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France: Backup Filing Options Forthcoming for ANEF Online Filing System for Residence Permits

July 1, 2022

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  • FranceFrance

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At a Glance

  • On June 17, 2022, the French Ministry of Interior issued a communication stating that it is working on amending the legislation concerning the centralized residence permit online filing system, ANEF, to account for technical issues encountered when using this system.
  • As a result, the Ministry of Interior will amend the ANEF legislation to provide for backup filing solutions whenever filing through the ANEF is technically not possible, while the local filing authorities, Préfectures, are currently required to propose and implement such solutions.
  • The backup solutions should help ensure that foreign nationals remain compliant with immigration laws and should reduce start-date delays as well as suspensions of contracts due to non-compliance with such laws.

The situation

The French Ministry of Interior is amending the legislation concerning the centralized residence permit filing system, ANEF, to provide for backup filing solutions as a result of ongoing system issues and delays.

Background

On March 24, 2021, the French government published a decree requiring use of the ANEF platform to file residence permit applications. Since this date, there has been a gradual transition to the system, which began with a few key immigration processes, such as the “Talent Passport” residence permit applications.

A closer look

  • Issues arising from system. There have been numerous technical issues which have impacted the processing of applications through the ANEF system, putting applicants at risk of non-compliance with immigration laws. These issues have been raised by several organizations, unions and official governmental agencies. Specifically, the French Senate published an official report analyzing the results of the ANEF system and proposing solutions for improvement.
  • Council of State decisions. The Council of State subsequently received a case raised by several organizations, unions and stakeholders acting on behalf of foreign nationals impacted by the system issues. In its decision, the Council of State specified that although the French government has the right to require residence permits to be filed through the ANEF system, it must provide for alternative filing systems when online filing is not possible in practice, such as when the ANEF system is having technical issues.
  • Adjustments due to decision. As a result of the Council of State’s decision, local authorities who process the applications (Préfectures) must propose alternative filing solutions to the ANEF’s technical issues, which can be in-person, by post, or by deposit box. These backup solutions can vary by Préfecture. Additionally, the Ministry of Interior must amend its legislation to include alternative backup filling solutions.

Impact to foreign nationals

Once implemented in each Préfecture, the amendments to ANEF should improve immigration compliance for foreign nationals utilizing the system, allowing foreign nationals to file their applications on time and maintain legal status in France.

Impact to employers

  • Reduced start-date delays. Since employers are required to ensure that foreign national employees hold proper work and residence authorization, the proposed backup filing solutions should reduce the delays in employing new candidates if the ANEF system is not working.
  • Decreased instances of suspensions of contract. The amendments to the ANEF system should also decrease instances where employers are forced to suspend a current employee’s contract because they are no longer covered by a valid residence permit document.

Looking ahead

Préfectures are currently creating backup filing solutions, including in-person, postal and deposit box options, which should be fully implemented in the next few weeks. Also at this time, the Ministry of Interior is amending the ANEF legislation to include these backup options, which is expected to be published in the coming months.  Fragomen will report on related developments.

Fragomen in France is Fragomen France AARPI., operating as an immigration consultancy/law firm in France. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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