A Summary of the Immigration Bill 2023: Part 4

A Summary of the Immigration Bill 2023: Part 4

Multidimension desk:

Strengthening the expulsion process of convicted foreign nationals from French territory

The bill relaxes the almost absolute protection against expulsion enjoyed by certain convicted foreign nationals who have been residing in France for a long time or who have personal and family ties (for example, parent of a French or foreign child who entered France before the age of 13 ). These foreigners can now be expelled in case of terrorism, harm to the fundamental interests of the State or incitement to hatred or discrimination. In the future, they may also be expelled in the event of a final conviction for a crime or misdemeanor punishable by ten years or more in prison or five years in reiteration (for example for murder or rape). In the same way, the text facilitates the pronouncement by the judges of the additional sentence of banishment from French territory (crime or misdemeanor punishable by more than ten years in prison, serious violence against the police, etc.).

The text also reduces protections against decisions to impose an obligation to leave French territory (OQTF) in cases of serious threat to public order, even when the foreigners concerned have ties to France (for example, foreigners who have been legal residents for more than 20 years or foreigners who have been spouses of French citizens for more than three years).

Reform concerning foreign minors under 16 years of age

The ban on placing foreign minors under the age of 16 in an administrative detention center (CRA), including when they accompany adults. The government is implementing the case law of the European Court of Human Rights (ECHR) on the subject. On the other hand, the conditions of detention of foreign minors aged 16 to 18 have not changed. The latter can always be placed in an CRA when they are accompanied by an adult foreigner.

Measures to fight against irregular immigration

Other measures to fight against irregular immigration complete the text: aggravation of the repression against smugglers and “sleeping merchants”, authorization of the use of coercion for the taking of the fingerprints of asylum seekers at the border, possible visual inspection by the border police of private cars in the “border zone” (and no longer only of vehicles with more than nine seats)…

A Summary of the Immigration Bill 2023: Part 3

A Summary of the Immigration Bill 2023: Part 3

Multidimension desk:

Integration and residence permits

Foreign nationals applying for their first multi-year residence permit in France will be required to have minimum French language skills (to be set by decree). Until now, residence permits, which are generally valid for four years, are issued only if the applicant has completed a French language course as part of the republican integration contract conducted by the OFII. A minimum level of French is already required for obtaining a resident card (ten years) and to access the French nationality.

With the same objective of integration, employers will be able to offer their foreign employees the opportunity to take a training course in French as a foreign language (FLE). These hours of training will be considered as effective working time.

In addition, all foreigners applying for a residence permit must take a vow to respect the principles of the Republic: personal freedom, freedom of expression and conscience, gender equality, motto and symbols of the Republic… Today, for certain residence permits, this condition is not foreseen. If one of these principles is not respected, the prefectures may refuse, withdraw or not renew the residence permit.

The grounds for non-renewal or withdrawal of the residence permit are extended to include a serious threat to public order. In addition, an effective stay of six months per year in France will be required for the renewal of certain long permits.

What changes in France in March?

What changes in France in March?

Multidimension desk:

Navigo card holders who used the card between September and December 2022 will be able to request a refund of up to €37,61. This is compensation due to disruptions and punctuality problems that occurred in Ile-de-France transport networks during the year 2022. The refund request can be made from March 14 and a platform will be dedicated for this purpose.

Telephone advertisements, i.e. cold calling, will be prohibited from Monday to Friday before 8 a.m., between 1 p.m. and 2 p.m. and after 8 p.m. They will also be prohibited on weekends and public holidays.

On the night of March 26, we will switch to daylight saving time. The time will be put forward one hour since the sun will set later.

For vehicle owners, to offset inflation, petrol and diesel prices will not exceed €2 per liter at Total service stations.

Finally, once again for vehicle owners, it will be possible to request fuel allowance of €100. To benefit from it, you must have a taxable income less than or equal to €14,500 in the year of 2021 or use a vehicle for professional purposes regularly insured. The request is made on the Income Tax office’s (Impôts) website.
What are the changes coming in March 2023

A Summary of the Immigration Bill 2023: Part 2

A Summary of the Immigration Bill 2023: Part 2

Multidimension desk:

Proposed changes in the treatment of asylum demand

The bill provides for the creation of “Espaces France Asile”, to offer asylum seekers a simplified administrative path between the various competent administrations, namely the prefecture, the French Office for Immigration and Integration (OFII), the French Office for the Protection of Refugees and Stateless Persons (OFPRA). The government plans to deploy this system gradually, according to local needs and capacities, in order to rebalance the reception of asylum seekers in the territory.

The bill also proposes reforms to the organisation of the asylum appeal procedure before the National Court for the Right of Asylum (CNDA), in order to speed up the processing of appeals against refusals of protection by the OFPRA. The creation of the territorial chambers of the CNDA (which is today a single institution located at Montreuil) and hearing by a single judge are planned. The existing system of collegial court with three (3) persons will only be constituted if the complexity of a case justifies it.

Simplify appeal procedure against administrative decisions by the foreigners

Finally, the bill aims to simplify the procedure for cases involving the effective right of foreigners to challenge administrative decisions,  most of which are “obligation to leave French territory” (OQTF). This type of case is about 40% of the work of the Administrative Court (Tribunal Administratif). Already, the use of video hearings to adjudicate claims of foreigners held in administrative detention or in waiting areas has been increased to speed up the decision making process.

A Summary of the Immigration Bill 2023: Part 1

A Summary of the Immigration Bill 2023: Part 1

Multidimension desk:

What will change in the process of regularisation of foreign workers

The immigration bill, presented on February 1, 2023 in the Council of Ministers, plans to issue a one-year residence permit to irregular foreign workers present in the territory for at least three years who have minimum experience of eight months’ during the last 24 months in a job or a geographical area in tension. This mainly concerns the construction, IT industry, telecommunications and health sectors. Next to those are service sectors, restaurant and hotel business.

Half of more than 2.5 million foreigners working in France are concentrated in Île-de-France. This reflects in the figures for job positions in tension. At the national level 38% of domestic workers are foreigners on average which rises to 61% in Île-de-France. In the construction sector, the number of foreign workers is three times higher in Île-de-France than the national average.

This card will be tested until December 31, 2026, before its permanent validation. The executive wants to create a residence permit “of full right”. Employers will not have to take any steps, the card being equivalent to a work permit. Currently, undocumented workers can obtain an “employee” or “temporary employee” card pursuant to the “Valls” circular of November 12, 2012, but these are exceptional regularizations at the initiative of employers.

To date, the regularisation of undocumented workers therefore falls within the discretionary power of each prefect who decides sovereignly on the advisability of granting requests, which induces a difference in treatment depending on the departments and nourishes a deep feeling of injustice. For example, in certain departments, one person will be regularised, while in another department, with the same file, he/she will not be regularised.

Therefore, the principle of issuing a “resident permit of full right” will put an end to the old practice.

 

What are the changes proposed in the Health service sector

To meet recruitment needs in hospitals and medico-social establishments, a new multi-year “talent – medical and pharmacy professions” residence permit has been introduced. It will benefit qualified practitioners from outside the European Union, such as doctors, midwives, dental surgeons and pharmacists. At the same time, the issue of competence certificate authorizing practice in France for holders of a foreign diploma is decentralised to the regional level in order to speed up the processing of applications.

 

What are the changes proposed for asylum seekers

Asylum seekers from countries at high risk (countries with a high rate of international protection in France) will be able to work immediately. A list of these countries will be drawn up every year. Until now, if OFPRA has not made its decision on an application submitted for more than six months, asylum seekers can obtain a work permit.

The draft bill must now be considered by Parliament. The Senate will begin its reading in March 2023.

Experimentation of the RSA reform

Experimentation of the RSA reform

Multidimension desk:

The reform of the Active Solidarity Income (RSA) focuses on the implementation of intensive support for RSA beneficiaries in the search for work. This new reform is announced on Tuesday December 12 by the Minister of Labour, Olivier Dussopt at the National Assembly.

At the start of the year, the Court of Auditors reportedly showed that since its launch 7 years ago, 42% of RSA beneficiaries are still out of work. The absence of efficient support for professional reintegration is one of the shortcomings of the Active Solidarity Income system. The new reform tends to correct this problem.

The government has selected 19 out of 43 departments to experiment with the new vocational reintegration reform for 1 year, namely Aisne, Aveyron, Bouches-du-Rhône, Côte-d’Or, Creuse, Eure, Ille-et-Vilaine, Loire-Atlantique, Loiret, Mayenne, Metropolis of Lyon, the North, Pyrénées-Atlantiques, Réunion, Seine-Saint-Denis, Somme, Vosges, Yonne and Yvelines.

This experiment will be used to present the project ‘France Travail’ to replace ‘Pôle Emploi’ in the near future. This is a project that President Emmanuel Macron announced during the presentation of his program during the presidential elections in April 2022. According to him, France Travail would be the key to leading France towards full employment.