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By Alexandra Demeure 26 July 2024 In France news

France // New requirement for foreigners

Decree No. 2024-811 of July 8, 2024, published on July 16, 2024, introduces a contract of commitment to respect the principles of the Republic for foreigners applying for a residence permit in France. This new regulatory act, applied the day after its publication, follows Law No. 2024-42 of January 26, 2024, which aims to control immigration and improve integration. This law marks a turning point in the management of immigration in France, with significant implications for companies employing foreign workers. Here is an overview of the main aspects of the decree.


Definition


The contract of commitment to respect the principles of the Republic is a formal act that all foreigners must sign to obtain or renew a residence permit in France. By signing this contract, the foreigner commits to respecting the fundamental values of the French Republic, such as:


·    Personal freedom

·    Freedom of expression and conscience

·    Equality between men and women

·    The dignity of the human person

·    The motto and symbols of the Republic

·    The territorial integrity of France

·    Secularism


This contract aims to ensure that foreigners participating in French society adhere to the principles that form its foundation, thereby strengthening social cohesion.


Scope of Application


The contract of commitment applies to any foreigner applying for a residence permit in France, whether for a first application or a renewal. The documents concerned include:


·    APS (Autorisation provisoire de séjour)

·    Temporary residence cards (e.g., Salarié)

·    Pluriannual residence cards (e.g., Salarié, Passeport talent, Vie Privée et familiale, etc.)

·    10-year residence cards


However, some categories of foreigners may have the option to sign the contract, although it is strongly recommended to demonstrate their commitment to the principles of the Republic. This includes:


·    Algerian nationals

·    Tunisian nationals under certain specific categories

·    Moroccan nationals with Salarié status

·    Beneficiaries of temporary protection


Minor applicants for residence permits will need to sign the contract with their legal representative.


Impact on International Mobility


The contract of commitment has a direct impact on international mobility, particularly for companies employing foreign workers. Here is how it influences procedures and practices regarding mobility:


Application and renewal process: Companies must inform and prepare their foreign employees on the new contract requirements before submitting their residence permit applications. This includes providing clear information and training materials on republican principles.


Compliance and monitoring: Companies must establish systems to monitor their employees’ compliance with the commitments made. They must ensure that documents are properly prepared and that employees understand the implications of their commitment.


Training and awareness: It is crucial to organize training for foreign employees on the values and principles of the Republic to ensure successful integration and minimize the risk of non-compliance.


Sanctions


Failure to comply with the commitments made in the contract can result in severe sanctions. Here are the main possible consequences:


Non-renewal or withdrawal of residence: If a foreign employee does not respect the principles of the Republic, their residence permit may not be renewed or may be withdrawn. Authorities can make this decision after an opinion from the residence permit commission, especially in cases of serious or repeated breaches.


Obligation to leave the territory: In cases of significant non-compliance, authorities can order the foreigner to leave French territory and, in some cases, proceed with forced removal.


Considerations for Refugees and Protected Persons: For refugees, beneficiaries of subsidiary protection, or stateless persons, failure to adhere to the principles can be taken into account in maintaining their right to stay, which may influence their status in France.


Conclusion


Decree No. 2024-811 introduces significant requirements for foreigners applying for a residence permit in France. By imposing the signing of a contract of commitment to respect the principles of the Republic, it aims to strengthen the integration of foreigners and social cohesion. Companies must adapt their practices to inform, prepare, and monitor their foreign employees to ensure compliance with this new regulation and avoid potential sanctions.


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