France: Law introduces hand-picked, disposable migration
01 March 2006
A controversial draft law to introduce a regime of hand-picked and disposable migration was approved in the French Assemblée Generale (parliament) on 17 May 2006 and is expected to start undergoing scrutiny by the Sénat on 6 June, after being fast-tracked as an "urgent" measure.One of its consequences would be to deny sans-papiers (undocumented migrants) the existing possibility of obtaining a residence permit after proving they have resided in France for ten years, obstructing the possibility for family regrouping, creating hierarchies among migrant workers depending on their skills and on the needs of French businesses, as well as linking residence permits strictly to employment. Thus, a seasonal worker would have a permit for seasonal workers, and a migrant worker with a temporary contract would have a residence permit for temporary workers. Permits (subject to the prior issuing of a visa) will be withdrawn once the conditions for which they were issued no longer apply, thus placing workers in a predicament in which they are at the mercy of their employers, as a complaint over working conditions or pay could result not only in dismissal, but also in expulsion.
A special three-year "skills and talents" residence permit will be created for foreigners who are "liable to participate in a significant and lasting manner, due to their skills and talents, in the economic development and to France's contribution in the world, notably in the intellectual, cultural or sporting fields, or to the economic development of the country of which they are nationals", based on the requirements of French business or the areas where there is a lack of labour force. Permanent residence permits for third-country spouses of French nationals will be subject to the requirement that they have entered or resided legally in France (previously only a requirement for temporary permits), meaning that if they are residing illegally they will have to travel back to their country and apply for a visa, hoping to be granted one and potentially disrupting their work as a result of the delay this would entail. Permanent residence permits and the renewal of temporary permits will also be subject to applicants demonstrating their integration into French society, their adoption of French republican values and their knowledge of the French language. As is true for several categories of third-country nationals, scrutiny of those whose children were born in France is also tightened because, after the issuing of residence permits for this reason was made subject to two years legal residence in 2003 (it was previously automatic), the new law now requires officials to examine "serious evidence allowing one to presume that the recognition of an infant is fraudulent".
Text of adopted text TA n.786, adopted by the Assemblée Nationale on 17.5.06:
http://www.assemblee-nationale.com/12/ta/ta0576.asp;
Provisional analysis by the Ligue des Droits de l'Homme, available at:
http://www.ldh-france.org; Analysis by FASTI (Fédération des Associations de Solidarité avec les Travailleurs Immigrés):
http://www.contreimmigrationjetable.org/IMG/pdf/analyse_2006-03-29_fasti.pdf