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.
Relaxation of the conditions for obtaining the Interim Authorization to Stay for graduates and other contributions of Decree of August 18 2014 – August 25, 2014
A decree N°2014-921 issued 18 August 2014 by the Ministry of Interior conducts several regulatory changes concerning foreign workers, while the debate on the new bill on Immigration will not resume until this autumn.
France adopts a law to better combat fraud in the framework of posted workers – Aug 5th, 2014
The Act of 10 July 2014 against unfair social competition translates into French law, the Directive of the European Union of 15 May 2014, laying down a set of mechanisms to prevent and punish any violation or circumvention of posting procedures in the European Union.