The French Government has introduced a new bill which proposes significant changes to France’s immigration rules.

The Asylum and Immigration Law (No. 2018-778) was signed into law by President Macron on 10 September 2018 and published the following day.

What is proposed?

Below are the key changes which may be of interest to employers:

Intra-company transfers

  • Cooling-off period. EU ICT permit holders would be required to leave France when their status expires, for a period of at least six months.
  • Work experience. To qualify for the EU ICT Permit, the employee would require a minimum of six months employment with their home country employer, rather than the three months experience required at present.
  • Dependents. The children of a primary applicant’s spouse would qualify for dependent status, rather than only the applicant’s own children, as at present.

Pre-approval for employers

A proposed new pre-approval process for sponsoring companies would unlock streamlined work authorization process, with faster processing times and fewer required documents. Further details are not yet available.

Upgraded permit for non-EU graduates

The current temporary residence authorization (APS) issued to non-EU nationals who have graduated from a French university or school would be upgraded to a full residence permit with the right to travel in the Schengen area, thus allowing graduates increased intra-EU mobility. This would implement the EU Directive on research, studies and training.

Talent Passport

  • The four-year Talent Passport would be expanded to allow companies to qualify as “innovative” sponsors even if they have not obtained the tax status of “young, innovative company” (JEU).
  • Business projects that support the economic development of a French company would also qualify for the Talent Passport.

Accompanying Minors

Under the proposed new law, the two current travel permits for non-EU minors (the DCEM, for those born outside of France, and the TIR, for those born in France) would be unified.

Action Items

  • Employers in France should note the proposed changes and stay tuned for more details once the law is passed and implemented.

Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.