Working and Living in France

It is very difficult for foreigners forced to expatriate for economic reasons to enter and then work in France. For years, France's government has been limiting legal immigration and has reinforced its fight against illegal immigration. The right to asylum comes from the Geneva Convention (28 July 1951).

Entry regulations

A foreign national wishing to enter France has to have a valid passport, a visa (if required), and on documentary evidence of: accommodation, the purpose of stay, the conditions of stay, the means of living, a guarantee of repatriation as well as medical and hospital coverage. However, even if a foreign national meets all these requirements, he or she may still be refused entry into France.

There are some exceptional conditions for the delivery of residence permits to foreigners, that are applied to certain foreign nationals in the framework of bilateral conventions. This is the case, for example, with Algeria and Tunisia.

The European Community guarantees the free movement of nationals of the European Union, the European Economic Community and Switzerland.

Moreover, visas are no longer required for Bulgarian and Romanian citizens. The date of entry on their passports has the value of a visa, though they cannot stay more than 3 months and are not allowed to work.

Stay regulations

Any foreigner staying in France for more than three months is required to have a residency permit, subject to certain dispensations for diplomats. This requirement applies to foreign nationals that are older than 18 (Art. 6 and 9 from the ordinance of 2 November 1945). Foreigners that are younger than 18 are dispensed from the requirement of a residence permit, unless they want to work in the country.

The new members of the European Union (Czech Republic, Slovakia, Slovenia, Poland, Lithuania, Latvia, Estonia), in accordance with European law, are subject to a transition period when seeking salaried work.

The lack of a residence permit after three months of being in France can be punished by one year imprisonment and a 3 750 euros fine. The same penalties exist for a person who overstays his visa.

Regional authorities ("préfectures") have the discretion to decide whether or not to escort any illegal immigrant to the national border.

Residence permits

The Code regarding entry and residence in France and the Code for asylum regulate precisely the issuance of residence permits according to the status of a given foreigner. In general, a foreign national may ask for the following:

1. The Permanent Resident Permit (Carte de Résident, CR): valid for 10 years and renewable. It gives its holder the right to choose any profession. He or she is subject to the same working conditions as those of the French and benefits from the same social rights (social security, family allowance, unemployment benefits, pension, etc.)

This permit can be issued, provided there is no threat to public order, to foreigners who can prove their uninterrupted residence in France of at least three years, in accordance with the law. Financial means of support and current professional status are taken into account.

Of note, subject to the condition of a threat to public order and residence in accordance with the law, a residency permit can be given outright to certain foreigners.

Victims of trafficking for the purpose of sexual exploitation who contribute to the definitive sentencing of the traffickers can obtain a residency permit.

2. The Temporary Residence Permit (Carte de Séjour Temporaire, CST): it is valid for up to one year. This card can have a variety of limitations, depending on the situation of the migrant and the purpose of his or her stay. In most of the cases, the foreigner needs an additional authorisation if he or she wants to work in France.

3. The Provisional Stay Permit (Authorisation Provisoire de Séjour, APS) rarely exceed six months but is renewable and is given to certain categories of foreigners. For example, it is used for asylum seekers awaiting a decision from the French Office for the Protection of Refugees and Stateless Persons (OFPRA) or the Appeal Commission for Refugees (CRR).

Victims of trafficking in human beings who have cooperated as a witness or registered a complaint can obtain a provisional stay permit, which can then lead to the right to legally undertake work.

The right of asylum

Unlike the rest of the world, France has experienced an increase in the demand for asylum. In 2004, 51,707 demands were registered compared to 44,201 in 2003, namely a 17% increase.

A refugee is anyone who fears, with reason, that they will be persecuted because of their religion, their nationality, their belonging to a given racial or ethnic group or because of their political opinions; and who is outside of the country of which they are a national; and who, because of this fear, does not wish to claim the protection of their home country.

There are three types of asylum in France:

1. Conventional Asylum: Its purpose is (in accordance with Geneva Convention of 28 July 1951) to accord the status of refugee to those who request it and to provide legal and administrative protection to refugees and stateless persons.
The body of appeals in France is called the Commission for Refugee Appeals (CRR).

2. Constitutional Asylum: This form of asylum is set out in law 98-349 of the 11th May 1998 which covers the conditions of entry and residence for foreigners in France, and those of asylum seekers (known as the Chevènement law). It starts at paragraph 4 of the preface to the 1946 constitution, which states: « Every person persecuted because of his fight for freedom has the right to asylum within the territory of the French Republic »
Constitutional asylum is subject to the same procedures and offers the same protection as normal political asylum, only its legal basis is different. The authorities responsible for adjudicating this asylum are the OFPRA and the CRR.

3. Subsidiary protection: This form of protection is for foreigners fearing threats in their country but falling outside of the definition of refugee under the Geneva Convention. This subsidiary protection is granted for one (renewable) year, provided that there is no suspicion of a serious infringement or risk to the public order. The person who asks for subsidiary protection has to be « exposed in his or her country of origin to serious threats (death penalty, torture, inhuman or degrading treatment, a serious civil direct and individual threat against his or her life or person due to generalised violence resulting from an internal or international armed conflict situation."

The asylum demand is made to OFPRA (Office Français de Protection des Réfugiés et Apatrides - French Office for the Protection of Refugees and Stateless Persons), which will determine which form of asylum best corresponds to the applicant. In case the demand is rejected, the asylum seeker can appeal to the CRR (Commissions des Recours des Réfugiés).

Very few grants of asylum are accorded. There are very limited ways in which one can legally immigrate into France. Because many are forced to immigrate illegally, they are susceptible to recruitment by criminal trafficking groups.