Changes in Immigration Status and Purpose of Stay in France

Transcription

1 cofinanced by EU Third Focussed Study 2015 Changes in Immigration Status and Purpose of Stay in France French Contact Point of the European Migration Network January 2016

2 2/69 PRESENTATION OF THE FRENCH CONTACT POINT French Contact Point: In France, the National Contact Point (NCP) for the European Migration Network (EMN) is attached to the General Directorate for foreign nationals in France at the Ministry of the Interior. Contacts - Marie-Hélène AMIEL : marie-helene.amiel@interieur.gouv.fr Head of Department for Statistics, Studies and Documentation - Gérard BOUVIER : gerard.bouvier@interieur.gouv.fr Deputy Head of Department - Ophélie TARDIEU : ophelie.tardieu@interieur.gouv.fr Coordinator of the French Contact Point (NCP) r for the European Migration Network - Anne-Cécile JARASSE : anne-cecile.jarasse@interieur.gouv.fr Policy Officer within the French NCP for the European Migration Network - Christelle CAPORALI-PETIT : christelle.caporali-petit@interieur.gouv.fr - Policy Officer within the French NCP for the European Migration Network Address Point de contact national du Réseau européen des migrations Département des statistiques, des études et de la documentation Direction générale des étrangers en France Ministère de l Intérieur Place Beauvau Paris Cedex 08 Internet Sites - Official EMN website (in English): - EMN French National Contact Point website:

3 3/69 CHANGES IN STATUS AND PURPOSE OF STAY IN FRANCE Study conducted by the French Contact Point for the European Migration Network (EMN) January 2016 Disclaimer: The French Contact point for the EMN has provided information that is, to the best of its knowledge, up-to-date and objective, within the context and scope of this study. However, the information may not be exhaustive and representative of the entirety of the official policy in France. The French Contact point for the EMN shall not be held liable, under any circumstances, for the use made of the information contained in this study. The European Migration Network was created up by the Council Decision 2008/381/CE and is coordinated by the European Commission. The French Contact Point for the EMN is financially supported by the European Union and the General Directorate for foreign nationals in France at the Ministry of the Interior.

4 4/69 List of acronyms AGDREF: Management Application for files of Foreign Nationals in France (Application de Gestion des Dossiers des Ressortissants Étrangers en France) APS: Temporary residence authorisation (Autorisation provisoire de séjour) CAI: Reception and Integration Contract (Contrat d'accueil et d'intégration) VPF residence permit: Private and Family life residence permit (Vie privée et familiale) CESEDA: Code on Entry and Residence of Foreigners and Right of Asylum (Code de l'entrée et du séjour des étrangers et du droit d'asile) DGEF: General Directorate for Foreign Nationals in France (Direction générale des étrangers en France) DIRECCTE: Regional Directorate for companies, competition, consumption, labour and employment (Direction régionale des entreprises, de la concurrence, de la consommation, du travail et de l emploi) MAEDI: Ministry for Foreign Affairs and International Development (ministère des Affaires Étrangères et du Développement International) OFII: French Office for Immigration and Integration (Office français de l immigration et de l intégration) TPA: multi-year residence permit (titre pluriannuel)

5 5/69 SUMMARY Executive Summary... 6 Section 1:Overview of French legislation and national debates regarding change of status procedures... 9 Section 2: Overview of admission criteria Section 3: Presentation of French legislation on change of status Provisions and criteria with regard to changes of status Aims of national policies in favour of changes of status Section 4: Challenges, good practices and lessons learned Challenges and obstacles Good practices and lessons learned Section 5: Conclusion ANNEXES Annex 1: Impact of changes of status on Annex 2: Statistics on the issuance of residence permits and changes of status by reason.. 50 Annex 3: List of interviews carried out or people who have contributed to the study Annex 4: Bibliography... 67

6 6/69 Changes in immigration status and purpose of stay in France 3 rd focussed study 2015 Executive Summary This EMN study examines changes of status. Its aim is to present French legislation on the procedures applicable to third-country nationals legally staying on French territory, examining, in particular, the reasons for these changes, the specific measures implemented by legislators to facilitate this process and the obstacles to which these nationals may be subject when requesting a change in status. The background to this study is the European Union's sector-by-sector approach to legal immigration, which has resulted in the implementation of a common legal framework regulating the admission of certain categories of third-country nationals by means of European directives (for example, on students, scientists-researchers, highly qualified workers, etc). However, immigration rules allowing for changes of status are covered by each Member States' national legislation, as indicated in the European Agenda on Migration adopted in In France, requests for changes of status concern immigrants legally staying on the territory with valid residence permits - these include long stay visas equivalent to residence permits (stipulated in article R of the CESEDA), temporary residence permits and multiyear residence permits. The change of status procedure is the possibility for a third-country national to benefit from a residence permit on a different basis than that invoked to obtain the initial permit, due to changes in their economic and personal situation that modify the legal category for their stay. Whilst a significant number of foreign nationals request a change of status each year (more than 130,000 status changes were registered in the year to 31 December 2014 compared to 31 December 2013), this question has rarely been studied up to now. The question of status changes featured strongly in public debates in 2012 and 2013, with the consequences on access to the job market by foreign students in the circular of 31 May 2011 on the management of professional immigration, its abrogation by the circular of 31 May 2012 which eased the conditions for status changes by foreign students and the preparation of a novote Parliamentary debate in April The study begins in section 1 with an overview of French legislation and national debates on the procedures for changes of status, as well as the legislators' motivations for promoting them. Section 2 aims to provide an overview of the criteria for issuing a particular residence permit according to the purpose of stay for the different categories within the scope of the study. 1

7 7/69 Section 3 focuses in the first sub-section (3.1) on the legal provisions, administrative practices and the conditions under which changes of status are possible in France, as well as their impact on the of foreign nationals. Sub-section 3.2 presents national policy and the legislator's objectives, the monitoring and evaluation of the measures and the way in which they are perceived in France. Finally, section 4 firstly examine the challenges and obstacles (4.1) identified by French authorities and foreign nationals for the implementation and application of the change of status procedure, and secondly identifies good practices (4.2). The annexes present statistics broken down by type of change of status and by procedures (processing time, successive changes in status). Methodology The scope of this study covers a certain number of categories of foreign nationals: foreign nationals admitted for family and educational reasons, for economic reasons if they carry out a remunerated activity (covered by "employee", "scientist-researcher", "EU Blue Card", "skills and talents" or "employee on assignment" residence permits), an independent or selfemployed activity or as an investor. The victims of human trafficking are also included in the study's scope. To be able to examine change of status procedures, for this study, those students authorised to work as a secondary additional activity for the duration of their studies on the basis of their valid residence permit or a temporary residence permit requested after their studies (subject to obtaining a diploma at least equivalent to a Master in France) to look for work associated with their education, are considered to be students (and not employees). Excluded from this study: - European Union (EU), European Economic Area (EEA), Swiss Confederation and Andorran nationals, as well as their family members, whatever their nationality, - third-country nationals holding long-term EU residence permits as well as their family members, under Directive 2003/19/EC of 25 November 2003 on the status of longterm resident third-country nationals, - third-country nationals legally staying in France as refugees or stateless persons, under Directive 2011/95/EU of the European Parliament and the Council of 13 December 2011 on the standards with regard to the conditions that must be met by third-country nationals or stateless persons to benefit from international protection, to a uniform status for refugees or people benefiting from subsidiary protection and to the content of this protection. - certain categories of third-country nationals whose permits or reasons for stay are implicitly opposed to the continuation of the stay for another reason (retired people, associative volunteers, European volunteers, interns, etc) as well as the categories "minors", "recipients of work-related accident pensions", and those "having served in a combat unit". Applicants for international protection (asylum) are also excluded. The international protection request receipt given to the person authorises the stay on French territory during the asylum application examination, but does not give any other right to stay. If the request is rejected, the applicant must leave the territory. If the person remains on the territory despite this negative decision, they are in an illegal situation. They cannot, therefore, benefit from provisions for a change of status.

8 8/69 Foreign nationals who obtain a first residence permit as part of an exceptional admission procedure are also excluded. Finally, the "Long stay D visa" category does not appear in this study as holders belong to the other categories within the study scope (i.e spouse benefiting from family reunification or spouse of a French citizen, student, scientist-researcher, employee, temporary worker). In addition, the study does not deal with changes of status by foreign nationals whose stay comes exclusively or partly under bilateral conventions or agreements. These agreements, whose provisions derogate from those in the CESEDA, only concern certain situations for specific nationalities (with the exception of Algerians, who are completely governed by the bilateral agreement). This study is based on a series of interviews and questionnaires carried out with the different institutional stakeholders (within the Ministry of the Interior, the OFII, the Ministry for Labour, Employment and Professional Training), and also with stakeholders within the economic world, organisations and associations (responsible for students and researchers, and immigrant women). With regard to the statistics presented in the annex, more than 130,000 changes of status were registered to 31 December 2014 compared to the situation to 31 December However it is important to clarify that this study will only deal with around 70,000 cases, in the categories taken into consideration by the scope of this study.

9 9/69 Section 1: Overview of French legislation and national debates regarding change of status procedures This section aims to present French legislation regarding status change procedures applicable to third-country nationals. It will also examine the debates on the question of change of status as well as planned legislation changes. Lastly, it will examine the main reasons that lead to changes of status being promoted on the French territory. 1. Summary of French legislation French legislation does not have provisions that expressly establish the principle and determine the modalities of a change of status. The Code on Entry and Residence of Foreigners and Right of Asylum (Code de l'entrée et du séjour des étrangers et du droit d'asile) (CESEDA) stipulates the conditions to be met for the issuance of a residence permit depending on the reason evoked by the foreign national. Once the foreign national meets the conditions for the requested residence permit, it may be issued, unless there is a limitation associated with the type of permit that they held previously. There are exceptions to this possibility of issuance for another reason, either due to express provisions that oppose this change of status (this is the case of young professionals 2 ), or due to the type of permit that implicitly opposes the issuance of a permit for another reason (foreign nationals that benefit from a specific reason for their stay, for example as seasonal workers, employees on assignments or interns). The change of status is a renewal of the residence permit, reflected in the tax owed to the Prefecture for the issuance of the residence permit 3, but it is considered as a first request for the new reason given for the examination. Whilst the change of status is not expressly stipulated in the CESEDA, Council of State rulings have largely validated certain principles: - in an ruling of 10 July , it was confirmed that a foreign national who requests a change of status does not have to justify the legality of their stay on French territory or the possession of a long-stay visa that corresponds to the new reason for residence; - two other rulings 5 state that a change of status leads to its examination as a first residence permit application and not a renewal, if it is requested for another reason. Thus, a request for an "employee" residence permit must be examined as a first request, with the examination of the work authorisation request based on article R of the Work Code, even though the applicant may have benefited from a work authorisation based on the residence permit that they held previously. 2 The provision for young professionals, implemented within the framework of bilateral agreements between France and the signatory countries, aims to allow young people that are already in the workforce, to increase their professional, linguistic or cultural knowledge via international mobility, and acquire work experience in a company located in France, with these increased skills allowing them to improve their career prospects on their return to their country of origin. 3 Law no of 29 December 2013 on Finances for 2014 (published in the Official Journal on 30 December 2013). 4 Council of State Decision no Mrs Bah. 5 Council of State Decision of 3 November 2006, no Mr Oujoura / Council of State Decision of 20 December 2011, no Mrs Tireshko.

10 10/69 The foreign national must be considered as changing status when they apply for a new permit for another reason before the expiry of the residence permit they hold. However, they are not required to wait for the expiry of their residence permit to request a change of status. The person can submit their application during the validity duration of their permit, in particular if their situation has changed before the permit's expiry. A change of status can be requested in two situations: either the foreign national no longer meets the conditions for the residence permit they hold, and they request a permit on a basis that corresponds to their new situation, or they still meet the conditions, but due to a change in their professional or family situation, they can benefit from a residence permit for another reason. 2. Summary of national debates The main debates on the change of status emerged during the circular on the management of professional immigration of 31 May 2011, known as the "Guéant circular", which concerned students wishing to exercise a professional activity after their studies. This circular had the aim of restricting professional immigration by making changes in status more difficult for foreign students graduating in France. The change of status from students to employees represents a particularly significant share of professional immigration, and is, therefore, one of the main levers to regulate professional immigration. This measure was widely criticised by the economic, university and associative worlds, as an "obstacle to France's attractiveness policy and the needs of the major French international companies" 6. The circular of 31 May 2012 on access to the job market for foreign graduates abrogated this circular and relaxed the conditions for changes of status for foreign students. Within the framework of the preparatory document for the Parliamentary debate in April 2013, discussions were carried out on professional and student immigration. After the previous debates on the "Guéant circular", the question of access to work for foreign students in France after their studies was again considered. The main criticism concerned the complexity of rules and different interpretations by the authorities. The players that contributed to the discussions during these debates particularly focussed on the student - and also scientific - populations, as these two categories are the main ones concerned by the change of status for access the job market after their studies or research work. These measures to promote the reception and stay of foreign students were reviewed within the framework of the Strategic Council for Attractiveness (Conseil stratégique de l'attractivité) (CSA) of 17 February 2014, where it was decided to facilitate changes of status for foreign students holding 'Master' degrees, who wished to carry out qualified employment or create a company after their studies in France. These provisions were integrated into the draft law on for foreign nationals, currently under discussion in Parliament, which also intends to clarify the modalities for changes of status 6 Professional and student immigration data, Preparatory document for the Parliamentary debate, April 2013, p.24.

11 11/69 for students after their studies. This draft law also expressly stipulates the principle and modalities for the change of status to the multi-year permit created by this draft law. The family reason is another reason for which numerous changes of status are obtained, however the debates and policy orientations do not often consider family immigration. The provisions that stipulate the conditions for obtaining a residence permit for this reason concern mainly automatic issuance (spouse of French citizen, parent of French child, etc). 3. Main drivers behind changes of status promoted by legislators As indicated above, the main objectives for the legislator in promoting changes of status are closely linked to professional immigration. Thus, the main arguments raised by the university world to promote the change of status of foreign students concern the attractiveness of higher education and the wish to optimise the return on investment of foreign students educated in France. The economic world highlights the necessity to promote the economic attractiveness of the territory and France's outreach as well as the recruitment of a trained workforce that meets the needs of companies which have access to an employee pool. In addition, a status change also appears to be a factor for integration and insertion into society. Indeed, the change of status allows the foreign national to modify their reason to stay in France according to the change in their professional and family situation, without breaking their habitual residence in France.

12 12/69 Section 2: Overview of admission criteria This section aims to provide an overview of the initial admission criteria for issuing authorisations to stay according to the reason requested for the stay for the different categories covered by the scope of the study. Q1. How does French legislation define the categories of third-country nationals covered by this study? Admission reason Family Education Definition of each category a) Foreign national authorised to stay in France under family reunification (where the spouse or one of the parents holds a temporary residence permit or resident card) - Article L , 1 of the CESEDA b) Foreign national married to a French citizen or parent of a minor French child - Article L , 4 and 6 of the CESEDA c) Foreign national whose personal and family ties in France are such that refusing the authorisation to stay would be a disproportionate infringement to their right to respect for their private and family life with regard to the reasons for refusal - Article L , 7 of the CESEDA d) Specific case: foreign national whose spouse or one of their parents holds the "skills and talents" residence permit, the temporary permit indicating "employee on assignment" or the "EU Blue Card" or "scientist-researcher" - Article L , 3 of the CESEDA The foreign national who is in education or further education - Article L of the CESEDA Admission criteria required for an authorisation to stay under this status For the categories a), b), c) and d): Prove stable and sufficient resources - an amount at least equal to the SMIC (minimum wage) 7 adjusted according to family size and at the most equal to this salary increased by one fifth; accommodation considered as normal for a comparable family living in the same geographical region 8 ; Prove respect for the essential principles that govern family life in France 9 ; For the categories c) and d): c) Any proof enabling the assessment of the length of time, reality and stability of the personal and family ties in France with regard to their intensity, insertion in French society and the type of links with the family that remains in the country of origin, and where these ties are such that refusing the authorisation to stay would be a disproportionate infringement to their right to respect for their private and family life; d) Specific case: prove the legality of the spouse's stay in France under one of the permits concerned and family links (spouse/minor child). Prove means of existence corresponding at least to the amount of the monthly living allowance paid to grant holders by the French government, i.e. 615 per month; Registration, inscription or preinscription certificate in a public or private education or initial training establishment, or in a professional training organisation or as part of a European Union cooperation programme in the areas of education, training and youth. 7 1, gross per month at 1st January This geographical condition only applies for family reunification. 9 This condition only applies for family reunification.

13 Admission reason Scientists- Researchers EU Blue Card Highly qualified workers Employees Selfemployed workers Definition of each category The foreign national who conducts research work or teaches at a university level as part of a hosting agreement signed with a recognized public or private establishment with a research or teaching mission. Article L of the CESEDA The highly qualified foreign worker in accordance with the Directive 2009/50/EC. Article L , 6 of the CESEDA This category does not have a definition as such, except for holders of the EU Blue Card. They are covered by other residence permits (employee, temporary worker, skills and talents permit) without the residence permit issued enabling the identification of their level of worker qualification. Articles L , 1 ; L of the CESEDA The foreign national who comes to carry out a remunerated professional activity, under an temporary employee or temporary worker residence permit depending on the duration of the work contract - Article L , 1 of the CESEDA or under a skills and talents residence permit (for the foreign national who participates, via their skills and talents, in the economic development and regional development or outreach of France and the country in which they are a national - Article L of the CESEDA Or The artist: a foreign national who comes to carry out an artistic or cultural profession (Article L of the CESEDA) The foreign national who comes to carry out an independent activity, that does not require a work authorisation, under a temporary residence permit indicating the 13/69 Admission criteria required for an authorisation to stay under this status Diploma at least equivalent to a Master; Hosting agreement signed by the Prefect; Sufficient resources attested by the hosting agreement. Diploma attesting to at least 3 years of higher education or 5 years professional experience at a comparable level; Work contract for a duration equal to or over one year in accordance with current legislation; Monthly remuneration at least equal to 1.5 times the average gross reference salary fixed annually by ruling by the Minister responsible for immigration ( 53,331 gross/year at 29/05/2015).. Meet the specific issuance conditions for each residence permit. Work contract signed with an employer located in France, in accordance with current legislation; Level of remuneration at least equal to the monthly SMIC, even for part-time work; OR Present a project that contributes to the economic development and outreach of France and their country of origin; able to establish their aptitude/ability to carry it out, carry an economic project that creates activities according to different elements of appreciation; OR Contract for over 3 months signed with a company or establishment whose main activity includes the creation or exploitation of intellectual works; Level of remuneration at least equal to the monthly SMIC, even for part-time work. Prove that they can live from their own resources at least equivalent to the SMIC corresponding to a full-time activity; Justify the activity carried out.

14 Admission reason Business owners Seasonal workers Intra-group mobility Investor Definition of each category activity carried out - Article L , 3 - or under a skills and talents residence permit (for the foreign national who, through their skills and talents, participates in the economic development and regional development or outreach of France and the country in which they are a national) - Article L of the CESEDA The foreign national who comes to carry out a commercial, industrial or artisanal activity, under a temporary residence permit indicating the activity carried out - Article L , 2 - or under a skills and talents residence permit (for the foreign national who, through their skills and talents, participates in the economic development and regional development or outreach of France and the country in which they are a national) - Article L of the CESEDA The foreign national holding a seasonal work contract. Article L , 4 of the CESEDA The foreign worker detached or transferred by an employer located outside of France, where this detachment is carried out between establishments of a same company or between companies of a same group. Article L , 5 of the CESEDA Foreign national who invests in France according to precise criteria. Two temporary residence permits are possible: Admission criteria required for an authorisation to stay under this status 14/69 OR Present a project that contributes to the economic development and outreach of France and their country of origin; able to establish their aptitude/ability to carry it out, carry an economic project that creates activities according to different elements of appreciation. Have the status of trader; An economically viable activity, compatible with public security, health and tranquillity; Have documents enabling the assessment of the project's economic viability; Capability of the activity to provide resources at least equivalent to the SMIC corresponding to a full-time activity; OR Present a project that contributes to the economic development and outreach of France and their country of origin; able to establish their aptitude/ability to carry it out, carry an economic project that creates activities according to different elements of appreciation. Habitual residence outside of France; Seasonal work not exceeding 6 consecutive months out of 12; Work authorisation (level of remuneration at least equal to the monthly SMIC, even for part-time work). Mission temporaire; Intra-group mobility; Gross remuneration for the employee at least equal to 1.5 times the SMIC 10. a) Foreign national who, personally or through a company that they manage or in which they hold at least 30% of the capital and which creates or saves, or which undertakes to create or save, at least 50 jobs in France; 10 i.e. 2, gross per month at 1st January 2016.

15 Admission reason D-type visa holder (Long Stay) Victim of human trafficking Definition of each category a) Ten year "Exceptional economic contribution" residence permit (Article L of the CESEDA); b) "Skills and talents" residence permit (Article L of the CESEDA) The following categories can benefit from a long-stay visa equivalent to a residence permit ( visa de long séjour valant titre de séjour ) for the first year of their stay in France (article R of the CESEDA): a) Spouse benefiting from family reunification or spouse of French citizen; b) Student; c) Scientist-Researcher; d) Employee; e) Temporary worker. The victims of human trafficking are issued with a private and family life residence permit for a duration of one year if they file a complaint against a person accused of having committed against them offences identified in articles to (human trafficking) and to (pimping) of the Penal Code and if they testify in a criminal procedure against a person accused of these offences. In the event of the final conviction of the accused person, a ten-year resident card is issued. (Article L of the CESEDA) 15/69 Admission criteria required for an authorisation to stay under this status or who carries out, or undertakes to carry out, an investment in tangible or intangible goods of at least 10 million; or, whilst not reaching these thresholds, provides an exceptional economic contribution due to its specific characteristics or the situation in the concerned employment basin. b) Presenting a project contributing to the economic development and outreach of France and their country of origin; able to establish their aptitude/capability to carry it out, carry an economic project that creates activities according to various appreciation criteria (either creating or saving at least 2 jobs or investment in tangible and intangible goods of at least 300,000, or a project carried by a foreign company created at least 2 years previously or already located in France). See the specific issue criteria for the residence permit corresponding to the reason for the stay. Have filed a complaint or testified in a criminal procedure against one or several people accused of human trafficking or pimping; Not represent a threat to public order; Have broken all ties with the accused person(s).

16 16/69 Section 3: Presentation of French legislation on change of status Section 3.1 presents the legislatory provisions allowing a change of status from one category to another. It highlights the conditions required to request a change of status and the conditions under which it is carried out. It also looks at the facilitations in place to ease changes of status (in comparison with initial requests by first time migrant applicants), as well as the impact of a change of status on the of the third-country nationals. Section 3.2 presents the legislator's goals, the monitoring and evaluation of the measures and the way in which they are perceived in France. 3.1 Provisions and criteria with regard to changes of status Q2a) and b). The provisions and criteria applicable in France that allow third-country nationals residing in France under one of the status types within the scope of the study to change categories. The table below presents the possible changes of status according to the reasons for stay. As indicated in section 1, no express provisions establish the principle of a change of status. A foreign national holding a valid residence permit may, therefore, request a residence permit for another reason, if they no longer meet the conditions of their current permit, or if they meet the conditions to benefit from a more favourable permit or one that corresponds to their new situation. Thus, a procedure to change status can be undertaken once the foreign national is legally staying on the territory and meets the issuance criteria for the new permit they are requesting. Articles L and R of the CESEDA establish the conditions under which they can file the application, i.e. "during the last months preceding the expiry of the residence permit for which they are the holder". The reason for which the foreign national was authorised to stay in France is taken into consideration if it inherently opposes the continuation or extension of the foreign national's stay in France. This concerns permits where the foreign national does not intend to stay on the territory once their assignment is completed. As indicated in the table below, this is particularly the case with seasonal workers (whose residence is located outside of France and who comes to carry out seasonal work not exceeding six consecutive months out of twelve 11 ), and intra-group transferees (who come to carry out temporary missions in France for an employer based outside of France with whom they retain a contractual relationship). Seasonal workers and intra-group transferees can only obtain their residence permits after an entry procedure and do not intend, except under specific circumstances, to remain on the territory once their mission or contract is completed. 11 Article L paragraph 4 of the CESEDA.

17 17/69 Similarly, family members for certain categories of foreign nationals can enter France as part of a simplified procedure to accompany or join the professional worker. These are family members of foreign nationals holding residence permits indicating "scientist-researcher", "employee on assignment", "skills and talents" and "EU Blue Card". They receive a "private and family life" residence permit for the same validity duration as the professional worker's card (for a maximum of three years). This permit gives them access to the job market. However, their right to stay is not autonomous and is closely linked to the professional worker's stay. They cannot, therefore, except under specific circumstances, extend their stay or change status if the professional worker has completed their mission/contract in France. With regard to family reunification in France authorised for two third-country nationals that arrive in France separately and legally stay in France under a residence permit obtained after their marriage, the change of status in this case will be considered with regard to the respect for normal family life and/or the child's interest, which are guaranteed by article 8 of the European Convention on Human Rights and article 3-1 of the International Convention on the Rights of the Child. The table below reads as follows: - cells in green = change of status is possible; - cells in orange = change of status is not possible; - cells in grey = not applicable (for example, change of status from "education" to "education"). Some status changes within a category are identified as possible in the table, as several residence permits are listed in each of these categories. These are as follows: - the "employee" reason groups the "employee", "temporary worker", "skills and talents" and "artistic and cultural profession" residence permits; - the "highly qualified worker" reason groups the "employee", "temporary worker" and "skills and talents" residence permits; - the "self-employed" reason groups the "independent professions - indication of the activity carried out" and "skills and talents" residence permits; - the "investor" reason groups the "skills and talents" and the "exceptional economic contribution" residence permits; - the "business owner" reason groups the "skills and talents" and "independent professions - indication of the activity carried out" residence permits. For example, it is possible for an employee living in France under an "employee" residence permit to change status and request a "skills and talents" residence permit, if they meet the conditions.

18 18/69 To the reason Family Educati EU Blue card Highly Employe Scientist- Self- Business Seasonal Intra- Investor Asylum Victim of From the reason on Researcher qualified worker e employed Owner worker Group Mobility seeker human trafficking Family Education N/A Researcher N/A Scientist- EU Blue card N/A Highly qualified worker Employee NO NO Selfemployed Business owner Seasonal worker Intra-Group Mobility NO N/A NO N/A Investor Asylum seeker NO N/A Victim of human trafficking N/A

19 19/69 Q2c. Description of the impacted by a change of status and summary of the specific situation in France. The different analysed (legal assistance, political, access to employment, social security, education, duration of stay, mobility, family reunification) are described below according to the foreign worker's status if the status impacts the considered right. Legal assistance is open to all. Legal assistance, which allows people with limited resources to benefit from full or partial coverage by the State of legal fees and costs, is only subject to the condition of legal and habitual residence, although exceptions exist (in the case of retention in waiting zones, expulsion measures, placement in a detention centre, etc.). Political (right to vote and eligibility) are not recognised for third-country nationals, regardless of their status. Access to employment Family Student Scientists Employee Selfemployed The "private and family life" residence permit gives the right to exercise all professional activities (employed or self-employed). No work authorisation is required. During their studies, the temporary residence permit indicating "student" only allows the right to carry out employed work as a secondary activity, up to 60% of the annual work duration, i.e. 964 hours. Algerian national students are exceptions; they must request a temporary work authorisation from the territorial unit of the DIRECCTE of their place of residence before starting their activity and can work up to 50% maximum of the annual work duration. The temporary residence permit indicating "scientifique-chercheur" (scientistresearcher) limits the exercise of the professional activity to the professional project indicated in the hosting agreement. The holder of this permit may not exercise a professional activity other than that of researcher or teacher for which they obtained the permit. They must only carry out the activity for the authorised organisation that signed the hosting agreement. The temporary residence permit indicating "employee" (or "temporary worker" if the work contract is for a duration under 12 months) limits the exercise of the professional activity to the work and remuneration conditions indicated in the work contract. In the event of a new contract or modification to the employment and remuneration conditions, they must request a new work authorisation. Access to all employed work is possible from the second renewal. For two years after the first issuance of the EU blue card, its holder can only exercise the professional activity for which the permit was issued. They then have access to the highly qualified activity of their choice. The "employee on assignment" and "skills and talents" residence permits limit the exercise of the professional activity to the terms of the professional project indicated on the work contract. The work authorisation is issued for a job in a region. Changes to the employment and/or remuneration conditions require a new request to be filed; this will be subject to all the criteria in the Labour code, and in particular, the employment situation in the geographical zone. These provisions limit, therefore, the workers' mobility, at least during the first 2 years. The "profession libérale" (self-employed), "commerçant" (trader), "skills and talents and "exceptional economic contribution" residence permits issued for the exercise of a self-employed, commercial, industrial or artisanal activity, limit the exercise of the professional activity to the terms of the approved professional project.

20 20/69 Social Security All foreign nationals legally living in France are covered by the French social security system. However, the coverage conditions vary according to the status: a change of status leads, therefore, to a modification in the social security 'régime'. Universal healthcare coverage (couverture maladie universelle) (CMU) applies to applicants who have their legal and habitual residence in France, but who lack sufficient resources. This coverage applies, therefore, to people who do not have a professional activity. Student Employee Selfemployed Student social security system. Right to refund of health care in the event of illness or maternity throughout the duration of the university year. The modalities of affiliation to the student social security vary according to the student's age during the university year and the profession of the parent of whom the student is a beneficiary. General social security system. Health, maternity, invalidity and death insurance provisions, subject to meeting certain conditions, in particular, a minimum number of working hours or a minimum amount of contributions and a minimum duration of registration over a given period. Work accidents - occupational diseases assurance from their hiring. Social protection for the business owner or self-employed worker depends on the legal status chosen. Education and Training The conditions for access to education depend on the status of the applicant, who must legally reside in France: there are specific provisions for professional training for employees managed by companies, for training for job seekers as well as training for young people under 25 years who have failed academically. There are no provisions for self-employed and business owners who must finance their own training. Implemented by the French Office for Immigration and Integration (Office français de l'immigration et l'intégration) (OFII), the reception and integration contract (contrat d'accueil et d'intégration) (CAI) is destined to all new migrants who wish to settle in France for the long term. The contract's signature is compulsory for beneficiaries of a temporary residence permit authorising the exercise of a professional activity, scientists-researchers, foreign nationals holding temporary artistic and cultural profession residence permits and for those with private and family life residence permits 12. Training is offered as part of the CAI: 12 However, other categories are exempt from signing the contract: foreign nationals who do not intend to stay for a long time in France (holders of "temporary worker", "seasonal worker" or "employee on assignment" residence permits, spouses of scientists-researchers whose permit is for under one year), international talented workers that France wishes to attract (holders of an EU blue card or "skills and talents" residence permit), as well as foreign nationals who have already spent several months in France and/or are reputed to have already acquired the necessary knowledge, in particular linguistic knowledge (students who have followed higher education studies in France for at least a year or who have carried out their education in a French secondary school abroad for at least 3 years).

21 21/ hours of free linguistic training for newly-arrived foreign nationals whose level of French is considered insufficient, allowing them to reach the level A.1.1 in the language; - a professional skills assessment (up to three hours) carried out by a service provider on behalf of the OFII, which allows CAI signatories to know and highlight their qualifications, experience and professional skills as part of their job search, and guide them accordingly 13. Duration of stay The duration of stay depends on the reason for which the foreign national is authorised to stay in France: all changes in status imply a possible change in the duration of stay depending on the new residence permit issued. Family Student Scientist Employee Selfemployed "Private and family life" residence permit under common law: 1 year. "Private and family life" residence permit issued to a foreign national whose spouse/parent holds a "skills and talents", "employee on assignment"/"eu blue card" residence permit:3 years (same duration as the worker). But the right to stay in this category of foreign nationals results from that of the worker, it is not an autonomous right. This category of foreign nationals may not change status except in specific circumstances. "Private and family life" residence permit issued to a foreign national who is a victim of human trafficking: 1 year during the criminal procedure / 10 years if the accused person is definitively convicted.. One year residence permit for students registered in a Master, multi-year permit for a maximum duration of 4 years depending on the duration of the forecast study cycle or the remaining duration of the study cycle. For a duration corresponding to the envisaged research work, up to 4 years. "Employee" residence permit: 1 year. "Temporary worker" permit: from 3 to 12 months depending on the work contract. "EU Blue card" permit: from 1 to 3 years depending on the work contract. "Employee on assignment" and "skills and talents" residence permits: 3 years. "Artistic and cultural profession" residence permit:3 to 12 months depending on the work contract. Self-employed: 1 year (3 years if "skills and talents" residence permit). Business owner: 1 year (3 years if "skills and talents" residence permit). Investor: 3 years if "skills and talents" residence permit or 10 years if "exceptional economic contribution" residence permit. Mobility All foreign nationals legally living on French territory may move freely. However, if a foreign national wishes to work in a different region from the one in which they received a work authorisation, they must request a new authorisation. A work authorisation is issued for a specific job in a specific region. Any change in employment and/or remuneration conditions requires a new authorisation application to be filed, which will be subject to all the criteria of the Labour code, and in particular, the employment situation in the geographical zone. These provisions limit, therefore, the mobility of foreign workers. However, holders of "employee" temporary residence permits and the EU blue card may carry out all remunerated activities from the second renewal. 13 The draft law on the of foreign nationals in France has the aim of implementing a customised integration path and will replace the CAI by a Republican integration contract. Thus, the professional skills assessment will be abolished.

22 22/69 With regard to intra-eu mobility, all foreign nationals legally staying on French territory may freely move within the Schengen area for a period not exceeding 3 months. However, only the provisions with regard to the EU blue card and the "scientist-researcher" permit allow for facilitated intra-eu mobility within the framework of the respective European directives 14. Family reunification A foreign national who wishes to be joined by their spouse and/or minor children must have legally stayed in France for at least eighteen months; at the time of the request application, they must hold either a temporary residence permit for a validity of at least one year, or a resident card, or a receipt for the renewal of one of these permits. They must also justify stable and sufficient resources to ensure the reception of their family in France in good conditions and accommodation considered normal for a comparable family living in the same geographical region. Students who cannot prove stable and sufficient resources (most students cannot justify stable resources at least equivalent to the SMIC) and foreign nationals who do not habitually reside in France, as they only stay occasionally or for a given period (in particular, seasonal workers, interns) are effectively excluded from this mechanism. However, to attract foreign talented workers admission conditions for their families may be relaxed. There is a simplified "accompanying family" ("famille accompagnante") procedure for the spouses of foreign nationals holding "employee on assignment", "EU blue card", "skills and talents" and "scientist" residence permits, that allows families to accompany the professional worker. These are not subject to the conditions required for family reunification. However, family members do not benefit from a separate right to stay, as this derives from that of the worker; they must, therefore, leave France once the professional worker having completed their assignment can no longer stay on the territory. Asylum seekers who have obtained refugee status can be joined by their spouse and/or children under a dedicated "family reunification" mechanism. Q3. List the procedural facilitations in place (in comparison with criteria for first time applicants listed in Section 1) if the criteria to change status are different from those of first time applicants. As indicated in question Q2a) and b), the criteria are the same as for first time applicants. The procedures and processing times are identical. There are no specific procedural facilitations for a change of status. Applicants for EU Blue Cards benefit from a shorter processing time (90 days) as stipulated in the directive 2009/50/EC of 25 May 2009 setting out the conditions for entry and stay of thirdcountry nationals for highly qualified employment. This processing time applies for first time applications and changes of status. 14 Directive 2005/71/EC of the Council of 12 October 2005 on a specific admission procedure for third-country nationals for scientific research / Directive 2009/50/CE of the Council of 25 May 2009 establishing the conditions for the entry and stay of third-country nationals for highly qualified employment.

23 23/69 Similarly, the duration of the residence permit may be extended depending on the permit's reason (see Q2 a) and b)) after the application for a residence permit for another reason without this criteria being linked to a change of status application. France has not really developed the option of applying online, although some prefectures have implemented this possibility for some categories, sometimes only for the interview appointment, sometimes for sending documents. However, no measures specifically concern the change of status (see point 4.2 on good practices). Only foreign students who have obtained a diploma at least equivalent to a Master in France and who apply for a temporary residence authorisation (autorisation provisoire de séjour) (APS), to look for work in line with their education, in accordance with article L of the CESEDA, benefit from a simplified procedure to change from the status of student to that of employee (see point 4.2 on good practices). Q4. What are the main actors / institutions involved in the development of such measures? If multiple actors are involved, how are they coordinated? The foreign national who wishes to apply for a residence permit for another reason must submit an application to the prefecture of their residence, in accordance with the conditions stipulated in articles L and R of the CESEDA (related to the application times), supported by the required documents for the status requested. The prefecture services check the conditions associated with the legality of the stay, compliance with family and professional criteria (outside of the exercise of remunerated employment), the accommodation, respect for public order, etc. The prefecture then processes the residence permit request. It may request the opinion of different players knowledgeable in the exercised activity to confirm that the exercise of this activity will be in conformity with the legislation and will allow the applicant to obtain sufficient resources. Thus, to exercise a self-employed, commercial, industrial or artisanal activity, the prefecture must check, in particular, the economic viability of the project, the capacity for this activity or company to provide the applicant with the necessary resources and compliance with current legislation 15. It can request an opinion from the Department Directorate for Public Finances (direction départementale des finances publiques) or all other relevant departments to answer these questions. For an artist exercising their activity as a self-employed worker, the prefecture may request checks by the Regional Directorate for Cultural Affairs (direction régionale des affaires culturelles) on the commercial contract and the reality of the activity, in connection with the creation or exploitation of intellectual works 16. If the new residence permit requires the exercise of salaried activity and, therefore, the issuancee of a work authorisation, the prefecture transmits the application to the Foreign Workforce Service (service de la main d'oeuvre étrangère) (SMOE) at the DIRECCTE, who checks, in particular, 15 Article R to 3 of the CESEDA. 16 Article R of the CESEDA.

24 24/69 the conditions of employment and remuneration with regard to the criteria stipulated in article R of the French Labour Code. The prefecture will decide on the residence permit application based on these opinions. Q5. Do specific institutional communications channels offer information on the possibility to change status? Currently, three main official sites co-exist to obtain information on residence permit applications. However, none of these sites specifically concern status changes. A dedicated website for the reception of foreign nationals 17 put online in November 2014 was jointly developed by the Directorate for Legal and Administrative Information (Direction de l information légale et administrative) (DILA) and the General Directorate for Foreign Nationals in France (Direction générale des étrangers en France) (DGEF) at the Ministry of the Interior. It meets the objectives of improvement and simplification to the reception of foreign nationals in Prefectures. It provides the necessary information according to the foreign nationals' status (residence permit application, request for international protection, family reunification, travel for foreign children, access to French nationality). The foreign national can obtain the list of documents corresponding to the new status they are requesting: 17

25 25/69 They can then access the local information entered by the prefectures (competency determined by the home address) for the application modalities. A dedicated site to promote professional immigration 18 jointly edited and managed by the DGEF and OFII presents each status and also indicates the list of documents required by status and the procedure, depending on whether the application is for an initial request or a change of status. This site provides information in French and English. Extract from the page on the scientist-researcher status: 18

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27 27/69 Lastly, the official website for French administration attached to the Prime Minister 19 also provides information on all status types, but does not have a specific tab for status changes. 19