What changes to come in Immigration law ?

Long-awaited amendments

Waiting for a new law, changing the length of residence permit

Elected deputy Matthias FEKL handed over his report with heading « Secure the path of foreign nationals in France » to Prime Minister on May 15th 2013. His propositions will feed into the draft law that Prime Minister should present by summer 2013.

Besides a certain number of suggestions to improve the quality of welcome and facilitate work of Prefectures, the report suggests generalization of long-term (more than one year) residency permits for foreigners with legal status in France.

The starting point for the report is :

• 5 Million visits per year for around 3.7 million of foreigners with a legal status.
• Only 1% of renewal residency permit denied.
• Short length of resident permit is penalizing and contrary to the goal of integration.
• One year resident permits don’t ensure efficiency in the fight against illegal immigration.
• Therefore actual system is not appropriate.

Creation of multi years resident permits would reduce number of visits in Prefecture, avoid desks congestion and enhance the quality of the control.

As a reminder, order of November 2d 1945 provides that :

• 1 year cards are foreseen for temporary residents
• 3 years cards are foreseen for ordinary residents
• 10 years cards are foreseen for favored residents

The goal of the future law should be to get closer to the spirit of this text :

• For foreigners intending to stay : a long term resident permit, then a 10 year resident permit followed by application to French nationality
• For foreigners temporarily resident : length of the resident permit should be equal to the length of the stay

That would allow :

• A more efficient control at the time of the renewal
• Intermediate controls if there are suspicions of fraud or abuse of process (and the resident permit can be withdrawn in that case).

What length for the new long-term resident permit?

Reminder: the 10 year resident permit with mention « long term resident – European Union » is delivered to third countries national after 5 years of residence in France.

Possible solutions are :

• 4 years resident permit delivered after a 1 year visa (valid as a resident permit)
• 3 years resident permit delivered after a 1 year visa and a 1 year resident permit
• 3 years resident permit delivered after a two resident permits valid 1 year
• 3 years resident permit delivered after a 2 years resident permit

*NB: Change of status

If the suggestions of the report are followed, all foreign nationals, including students, resident in France for 2 years shall be granted the 4 years resident permit even if the purpose of the stay change.

Foreign students in France would not have to leave France after their studies and could get into the French labor market more easily.

Waiting for new provisions applicable to foreign students?

The General Secretariat for Immigration and Integration presented to the Senate a preparatory document entitled « Data about professional and student migrations ». Then on April 24th 2013, a debate without vote took place at the Senate.

Mrs Geneviève FIORASO, Minister for Higher Education and Research indicated to be in favor of :

• Temporary authorization to stay, valid 1 year – instead of 6 months actually.
• Generalization of long term resident permit.
• Creation of a « single point of contact » that would help students in their immigration processes.

Mr Manuel Valls, Ministy of the Interior confirmed :

• that should be issued soon a governmental circular implementing the above suggestions.
• that a draft law is in preparation in order to generalize long term resident permits, improve welcoming in Prefecture and rebuild the resident permits.