This client alert recalls the EU Directive of 28 June 2018 on the posting of foreign workers, the law of 5 September 2018 “for the freedom to choose one’s professional future”, and the law of September 10, 2018, “for a controlled immigration, an effective right of asylum and a successful integration”, and concentrates on the measures impacting professional immigration.
The Bill for a controlled immigration and an effective right of asylum was adopted on 1st August 2018 by the National Assembly. The decrees of application have not been published to date. Only the measures impacting professional immigration are presented here.
On 3 August 2018 a writ was filed for the constitutionality of the law be confirmed by the Conseil Constitutionnel. The Court has one month to render its judgment. The law should therefore be enacted by mid September at the latest.
Provisions on professional immigration have not been significantly amended. The reforms introduced by law and described in our newsletter of March 1, 2018 are unchanged.
The Bill for a controlled immigration and an effective right of asylum was presented on 21 February 2018 in Council of Ministers, and registered at the Presidency of the National Assembly the same day. The government has committed to this bill the accelerated procedure provided for in article 45, paragraph 2, of the Constitution. It is the measures impacting professional immigration that are presented here.
The French government, in its continual effort to facilitate international professional mobility, is rolling out several digital tools, to simplify entry and work procedures in France for foreign employees. The latest important innovation is the portal “France Visa” which allows applying for visa online. This portal is an addition to a number of other dematerialized applications already in place for registration and declarations relating to the international mobility of foreign employees.
The Law on the Rights of Foreigners in France of 7 March 2016 and the decrees and orders of 28 October 2016 established the legislative and regulatory framework for the new procedures for professional immigration, specifying in particular the new procedures and the lists of documents to be provided. The circulars of 2 November 2016 provide details on the priority orientations which should guide the administration in the application of these texts.
The first texts implementing the law on the right of foreigners in France were published Oct 28, 2016.
The areas concerned by the suppression of work permits when the activities are planned for less than 90 days have been defined.
The implementation of consular procedures for the “Talent Passport” and “Intra-Company Transfer- ICT” visas may cause delays for these categories.
While waiting for the publication of the implementing decrees of the Law on foreigners’ rights in France of 8 March 2016, here is an update on the latest in professional immigration.
A new directive consolidates minimum standards for the admission of scientists, students, trainees, volunteers, and creates intra EU mobility rights for scientists and students.
The Law on the Right of Foreigners in France was promulgated 7 March 2016 and published in the Official Gazette on 8 March 2016. Some provisions reshuffle in depth categories and duration of residence permits and the system of work permits on labor migration. This law creates the Talent Passport category for highly skilled workers which provides for a residence permit valid for up to four years. The entry into force of these provisions is postponed to a date to be fixed by decree no later than 1 November 2016. In the absence of implementation decrees there is incertitude on changes to the current immigration processes.
Following the law of 6 August 2015 called “Macron”, Decree No. 2015-1579 of 3 December 2015 sets out the rules for the application of the temporary suspension of the provision of international services in cases of serious breaches of the rules concerning social rights of posted workers. The decree also stipulates administrative sanctions for non-compliance with the temporary suspension order.