Focus on the “Asylum-Immigration“ law
As explained in a previous piece of news, the so-called « Asylum-Immigration » law had a strong impact on professional immigration procedures. Let’s now delve into its application in order to understand all of its implications.
Indeed, all of its implementing decrees have been published by March 1st, 2019.
Besides the replacement of the Republican Identity Document (Titre d’Identité Républicain – TIR) by the Minor Child Circulation Document (Document de Circulation d’Enfant Mineur – DCEM), erasing any distinction based on the place of birth for foreign minors, our analysis reveals both a positive and negative impact on the different professional immigration statuses:
The increased attractiveness of the Talent Passport status
Until now, this status has imposed the constraint of preventing assignees from travelling outside of France between the expiry of their work visa and the issuance of their Resident Permit.
Since March 1st, 2019, a Provisional Residence Permit (APS), valid for 6 months is automatically issued, pending the issuance of the Resident permit.
Talent Passport holders can therefore now travel as soon as they arrive in France.
The creation of a « gap » for newly graduated students
On the other hand, holders of a student Resident Permit, previously benefiting from the APS issued pending the Change of Status and allowing continuity in their ability to be employed, must now obtain, following their diploma in France, a non-renewable residence permit mentioning « job search or business creation » valid for 12 months.
Administrative delays will therefore hinder the employability of freshly graduated foreign students, leading to a period during which the student may not be able to work, pending the issuance of this Resident Permit.
Nonetheless, this title will also be applicable to students who have obtained a Master’s degree or equivalent in France, have left the country and wish to return within 4 years of obtaining it, even if the question arises as to whether it is appropriate to submit this application to the competent Consulate.
Do not hesitate to contact our Immigration Department for requests concerning these categories of people affected!
SOURCES
- Article L313-6 du CESEDA
- Instruction INTV1906328J du 28 février 2019
- Article R311-10 du CESEDA
