The French government has issued a decree, issued for the implementation of Ordinance No. 2019-76 of 6 February 2019, which specifies the conditions for issuing residence permits to British nationals in order to continue their stay in France after the Brexit date, in the event of no exit agreement being reached between the United Kingdom and the European Union.
The last provisions of the law of 10 September 2018 on residence and integration entered into force on 1 March 2019. Six orders, a circular and three decrees have been issued to date concerning the application of these provisions.
The French government published an order which determines the right of UK nationals continuing to stay in France after the Brexit date of 29 March 2019, in the most probable event of no exit agreement being reached between the UK and the EU. Such UK nationals will be allowed three to twelve months to acquire permanent residency if they have been in France for 5 years or more on 30 March 2019, or acquire the appropriate permit to stay, if they have been in France on such day for less than 5 years.
This Decree simplifies the formalities related to the validation of the long stay visa equivalent to a residence permit (VLS-TS) following the arrival in France of a foreign citizen by setting up a paperless visa validation process. This formality will be applicable to the validation of all VLS-TS, but does not replace the medical appointment and the signature of the Republican Integration Contract which are required in some cases.
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.