.

In addition, this reform will take into account arduous work, the carrying of heavy loads and others, which will benefit from a financing of leave for professional retraining.

Victims of an accident at work or an occupational disease will be able to retire due to disability at 60 years of age (compared to 62 years of age in the initial draft). Disabled workers will be able to retire from the age of 55.

This reform is very controversial because it would lead to a decrease in the number of jobs available, especially for young people, and to job insecurity for those who are already unemployed, and would reinforce gender inequalities. We know that women often have a chopped up career, so they will have to work longer to avail full retirement benefits. However, as women do not receive the same salary as men, their retirement pension will also be lower.

This will worsen the condition of the most precarious and those who started working early and whose life expectancy is lower than the rest of the population.

On January 19, the first national strike against this reform took place, followed by others during January, February and March. According to all the polls, this reform is particularly unpopular with almost 70% of the population saying they are against it.

On March 16, the Senate (upper house of the parliament) passed the reform with 193 votes for, 114 against, a bill amended as a result of a consensus between the right (the Republicans and the centrist) and the Macronist majority on several issues such as long careers, creation of an end-of-career contract for the recruitment of employees aged 60 or more (CDI sénior), premium for mothers in charge of family, although the main measure of raising the legal retirement age to 64 years remains in place.

Since the government is not sure of the number of votes in favor of the reform in the National Assembly (Lower house of the parliament), it has announced the use of Article 49.3 of the Constitution to pass the reform without going through the vote of the parliament members (MPs) on the same day.

The French people were outraged by this news, which goes against the principles of democracy. As a result, the strike of Thursday, March 16, which started as a peaceful strike, degenerated. The demonstrators invaded the streets of Paris, garbage cans were overturned and burned as well as many cars. The police tried to stop the demonstrators and more than 200 people were arrested. The unions have called for further mobilisations. The strikes against the reform, as well as the strikes of transport and garbage collectors continued the following days.

On March 17, two no confidence motions, the first of which is transpartisan tabled by the group Libertés, Indépendants, Outre-mer et Territoires (LIOT) and the second tabled by the Rassemblement national (party of Marine Le Pen), to make the government back down on its decision. Those will be studied on Monday, March 20 at 4 pm in the National Assembly. If none of the no confidence motions is voted by an absolute majority of the MPs, i.e. 287 votes, the text will be considered as definitively adopted without a vote.

The president of the Republicans, Eric Ciotti, announced that his party MPs will not vote on any of the no confidence motions,  but their votes are necessary to achieve a majority (at least thirty). According to the president of the RN, Jordan Bardella, the adoption of no confidence motion is “possible if the opposition, i.e. the NUPES (alliance of left parties and the ecologists, which includes the ‘Unsubmissive France’ of Jean-Luc Mélenchon) and the RN, come together”.

Meanwhile, on Saturday, March 18, another demonstration took place against the reform and tensions broke out in different French cities such as Nantes, Brest and Bordeaux. In Paris, certain areas were restricted to rallies and many metro stations were closed even though calls for demonstrations were made on social networks the day before.

Another national strike day is planned for Thursday 23 March.

 

Latest info:

After the rejection of both of the no confidence motions against the government, the pension reform was automatically adopted Monday evening.

The transpartisan no confidence motion (LIOT) received the support of 278 MPs, only nine less than the absolute majority (287 votes). At least 22 Republican MPs have voted in favour of the motion disobeying party’s decision.

The oppositions still have two tools to block the pension reform: the establishment of a shared initiative referendum (RIP) and an appeal to the Constitutional Council.

The adoption of the pension reform has triggered stronger protests all over France. There are many incidents of violence and arrests of demonstrators by the police.

President Emmanuel Macron will address the French population on Wednesday at 1:00 p.m. live on TF1 and France 2.