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

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.

• 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.

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.

• 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.

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.