After difficult negotiations, the immigration law was definitively adopted on Tuesday December 19 by the Senate and the National Assembly. The text, largely hardened, was castigated by the left, welcomed by the far right and aroused unease within the majority.
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Here are the key measures of immigration bill voted on Tuesday evening by the Parliament in France, following an agreement reached between deputies and senators in a joint committee.
Social Security benefits
The question of a minimum period of residence in France so that non-European foreigners in a legal situation can receive social benefits almost derailed the negotiations. While the right demanded a period of five years to open the right to a broad list of benefits “ non-contributory “, the compromise sealed Tuesday is based on a distinction between foreigners according to whether or not they are ” in employment “.
For certain social benefits, a period of five years is thus provided for those who do not work, but of thirty months for others. For access to Personalized Housing Assistance (APL), financial assistance intended to reduce the amount of rent, which constituted the main sticking point, a residence condition is set at five years for those who do not work , and only three months for the others. These new restrictions do not apply to international students. Refugees or holders of a resident card are also excluded from all these measures.
Regularization of undocumented immigrants
The majority resigned itself to a more restrictive version than that of the initial bill, giving prefects discretionary power to regularize undocumented workers in so-called shortage occupations.
This will be a one-year residence permit, issued on a case-by-case basis, provided that you have resided in France for at least three years and have been employed for at least 12 months out of the last 24. This “experiment” will only apply until the end of 2026.
The presidential camp was only successful on one point: the possibility for an undocumented worker to request this residence permit without the approval of their employer.
Migration quotas
The establishment of “ quotas » set by Parliament to cap “ for the next three years » the number of foreigners admitted to the territory (excluding asylum seekers) is considered unconstitutional by the presidential camp. But the latter still agreed to include this measure, as well as the holding of an annual debate on immigration in Parliament.
Loss of nationality, land law
The presidential majority also ended up agreeing to the forfeiture of nationality for dual nationals convicted of intentional homicide against any person holding public authority.
Concerning the law of the soil, it conceded the end of the automaticity of obtaining French nationality at the age of majority for people born in France of foreign parents: it will now be necessary for foreign people to apply for it between 16 and 18 years old.
Another restriction obtained by the right: in the event of conviction for crimes, any naturalization of a foreign person born in France would become impossible.
Illegal residence offense
The reinstatement of the “crime of illegal residence” was described as useless by the presidential camp. But the measure, accompanied by a fine without imprisonment, was retained.
Administrative detention centers
Despite the reluctance of the right, the ban on placing minor foreigners in detention appears in the final compromise.
Family reunion
The tightening of the conditions for family reunification voted by the Senate is mainly found in the final text, with in particular a length of stay for the applicant increased to 24 months (compared to 18), the need for resources “stable, regular and sufficient » and have health insurance, as well as a spouse’s minimum age of 21 (and over 18).
Deposits for students
The right has obtained the establishment, except in certain specific cases, of a deposit to be deposited by foreigners requesting a “student” residence permit, aimed at covering the cost of possible “removal costs”. The Macronists had, however, fought this measure, which in their eyes constituted “a breach of equality” between students and risked weakening international students.
State medical aid
The abolition of State Medical Aid (AME), intended to allow access to care for people in an irregular situation, was one of the main battlehorses of the right. But the LR agreed to renounce it in this text, with the promise of a reform of the system at the beginning of 2024.
The text of the bill, however, includes a restriction on access to the “sick foreigner” residence permit. Unless there are exceptions, it can only be granted if there is no “ appropriate treatment » in the country of origin. Coverage by health insurance will also be excluded if the applicant has resources deemed sufficient.
(With AFP)