
Photo: international.business
The changes primarily affect nationals of non-EU countries who are working or intend to work in France. They have been adopted as part of the process of adapting French legislation to the new European rules on a single residence and work permit.
According to the Service Public portal, one of the main changes concerns foreign workers holding a temporary residence permit under the ‘temporary worker’ category. If a person loses their job through no fault of their own, their residence permit cannot be revoked until the period of unemployment exceeds three months during the validity period of the permit. If they find a new employer during this time, they will be able to remain in France whilst their new work permit is being processed. For workers who have been subjected to forced labour, human trafficking or other particularly serious breaches of working conditions, this period is extended by a further three months.
How the ‘Blue Card’ conditions have changed
Specific safeguards are in place for holders of the ‘EU Blue Card’ – a residence and work permit for highly skilled professionals. If the French authorities intend to refuse to renew the card or revoke it due to an employer’s breach of labour legislation, the foreign national must be granted six months to find new employment. This period may be extended by the duration of any remaining entitlement to unemployment benefit.
The conditions governing the validity of the ‘Blue Card’ have also changed. If the employment contract is for less than two years, the card will be issued for the duration of the contract plus three months, but for a maximum of two years. For contracts lasting two years or more, the document is issued for the duration of the contract, but for no more than four years.
The process for skilled professionals to move within the European Union has also been simplified. A foreign national holding a ‘Blue Card’ issued by another EU Member State can now apply for a French Blue Card after 12 months of residence and work in France, instead of the previous 18 months. For subsequent moves within the European Union, the required period is reduced to six months.
Decision-making deadlines – 90 days
France has also speeded up the processing of most applications for residence permits. A decision on a complete set of documents must now be made within 90 days, rather than the previous four months. In complex cases, this period may be extended by a further 30 days. If no response is received within 90 days, the application is deemed to have been rejected.
Furthermore, foreign workers are now permitted to change employers sooner after receiving their first work permit. The restriction period has been reduced from 12 to six months. An exception is provided, in particular, for cases where the employer has seriously breached the terms of the employment relationship.
The new requirements will also affect employees transferred to France within multinational companies, as well as trainees on intra-company transfer programmes. A minimum annual salary threshold will be set for them to obtain the relevant types of residence permits. The specific amounts have not yet been determined: these are to be set by a separate ministerial decree. Until this is adopted, the previous remuneration requirements remain in force, including the provisions of sectoral collective agreements.
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