France: New Comprehensive Immigration Law Introduced
March 11, 2024
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At a Glance
- The French government published a new comprehensive immigration law on January 27, 2024, which has immediate effect.
- The main work-related changes include:
- a new residence permit for medical professionals;
- limits on the repeated renewal of certain temporary residence permits;
- the introduction of a French-language proficiency requirement for multi-year residence permit holders; and
- a residence permit allowing for the regularization of certain undocumented workers.
- The new law is mainly intended to combat irregular migration and control foreign workers’ stays in France.
The situation
On January 27, 2024, the French government published a new immigration law, which has immediate effect.
A closer look
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CHANGE |
DETAILS |
IMPACT |
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New residence permit specifically for medical professionals |
The law creates a new, four-year (renewable) residence permit for non-EU doctors, dentists, pharmacists, and midwives. Specific eligibility requirements for the residence permit are expected to be clarified at a later stage. Previously, there was no unique medical-professional immigration pathway and these categories had to apply under common work-based residence permits.
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This change will help address the labor shortage in the health sector. Foreign nationals will benefit from a new, simplified residence permit pathway which will not require a separate work permit. |
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Renewal limits imposed on certain temporary residence permits |
Foreign nationals holding a “salarié” permit and certain family-based permits can no longer renew their temporary residence permit more than three consecutive times. However, these individuals can still change to other residence permit categories if they are eligible. Previously, there were no limits on the number of times an individual could renew their temporary residence permit.
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In principle, foreign nationals should be eligible for another, longer-term permit type (multi-year) before reaching the three renewal limitation. |
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Regularization of undocumented foreign workers in talent shortage industries and areas |
The law introduces a one-year (renewable) residence permit for undocumented foreign nationals in France to work in sectors and areas facing labor shortages. Approval of the application will be at the discretion of each region’s Prefect (Government representative). To be eligible, applicants must have resided in France for three consecutive years and have been employed for at least 12 of the 24 months preceding the submission of the application. This provision will be in place until December 31, 2026 (subject to a review by the French Parliament for possible extension). Previously, regularization of undocumented foreign workers was available only on a case-by-case basis.
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This law is likely to increase employer access to much-needed workers amid tight global labor markets, while allowing undocumented foreign nationals a pathway towards being legally present in France. The regularization scheme will apply to jobs on the national shortage occupation list, which will be reviewed at least once a year. |
- Update March 11, 2024: New French proficiency rules forthcoming. Applicants for certain multi-year residence permits (e.g., “employee” or “private and family life”) will need to prove at least an A2 level of French to be eligible for these statuses. This rule is expected to go into effect by January 1, 2026. When it is in effect, foreign nationals who do not fulfill this rule will not qualify for a multi-year residence permit and will need to renew their temporary residence permit (with the three-time renewal limitation). Currently, multi-year residence card applicants only need to prove they are learning French as part of a compulsory training program. Additionally, the required proficiency level will be raised from A2 to B1 for the 10-year residency card; and the proficiency level required for French citizenship will be raised from B1 to B2 (these changes are also expected to be in force by January 1, 2026).
Background
This law was originally passed by France's Parliament on December 19, 2023, after which it was sent to the Constitutional Council for review. On January 25, 2024, the Council issued its ruling, striking down 32 out of 86 provisions (and censuring three other provisions) on the grounds of total or partial unconstitutionality. Some of the provisions which were struck down notably include: proposed restrictions on access to social benefits; the introduction of immigration quotas; the creation of an offense of "irregular stay"; and a preferential visa clause for British second homeowners.
Looking ahead
It remains unclear whether these overall reforms will address the needs of the French business community, particularly as forthcoming implementing acts and decrees will affect the overall impact of the laws.
Fragomen operates in France as the immigration consultancy/law firm, Fragomen France AARPI. 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].
