Immigration News November 2026

Further to the recent changes in the French immigration landscape discussed in our October newsletter, Decree No. 2026-1001 of 26 October 2026, published in the Official Journal on 29 October 2026 and effective as of 30 October 2026, introduces several changes to the rules of residence and work of foreign nationals in France.

The key changes are outlined below:

1. Intra-company transfers (ICT): introduction of a minimum salary threshold

The decree introduces a new salary requirement for the issuance of the following resident permits:

• “ICT Employee” and “Mobile ICT Employee”;
• “ICT Trainee” and “Mobile ICT Trainee”.

Applicants will be required to demonstrate that their gross annual salary is at least equal to the reference average gross annual salary, the amount of which will be set by ministerial order.

This change aims to ensure that these schemes are reserved for managerial and expert-level profiles, in line with the requirements of the EU Directive applicable to the intra-company transfers.

2. EU Blue Card: more flexible mobility and residence conditions

Several provisions have been introduced to facilitate the mobility and residence of highly qualified workers holding an “Talent – EU Blue Card” immigration status, in addition to the measures already transposed and covered by our previous newsletter.

Faster mobility within the EU

The minimum period of legal residence in a first EU Member State required before applying for an EU Blue Card in another Member State has been reduced from 18 to 12 months. For subsequent mobility within the EU, this period is reduced to 6 months.

Residence permit validity aligned with the duration of the employment contract

The validity period of the EU Blue Card will now depend on the duration of the employment contract:

• For employment contracts lasting at least two years: the residence permit will be valid for the same period as the contract, up to a maximum of four years.
• For employment contracts lasting less than two years: the residence permit will be valid for the duration of the contract plus three months, up to a maximum of two years.

Time to find new employment in the event of an employer's failure to meet its legal obligations

Where the renewal of an EU Blue Card is refused, or the permit is withdrawn due to the employer's failure to comply with its legal obligations, the holder will be granted six months to seek new employment.

This period may be extended until the expiry of the individual's unemployment benefit entitlement, where applicable, if that date falls later. During this period, the holder's right to remain in France is maintained, and they will be issued with a document confirming their right to residence and work.

Simplified renewal conditions for family members

Family members of EU Blue Card holders may benefit from more flexible renewal conditions if they can demonstrate five years of continuous and lawful residence across several EU Member States, including the last two years in France.

3. Employees posted by UK-based employers: exemption from work permit requirements subject to conditions

The decree introduces a new exemption from the work permit requirement for certain non-EU nationals employed by a company established in the United Kingdom and temporarily posted to France to provide contractual services.

This exemption is subject to several cumulative conditions:

• The employee must work regularly and habitually for the UK-based employer;
• They must have provided the same type of services as an employee of that employer for at least one year immediately preceding their application to enter France;
• The total duration of the posting must not exceed 12 months;
• They must have at least 3 years of professional experience in the relevant sector, a university degree or equivalent qualification, as well as any professional qualifications legally required to carry out the activity concerned.

Finally, the services must fall within a sector of activity to be specified by ministerial order.

4. Shorter processing times and enhanced rights for foreign employees

Reduced timeline for residence permit applications instruction

The administrative decision-making period for most residence permit applications has been reduced from 4 months to 90 days from the submission of a complete application. An additional 30 days may be granted for particularly complex cases, provided that the applicant is informed accordingly.

Greater flexibility when changing employers and better protection in the event of involuntary unemployment

The period during which termination of an employment contract may constitute grounds for refusing the first renewal of a work permit under the “Employee” or “Temporary Worker” categories has been reduced from 12 to 6 months following the employee's hiring, in accordance with the revised wording of Article R. 5221-36 of the French Labour Code.

This restriction does not apply where the change of employer results from a serious breach of the employment relationship by the employer or from involuntary unemployment.

In the latter case, holders of a temporary residence permit bearing the “Temporary Worker” designation retain their right to stay in France for a total period of up to 3 months during the validity of their residence permit. This period may be extended by a further 3 months in certain particularly serious circumstances (e.g. human trafficking or situations involving vulnerability).

Our Immigration team is available to assist you with the implementation of these new rules, please don’t hesitate to contact us for further information or support!

Sources (in French):

Décret n° 2026-1001 du 26 octobre 2026

Actualité Service Public du 6 novembre 2026