Country Update 2024: FRANCE

Contributed by: Fanny Laredo (Karl Waheed Avocats)

May 2024

1. Legislative Changes

We here take stock of the measures from this new law that directly impact professional immigration.

Talent Passport residence permits:

• "Talent Passport” residence permits change their name to “Talent” residence permits, in a simplification effort.

• The following three Talent Passport residence permits: Talent - Passport Qualified employee, Talent Passport employee of an innovative company, and Talent Passport intra-company all merge into a single “Talent - Qualified employee” residence permit. This simplification does not modify the initial conditions required for each status, but the minimum salary thresholds could change since the article refers to "a salary threshold set by decree in the Council of State", which has not yet been published.

• The following three Talent Passport residence permits: Talent Passport - Business Creation, Talent Passport innovative economic project and Talent Passport economic investment will all merge into a single “Talent - Project Bearer” residence permit.

• The Law creates a "Talent - medical and pharmacy professions" residence permit, which will concern doctors, midwives, dental surgeons and pharmacists.

Regularization of undocumented workers in short-staffed professions:

The law gives prefects discretion to regularize undocumented workers, who have lived in France for at least three years and who have worked at least 12 months, consecutive or not, over the last 24 months, and have a job in short-staffed professions in a specific area. This will lead to the issuance of a residence permit bearing the title “temporary worker” or “employee” for a period of 1 year. The workers will be able to apply without their employer’s approval.

2. Olympic Games

Olympic Games will take place in Paris and other cities (Marseille, Toulouse, Lille) from 26 July to 11 August 2024. The Paralympic Games will take place from 28 August to 8 September 2024.

Among measures for foreigners we can note the possibility for foreign students to participate in private security activities. In that case, the working time performed in the framework of these activities will not be taken into account for the calculation of the ancillary working time allowed for foreign students which is 60% of the annual working time (i.e. around 964 hours per year).

We also received confirmation from the French Ministry and Consulates in the US that a simplified process has been implemented for any travellers for whom an accreditation request is submitted to the Olympic or Paralympic Committee: members of the Olympic and Paralympic Committees, athletes, accompanying persons, media, official guests, etc.

They can appear in any visa center to apply for a visa, without prior appointment, a dedicated time slot is available to them each morning. They only need to provide their passport, the proof of accreditation and photos. A fingerprint formality takes place as well. There is no visa fees to be paid and no visa form to be filled out before the submission of the application.

3. Absence of transposition of EU blue card Directive

In a communication dated 25 January 2024, the European Commission announced having adopted a set of decisions concerning the delay in the transposition of EU Directives. As such, France is on notice for failure to transpose the directive of 20 October 2021 relating to the “European Blue Card”.

States had until 18 November 2023 to adapt their internal law. In France, the law of January 26, 2024 - which includes several articles relaed to the employment of foreigners - did not provide any modification of the Foreigners Code (CESEDA) for the status “European Blue Card”.

French authorities had two months to respond and complete the transposition. Failing this, the Commission could issue a reasoned opinion, and in the absence of a response, bring the matter before the Court of Justice of the European Union.

The Foreigners Code (CESEDA) includes several provisions relating to the multi-year “talent, European blue card” residence card which are not in line with the Directive: possibility for the foreigner to present an employment contract or a job offer of at least 6 months (currently 12 months), duration of the residence permit set at a minimum of 24 months (currently one year), possible mobility to another Member State after 12 months of legal residence in the first Member State (instead of 18).