Immigration: what to look for in 2014?

In addition to the new status for Romanian and Bulgarian nationals and minor changes with OFII tax regulation, a huge legislative workload is initiated for 2014.

• With Finance Law for 2014, amount of taxes to pay for issuance of a first resident permit, its renewal or its duplicate is not changed.

But in virtue of Article 52 of this same law, students or trainees whose change of status is approved by French authorities, will pay the amount foreseen for a renewal.

Indeed, is removed second subparagraph of B in Article L. 311-13 of Code of Entry and Stay for Foreign nationals (CESEDA) which provides to pay the amount for the first issuance of a resident permit.

• By Ministerial order of December 12, 2013 which takes effect on January 1st, 2014, France has officially ended transitional provisions for Romanian and Bulgarian nationals.

Now, Ministerial order of January 18, 2008 on issuance of work permit, regardless of the job market status, concerns only Croatian nationals.

As a reminder, annexed to this 2008 Ministerial Order, is a list of 291 jobs for which it is not necessary to make a job market test before applying for a work permit in order to hire an employee.

• The 9th of December 2013 the EU’s Council of Employment and Social Policy Ministers agreed on a ‘general approach’ on the proposal for a Directive on the enforcement of the posting of workers (Directive 96/71/CE).
• With respect to administrative requirements and national control measures, one of the most important elements of the proposal, the text agreed by Council strikes a balance between the necessity of guaranteeing legal certainty and transparency for service providers, while acknowledging Member States’ competence.
  • The list of required documents to the companies in case of a control will remain open
  • France will publish a national law listing the required documents for posted workers in France
  • The Commission and the other Member States will have to be informed of the required documents
• With respect to the protection of workers’ rights in direct subcontracting relationships, the text agreed by Council recognizes the importance of liability of the contractor in this respect, while allowing Member States some flexibility to uphold the necessary appropriate measures, thus respecting the different social models and industrial relations systems existing in EU countries.
  • Liability of  the contractors in the construction in public work sector to their subcontractors
  • Joint liability  of the contractors can be engaged

This agreement supports the plan to fight against illegal work and the abuse of posting of workers in France.

In parallel to the European Directive to be examined by the European Parliament, a draft law has also been submitted by to French deputies to the French National Assembly.

At the same time, Inspection services within the Labor Authorities are being reinforced.

To be continued…

• To come: On the 15th of May, 2013, a report on Immigration in France was handed over to Prime Minister and was supposed to be followed by a draft law for summer 2013. The bill from Interior Minister will finally be presented to Parliament after municipal elections.