The implementation of the law of 7 March 2016 on the rights of foreigners in France. Circulars of 2 November 2016 – Provisions applicable as of 1 November 2016 and 1 January 2017

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.

 

Publication of the implementing regulations of the Law of March 7, 2016

 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.

Client Alert – Updates Summer 2016 – 060716

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.

Directive 2016/801 on EU wide mobility of third-country students and scientists-21/06/2016

A new directive consolidates minimum standards for the admission of scientists, students, trainees, volunteers, and creates intra EU mobility rights for scientists and students.

Promulgation of the new Law on Rights of Foreigners – March 8, 2016

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.

 

 

Improper Posting : Temporary suspension of the provision of illegal international services – Dec 14, 2015

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.

Blacklist of businesses convicted of illegal labor, Nov 13th, 2015

The Act of 10 July 2014 provided for the establishment of a “blacklist” on the web of companies convicted of illegal work. A decree of October 21, 2015 specifies how this information will be posted on the website of Ministry of Labour. The aim is that the negative publicity impacting the company’s image could be extremely dissuasive.

End of transitional period for Croatian workers – July 2, 2015

In a statement of 1 July 2015, the European Commission recalls that on 30 June the first phase of the transitional arrangements for Croatian workers came to an end. Member States had until that date to notify the Commission whether they intend to maintain restrictions on the access of Croatian citizens in employment over the next three years or if they already want their fully open their market.

Additional disclosure in the work permit applications starting 1st January 2015 – Nov 25, 2014

New work permit forms will be effective starting 1st January 1st 2015. Additional information will now need to be provided by the employer abroad, the host company in France and the employee, which may have consequences for our clients.

Draft law on the Rights of Foreigners in France

The government finalized its draft of Law on the Rights of Foreigners in France. The new law would increase the use of multi-annual permits to stay, create new immigration categories and eliminate the work permit requirement for assignments of less than three months.