MIIINDS

Professional Immigration

in France

25.11.08

MIIINDS

I / Introduction

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Professional Immigration in FranceProfessional Immigration in France

MIIINDS

Why a Ministry for migratory policies ?

Awareness of the necessity of an overall policy for migratory questions .

In front of a transnational labour market

And a migratory phenomenon with many aspects :

political, economical, social .

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IntroductionIntroduction

MIIINDS

A migratory policy centred around four main lines :

Control of migratory flows

Openness (professional immigration)

Integration of the immigrants in the host society

Interdependent development

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IntroductionIntroduction

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One method :

Integrated functional management of the “foreigners cycle” by bringing

together services once divided :Consulates, PAF (Air & Border Police), Prefectures, Employment,

Integration .

One authority :

The Ministry of Immigration, Integration, National Identity and for

Interdependent Development (MIIINDS) .

1st creation of a regalia Ministry since 1972 .

International trend :-Ministry (Australia, Canada, Austria, Denmark, Finland)

- agence (RU, Pays Bas, Suisse)

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IntroductionIntroduction

MIIINDS

II / The Stakes

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Professional Immigration in FranceProfessional Immigration in France

MIIINDS

French context :

► France enjoys a rather dynamic demography :

● 2 children per woman, 1st rank in the U.E. before Ireland

Which should put the country away from any migratory need :

► A rather high unemployment rate :

● 8% of the working population

► But France, as the other European countries, is undergoing a massive

migratory phenomenon, generated by the global economy :● 5.1 Million legal immigrants (8.5% of the population)

● Positive migratory balance of 71,000 persons in 2007

● Present illegal immigrants: between 200,000 and 400,000 (estimation)

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The StakesThe Stakes

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International context :

International competition context to attract skills :

● Working immigration = from 30 to 40% of migratory

flows from other European countries: 45% in UK

● The USA receive 30% of foreign students living in the

OECD countries, UK 14%, France 11%.

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The StakesThe Stakes

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Needs for qualified workforce :

Working immigration is a dynamism factor for a society

France is having needs for highly qualified workforce in jobs “in short supply”, which are not fulfilled by the national market, in following sectors:

● Services, mechanics, computer science, accounting and management, metal work, maintenance, electricity, electronics, processing industries, etc,(See below, list of the 30 jobs in short supply)

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The StakesThe Stakes

MIIINDS

III /Objectives

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Professional immigration in FranceProfessional immigration in France

MIIINDS

Mastery of the migratory flows

To turn them towards the needs of our economy,

Which implies :

● Discourage illegal immigration,

● Encourage legal professional immigration.

This policy is undertaken in co-operation with our partners from countries outside of the U.E., especially in the APS (Areas of Priority Solidarity) area, through :

●A reasoning: mutual benefit (To avoid the brains’ flight)

●A method: The overall approach of migration and development issues (Agreements for the management of migratory flows and for interdependent development)

Main objective:

●To raise professional immigration in France to 50% of the overall migratory flows.

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ObjectivesObjectives

MIIINDS

Validity of this objective with regard

to the current economic crisis ?

The employment global market will remain a reality

Despite a likely increase of unemployment, there will always

be “jobs in short supply”.

France will remain open to a foreign qualified workforce,

which means renovation and dynamism for our society,

In an International context of competition

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ObjectivesObjectives

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III /New tools (For nationals outside U.E. countries)

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Professional immigration in FranceProfessional immigration in France

MIIINDS

1/ Long-term residence permits:

The skills and talent permit (STP). The intra-company transfer permit (ITP). The seasonal worker permit.

2/ The “jobs in short supply’ list.

3/ New opportunities for students.

4/ Agreements of common management.

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New toolsNew tools

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They have two common points:

The procedures’ simplification :

For instance: end of the preliminary character of the medical examination

Now, the medical examination can take place after the beginning of the professional activity in France, within the time limit

3 months (6 months for the STP).

Exemption to common law :

I.e.: the yearly principle (of the employee pass)

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New toolsNew tools

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1-1/ 1-1/ The Skills and Talent PermitThe Skills and Talent Permit

► Abroad, the Ambassador decides the issue

► The STP applies to any type of activity

► Valid for a renewable period of three years

► The employment situation cannot be opposed

► The working permit is not subject to a working authorisation

(provided the job is salaried)

► Not subject to the usual immigrants' rules to have their families join them

► Exemption of the Welcome and Integration Contract (For STP holder, as well as for his or her family)

► Medical examination in France, within six months

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Long-term residence permitsLong-term residence permits

MIIINDS

Special measures for APS countriesSpecial measures for APS countries

► The STP can be renewed only once

► Commitment to go back to the country of origin after a six-year stay, at the most

(Except when there is an Interdependent Agreement signed with

France). ► Participate to a co-operation and economic development programme,

worked out between France and the country of origin,.

► Transmission to the Prefect, within a six-month period after the STP

allocation, of a formal commitment to such an action.

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The Skills and Talent PermitThe Skills and Talent Permit

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Basic conditions for the STP issueBasic conditions for the STP issue

► A PROJECT by which the claimant will contributes « significantly and durably to France’s economic development, country

planning, influence, especially in the intellectual, scientific, humanitarian

and sports areas, as well as for his or her country of origin, whereas

directly or indirectly ». ► This project must be credible: the claimant will be asked to demonstrate

that he possesses the ability to achieve it thanks to his or her :

● Education,

● Professional experience

► Targeted public: highly qualified persons (≠ circulation visas).

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The Skills and Talent PermitThe Skills and Talent Permit

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Issuing conditions according to the type of projectIssuing conditions according to the type of project

► For salaried people: when there is an employment contract, wages must comply

with the conventional and legal minima in France

► For the economic projects (non salaried activity), at least one of the following

conditions must be fulfilled:

– To create or to save at least two jobs, one of which is the project’s holder’s

– A ≥ 300 000 € tangible or intangible investment– Project presented by a foreign company incorporated for at least two years

or already established in France.

► For the legal companies’ representatives: – Monthly gross earnings of at least 3 x the guarantied minimum wage

(‘SMIC’)

– and on mission in France for more than 6 months.20

The Skills and Talent PermitThe Skills and Talent Permit

The Skills and Talent PermitThe Skills and Talent Permit MIIINDS

Professional experience conditionsProfessional experience conditions

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Diplôme

Expérience Professionnelle

Diplôme inférieur à la

Licence

Licence Master Doctorat

Sans Non éligible Non éligible Non éligible RECEVABLE

Plus

d’UN an

Non éligible Non éligible RECEVABLE RECEVABLE

Plus de TROIS ans

Non éligible RECEVABLE RECEVABLE RECEVABLE

Plus de

CINQ ans

RECEVABLE RECEVABLE RECEVABLE RECEVABLE

MIIINDS

ProcedureProcedure

► File’s composition

Presentation of the project, claimant’s resume, copies of the highest ranking diplomas and titles, tax justification of his or her income, and a copy of his or her criminal record in the countries

where the claimant resided for the past three years.

► Project’s assessment

Upon the base of criteria established by the National Commission for Skills and Talent after having possibly heard the

foreign claimant.

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The Skills and Talent PermitThe Skills and Talent Permit

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Procedure (continuation)Procedure (continuation)

► Time limit of the file’s examination is 1 month.

► Decision’s form

When the decision is positive, the consular authority issues a visa for a stay of more than 3 months and hand a letter issuing a “skills and talent” permit over the claimant, signed by the Ambassador (which is going to be issued by the department’s prefect of his or her

residence’s location).

+ “CESEDA L313-11 3°” visa (“private and family life”)

to the spouse and to the children.

► A copy of the file is forwarded to the Ministry (MIIINDS –

Professional Immigration Office) 23

The Skills and Talents PassThe Skills and Talents Pass

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1-2/ 1-2/ The Intra-company transfer permitThe Intra-company transfer permit (ICP) (ICP)

► Its scope :

- Foreign employees detached or recruited

in France,

- In mobility cases :

Inside of a company

or Inside of an international group.

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Long-term residence permitsLong-term residence permits

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As for STP, it departs from common law:

It applies as working permit : together with either the employment contract, or the introduction request (temporary posting) approved by the Local Labour Administration

It is issued for a renewable period of three years

The employment situation cannot be opposed to it

It allows bringing the family in the same conditions as STP, when the stay of the Employee-on-Mission Pass’ holder in

France exceeds 6 months.

The ICP holders (as well as their families) are exempted from the obligation to sign up a welcome and integration

contract. 25

The Intra-company transfer permit The Intra-company transfer permit

MIIINDS

Its main issuing conditions

The foreign employee should have been working with the foreign company or group for at least three months,

The employee wages should be at least

1.5 times the ‘SMIC’ (1981 €, gross, for 35 hour-a-week, on 01/07/2008)

► Managers or high level executives :

The ICP can be used for the temporary posting or hiring of high level executives :

Monthly earnings ≥ 5 000 € grossMonthly earnings ≥ 5 000 € gross 26

The Intra-company transfer permitThe Intra-company transfer permit

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Procedure

► The employer in France must apply for the employee’s

introduction at the ‘DDTEFP’ administration.

► When the employment contract or the temporary posting request are approved, the file is forwarded to the ‘ANAEM’, which sends it to the related French consulate, in order to issue the entry visa to France.

► When the foreigner arrives on the French territory, he must ask

for a residence permit at the Prefecture.

He will also receive a notification by the ‘ANAEM’ to get the statutory medical examination.

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The Intra-company transfer permitThe Intra-company transfer permit

MIIINDS

1-3/ 1-3/ The Seasonal Worker PermitThe Seasonal Worker Permit

► Duration up to three years,

► allows a Foreigner holding a seasonal working permit and provided he commits himself (herself) to maintain his (her) usual residence outside France, time and work each year up to:

six months in France.

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Long-term residence permitsLong-term residence permits

MIIINDS

2/ 2/ List of jobsList of jobs in short supplyin short supply

► In order to ease access to the job market for foreign employees in areas where there is a lack of workforce, a list of 30 jobs in short supply has been established.

► This list is split by region, but six specific professions cover the whole French territory.

► The current employment situation is not taken in account for those professions

► Admission on French territory follows the usual introduction procedure, initiated by

the employer,

► in order to issue, according to the relevant case, an EMPLOYEE or a TEMPORARY WORKER temporary residence permit, which applies as working permit.

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New toolsNew tools

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30 PROFESSION LIST OPEN TO THIRD COUNTRIES NATIONALS ‘ROME’ CODE AND PROFESSIONAL AREAS

• TRADE• 14232 Mail order sales technician• 14312 Intermediate and raw goods commercial attaché• 33121 Merchandiser (design for departments and selling places)

• ELECTRICITY, ELECTRONICS• 52132 Project-designer in electricity and electronics• 52133 Draughtsman in electricity and electronics• 52221 Quality and testing technician in electricity and electronics

• COMPUTER SCIENCE• 32321 Study computer scientist (including project manager)• 32331 Expert computer scientist

• BUILDING INDUTRY AND CIVIL ENGINEERING• 61221 B.I.C.E. Designer• 61222 Surveyor• 61223 In charge of B.I.C.E. technical studies• 61231 B.I.C.E. site foreman• 61232 B.I.C.E. works operator

• MECHANICS, METAL WORK• 44316 Mechanic for work, lifting, handling and agricultural machinery• 52121 Draughtsman-designer in mechanical engineering and metal work• 52122 Draughtsman in mechanical engineering and metal work• 52211 Manufacturing technician in mechanical engineering and metal work• 52212 Quality technician in mechanical engineering and metal work• 52313 Installation and maintenance operator for lifts (and other automatic systems)

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The ‘in tension’ jobsThe ‘in tension’ jobs

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30 ‘IN TENSION’ JOBS (continuation) • SMOOTH MATERIALS, WOOD, GRAPHIC INDUSTRIES (LIGHT INDUSTRIES)• 46321 Manufacturing machine operator in furnishing and wood industries (and combined materials)• 46322 Hewer for wood and combined materials (mass production)• 52243 Technician in furnishing and wood industries

• MAINTENANCE• 52314 Compliance Inspector• 52333 Maintenance operator in electronics

• TRANSPORT, LOGISTICS AND TOURISM• 52111 Technician in industry methods, scheduling and planning

• MANAGEMENT, BUSINESS ADMINISTRATION• 32112 Audit, accounting and financial executive

• BANK AND INSURANCE• 33221 Insurance operating officer

• PROCESS INDUSTRIES• 45222 Glass forming (manufacturing) operator• 45231 Pilot for cement manufacturing planting• 52231 Production technician in process industries

• Following jobs are open in Following jobs are open in ALLALL French Regions French Regions : :• 32112 Audit, accounting and financial executive32112 Audit, accounting and financial executive• 32321 Study computer scientist (including project chief)32321 Study computer scientist (including project chief)• 32331 Expert computer scientist32331 Expert computer scientist• 61223 In charge of B.I.C.E. technical studies61223 In charge of B.I.C.E. technical studies• 61231 B.I.C.E. site foreman61231 B.I.C.E. site foreman• 61232 B.I.C.E. works operator61232 B.I.C.E. works operator

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The ‘in tension’ jobsThe ‘in tension’ jobs

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3/ 3/ New opportunities for foreign studentsNew opportunities for foreign students

►During their studies: Suppression of the obligation to hold a working permit for Foreigners who have a “student”

residence permit

So they have the full right to exercise a salaried activity within the limit of 60 % of the annual working duration (964 hours).

► After their studies :

After getting a master degree, foreign students are allowed to look for a job during six months

For this scope, they receive a six-month receipt form the Prefecture.

They get an “employee” residence permit with no regard to the employment situation, if they get a job with a payroll of more than 1.5 times the ‘SMIC’ (official minimum wage).

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New toolsNew tools

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4/ 4/ Common management agreementsCommon management agreements..

4-1Common management agreements for migratory flows and interdependent development.

4-2 «Young Professionals» agreements.

4-3 «Holidays & Work» agreements.

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New toolsNew tools

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4-1/4-1/ Common management agreements for Common management agreements for migratory flows and interdependent developmentmigratory flows and interdependent development.

• They include specific measures to encourage international mobility by easing the issuing of residence permits to a certain number of Nationals from the signer States :

Skills and talent permit, Inter-company transfer permit, “young

professionals”, “jobs in short supply”, saisonnal jobs :

These agreements grant a big share for professional training and for interdependent development.

– Agreed: Senegal, Congo-Brazzaville, Benin, Gabon, Tunisia and Mauritius, Cap Verde, Burkina Faso.

– Underway:, Mali, Egypt and Cameroon .

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Common management agreementsCommon management agreements

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4-2/ 4-2/ «Young Professionals» agreements«Young Professionals» agreements

They ease, inside of a quota, temporary moves for young workers coming from signer States:

• From age 18 to 35• For employment time from 3 to 18 months

They encourage proficiency transfers or knowledge exchanges between branches of a same group or between French and Foreign companies, within the framework of a partnership. They also improve resumes of young graduates, who then increase their chances to find a job in their expertise, when they go back to their country of origin.

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Common management agreementsCommon management agreements

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4-3/ 4-3/ «Holidays & Work» agreements«Holidays & Work» agreements

They allow inside of a quota,

Temporary moves for young people from 18 to 30, coming from signer States (up to 35 year-old for exchanges between France

and Canada)

For a tourism time of less than 12 months

During which the beneficiaries can possibly complete their resources by getting a paid job

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Common management agreementsCommon management agreements

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► With this tools package, France is now equipped with one of the most balanced migratory policy in the World,

► Which combines protection and openness,

► And for which professional immigration is

the privileged vector.

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ConclusionConclusion