FRANCE - Regulations Published
Implementing Certain Provisions of 2006 Immigration Act
04/26/2007
by Fragomen, Del Rey,
Bernsen & Loewy, LLP.
Background
The Immigration Act of July 24, 2006 (known as "Loi
Sarkozy II") amended The French Code on
Immigration and Asylum and included several new provisions for foreign nationals
working, living, and/or studying in France. Please see our
September 21, 2006 Client Alert
for a summary of key provisions. Many of the provisions were made dependent on
the publication of implementing decrees (décrets
d'application) and were not immediately
effective. On March 21, 2007, several decrees were published implementing many
provisions of the new Act. Most notably, the decrees govern 1) nationals of the
European Economic Area (EEA: European Union/EU countries plus Norway, Iceland
and Liechtenstein) and Switzerland and their family members travelling to and
residing in France, and 2) the requirements for, and procedure to obtain, the
new "Skills and Talents" combined residence and work permit.
Decrees implementing the other provisions outlined in our September 21, 2006
Alert (e.g., the 3-year combined residence and work permit for intra-company
transferees, the residence permit for third country nationals, and provisions
for students, trainees, and self-employed persons) have not yet been published.
EEA/Swiss Nationals and their Family Members
One decree addresses various matters pertaining to EEA and Swiss nationals and
their accompanying family members, as outlined below. This new regulation
replaces all earlier decrees regarding the entry and residence of EU nationals
and their family members in France.
a) Short-Term
Residence Permits (Cartes
de séjour)
EEA and Swiss nationals, with the exception of nationals of the 10 Eastern
European EU accession countries, are not required to hold a short-term residence
permit. Nationals of the 10 Eastern European EU accession countries are required
to obtain a residence permit for stays exceeding 90 days and if they will
conduct professional activity in France. All accompanying family members of EEA/Swiss
nationals who are not also EEA/Swiss nationals must obtain a residence permit
for stays exceeding 90 days.
Short-term residence permits will no longer be issued for periods of more than
five years—10-year permits will no longer be issued.
b) Registration
Requirement
EEA/Swiss nationals "who wish to establish their
habitual residence in France" are now required
to register at their local town hall. All EEA/Swiss nationals who will stay in
France for more than 90 days must register at the town hall for their place of
residence in France within 90 days of arrival, under penalty of a fine. This
requirement does not apply to EEA/Swiss nationals already resident in France
before the issuance of the decree—only to those arriving in France after March
21, 2007 for a stay of 90 days or more.
c)
Long-Term/Permanent Residence
After five years of uninterrupted legal residence in France (or less in the
event of retirement or disability), EEA/Swiss nationals may be eligible for
unconditional permanent residence in France and an EC long-term residence permit
(carte de séjour "communauté européene").
The long-term residence permit will be marked "CE
– séjour permanent – toutes activités professionnelles"
("CE – permanent stay – all professional activities"), and will be valid for 20
years and automatically renewable. Family members of EEA/Swiss nationals who are
not also EEA/Swiss nationals may apply for a long-term residence permit after
5-years of uninterrupted legal residence with
the EEA/Swiss national. They will be issued a permit valid for 10 years.
Note: Nationals
of the 10 Eastern European EU accession countries and their families may be
eligible for a long-term residence permit, but will continue to need work
authorization until the end of the transitional restriction period (a maximum of
7 years from the date of accession to the EU).
"Compétences et
Talents" ("Skills and Talents") Combined Work
and Residence Permit
This combined work and residence permit, valid
for 3 years, will be issued to foreign nationals who
"are likely to participate, due to their skills and
talents, in a significant and lasting manner, in economic development or
intellectual, scientific, cultural, or humanitarian expansion of France and the
country of which he/she is the national".
The permit will be issued by the Ministry of Interior based on criteria defined
each year by a National Commission on Skills and Talents. However, this
Commission has not yet been created, and the criteria have not yet been defined.
The foreign national must submit an application including a professional plan
and supporting documents evidencing that he/she meets the above standard and
possesses the relevant skills and talents to carry out the plan. The permit will
allow its holder to conduct professional activity in accordance with the
professional plan set forth in the application.
The permit is renewable indefinitely. However, nationals of certain
"economically sensitive" countries must return to their home country within six
years of permit issuance. Countries that benefit from French public aid for
development in the fields of institutions, society and economy are considered
"economically sensitive" and are listed in decree n° 98-66 of February 4,1998.
The permit may be cancelled if the holder ceases to fill the conditions of its
issuance.
Accompanying family members of "Skills and Talents" permit holders
will qualify for a "Private and
Family Life" residence permit, which is valid for one year, is renewable, and
allows the holder to work.
Fragomen will continue to monitor the issuance of decrees implementing
additional provisions of the Immigration Act of 2006 and issue updates as
needed.
In preparing this article, Fragomen has worked
closely with Karl Waheed Cabinet D'Avocats (Paris). The content herein is
provided for informational purposes only.
If you have any questions, please do not hesitate to contact the global
immigration professional with whom you work at Fragomen Global Immigration
Services or send an email to the appropriate regional mailbox:
canada@fragomen.com,
lar@fragomen.com
(for Latin America),
asiapac@fragomen.com,
or
emea@fragomen.com.
Source:
http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/75ddc6059ca615c4852572c9006d1765?OpenDocument
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