The new French immigration law, with many of its controversial clauses, has several aspects such as work, integration, removal but also asylum, and litigation of foreigners. When first approved, the government announced a delayed family reunification process, making it harder to get social benefits and quotas on migration and many other clauses that were against the migrants and foreigners. But now the constitutional council of France has revoked and dismissed all three and 29 other articles from the law which were against migrants and foreign workers introduced during the examination of the text in the Senate.
The new immigration law has become challenging for the French government these days as many of the newly passed clauses might well not help newcomers or asylum seekers in the country. The constitutional council of France, when the newly passed immigration law in front of them, revoked or dismissed 32 of the total 86 law articles. Surprisingly it struck down on Thursday many of the clauses introduced by opposition rightwing lawmakers to further toughen the bill during a turbulent parliamentary process.
Measures censored by the Constitutional Council
In its decision of January 25, 2024, the Constitutional Council censored for formal reasons 32 articles (as “legislative riders”: articles without sufficient link with the initial text) and 3 articles on the substance (in part or in full).
These censored provisions, introduced almost entirely by the Senate, relate in particular to:
- the establishment of migration quotas;
- the requirement of a regular length of stay imposed on foreigners for access to certain allowances (personal housing assistance -APL, family allowances, etc.);
- the tightening of family reunification;
- restrictions on access to stay for sick foreigners;
- the deposit of a “return deposit” for foreign students;
- the reinstatement of the offense of illegal residence;
- the conditions for access to French nationality for young people born in France to foreign parents;
- taking fingerprints of an illegal alien without their consent;
- emergency accommodation conditions for foreigners subject to a removal order;
- taking into account in the allocation of public development aid the degree of cooperation of foreign states in the fight against immigration.
Stating all this, there are many other positive aspects of the law, which will also benefit the migrants and foreign workers in the country. The essentials of immigration law have been discussed below.
Integration and residence permits
Foreigners applying for a first multi-year residence permit must have a minimum knowledge of the French language (level A 2). Today, these residence permits, generally valid for 4 years, are issued on the sole condition of having followed French learning within the framework of the Republican integration contract, but without obligation of result. The minimum level of French required for the granting of a resident card and for naturalization has also been raised (levels B1 and B2). The obligations of employers in terms of French training for their foreign employees are reinforced.
All foreigners who request a residence document must undertake to respect the principles of the Republic by signing a new contract (freedom of expression and conscience, equality between women and men, motto and symbols of the Republic). Today, for certain residence permits, this condition of respect for republican principles is not provided for. In the event of rejection of one of these principles, the prefectures will refuse the residence permit or may withdraw it or not renew it.
Foreigners who are victims of “slum traders” and who have filed a complaint will be issued with a residence permit during the criminal proceedings. New grounds for refusal to issue, renew or withdraw temporary residence cards have been created (documentary fraud, offenses committed against elected officials or public officials, etc.). The serious threat to public order becomes a reason for non-renewal or withdrawal of the resident card. In addition, for the renewal of certain long titles, a condition of habitual residence in France is imposed.
Asylum and litigation of foreigners
The law provides for the gradual deployment of territorial centers called “France asylum” after the establishment of 3 pilot sites, replacing the one-stop reception centers for asylum seekers (GUDA). These centers will allow in the same place the registration of asylum seekers by the prefecture, the opening of rights by the French Office of Immigration and Integration (OFII), and the submission of the request to the French Office for the Protection of Refugees and Stateless Persons (OFPRA).
The organization of the National Court of Asylum (CNDA) is also reformed, with the creation of territorial chambers of the CNDA and the generalization of the single judge. College training will only be used for complex cases.
Asylum seekers who present a risk of flight or a threat to public order (leavers from prison, arrested, etc.) may be placed under house arrest or placed in detention, under certain conditions.
Finally, foreigners’ litigation (which represents 40% of the activity of administrative courts) is simplified. The number of standard litigation procedures is reduced from 12 to 3. This simplification is inspired by a report from the Council of State on the subject from 2020. The law includes a final title relating to Overseas Territories.
Visa for undocumented migrants
Undocumented workers working in professions in shortage (construction, home help, catering, etc.) may be issued exceptionally, as today, with a “temporary worker” or “employee” residence permit. However, they will no longer be required to go through their employer to apply for this card. They must in particular prove having worked at least 12 months (consecutive or not) over the last 24 months, having resided in France for 3 years, and their integration. The prefects will have discretionary power to grant the title. This measure will be tested until the end of 2026. The government’s initial text went further in terms of work since it provided for the automatic issuance of a “work in shortage occupations” residence permit (under certain conditions), as well as immediate access to work for asylum seekers from countries most at risk (and therefore likely to obtain refugee status).
To meet recruitment needs in hospitals and medico-social establishments, a new 4-year multi-year “talent – medical and pharmacy profession” residence permit has been introduced for the benefit of practicing doctors, dentists, midwives, or pharmacists. graduates from outside the European Union (PADHUE).
“Talent” residence permits intended for qualified employees and project leaders are simplified.
To combat the illegal work of so-called “platform” workers, the law makes access to self-employed status conditional on holding a card authorizing them to work under this status.
Reinforced distancing possibilities
The law is intended to facilitate the removal of foreigners who represent a serious threat to public order. It will allow the expulsion of legal foreigners, even those who have been present for a long time in France or who have personal and family ties there, convicted in particular of crimes or offenses punishable by at least 3 or 5 years in prison, depending on the situation of the foreigner. , or involved in violence against elected officials or public officials. At the same time, the judge will be able to order a ban from French territory more widely (ITF). The law also removes the protections enjoyed by certain irregular foreigners (foreigners who arrived in France before the age of 13, spouses of a French person, etc.) against an obligation to leave French territory (OQTF). The OQTF can only be taken by the prefecture after verification of the right to stay, taking into account in particular certain elements (length of stay and the foreigner’s links with France, etc.). Foreign minors continue to be protected against an OQTF.
Foreigners targeted by an OQ
TF and those who are unable to leave France (for example in the event of war in their country) may be placed under house arrest for a maximum of 3 years (compared to one year today), subject to certain reservations issued by the Constitutional Council.
To facilitate the execution of removal measures, the law makes it possible to condition the granting of visas on the correct issuance of consular passes by foreign states.
The text authorizes the creation of a file of unaccompanied foreign minor offenders. It also excludes young adult foreigners under the age of 21 leaving child welfare and subject to an OQTF from the benefit of a young adult contract (granted by the departments). The ban on placing foreign minors in administrative detention is imposed.
Other measures to combat illegal immigration complete the text: increased repression against smugglers and “sleep merchants”, possible visual inspection of private cars in the “border zone” (and no longer just vans over nine places)…
Expert opinion
According to the immigration expert and founder of visa-guru.com Mr. Umer Rasib, the new changes in the law are superb. The constitutional council has rightly dismissed one-third of the total immigration law articles that will support not only undocumented migrants but also newcomers and those who want to settle in France. Most of the EU countries need nowadays more and more skilled workers, same is true for France. Making relaxations in the tougher law may attract new skilled workers from abroad.