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14th January 2019

Impact on the worker statuses in France

The law amends some categories of residence card that have been created by the former law in 2016 and creates new types of immigration permits.Salarié détaché ICT (worker on assignment under foreign contract): the new law recalls the non-renewability of the status after 3 years within the European Union territory, except after having respected a waiting period of 6 cumulative months abroad. The applicant must reside outside of the European Union territory at the time of the visa application and must have a seniority of 6 months (instead of 3 months) within the Group. In the event the holder of a “salarié détaché ICT” residence permit in another country is assigned to France, the status “salarié détaché ICT mobile” would be applicable. The entity in the other European country must declare the assignment to the authorities of both countries.

Stagiaire ICT (ICT intern)

As for the “salarié détaché ICT” status, the law reinforces its non-renewability, creates a 6 months seniority requirement (instead of 3 months) as well as the necessity of staying outside of the European Union territory for 6 cumulative months before applying for a new “stagiaire ICT” permit. In the event the holder of a “stagiaire ICT” residence permit in another country is assigned to France, the status “stagiaire ICT mobile” would be applicable. The entity in the other European country must declare the internship to the authorities of both countries.

Passeport talent (Talent Passport)

The new law basically extends the definition of innovative company in order to be more attractive for related workers.

Student holding a master’s degree or its equivalent/researcher

The former “Autorisation provisoire de séjour” issued to students holding a French master’s degree or its equivalent is replaced by a residence card as “recherche d’emploi ou création d’entreprise”, valid 12 months, non-renewable. This card is extended to researchers at the end of their research program.

It gives the right to take different positions with several employers during the year of its validity, as soon as it concerns its holder’s fields of studies and respects legal working conditions (for example minimum salary). At its expiry date, its holder might apply for a change of status in order to obtain a full work permit.  The employer does not have to provide a labour market test or prove that it could have hired another candidate within the European Union. Its holder might also create a French company, linked with its field of studies. Former students might apply for this status during the 4 years following the issuance of their French diploma, even after having left the country, whereas it is nowadays only open to students who are still French residents applying right after their graduation.

Impact on dependent and other statuses

Children of the worker applicant

Immigration status for family is extended to the children of the couple, not only of the main worker applicant.

Circulation document for a child

Called “document de circulation pour étranger mineur (DCEM)» includes both the current DCEM and the “titre d’identité républicain (TIR)”. It is still issued for a maximum duration of 5 years. However, the administration might reduce its validity period depending on the parents’ residence card duration.

Long stay visitor

The law integrates new details for long stay visitor in France regarding minimum financial resources that must be at least equivalent to the French minimum salary and the provision of a medical insurance for the whole duration of the stay.

Jeune au pair

The law creates a status for “au pair”, valid 1 year, renewable for 1 additional year. Applicant must be aged from 18 to 30 and have signed an agreement with the hosting family. Among other conditions, working hours cannot exceed 25 hours per week and the hosting family must not be of the same citizenship than the applicant neither have ties.

More generally, the law plans to implement an online validation system for “visa long séjour valant titre de séjour”. An additional decree will be published at the latest on March 1st, 2019, detailing the terms of implementation.

Impact on the process

As a whole, the new law gives more favourable conditions to professional immigration permits applicants. The work permit and visa applications will still be done at the French Consulate for most of the statuses and processing times keep being similar. However, companies must give a specific attention to the conditions of issuance, particularly for workers on assignment with a foreign work contract.

More broadly, it is a great chance for former foreign students to apply for a residence permit within the 4 years of their diploma issuance and have a chance to take a position within a French company, without labour market test.

It is also a new open option for French employers to hire these profiles with easier work and residence permit conditions of issuance. This new law keeps following the line with companies’ appeal for simpler processes to send workers to France and more straightforward immigration requirements during their stay. However, we might expect delays in implementation of these new processes and rules as of March 1st, 2019, depending on the date the enforcement decree will be published.

 

Please contact us for further details on how this may impact you or your clients.

 

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