The new law on “controlled immigration” improves the reception of international talent, but makes intra-group mobility stricter

The law on “controlled immigration, effective right of asylum and successful integration” of 10 September 2018 was published in the Official Journal of the French Republic on 11 September 2018. This law introduces a number of measures impacting Professional Immigration that will come into force on a date set by decree by the State Council no later than 1 March 2019.

The conditions for intra-group mobility are tightened considerably

Provisions concerning “seconded ICT employees” and “ICT trainees”

  • Employee seconded to France within the framework of a mission or an internship must now have at least six months seniority in the group company that employs him/her, whereas before, only three months were required to be able to transfer him/her to a group company in France
  • A six-month waiting period must be observed between two temporary intra-group transfers. Thus, France chose the longest waiting period between two assignments

Students and researchers: creation of new residence permits favouring the reception of talents

The “Student Mobility Program” and the “Talent Passport – Researcher Mobility Program”

These permits are intended for students and researchers in EU programs, those in multilateral programs involving mobility measures in one or more EU Member State, or those studying/researching under an agreement between two higher education institutions. These new statuses are intended to promote mobility within the European Union.

“Job Search or Business Creation” replaces the Provisional Residence Authorization (APS)

This residence permit is intended for students and researchers. It is issued for a maximum of 12 months and allows the holder to look for a job and/or start a business.

The issuance of this residence permit may be requested within a period of four years from graduation in France.

Family members

Reduction of the validity period of movement documents for minors

The validity of the movement document for minors, currently issued for a period of five years, may be limited to the expiry date of the parents’ residence permit.

Extending the concept of family

In the context of the “Passport Talent” and “Seconded ICT Employee” residence permits, the concept of family is extended to the couple’s children. In the past, only the children of the principal applicant had access to the favourable family plan.

Fatia Bouteiller

Fatia Bouteiller joined Deloitte Société d’Avocats in 2017 to strengthen the Immigration team. She has 15 years of international mobility experience in the areas of immigration, expatriation and social security […]

Aude Barrans

Manager within the International Mobility team, specializing in social security and immigration issues, Aude Barrans advises companies on a daily basis in the context of professional immigration of their foreign […]

Sophie Carlei

Sophie joined Deloitte in 2007. She is part of the GES team where she is in charge of the immigration practice. Previously Sophie worked at Ernst & Young as an […]

Stéphanie Porte

Stéphanie holds a diploma as a trilingual secretary and speaks French and English. After 5 years as a personal assistant for a tax Partner, she joined, in 2007, the immigration […]