Country Update 2025: FRANCE

Contributed by: Fanny Laredo (Karl Waheed Avocats)

May 2025

1. Legislative Changes

Since the Darmanin Law entered into force in January 2024, several ministerial instructions were published.

For example the ministerial instruction from the new Minister of the Interior (Bruno Retailleau) on 23 January 2025 concerning regularisation for undocumented workers.

Replacing a previous instruction in force since 2012 (“Valls Circular”), this ministerial circular significantly tightened criteria for “regularisations” (issuance of residence permits for foreigners residing in France illegaly):

• applicants must now demonstrate at least 7 years of continuous presence in France, it was 5 years before.

• Focus on Labour Shortages: Priority is given to undocumented workers in sectors facing labor shortages, requiring proof of 12 months of work within the last 24 months. But the list of shortage jobs has not been updated since 2018 and does not include jobs with high numbers of undocumented workers (delivery drivers, home helpers, restaurant workers). We expect a new list to be published this summer, by September at the latest.

These measures increase precariousness among undocumented foreigners and limit pathways to regularisation. It is already observed in practice.

2. Highly Skilled Immigration (Status Talent European Blue Card)

The EU Directive has been transposed into French Law only on April 30, 2025 (although Member States had until 18 November 2023 to transpose this Directive into national law).

The main changes are the following:

• Possibility for the foreigner to present an employment contract or a job offer of at least 6 months (instead of 12 months before),

• Duration of the residence permit set for a minimum of 24 months (previously one year),

• Possible mobility to another Member State after 12 months of legal residence in the first Member State (instead of 18)

• Previously, the alternative to the diploma was a professional experience of at least five years. Now, three years of relevant professional experience during the seven years preceding the application is accepted.

The salary threshold remains unchanged: gross salary of €53.837 per year.

3. Deportations

The number of deportations increased: in the first half of 2024, France deported 2,500 foreigners - a 28% increase compared to the previous year.

4. Nationality and integration

Introduction of stricter French language tests

Foreign nationals applying for French residency or citizenship will be subject to new French language tests, according to rules that must be in place by 1 January 2026:

• A B1 level is required for 10-year residence permits

• Naturalisation: Applicants must achieve a B2 level in French.

Reports on the new tests suggest that they could be so difficult that 60,000

people could be refused permission to stay in France in the first year of the tests.

Ministerial instruction (Retailleau) (2 May 2025) regarding naturalisation

On 2 May 2025, French Interior Minister Bruno Retailleau issued a new circular aimed at tightening the criteria for granting French nationality to foreign citizens. This instruction emphasizes stricter evaluation of applicants’ integration, legal compliance, and self-sufficiency.

The main points are:

• Stricter assessment of assimilation: applicants must demonstrate a deeper

  understanding of the French language and a clear recognition of French history and values.

• Zero tolerance for past irregularities: The circular instructs to reject citizenship applications from individuals with previous instances of illegal residency, regardless of their current status. – it was already the case

• Language requirement: a minimum B2 level in French is now required,

• Mandatory civic examination: applicants are required to pass a civic exam to assess their adherence to the values of the Republic. It is already the case during the “naturalisation interview”

• Proof of stable employment and income: applicants must provide evidence of at least five years of stable employment and sufficient income, excluding social welfare benefits. This is new. Before, in practice, 2 years were sufficient.

The circular is expected to reduce the number of successful naturalisation applications by imposing more rigorous requirements.

5. EES and ETIAS

EES

The EES system will replace the manual stamping of passports. Travelers will have to scan their passport at a self-service machine every time they cross an external EU border. Their biometric data will be recorded.

The travelers affected:

• all travelers who are not nationals of an EU country (and of the four non-EU

  Schengen countries - Iceland, Liechtenstein, Norway and Switzerland).

• whether or not subject to visa requirements when crossing the borders of the Schengen area,

• for a short stay (maximum 90 days over a total period of 180 days).

Will be exempted from EES travelers who are not EU nationals but hold a long-stay visa or a residence permit issued by an EU country.

EES is not operational yet. It is due to start later in 2025.

ETIAS

ETIAS is currently not in operation and will not start in the first half of 2025.

No action is required from travellers at this point.

The European Union will provide information on the start of ETIAS several months prior to its launch.

ETIAS is a pre-approval to be obtained before travelling, basically like the US ESTA.

It will only concern visa-exempt non EU citizens visiting for up to 90 days maximum.

The cost will be €7. It will be valid for three years. It is issued within a maximum of 96 hours.