Foreigners nationals: new information on the right to work and reside in France

One decree dated october 26 allows in particular the application of different provisions of the european single permit directive. The aim of this European text is to establish a common set of rights for workers who come from a non-European country and legally reside in a Member State of the EU.

Thus, in France, since October 30, for most applications for residence permits, the decision of the prefect must be taken within 90 days (compared to 4 months ago). This 90-day period may be extended by 30 days if the file is of a particular complexity.

Another development: the period during which a foreigner national cannot change employer, after having received a first work authorization in France, has also been shortened. This period is now 6 months, compared to 12 months previously.

A right of residence retained for foreigner nationals involuntarily deprived of their job

The rights of holders of a temporary worker residence card, employees on fixed-term contracts, are evolving. Now, they may retain their right of residence in the event of involuntary unemployment. However, they must not be unemployed for more than 3 months during the period of validity of their residence card; the maximum possible period of unemployment is 6 months for foreigner workers who, in the course of their previous employment, have been subjected to working conditions relating in particular to trafficking in human beings, forced labor or any situation incompatible with human dignity.

New rights for certain nationals in the event of withdrawal or refusal of renewal of the residence card

The multi-annual residence card ‘talent – european blue card’ is intended in particular for persons holding a diploma attesting to at least 3 years of higher education.

A prefect may refuse the renewal of this residence card or withdraw it from a foreigner national when the latter's employer has not complied with certain of his obligations (failure to comply with his legal obligations in the fields of social security, taxation, workers' rights, etc.).

From now on, when a prefect envisages such an action, he must grant a period of time to the foreigner national so that the latter can look for a new job. This period shall be 6 months from the date of notification of the decision to withdraw or refuse the renewal of the residence card. This period of 6 months may be increased, in line with the remaining period of entitlement to unemployment benefit of the foreigner national.

A remuneration threshold to be respected for posted workers

Another development concerns foreigners nationals wishing to obtain a residence card in the context of intra-group mobility (this refers to the temporary posting, for professional or training purposes, of a foreigners worker to an entity established in France forming part of the company – or group of undertakings – to which the posted worker is linked by an employment contract).

To obtain a residence card bearing the mention « ICT posted employee – intra corporate transfer », ‘ICT mobile posted employee’, ‘ICT trainee’ or ‘ICT mobile trainee’, a foreigner national will have to demonstrate a certain level of annual remuneration. This level of remuneration, which is not yet known, will be determined by a ministerial order. The purpose of that provision is that the holders of those residence cards should be persons with an ‘expert’ or ‘managerial’ profile (those profiles are defined in Article 3 of a european directive of 15 may 2014).