Immigration InfoDifferent administrative procedures related to foreigners residing or intend to reside in France
Extracts from the new law of January 26, 2024 aimed at controlling immigration and improving integration
TALENT: MULTI-YEAR RESIDENCE PERMIT FOR FOREIGNERS IN FRANCE
The “Passeport talent” has been renamed “Talent”.
Three categories of card issued to qualified employees (master’s degree holders, young innovative companies, “employees on assignment”, intra-group mobility) are merged into a single category called “talent-qualified employee“. The maximum validity of these cards is four years.
This section is currently being updated.
If you are a foreigner (except citizen of a European Union country or Algeria) and wish to work in France for more than 3 months, you can benefit from a multi-year residence permit (passeport talent). This card is issued in several situations, particularly if you are highly qualified to obtain a suitable job, wish to create a company or invest in France, or you are an artist. It is valid for a maximum period of four years and is renewable.
If you live in France
You must submit your application to the prefecture (or sub-prefecture) of your place of residence (find out more on the prefecture’s website) within 2 months before the expiry date of your residence permit.
If you live in a foreign country
You must submit your application to the French consular authorities in your country of residence. When you arrive in France, your card will be given to you at the prefecture or sub-prefecture of your residence upon presentation of your visa.
You have to apply for a card if you plan to stay for at least 1 year. If the length of stay is less than 1 year, a long-stay visa equivalent to a residence permit (VL-TS) with the mention talent passport is sufficient.
You can obtain a talent passport card – qualified employee – exercising an employed activity if you meet the following conditions:
You have obtained, in France, a professional bachelor’s degree or a Specialized Master’s/Master of Science (labeled by the Conférence des Grandes Ecoles or at least equivalent to the Master’s degree).
You have an employment contract of more than 3 months that provides for a gross annual salary of € 41,933.00 or more.
Emploi hautement qualifié
You can obtain a residence permit – talent passport – EU Blue Card – for salaried employment if you are a highly qualified worker.
You must have :
a diploma certifying at least 3 years of higher education or 5 years of professional experience of comparable level
An employment contract of at least 1 year
A gross annual salary of at least 53,836.50 €
Profession artistique et culturelle
You can obtain a residence permit for a talent passport – artistic and cultural profession if you are :
or author of a literary or artistic work.
You can obtain a residence permit – talent passport – economic investment – all commercial activities related to the project if you make a direct economic investment in France.
Salarié en mission
Employee on assignment
You can obtain a “passeport talent – salarié en mission – exercice d’une activité salariée” residence permit if you meet all of the following conditions:
- You are an employee of a company based abroad and are coming to France to work as a salaried employee within the framework of mobility between establishments of the same company or between companies of the same group (intra-group mobility).
- You have at least 3 months’ seniority in the group employing you
- You have an employment contract with the company that employs you in France
You earn a gross annual salary of at least €38,165.40
Recrutement dans une entreprise innovante
You can obtain a talent passport card – innovative company – exercising an employed activity if you meet all the following conditions:
You are recruited in a young innovative company or a company recognised as innovative by the Ministry of the Economy
Your duties are directly related to the research and development project of this company.
You have an employment contract that provides for a gross annual salary of 40,295€ or more.
You can obtain a residence permit for a talent passport – business creation – authorising you to carry out a commercial activity if you meet the following conditions:
You have a degree at least equivalent to a master’s degree or 5 years of professional experience of a comparable level
You have a real and serious plan to set up a business (commercial, craft or industrial) in France.
Investment of at least €30,000 in business projects
Existence of assets commensurate with minimum wage (SMIC), i.e. €21,203.04 (as of 1st January, 2024)
You can obtain a residence permit – talent passport – economic investment – all commercial activities related to the project if you make a direct economic investment in France.
Investment via a company
* You invest through a company that you personally manage or in which you hold at least 30% of the capital.
* You plan to create or safeguard employment in the 4 years following the investment in France
* The investment in tangible or intangible assets must represent at least 300 000 €.
You personally invest in a company in which you acquire a lasting interest (at least 10% of the capital).
You plan to create or safeguard employment within 4 years of investing in France
The investment in tangible or intangible fixed assets must represent at least €300,000.
Chercheur - Programme de mobilité
Researcher – Mobility Programme
You can obtain a “passeport talent – chercheur – exercice d’une activité salariée” residence permit if you meet all the following conditions:
You have a diploma at least equivalent to a Master’s degree: DEA, DESS, engineering diploma, diploma from an institute of political studies, higher diploma in accounting and management, chartered accountant diploma, State diplomas for veterinary surgeons, doctors of medicine, dental surgery, pharmacy, etc.
You are coming to France to conduct research or teach at university level
You have a hosting agreement with an accredited public or private organization involved in research or higher education. The agreement must state that you are a researcher, and the purpose and duration of your stay in France. If you are planning to carry out research in another EU country, the agreement must specify that you are a member of a mobility program. In this case, you can apply for a “passeport talent – chercheur – programme de mobilité” residence permit.
IMPORTANT ADDITION IN ‘TALENT’ LIST
To meet recruitment needs in hospitals and medico-social establishments, a new 4-year multi-annual “talent – medical and pharmacy professions” residence permit has been introduced for doctors, dentists, midwives and pharmacists with qualifications from outside the European Union (PADHUE).
Procedure of administrative regularisation of foreign nationals living in France without official stay permit
Minimum eligibility to obtain immigrant status through work
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.
Periods of residence and employment under cover of residence documents seasonal worker, student, asylum seeker (mentioned in articles L. 421-34, L. 422-1 and L. 521-7) are not taken into account when considering applications for temporary residence permits marked “temporary worker” or “employee”.
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 prefect 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 issuance of this document is accompanied by the issue of 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 regularization 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 regularization procedure does not involve any mandatory participation by the employer. The initiative now rests with the worker.
Compliance by the employer with labor and social legislation will be verified during the procedure.
Employers’ obligations in terms of French language training for their foreign employees have been reinforced.
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).
These measures will come into force following a decree, by early 2026 at the latest.
Beware of the authenticity of your pay slips
Some company directors take advantage of the ignorance, faith or vulnerability of employees who need to regularise their administrative situation, by handing them false payslips in exchange for cash payment. On the other hand, many eligible employees obtain pay slips at the last minute, just before submitting their applications. This can lead to errors in accounting. In the past, this was not such a major problem. But nowadays, the prefectures check pay slips thoroughly. Some prefectures even check pay slips on the spot. So make sure that the pay slips are properly accounted for. Particularly if the salary is paid in cash. Salary paid by cheque or bank transfer (VIREMENT) proves that you have worked for the company that employs you. So avoid accepting cash unless you don’t have a bank account, and if you do take cash, don’t forget to get a copy of the payment receipt with the company stamp. The amount of the cheque or transfer must be equal to the sum shown on the payslip, so that its authenticity can be verified.
New domicile rules set by the prefectures
Most prefectures have introduced a new rule concerning the applicant’s home address, i.e. whether it is registered with the income tax and social security offices when the application is submitted. If you have changed your address but have not made the change on the above-mentioned official documents, do so as soon as possible. If you have an Income Tax identification number, you can make the change online. However, you must go in person to the social security center under whose jurisdiction you are domiciled. People who have difficulty changing their Social Security address even after visiting the center can do so at www.service-public.fr and print out the proof. Present it to the Social Security center along with the proof of residence and ask for a receipt. Bear in mind that, although the law stipulates it, they don’t want to give a receipt easily, so you must insist on getting one.
Residence permit renewal procedure - salarié
Now, it is compulsory to obtain a “work permit” for the renewal of the residence permit – employee, by making the request on the website of the DIRECTION GÉNÉRALE DES ÉTRANGERS EN FRANCE.
This request can only be made online.
To do so, you must ask your current employer to make the request.
Your employer must submit a number of documents,
Once the application has been sent, your employer should regularly monitor his or her e-mail for reply and act in accordance with the instructions of the DIRECTION GÉNÉRALE DES ÉTRANGERS EN FRANCE within a given timeframe.
MORE INFORMATION ON IMMIGRATION PROCESS – VIE PRIVÉE ET FAMILIALE/ RAISONS MÉDICALES
Administrative regularisation after ten years of continuous presence in France
People wishing to apply for administrative regularisation on the basis of 10 years’ uninterrupted residence in France will need to provide at least 4 proofs (one per quarter) per year.
It’s a good idea to have an employment contract or commitment to future employment, and proof of participation in French language learning programs and social organisation activities.
If all your documents are in order, you can obtain a one-year residence permit – for private and family life – for the first time.
In many cases, applicants are called before a commission for an in-depth analysis of their situation. In this case, knowledge of the French language and experience of French society become important factors.
Applying for residence permit on medical grounds
The rules for submitting “medical reason” applications have changed. From now on, applicants must upload all medical documents to ANEF website, together with proof of one year’s residence in France and proof of identity and civil status. After verification, if the file is satisfactory, an appointment will be given to collect an application file from the Préfecture de Police depending where your residence address is. There will be a form reserved for medical certification, to be completed by your personal/hospital doctor. An envelope will be provided with the file by the prefecture, and all your documents must be forwarded to the address indicated by OFII inside the envelope.
The doctor treating you or your child will provide you with prescriptions, medical certificates, pathology reports and any other medical documents you deem useful for your application. But all documents must bear the signature and seal of your personal physician. Don’t forget that under the new rules, you don’t need to submit a medical certificate to the prefecture.
The doctors in OFII will examine your medical file and contact your doctor, if necessary, to obtain further information. In this case, you will be contacted. Your doctor must provide the requested information within 15 days.
OFII doctors may call you back for a medical examination. They may also carry out pathological examinations. These examinations are free of charge. All your medical documents will then be sent to the OFII medical commission. You may be called for an interview. You have the right to attend the interview with a doctor of your choice and a translator. You must present an identity document in the time of interviews. At that point, you may be required to undergo a further medical examination. This medical commission will inform the Prefecture of its decision concerning your application. The Prefecture will respond accordingly.
Admission exceptionnelle au séjour (AES) - How to apply for the first time?
To request an appointment for submission of exceptional admission to residence (AES) – Employee/Private and family life (salarié/Vie privée et familiale) at Ile-de-France prefectures, specific documents are required to make the request online or by email according to the rules set by the prefect concerned.
AES / first residence permit at Préfecture de Paris – via démarches simplifiées
AES / first residence permit at Préfecture de Yvelines – by email
AES / first residence permit at Préfecture de Bobigny – via démarches simplifiées
AES / first residence permit at Sous Préfecture de Saint Denis et Rancy – via démarches simplifiées
AES / first residence permit at Préfecture de Nanterre – via démarches simplifiées
AES / first residence permit at Préfecture du Val D’Oise et Sarcelles – via démarche simplifiées
AES / first residence permit at Préfecture du Val-de-Marne – nous contacter
AES / first residence permit at Préfecture d’Évry/Essonne – via démarches simplifiées
AES / first residence permit at Préfecture de Seine-et-Marne
1. AES Salarié – via démarches simplifiées
2. AES 10 years – by post
MARRIAGE AND FAMILY REUNION (REGROUPEMENT FAMILIAL)
Statutory refugees and stateless persons
Statutory refugees and stateless persons are governed by French law as the law of the country of residence (Articles 12 of the 1951 Geneva Convention relating to refugees and the 1954 New York Convention relating to stateless persons). This same law is applicable to the beneficiaries of subsidiary protection.
Consequently, if the marriage of a protected person celebrated in abroad is in contradiction with the French rules, the OFPRA will not take cognizance of it.
- Those statutory refugees who are married before leaving the home country must register their marital and family status with OPFRA and demand ‘Titre de séjour’ at the prefecture. Once the civil status certificate and the ‘titre de séjour’ are delivered, they can apply for family reunification at the relevant French embassy. In such cases, there is no need to provide proof of lodging facilities and permanent income. But keep in mind that as per the regulation, a statutory refugee should submit a copy of ‘Titre de voyage’ alongwith the application. However, the demand can be made without it, but the embassy may later ask you to complete your file.
According to November 2015 decision, if someone marries outside France after obtaining asylum status must apply to OFII for ‘Family Reunion’ (Regroupement Familial) to bring spouse in France. In that case the applicant must have a residence in his/her name, tenant or owner, and adequate source of income.
- When statutory refugees want to marry outside of France, and they can’t enter his/her mother country, they have to apply for the ‘certificate of capacity to marry (certificat de capacité de mariage)‘ from the relevant French Embassy based in the third country where he/she likes to officialise marriage, before getting married. In some French Embassies, online appointments can be made. Take an appointment before travelling and prepare your file with all necessary documents. If you get married without ‘certificate of capacity to marry’ and ‘Publication des bans’, the OFPRA will not register the marriage.
Proceed with correct and current information to avoid committing error.
When proper housing and adequate income are criterias: both refugee and salaried persons
Those statutory refugees who have married in a third country and those who have been regalarised in France with salaried resident card must submit application to the OFII for Family Reunification.
Salary card holders can apply only after 18 months of the regularisation of their administrative situation in France.
In this case, the size of the residence is calculated on the basis of 11 square meters for each of the family members. For example, 22 square meters for a couple and 11 more square meters per child, i.e., 33 square meters for 3 members family, and 44 square meters for a family of 4.
Accommodation must be rented or owned by the applicants.
Applicants must have full-time CDI work and monthly income must be adequate to support household expenses.
The house rent should be commensurate with the monthly income.
Another important thing is that the living environment must be healthy. In particular, kitchens should have adequate smoke and odor extraction, house heating in winter, and toilets and bathrooms should be kept clean.
What to do once your family arrives in France? - Refugee/Salarié/Passeport talent
The French embassy currently issues three-month visas to family members of immigrants and refugees for family reunification. Once family members arrive in France, those who are aged 18 or over must apply online for obtaining resident card on ANEF website. In this case, the applicant will receive a certificate of application, which can be downloaded from the site.
Once the application has been processed, the Home Ministry will send an e-mail attributing foreignr number. The applicant will then receive an appointment by e-mail from the prefecture, specifying when and where he or she must bring documents. At the time of the appointment, the prefecture will issue a récépissé after biometric authentication. Once the resident card is ready, the prefecture will send a SMS asking the applicant to take an appointment on its online portal to collect the card.
Your children (if any) under 18 must apply online for DCEM (carte de circulation) after arriving in France on a 3-month visa.