France's New Immigration Law
9th Jan 2024
The French parliament have adopted a new law on immigration, but many clauses are unlikely to see the light of day.
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France's New Immigration Law
8th Jan 2024
The French parliament have adopted a new law on immigration, but many clauses are unlikely to see the light of day.
After over 2 years of deliberation, a new law “to control immigration and improve integration”, promised by Emmanuel Macron during his 2022 campaign, was finally passed on the cusp of the festive season.
The problem for the President has been that he has lacked a parliamentary majority, and his own party are divided over the issue, so the debate has been interminable one, as the government sought to obtain a consensus to see the measure through.
The initial text proposed by the government contained a modest 26 clauses, but by the time it had completed its passage through the Senate (the French Upper House), the proposals had been considerably stiffened, and an additional 60 clauses added.
On its return to the National Assembly (Lower House) the revised bill did not survive a hearing, as an unholy alliance of left and right-wing opposition parties rejected it outright.
In desperation, the government established a joint parliamentary committee of the Senate and the National Assembly to come up with a compromise solution. However, the majority right-wing members on the committee came back to the Assembly with much the same proposals.
When it came to the Assembly for the final vote, it passed, with around 30 members of the majority party abstaining and the main right wing opposition parties voting in favour.
Nevertheless, that is not the end of the story, for all new laws must be validated by the Constitutional Council, who have the last word on whether the law can be applied.
After the vote, the Minister of the Interior, Gérald Darmanin, stated that “The measures are manifestly contrary to the constitution. The Constitutional Council will do its job”.
Similar sentiments were expressed by the Prime Minister Élisabeth Borne, and Sacha Houlié (the chair of the Assembly's legal committee, whose members had earlier thrown out most of the amendments proposed by the Senate) considered that at least 30 of the clauses were unconstitutional and would not be accepted by the Constitutional Council.
Several leading legal academics in France have also commented on the new law, claiming that in many areas it infringes the principal of equality before the law as some measures are 'excessive' and discriminatory.
The French Ombudsman, Claire Hédon, has also commented that the law is "a serious attack on the principles of equality and non-discrimination, the bedrock of our Republic."
Other critics point out that the Constitution forbids amendments to a proposed law that do not comply with the objectives set by the government. Such amendments, deemed ‘cavaliers législatifs’, could be struck down by the Constitutional Council.
The measures in the new law likely to be of greatest interest to readers are set out below. Despite the furore created in France, by the standards of the immigration policies of many other countries in Europe, the proposed law remains comparatively generous.
Annual Immigration Quotas
A measure not proposed by the government, but finally adopted in law was a requirement for the French Parliament to fix the number of immigrants who would be admitted to the country each year with permission to remain as residents.
Access to Social Benefits
Once again, the initial law contained no measure proposed by the government, but the final law increases the minimum residency requirement for access to certain social benefits from the existing 6 months to 5 years, except for those in employment, who would have access after 30 months. The main supplementary benefit Revenu de Solidarité Active (RSA) is already conditional on 5 years legal residence.
Residence Permits for Illegal Immigrants
The initial bill proposed granting residence permits to illegal immigrants employed in sectors and areas of labour shortage. The final law strictly limits this to being on an ‘exceptional’ basis, and only provided the applicant is able to demonstrate successful integration. The applicant must also justify at least 12 months employment in France over the previous 24 months and to have been resident for at least 3 years.
Foreign Students
An obligation for foreign students to provide a refundable deposit and demonstrate each year that they are proceeding assiduously with their studies.
Health Cover for Illegal Immigrants
The Senate proposed, against the wishes of the government to restrict drastically health cover for illegal immigrants under the Aide Médicale d’Etat (AME) scheme. The proposal was finally withdrawn when the government agreed that a reform of the scheme would be undertaken this year.
Obtaining French Nationality
Despite the proposals by the Senate for a substantial toughening of the law, in the end the only change was to require that children of foreign parents, between the ages of 16 and 18 years, to express their desire to obtain French nationality. Previously, there was no such restriction; an automatic right applied in such cases.
Residence Permit for Family Members
The minimum residence period required for a foreign national resident in France before they can apply for a residence permit for a spouse or children is increased from 18 months to 24 months. In addition, the family must have sufficient stable and regular income, health cover and accommodation. There is also a requirement for elementary French language competence. For spouses, they must be aged at least 21 years of age, not 18 years, as is currently the case. These changes were not in the initial bill proposed by the government, but in large measure they are cosmetic or merely restate existing law.
Illegal Residence
The law makes it a criminal offence to reside in France illegally, with a sanction of €3,750 for illegal residence, as well as a ban on re-entering the country for a period of 3 years.
Deportation of Criminal Offenders
Long-term foreign residents who have committed a violent crime or who have been sentenced to 5 years in prison may be deported. The new law also provides that certain categories of foreign residents previously protected from deportation (including EU citizens) no longer have that protection if they constitute a ‘menace to public order’.
Visas for Second Home Owners
In an amendment introduced by a senator, the new law provides that long-term visas will be issued ‘automatically’ to British nationals who own a second home in France. Just how this will operate will be specified by the French administrative court, the Conseil d'Etat. The lack of precision of the clause and that fact that it discriminates between foreigners without any clear overriding public interest does put it at peril of being struck out. It may also constitute a ‘cavalier législatif’ and ruled inadmissible on that basis.
Language Test for a Multi-Year Residence Permit
A language test will now become compulsory to get a multi-year residence permit. Currently, although in law applicants must have language competence, the only requirement is to take language training. The test will not apply to those seeking a visa to enter France, or to existing residents with multi-year permits. Currently, the competence required is the entry level A1 standard of the 'Common European Framework of References for Languages (CEFR)'. The new law is a little ambiguous on this point, but a government website states that the new level is A2 of the CEFR, still an elementary level. According to the government website, the minimal level of language competence required for a carte de résident and for French naturalisation also rises from B1 to B2. You can read more about the issue of language competence at French Residence Permit Language Test.