FRANCE - Delayed Implementation of
Employment Provisions of July 24, 2006 Immigration Act
By
Fragomen, Del Rey, Bernsen & Loewy, LLP.
03/16/2007
Background
The Immigration Act of July 24, 2006 amended The French Code on Immigration and
Asylum and included several new provisions for foreign nationals working,
living, and/or studying in France. (Please see our
September 21, 2006 Client Alert
for a description of key provisions of the Act). The implementation of these
provisions depends on the publication of decrees (décrets
d'application), which was expected at the
beginning of 2007.
Implementation of Employment Provisions Delayed
Publication of implementing decrees for the provisions of the new Act relating
to the employment of foreign nationals has been delayed until at least the end
of March 2007. As a result, provisions related to students seeking employment,
trainees, and the new 3-year "Employees on Assignment" combined work and
residence permit for intra-company transferees are not yet in effect. The
provisions related to EU nationals and the Long-Term Residence Permit for Third
Country Nationals are also not yet effective.
"Welcome and Integration Contract" Provision
Implemented
An implementing decree for the "Welcome and Integration Contract" (contrat
d'accueil et d'intégration) created by the Act
was recently published. According to the decree, the ANAEM (the government
office that organizes medical exams for new immigrants) may ask foreign
nationals coming to France indefinitely
to sign this contract with the French Republic during the immigration process.
Foreign nationals who sign the contract may be required to take basic French
language training, and attend sessions about French institutions and values, and
access to public services (education, health services, housing, etc). Foreign
nationals may postpone signing the contract until later in their stay or not
sign at all. However, there are benefits to signing, such as 200 hours of free
French language instruction, that may be forfeited if the foreign national
postpones signing the contract.
Fragomen continues to monitor the publication of implementing decrees and will
issue updates as necessary.
In preparing this article, Fragomen has worked
closely with Karl Waheed Cabinet D'Avocats (Paris). The content of this alert is
provided for informational purposes only.
If you have any questions, please do not hesitate to contact the global
immigration professional with whom you work at Fragomen Global Immigration
Services, or send an email to the appropriate regional mailbox:
canada@fragomen.com,
lar@fragomen.com
(for Latin America), asiapac@fragomen.com,
or emea@fragomen.com
(for Europe, Middle East and Africa).
Source:
http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/fa8fbd858e607fa8852572a0005d7ef1?OpenDocument
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