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Relocation & Co

France is about to implement professionnal immigration quotas

After a one-month parliamentary debate on professional and family immigration, and more generally on French migration policy, the Inter-ministerial Committee communicated on November 6th 2019 its « 20 decisions to improve the immigration, asylum and integration policy ».

These decisions (especially the 8th and the 10th!) give us some information about the future of  professional immigration and family reunification

What is the scope of the economic immigration quotas?

The French government’s proposal to introduce quotas or « quantified targets » for foreign workers is in response to the need to overcome recruitment difficulties in certain sectors of activity.

These open-ended quotas will apply exclusively to professional immigration.

The project also aims to update the list of « short-staffed jobs » for which employers experience recruitment difficulties. The list, established by an order of January 18th 2008, no longer corresponds to the reality of the labor market and must be updated.  

How and when are these open-ended quotas will be established?

A new statistical tool, designed to reliably assess the reality of the French labour market, must be developed. As a result of future discussions between the social partners and the regions, as well as studies carried out by DARES and the Pôle emploi, it will assess each year the skills needs on a sectoral and territorial basis. This will result in quotas for the recruitment of foreign workers, which will be discussed annually from 2020. 

The consular and prefectural authorities will receive proper guidance related to the quotas, so the policy for issuing visas and residence permits should be affected.

What about talent passports?

The Talent Passport policy is unlikely to be impacted for the next 5 years. Indeed, an audit is scheduled for around 2025 to assess France’s needs in terms of rare skills and qualifications. It is only at the end of this process that quantified, multi-year and perhaps sectoral targets for the issuance of talent passports will be set.

What about family reunification?

The open-ended quotas will only concern professional immigration and more specifically “jobs in tension”. Thus, the quotas process will not affect family reunification. This is because the government is considering the issue in terms of skills and not nationality.

As a conclusion, some reforms seem to be emerging in the field of professional immigration and family reunification.  We will keep you informed about the evolution of the situation and we are at your disposal if you need any further information!

SOURCES :

http://www.assemblee-nationale.fr/15/cri/2019-2020/20200012.asp#P1850288

https://www.elysee.fr/admin/upload/default/0001/03/0090173c1bc9aaa87f21995ae3b88a55f1fda3d0.pdf

http://www.rfi.fr/france/20191105-france-va-instaurer-quotas-immigration-economique

https://www.senat.fr/seances/s201910/s20191009/s20191009008.html#orat52

http://www.assemblee-nationale.fr/15/cri/2019-2020/20200012.asp#P1850288

https://www.gouvernement.fr/partage/11224-comite-interministeriel-sur-l-immigration-et-l-integration

https://www.gouvernement.fr/sites/default/files/document/document/2019/11/dossier_de_presse_-_comite_interministeriel_sur_limmigration_et_lintegration_-_06.11.2019.pdf

https://www.gouvernement.fr/sites/default/files/document/document/2019/11/dossier_de_presse_-_comite_interministeriel_sur_limmigration_et_lintegration_-_06.11.2019.pdf

https://www.gouvernement.fr/partage/11224-comite-interministeriel-sur-l-immigration-et-l-integration

https://www.gouvernement.fr/qu-est-ce-qu-un-gouvernement

https://www.linkedin.com/pulse/comment-assurer-lattractivit%C3%A9-de-la-france-par-jeremy-berthoux/

https://www.linkedin.com/pulse/r%C3%A9flexions-sur-lattractivit%C3%A9-de-la-france-jeremy-berthoux/

Catégories
Relocation & Co

BREXIT : British citizens procedure in case of a no deal

As when we published our previous news, Brexit is still highly uncertain in its outcome. Nevertheless, the future of British citizens has been clarified.

On October 17 2019, Brussels and London negotiated a new agreement. However, British MPs rejected the approval timetable which planned an accelerates examination of the deal by the British Parliament and the outcome of Brexit seems deferred again.

However, in order to anticipate a potential “no deal”, the French Government is offering new visibility to British citizens and their family (spouse, children and ascendants).

More specifically, the French Ministry of the Interior issued a press release on October 9th, 2019 announcing the creation of an platform enabling British Citizens and their family already residing in France upon Brexit to apply for a Residence Permit.

In terms of timelines:

British citizens’ right to residency will be maintained for one year following the date of Brexit.

In case of a no deal Brexit on October 31st (although current talks tend towards a further report), these maintained rights will start on November 1st 2019 and end on October 31st 2020. Beyond that date, a Resident Permit will be mandatory for British citizens over 18 (and between 16 and 18 to have the right to work in France).

British citizens will be granted a 6-month period starting on the actual date of Brexit (until April 30th 2020 as of today) to register online.

If a British citizen already holds a Resident Permit in France (including the “carte de resident permanent”), it will need to be exchanged for a new one within one year, starting on Brexit’s actual date. 

In terms of online process:

  • Fill-out the required information : length of previous stay in France, type of status in France
  • Upload the required documents applicable to this status
  • Once the online registration is complete, the applicant will receive an electronic file registration confirmation with a specific ID number
  • The file will then be instructed by the local Prefecture and once the instruction is over, the applicant will be notified for an in-person meeting to provide an ID photo, fingerprints, and pay a tax (the amount is unknown at this stage)
  • The permit is then sent for manufacturing, and the applicant will receive it directly by regular mail

Beware :  this online procedure has been created to anticipate a potential no deal. In case there is a deal, a different process may apply.

Therefore, even in case of a no deal Brexit, procedures seems quite simple. 

Uncertainties however remain regarding the timeline under which the Prefectures will notify in-person meetings.

Political impetus and administrative instructions given to the local Administrations by the Government will help our Immigration Department help you throughout this process!


Sources :

https://contacts-demarches.interieur.gouv.fr/brexit/brexit-demande-titre-sejour/

https://brexit.gouv.fr/sites/brexit/accueil/vous-etes-britannique/droit-au-sejour.htmlhttps://mobile.interieur.gouv.fr/Actualites/Communiques/Lancement-du-service-en-ligne-de-demande-de-titre-de-sejour-a-destination-des-ressortissants-britanniques-installes-en-France

https://mobile.interieur.gouv.fr/Actualites/Communiques/Lancement-du-service-en-ligne-de-demande-de-titre-de-sejour-a-destination-des-ressortissants-britanniques-installes-en-France

Catégories
Relocation & Co

The latest measures about secondment in France

The decree of June 4 2019 applies the law « for the freedom to choose one’s professional future » of September 2018 and pursues a dual aim of maintaining France’s attractiveness while strengthening the fight against illegal work.

More favorable conditions to enhance the appeal

The Decree is part of a desire to simplify procedures in order to make secondment to France more attractive, in particular by simplifying the appointment of the employer’s representative, which is now done directly in the secondment declaration and no longer by a specific document.

In addition, the Decree introduces a certain administrative flexibility, which is favorable to employers.

For example, some activities are exempt from providing a prior declaration of secondment or appointing a representative (artists, sportsmen, apprentices on temporary mobility in a company in France).  In the event of a one-off secondment (« short-term service or one-off event ») or « for its own account », without a contract between the host entity in France and the secondment, the host entity now has 15 days to submit any document required by the Labor Inspectorate.

The same period of 15 days shall be granted to the recipient of the secondment in the event of an inspection to submit his observations to the Labor Inspectorate.

Strenghtened controls to outline a fraud-prone practice 

Secondment remains one of the most fraud-prone procedures. Its monitoring is therefore at the top of the Labor Inspectorate’s priorities for 2019. To remedy this, sanctions for non-compliance are increased.

For example, the obligations on the identification of the parties to the service contract in France have been strengthened since July 1 The new requirements concern greater accuracy of reporting elements (contact details, identity information, etc.)

While a large part of the measures concern the construction sector (the most secondment heavy sector in France), others, which are broader, affect all sectors. The communication prerogatives of Labor Inspectors are thus accentuated, in order to make it easier for them to communicate to third parties (suppliers, customers, administrations) the documents and information acquired during an investigation for illegal work.

The Inspector’s injunction power is also extended to breaches of the rules of secondment.

As from the receipt of the injunction, the payment of the fines is due. In the event of non-payment, a temporary ban (for a maximum of two months) on the use of secondment can apply.

Finally, since July 1 2019, the limitation period for recovery proceedings has been extended to five years from the date of notification of the collection order.

You can contact the Immigration Department of Home Conseil Relocation for your needs around secondment to France.

Catégories
Relocation & Co

Is rent control coming back?

Implemented by the ALUR law in 2015 in Paris and Lille, and then cancelled by the courts in 2017, the rent control system has been put in effect once again in Paris since July 1st, 2019.

A reintroduction made possible by the Elan law and Decree n° 2019-315 of April 12th 2019, which allows cities located in tense areas to apply the system on an experimental basis for a period of five years and on a voluntary basis, on a municipality by municipality basis.

This framework consists in limiting the rents of leases signed as of July 1st 2019 to a maximum range of 20% above a reference rent, fixed by district and depending on the date of construction of the building, the size of the property, and its furnished or unfurnished nature.

Recalcitrant landlords who do not specify the reference rent in the rental contract will incur a fine of up to €5,000 for a natural person and up to €15,000 for a legal entity.

While this measure had proved its effectiveness between 2015 and 2017 by limiting the increase in Parisian rents to 1% (compared to 50% between 2005 and 2015), it was quickly cancelled by the Administrative Courts of Lille on October 17th 2017 and of Paris on November 28th 2017.

The same professional real estate associations (Union des syndicats de l’immobilier and Union nationale de la propriété immobilière being in the forefront) have already attacked the Decree of April 12th 2019 before the Conseil d’Etat on June 12th and intend to intensify their actions against the prefectoral orders fixing the reference values.

It is therefore questionable whether the measure will last and its effect on the property rental market, even if the Relocation Department of Home Conseil Relocation supervises its application.

Catégories
Relocation & Co

Unexpected difficulties for expatriates returning to France in obtaining health coverage

Expatriates of French nationality returning to France as employees have their Social Security rights active and retroactive from their first day of employment.

Problems arise for their spouses and adult children (minor children are directly dependent on the worker’s coverage): since the Protection Universelle Maladie (PUMa – Universal Health Protection) reform, the French Healthcare System Caisse Primaire d’Assurance Maladie (CPAM – Primary Health Insurance Fund) requires that European nationals and French nationals returning from expatriation provide proof of residence for three consecutive months in France in order to be eligible for French Social Security coverage.

Although we systematically advise our clients to take out private insurance covering their family until they are fully affiliated with CPAM, this is a partial solution.

In fact, these coverages do not cover their family members of French nationality because it is impossible for private insurance companies in France to insure a French national before he or she is reintegrated into the general Social Security system.

However, it is possible to avoid this problem, as long as it is anticipated well in advance.

What is the solution to avoid this problem?

Indeed, a solution exists to avoid this problem but it requires addressing the issue of returning to France before leaving on expatriation:

It is essential to contact the Caisse des Français à l’Etranger (CFE –
Fund for French Nationals Abroad) before the expatriation and to take the necessary measures to inform it of the expatriation. The expatriate and his/her family must also declare their departure to the CPAM and return the family’s « Cartes Vitale », to allow the CFE to take over. These elements are also part of the Expatriation Checklist, which precedes any outbound support from Home Conseil Relocation.

for French Nationals Abroad) before the expatriation and to take the necessary measures to inform it of the expatriation. The expatriate and his/her family must also declare their departure to the CPAM and return the family’s « Cartes Vitale », to allow the CFE to take over. These elements are also part of the Expatriation Checklist, which precedes any outbound support from Home Conseil Relocation.

Then, after their return to France, the family must inform the CFE of their return, and request coverage for three months in France until the family can start the process for the reactivation of their Social Security rights.

What if the family has already expatriated and has not informed the CFE?

If the family has not made the necessary arrangements before leaving abroad with the CFE, it is not possible for the spouse or adult children to subscribe to the CFE’s three-month temporary coverage after their return to France.

In this case, the only possible solution to benefit from health coverage during this three-months period is to subscribe to an insurance policy abroad covering the spouse and adult children in France.

Do not hesitate to contact us for more information on these topics!

Sources :

https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=DA8155C2DFE42CE287DA6B92E32324E4.tplgfr42s_1?idArticle=LEGIARTI000033712581&cidTexte=LEGITEXT000006073189&categorieLien=id&dateTexte=

https://www.legifrance.gouv.fr/affichCode.do;jsessionid=DA8155C2DFE42CE287DA6B92E32324E4.tplgfr42s_1?idSectionTA=LEGISCTA000006156079&cidTexte=LEGITEXT000006073189&dateTexte=20190418

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000031663208&categorieLien=id

https://www.legifrance.gouv.fr/affichLoiPreparation.do?idDocument=JORFDOLE000037485357&type=general&typeLoi=proj&legislature=15

Catégories
Relocation & Co

Focus on the “Asylum-Immigration“ law

As explained in a previous piece of news, the so-called « Asylum-Immigration » law had a strong impact on professional immigration procedures. Let’s now delve into its application in order to understand all of its implications.

Indeed, all of its implementing decrees have been published by March 1st, 2019.

Besides the replacement of the Republican Identity Document (Titre d’Identité Républicain – TIR) by the Minor Child Circulation Document (Document de Circulation d’Enfant Mineur – DCEM), erasing any distinction based on the place of birth for foreign minors, our analysis reveals both a positive and negative impact on the different professional immigration statuses:

The increased attractiveness of the Talent Passport status

Until now, this status has imposed the constraint of preventing assignees from travelling outside of France between the expiry of their work visa and the issuance of their Resident Permit.

Since March 1st, 2019, a Provisional Residence Permit (APS), valid for 6 months is automatically issued, pending the issuance of the Resident permit.

Talent Passport holders can therefore now travel as soon as they arrive in France.

The creation of a « gap » for newly graduated students

On the other hand, holders of a student Resident Permit, previously benefiting from the APS issued pending the Change of Status and allowing continuity in their ability to be employed, must now obtain, following their diploma in France, a non-renewable residence permit mentioning « job search or business creation » valid for 12 months.

Administrative delays will therefore hinder the employability of freshly graduated foreign students, leading to a period during which the student may not be able to work, pending the issuance of this Resident Permit.

Nonetheless, this title will also be applicable to students who have obtained a Master’s degree or equivalent in France, have left the country and wish to return within 4 years of obtaining it, even if the question arises as to whether it is appropriate to submit this application to the competent Consulate.

Do not hesitate to contact our Immigration Department for requests concerning these categories of people affected!

Sources :

Article L313-6 du CESEDA

Instruction INTV1906328J of 28 February 2019

Article R311-10 du CESEDA

Catégories
Relocation & Co

Online validation of Long-Stay Visas as Resident Permits

What has changed

On February 18th,  2019, The French Immigration Office (OFII) has launched, a new online registration portal for the holders of Long-Stay Visas to endorse those as residence permit (VLS-TS). This new system allows to register one’s entry online and get a proof of validation of the VLS-TS downloadable immediately.

Once registered, the downloaded certificate allows its holder to travel within the Schengen zone as the visa is deemed endorsed. Previously, this process would take 2-3 months and involved filing the request by regular mail and waiting to be summoned by OFII for the actual endorsement of the visa.

This new system does not eliminate the need for the holder to submit to a medical check visit and immigration trainings (if applicable) organized by OFII. A convocation for both is sent to the holder’s email or postal address.

Who is affected

Holders of the Long-Stay Visas valid as residence permit (VLS-TS) and companies who need their employees to be ready to travel shortly after their arrival in France.

What to expect

The portal currently encounters some technical issues. In particular, the birth country of the visa holder may register incorrectly. The Administration is aware of it and currently working on resolving this issue. Those who encounter such a problem should contact the Administration by email. This issue should be resolved in the coming weeks and the holders will be able to download a new corrected Certificate.

Catégories
Relocation & Co

Brexit: How to secure residence for British citizens in France?

Following our previous news concerning the timing set up by the ordinance of 7th of February 2019, here is our analysis concerning the rules applicable to British citizens according to their situation in France on Brexit day:

1. For all citizens legally residing in France before Brexit: exemption from Residence Permit during the lifetime of the ordinance (Article 1 of the ordinance) provided that they continue to reside in France. As explained in our previous news, this ordinance being subject to a reciprocity clause, this exemption is therefore not necessarily perennial.

2. For British nationals legally residing in France for more than 5 years: automatic grant, without having to present a Long Stay Visa, provided they can prove they have health insurance, of the 10-year « EU long-term resident » card (Article 3).

3. For British citizens legally residing in France for less than 5 years: a distinction must be made between employees on fixed-term contracts, who are entitled to a renewable one-year Residence Permit, and employees on permanent contracts, who are entitled to a renewable four-year Residence Permit (Article 2). These residence permits exempt their holder of a Work Authorization and their employer from verifying the latter with the Administration (Article 8).

4. For spouses (married before Brexit), ascendants and descendants dependent on British nationals, whether they are themselves British (Art. 2, I, 6°) or third countries (II), the multi-year residence permit issued will be of the same duration as that of the principal applicant.

The ordinance also confirmed the maintenance of rights to unemployment insurance and RSA (Article 6) for one year from Brexit and to Social Security (Article 7) for two years.

Finally, this ordinance will be supplemented by a decree setting out the conditions of resources applicable to some of the other possible statuses (« job search, business creation, visitor, entrepreneur, liberal professions »).

Do not hesitate to contact Home Conseil Relocation to assist your population of British nationals working and residing in France, which will therefore be considered as an non-EU population (and thus require Work and Residence permits) starting 30 March 2019!

Sources :

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000038100655&dateTexte=&categorieLien=id

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000038100650&dateTexte=&categorieLien=id%20%20%20%20%20%20%20%20%2030

Catégories
Relocation & Co

No-deal Brexit is fast approaching

As a no-deal Brexit approaches for March 30th, we, at Home Conseil Relocation, are monitoring closely the development of the United Kingdom’s negotiation with the European Union and its consequences in terms of immigration.

Amongst the many implications the situation entails, the first to be impacted by it will be French nationals who have lived in the United Kingdom and are returning to France and the British nationals who are living in France.

The French Government has already taken the first steps to address this situation by laying the groundwork legislation needed in the form of the January 19th, 2019 law entitled « Empowering the Government to take by ordinance the measures to prepare for the withdrawal of the United Kingdom from the European Union ». This piece of legislation will indeed allow the French government to deal with the consequences of Brexit urgently, by ordinance, and without having to go through the whole legislative process.

As of right now, there are five ordinances planned for the following weeks ramping up to March 30th, which will deal with diploma and professional qualification recognition, retirement and social rights for example.

The first of which will deal with the right of entry, residence and employment of British nationals in France and will have an impact on the legal immigration landscape in France.

While the content of the ordinance is not yet known, we will keep you updated on developments on the subject as the orders are issued by the French Government!

 

Sources :

https://www.legifrance.gouv.fr/eli/loi/2019/1/19/EAEX1825542L/jo/texte

https://www.lemonde.fr/politique/article/2018/12/11/la-france-s-organise-pour-faire-face-aux-differents-scenarios-du-brexit_5395547_823448.html

https://www.francetvinfo.fr/monde/europe/la-grande-bretagne-et-l-ue/brexit-la-france-declenche-son-plan-d-urgence_3149549.html

Catégories
Relocation & Co

Tax withholding for newcomers in France

January 1st, 2019 marks the start of a new way for the French Tax Administration (“FISC”) to collect revenue tax (“Impôt sur le Revenu”) in France on a Pay As You Earn basis (“Prélèvement à la source”). The FISC will liaise directly with French employers to apply the appropriate tax rate to withhold the appropriate on each of the employees’ monthly salary based on their personal situation.

This new collection method will have a strong impact on newcomers into France, obviously for foreigners settling in France for the first time but also for French nationals coming back from long expatriations.

Indeed, they are unknown to French Tax Administration as they do not possess a valid French Tax Identification Number (“Numéro d’Inscription au Répertoire”, or NIR).

Indeed, without an NIR, newcomers will not be able to have their tax rate tailored to their personal situation as it evolves (variation of income level change in the number of dependents, etc.). As a consequence, a “non-personalized” tax rate (the highest possible for that revenue bracket) will be applied by default.

In order to mitigate this negative effect on each pay slip, Home Conseil Relocation has anticipated the issue by liaising with the FISC in order to develop a brand new service of Tax Registration for newcomers.

Contact us to learn more about this service and how Home Conseil Relocation can support you and your assignees avoid this problem!

Catégories
Relocation & Co

Home Conseil Relocation hopes that your dreams and aspirations will align in 2019

A new year is upon us and at Home Conseil Relocation we hope that your dreams and aspirations will align in the year to come

A journey of a thousand miles begins with a single step; the first of which is always the hardest as we choose the direction forward.
May the horizon of this new year be filled with passion, energy, and achievement!

Catégories
Relocation & Co

How to avoid the pitfalls of renting under a trial period in France

Finding an accommodation in France is not easy, especially in Paris and its suburb with an extremely tense real estate.

Employees under a trial period face the issue all the more so if the owner has decided to subscribe to a ”GLI – Garantie de Loyers Impayés” (an insurance on unpaid rent).

 

 

In France and especially in Paris, more and more landlords/lessors opt for this insurance. For a monthly fee equal to 3% to 6% of the monthly rent, the GLI protects property owners against the risk of unpaid or overdue rent. Many real estate agencies negotiate group rates and resell this insurance to their own customers, which make them the main decision-maker.

To measure the risk of unpaid/overdue rent, strict criteria are defined and they are not negotiable. Among those, the future tenant should have a net salary of 3 times the amount of the rent (including rental charges) and be under a confirmed permanent contract.

Consequently, any employee under a trial period is not a suitable candidate and files of applicants under a trial period are automatically rejected.

 

This leads to a high number of inaccessible properties to foreign or newly hired employees and although we screen the properties that will be presented to you, the presence of a GLI is not always advertised or even known by the person putting the property on the market.

 

When no GLI is subscribed to on a property, the following options can facilitate the situation:

  • The physical guarantor: To counterbalance the trial period a physical guarantor is the go-to solution. The guarantor must be based in France and have French income corresponding to a minimum of 3 times the rent concerned. Therefore, it is often difficult for a foreign employee to have a physical guarantor.
  • The bank guarantee: A bank guarantee (equivalent to 3 months up to 1 year worth of rents, depending on the lessors/landlords’ instructions) is another solution. This option is quite expensive because it leads to a high amount of money frozen on a bank account as well as additional banking fees and account maintenance fees to be paid by the tenant.
  • The Visale guarantee: The Garantie Visale is a free of charge governmental service that offers to be the guarantor when renters have no French physical guarantor. This guarantee is subject to conditional access. Unfortunately, few agencies and landlords agree to use this guarantee so far as it is still quite novel.
  •  The inverted GLI: Very recently, private insurance brokers created the GLI inverse or inverted GLI. The tenant pays between 3 and 6% per month of his rent to a private insurance company, which guarantees the loss of rent for the owner. This option is quite expensive for the tenant and is not well known nor widely accepted by the lessors as it is quite new as well.

 

All our Relocation Team is available to discuss the best way to make sure your assignees find the property that fit them best!