ANNUAL POLICY REPORT 2013 ON ASYLUM AND MIGRATION. French Contact Point for the European Migration Network

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1 ANNUAL POLICY REPORT 2013 ON ASYLUM AND MIGRATION French Contact Point for the European Migration Network April

2 ANNUAL POLICY REPORT 2013 ON ASYLUM AND MIGRATION French Contact Point: In France, the National Contact Point (NCP) for the European Migration Network (EMN) is attached to the Directorate-General for Foreign Nationals in France at the Ministry of Interior. Contacts - Marie-Hélène AMIEL : marie-helene.amiel@interieur.gouv.fr Head of Department for Statistics, Studies and Documentation - Raymond PRATS : raymond.prats@interieur.gouv.fr Deputy Head of Department - Ophélie TARDIEU : ophelie.tardieu@interieur.gouv.fr Coordinator of the French National Contact Point - Caroline MULLER : caroline.muller@interieur.gouv.fr Policy officer within the European Migration Network - Anne-Cécile JARASSE: anne-cecile.jarasse@interieur.gouv.fr Policy officer within the European Migration Network Address Point de contact national du Réseau européen des migrations Département des statistiques, des études et de la documentation Service de la Stratégie et des Affaires Internationales Direction générale des étrangers en France Ministère de l Intérieur Place Beauvau Paris Cedex 08 Internet sites - Official EMN website (in English): - French National Contact Point website (in French): REM 2

3 TABLE OF CONTENTS LIST OF ACRONYMS LEGAL MIGRATION AND MOBILITY Statistics Economic migration Satisfying labour market needs Skills recognition and labour matching Cooperation with partner / third countries for economic migration Efforts to mitigate 'brain drain' Efforts to avoid social dumping Highly qualified workers Intra-Corporate Transferees (ICTs) Seasonal workers Students and researchers Family reunification Promoting legal migration channels Integration Statistics Promoting integration through participation: socio-economic Promoting integration through participation: rights and obligations, achieving equal treatment and belonging Non-discrimination Cooperation, consultation and coordination of stakeholders and promoting action at local level Involvement of countries of origin Managing migration and Mobility Statistics Visa policy Schengen Governance

4 2. IRREGULAR MIGRATION AND RETURN Strengthening cooperation with third countries of transit and origin on migration management Ensure implementation of all EU readmission agreements to their full effect Enhance the capacity of countries of origin and transit to manage mixed migration flows Prevention of irregular migration from the South Mediterranean countries, Eastern partners, the Western Balkans and the African Atlantic coast Enhanced border management at the external borders Border control measures (technology, equipment and infrastructure, including systems linked to EU instruments and actions to coordinate different types of border checks) Border control measures to improve the effectiveness of controls at external borders Support to Member States experiencing disproportionate pressures at the borders (including participation in Frontex operations) Preventing and combating irregular immigration by ensuring strong and efficient border control agreements with third countries Preventing irregular migration via the Greek-Turkish border Better tackling of abuse of legal migration channels Combating and preventing irregular migration caused by visa liberalisation Combating and preventing irregular migration through misuse of family reunification Combating and preventing irregular migration through misuse of student migration Safeguarding and protecting free movement by prevention of abuse by thirdcountry nationals Enhancing migration management including cooperation on return practices Ensuring that all Member States have efficient migration management systems in place in order to be prepared for fluctuating migration pressures Maximising the potential of a common EU approach in the field of return, both voluntary and forced in compliance with existing EU acquis Statistics Other measures to combat irregular migration Developing a network of immigration liaison officers Monitoring and identifying migration routes Sanctions and measures against employers of illegally staying third-country nationals Statistics

5 2.8 The fight against facilitation of irregular migration ('smuggling') Statistics Activities to monitor smuggling The EU and international cooperation against smuggling INTERNATIONAL PROTECTION INCLUDING ASYLUM Common European Asylum System (CEAS) Statistics The implementation of the Common European Asylum System Institutional and legislative changes Jurisprudence Efficiency and Quality Challenges in the asylum field Cooperation with the European Asylum Support Office (EASO) Participation in EASO activities Provision of support by EASO to Member States Intra-EU solidarity including relocation Support to national asylum systems including relocation Statistics Enhancing the external dimension (including resettlement) Cooperation with third countries including resettlement Statistics UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS Unaccompanied minors (UAM) Other vulnerable groups Statistics ACTIONS ADDRESSING TRAFFICKING IN HUMAN BEINGS Information corresponding to the EU website on the fight against trafficking in human beings (THB) Implementation of the EU Strategy towards the Eradication of Trafficking in Human Beings: Identifying, protecting and assisting victims of trafficking Statistics Improving the identification of and provision of information to victims Protection of Child victims of Trafficking

6 5.3 Implementation of the EU strategy towards the Eradication of Trafficking in Human Beings: Enhanced coordination and cooperation among key actors and policy coherence Coordination and cooperation among key actors Coordinating EU External Policy Activities Statistics Implementation of the EU strategy towards the Eradication of Trafficking in Human Beings: Increased knowledge of and effective response to emerging concerns related to all forms of trafficking in human beings Developing an EU-wide system for data collection MAXIMISING DEVELOPMENT IMPACT OF MIGRATION AND MOBILITY Progress towards mainstreaming of migration in development policies Migrants' Remittances Working with Diasporas PROVISION AND EXCHANGE OF INFORMATION TO SUPPORT POLICY DEVELOPMENT Exchange of information at EU level Exchange of information at Regional and National levels

7 LIST OF ACRONYMS - AfDB: African Development Bank - CAI: Reception and Integration Contract (Contrat d'accueil et d'intégration) - 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) - COI: Country of Origin Information - DCPAF: Central Directorate of the French Border Police (Direction Centrale de la Police aux Frontières) - DELF: Diploma of French as a Foreign Language (Diplôme d Études en Langue Française) - DILF: First-level Diploma of French as a Foreign Language (Diplôme Initial de Langue Française) - EAC: European Asylum Curriculum - EASO: European Asylum Support Office - FLI: French Language for Integration (Français Langue d'intégration) - HCR: High Commission for Refugees - UAM: Unaccompanied minor - OCRIEST : French Office for the Repression of Unauthorised Immigration and the Employment of Foreigners without Residence Permits (Office Central pour la Répression de l'immigration irrégulière et de l'emploi d'étrangers Sans Titre) - OFII: French Office for Immigration and Integration (Office français de l immigration et de l intégration) - OFPRA: French Office for the Protection of Refugees and Stateless Persons (Office français de protection de réfugiés et des apatrides) - PARAFE : French Automated Schengen External Border Crossing System (Passage Automatisé Rapide Aux Frontières Extérieures) - CEAS: Common European Asylum System 7

8 - THB: Trafficking in Human Beings - UCOLTEM : French Unit for the Operational Coordination of Measures to Combat the Trafficking and Exploitation of Migrants (Unité de Coordination Opérationnelle de la Lutte contre le Trafic et l Exploitation des Migrants) - VIS : Visa Information System (Système d Information des Visas) 8

9 1. LEGAL MIGRATION AND MOBILITY 1.1 Statistics First residence permits, by reason 2013 First permits (all) Family reasons Education reasons Remunerated activities reasons Humanitarian reasons Other reasons Total Female Male Source: VSA/DSED/DGEF/Ministry of Interior Figures: April 7 th Economic migration Satisfying labour market needs The general criteria for assessment of the employment situation set out in 1. of article R of the French Labour Code did not change in However, one of the exemptions to this principle of labour market testing was modified, as the application of the list of 291 occupations open to EU Member States after a transitional period was extended to Croatia following its accession to the EU 1. In addition, as part of a no-vote debate on professional and student immigration organised by the Senate in April and the National Assembly (Assemblée Nationale) in June 2013, members considered the question of simplifying the rules concerning exceptions to employment status to maintain effective protection of the labour market whilst at the same time meeting the needs of our economy Skills recognition and labour matching a) Encouraging the accreditation of degrees, qualifications and skills: this assessment criterion, set out in 2 of article R of the French Labour Code did not change in b, c, d and e) The matching of labour demand and supply: not applicable 1 Ministerial decision of 28 June 2013 on the issue - regardless of employment status - of work permits to EU Member State nationals subject to transitional provisions. 2 Interior Ministry, General Secretariat for Immigration and Integration, Les données de l'immigration professionnelle et étudiante (Data for professional and student immigration) Preparatory document for the Parliamentary debate, Directorate for Immigration / Department for Statistics, Studies and Documentation, April

10 1.2.3 Cooperation with partner / third countries for economic migration No new agreements were signed in 2013, but previously signed agreements were monitored Efforts to mitigate 'brain drain' a) French policy in this area did not change in It should, however, be noted that the reorganisation of the central services of the Interior Ministry and the Foreign Affairs Ministry resulted in the integral transfer of competencies relating to development solidarity (from the Interior to the Foreign Affairs Ministry), which is one of the leverage actions in the fight against brain drain. b) The centralisation of development aid within one ministry aims to rationalise the use of credits and the overseeing of actions carried out in source countries Efforts to avoid social dumping a) Within the national plan to combat illegal work , one of the key themes concerns fraud arising from workers detached as part of the international supply of services, as this often lead to situations of social dumping, which are prejudicial to the workers concerned as well as to the national labour market. This issue builds on the new proposal for a European Parliament and Council directive relating to the execution of directive 96/71/CE concerning the detachment of workers as part of the supply of services, with the aim of better overseeing the mechanism. b) The aim is to reinforce controls to ensure that national and EU standards are respected and thus maintain a high level of social protection. c) The expected results are a reduction in the illegal use of detached workers as well as compliance with French social legislation for these workers Highly qualified workers a) Although no legislative or regulatory measures were taken in 2013, the idea of the territory's attractiveness for qualified professional migrants was the focus of several studies. Firstly, an inter-inspectorate mission published a report on attracting qualified international people in April The mission recommends an overhaul of the mechanism to make it clearer, simpler and more efficient. In particular, it proposes the creation of a new residence permit incorporating the existing categories relating to attractiveness, in order to unify the right of residence for targeted foreign nationals and their families. Within this framework and following mission proposals, thoughts have begun on the possibility of improving the way international qualified people are received. This process is on-going with 3 Inter-ministerial circular INTK C of 11 February 2013 concerning the implementation of the national plan to combat illegal work. 4 General Inspectorate for Foreign Affairs, General Inspectorate for Administration, General Inspectorate for Education and Research, General Inspectorate for Finance, 2013, Rapport sur l accueil des talents étrangers (Report on attracting qualified foreign nationals), April nts_etrangers.pdf 10

11 the aim of reaching a tangible legal translation as part of the law relating to immigration currently being prepared. With regard specifically to directive 2009/50/CE of 25 May 2009 on highly qualified workers, only the level of remuneration required to obtain a "European Blue Card" residence permit was updated in was also marked by the parliamentary debate on professional immigration and student mobility. For the first time, a no-vote parliamentary debate on professional immigration and student mobility was organised in France between the months of April and June With the aim of preparing a draft law on the subject, the government wanted to debate with Parliament on France's requirements and the strategies to implement to attract foreign talents. A preparatory document 6 was drafted by the General Secretariat for Immigration and Integration, presenting the applicable regulations and figures concerning professional and student immigration in France and major EU countries. The report provides several guidelines to strengthen France's attractiveness in this area. It was preceded by broad discussions with the main stakeholders, in particular professional organisations, universities and students and associations. The debate on professional and student immigration was held at the Senate 7 on 24 April 2013 and at the National Assembly 8 on 13 June During his speech before the Senate, the Interior Minister underlined the necessity of simplifying the procedures for professional immigration, with the aim of generalising multi-annual residence permits, improving reception conditions for third-country nationals, particularly in Prefectures, and reviewing residence permits, which are seen as too numerous. b) The main driver remains France's attractiveness policy for highly qualified foreign nationals, who are likely to actively contribute to the French economy. Several reports were published in 2013 as part of the reflection process on professional immigration and the strengthening of France's attractiveness for foreign qualified workers: Preparatory document for the Parliamentary debate on professional and student immigration The preparatory document for the Parliamentary debate starts with the observation that "professional immigration remains an immigration with limited quantitative impacts. The policy carried out over the past few years, with the aim of rebalancing the share of 5 Ministerial Decision of 17 October 2012 on the average annual gross reference salary to obtain a temporary "European Blue Card" residence permit &categorieLien=id&oldAction=rechTexte 6 General Secretariat for Immigration and Integration, Les données de l immigration professionnelle et étudiante (Data for professional and student immigration), Preparatory Document for the Parliamentary debate, April

12 professional compared to family immigration and develop the reception of qualified professional immigrants, has finally had a very moderate impact on migratory flows 9 ". Based on the analysis of statistical elements relating to professional immigration that provides an overall picture of "low volume, very diverse immigration", the report underlines that professional immigration is a relatively minor phenomenon in France, compared to other OECD countries. Thus, the report offers several observations. Firstly, it would appear that the French migratory policy aiming to encourage the recruitment of qualified workers has not seen a major shift. Next, this immigration seems to be more an immigration of movement than an immigration of installation. One of the points raised also concerns the diversity of professional residence permits, which make French migratory policy unclear. The report recommends, therefore, a rationalisation of residence permits and a harmonisation of their duration and issue conditions, to make France's actions more coherent abroad. This goes along with a simplification of administrative procedures, in particular work authorisations, and the assessment of the work status, depending on the situation. Finally, the report proposes the re-examination of the list of occupations facing recruitment difficulties, which no longer meets current needs, in collaboration with social partners and regional councils. Fekl Report 10 : "safeguarding the circuit for foreign nationals in France" This report, ordered by the French Prime Minister, aims to safeguard the circuit for foreign nationals in France. Among the main lines of action identified by the report, two concern the implementation of a multi-annual residence permit and the improvement to the reception and treatment modalities for documents submitted by foreign nationals to Prefectures. In accordance with the French President's election campaign commitment, this report recommends the generalisation of multi-annual residence permits. It points out that the current system - requiring third-country nationals to regularly go to the Prefecture - has negative effects in terms of the quality of reception and integration. These repeated visits lead to the saturation of the Prefectures' counters, on the one hand, and a weakness when dealing with employers, on the other. Deploring the reception conditions for third-country nationals and the waiting times in Prefectures, the report recommends several measures, including: - a greater transparency in the procedures; - the harmonisation of practices and treatment modalities on a national level, in the interests of equal treatment between prefectures; 9 General Secretariat for Immigration and Integration, Les données de l immigration professionnelle et étudiante (Data for professional and student immigration), Preparatory Document for the Parliamentary debate, April Fekl Matthias, Sécuriser les parcours des ressortissants étrangers en France (Safeguarding the circuit for foreign nationals in France), Report to Prime Minister, 14 May Securiser-les-parcours-des-ressortissants-etrangers-en-France 12

13 - the modernisation of treatment processes for residence permit requests, allowing third-country nationals to access basic information relating to the advancement of their application via internet. Report on Qualified foreign nationals 11 The Ministries for Foreign Affairs, Economy and Finance, Interior, Foreign Trade, Productive Recovery, Innovation and the Digital Economy, asked four general inspectorates to conduct an investigation on attracting qualified foreign nationals, with the aim of strengthening France's attractiveness. Their report identifies France's strengths and weaknesses in attracting high performers 12. The starting point for the study was that residence permits for these people do not always meet their needs in terms of duration and procedure. The mission notes that the "skills and talents" card is seen today as a failure, due to the introduction of rigid criteria which have contributed to slowing its issue. France's attractiveness for students-researchers has been weakened, in particular, through restrictions to labour market access. According to the report, "[...] it is apparent that France remains attractive for qualified foreign nationals, but that its place in international competition is threatened." The general inspectorates underline, therefore, the need to build a new reception model, including several components: - administrative simplifications in respect of residence permits, - a strategy piloted on an inter-ministerial level, - the implementation of a dynamic support policy, - an institutional communication policy on France's economic attractiveness. To develop France's attractiveness strategy for these populations, the mission proposed 26 recommendations on different subjects, including the relaxation of attribution criteria for the "employee on mission" card, the adaptation of the "commercial" card to the specificities of international entrepreneurs, the creation of a "carte blanche for France" card - defined as a unique three-year residence permit, renewable once, that combines several existing permits - and the relaxation of movement visas for certain categories. c) The expected results are primarily qualitative, although a quantitative impact could be felt without modifying the structure of immigration in France. A draft law for immigration is currently being prepared, and should be enacted in It aims, in particular, to create a multi-annual residence permit. 11 Bernard Hélène, Brassens Bertrand, Cagé Agathe, Fitoussi Bertrand, Le Vert Louis, Rapport sur l accueil des talents étrangers (Report on attracting qualified foreign nationals), General Inspectorates of the Foreign Affairs Ministry, the Interior Ministry, the Ministry for Education and Research, the Ministry for the Economy and Finance, April nts_etrangers.pdf 12 The mission worked on the following groups of people: students holding a Master 2 diploma, researchers, artistic professions, top-level sportsmen, highly qualified employees, investors and entrepreneurs, developers of specific projects contributing to the international influence of France. 13

14 1.2.7 Intra-Corporate Transferees (ICTs) With regard to employees temporarily transferred to France as part of intra-group mobility, French legislation was unchanged in France continues to participate in the finalisation of a European Directive project on this subject Seasonal workers With regard to employees who have come to France for seasonal work, French legislation was unchanged in France continues to participate in the finalisation of a European Directive project on this subject. 1.3 Students and researchers a) As part of work carried out for the previously mentioned Parliamentary debate, the general theme of administrative formalities for students was considered. Thus, the questions of the generalisation of the multi-annual residence permit for students, the de-materialisation of certain tasks in Prefectures or their transfer to universities, in a system of partnership and single platform, have been discussed as options for improvement for this population. From June 2013, the Ministries of the Interior and Higher Education and Research wanted to translate the results of the no-vote debate into tangible measures. Thus, a circular was sent to Prefects on 10 June , with the aim of generalising the issue of multi-annual residence permits for students enrolled in education leading to a degree at least equivalent to a Masters. The text reiterates the issue conditions set out in article L of the Code on Entry and Residence of Foreigners and Right of Asylum (CESEDA) and details the modus operandi to be implemented. Subsequently, the law no of 22 July 2013 on higher education and research 14 includes several provisions for foreign students and researchers. It modifies the legislative part of the CESEDA in order to continue the efforts of simplification and attractiveness for students. It also modifies access to the labour market for students via a temporary residence authorisation issued to those who obtain a degree at least equivalent to a Masters as well as the conditions for issue of a multi-annual residence permit. For these legislative changes to be applied from the 2013 "student" residence permit renewal campaign, a circular, dated 30 July , was sent to Prefects to indicate the modifications to the law and specify that the provisions should be applied immediately. The law also provided that the "scientificresearcher" card could no longer be removed from its beneficiary in case of involuntary job loss. A discussion is on-going concerning the renewal conditions for the card in this context. Finally, the law introduces the possibility of providing English language lessons in 13 Circular NOR INTV C of 10 June 2013 on the modalities of issue of multi-annual residence permits set out in the article L of the Code of Entry and Residence of Foreigners and Right of Asylum Law no of 22 July 2013 on higher education and research 15 Circular NOR INTV C of 30 July 2013 on the consequences of articles 86 and 109 of the law no of 22 July 2013 on higher education and research for the right of residence of foreign students and researchers. 14

15 universities - in a controlled way - with the aim of improving France's attractiveness for foreign students. With regard to the reception of foreign students, one of the actions identified is the installation of a reception desk within higher education establishments allowing foreign students to submit their applications for residence permits, with only the effective issue of the residence permit requiring a journey to the Prefecture. For the academic year 2013, 22 additional foreign student reception points were programmed on the basis of partnership conventions signed between universities and Prefectures. In total, 25 foreign student reception points are, therefore, operational as of autumn The extension to new sites is planned for the start of the academic year 2014 to ensure a more complete coverage of universities. Finally, preparatory work for the future draft law on immigration provides for the generalisation of a multi-annual residence permit, including all foreign students for the duration of their studies. b) The aim is to maintain France's attractiveness to foreign students and researchers and simplify immigration procedures where possible. As part of the preliminary consultations prior to the Parliamentary no-vote debate, there was a discussion on revising the idea of initial professional experience and the duration of the provisional residence permit 16. During the Senate and National Assembly debates, several ideas were presented to reinforce the attractiveness policy for foreign students and young qualified professionals. The Minister for Higher Education and Research proposed to promote the transition from student to employee status, extend the duration of the provisional residence permit and revise the idea of the enforceability of employment status 17. c) The technical measures concerning the provisional residence permit and the multi-annual residence permit should enable more of these documents to be issued. There will, therefore, be a statistical effect that will enable the benefits of these changes to be seen. 1.4 Family reunification No specific measures for family reunification were taken in Promoting legal migration channels a) The Interior Ministry website, updated in 2012 for the part concerning immigration 18, continued to regularly disseminate information concerning legal immigration, with, in 16 General Secretariat for Immigration and Integration, Les données de l immigration professionnelle et étudiante (Data for professional and student immigration), Preparatory Document for the Parliamentary debate, April Extract from the speech to the National Assembly by the Minister of Higher Education and Research, 13 June

16 particular, the bi-annual transmission of statistics and the updating of pages detailing the different residence permits. In addition, France promoted legal immigration by signing several bilateral agreements: - Decree no of 7 March 2013 publishing the understanding between the French Government and the Quebec Government on professional mobility and migrant integration, signed in Paris on 26 November 2010; - Decree no of 10 June 2013 publishing the understanding between the French Government and the Montenegro Government on mobility for young people (with two annexes), signed in Podgorica on 1 December 2009; - Decree no of 25 June 2013 publishing the understanding between the French Government and the Government of the Serbian Republic on mobility for young people (with one annex), signed in Belgrade on 2 December 2009; - Decree no of 8 July 2013 publishing the understanding between the French Government and the Government of the Special Administrative Region of Hong Kong of the People's Republic of China on the "Vacation-Work" programme, signed in Hong Kong on 6 May 2013; b) The aim is to improve the clarity of public actions and disseminate better information to public service users. c) The expected result is a reduction in the number of information requests at Prefecture reception desks, as the information can be obtained on the internet. For the bilateral agreements, the aim is to develop relationships with source countries and better manage migratory flows. 1.6 Integration Statistics The annual average unemployment rate of French citizens compared with the annual average unemployment rate of third-country nationals residing in France will be available in September 2014 (INSEE figures) Promoting integration through participation: socio-economic Reception measures for newly arrived foreign nationals Since 1 January 2007, on their arrival in France, immigrants must sign a Reception and Integration Contract (CAI), created by the law of 24 July 2006 on immigration and integration. This is destined for newly arrived foreign nationals from outside the European Union admitted to France for the first time or those who have been regularised, and who wish to settle in the country on a long-term basis. The services organised by the French Office for Immigration and Integration (OFII) as part of the CAI include: 16

17 - a one-day citizenship training course consisting of a presentation of French institutions and the French Republic's values and an "information session on life in France", to raise awareness among new immigrants of how French society operates; - language training, of up to 400 hours, but with an average length of 280 hours in 2012, for CAI signatories who have not succeeded the test of French language during their interview with an OFII auditor; - a professional skills assessment to enable CAI signatories to capitalise on their qualifications, experience and professional skills when looking for work; - social support if the personal or family situation of the signatory requires it (legal immigrants normally have access to the same social rights as French nationals). From 1 January to 31 December 2013, 108,969 reception and integration contracts were signed (101,368 in 2012); 52.3% by women and 47.7% by men. 37% of the contracts were signed by nationals of Morocco, Tunisia and Algeria, 4.5% by Turks and 4% by Chinese nationals. In 2013, 45.4% of CAI signatories were family members of a French national (mainly spouses and parents of French children), 20.2% were foreign nationals with personal and family connections to France, 8.9% were refugees or members of their families, and 8.2% entered France through the family reunification procedure. The other CAI signatories were employees (4.7%), people entering France for humanitarian reasons (5.4%) and holders of other residence permits (7.2%). 22% of CAI signatories were steered towards language training (24% in 2012). At the end of this training, 14,926 First-Level Diplomas in French as a Foreign Language (DILF) were issued. In addition, the possibility of taking a higher qualification (Diploma of French as a Foreign Language (DELF) A1) was assessed for suitable migrants. This reception mechanism having now been in place for seven years, it appeared necessary for the French government to assess its effectiveness. At the beginning of 2013, the Interior Minister, therefore, asked the General Inspectorate for Administration and for Social Affairs to carry out an assessment of this policy. The assessment mission report concluded that services provided as part of a reception and integration contract (CAI) are too standardised, without sufficient evaluation of new migrants' individual needs. The mission noted that whilst the reception policy had correctly identified that language learning and access to employment are the key focuses for integration of new migrants, the services offered had not proved their effectiveness and had not lifted the barriers to successful integration. In addition, the link between State mechanisms and local stakeholders' responses was not clear, thus weakening the effectiveness of the overall mechanism governance. In this context, the assessment mission notably recommends to: remove the integration preparation measures (pre-cai) implemented in source countries; 17

18 reinforce French language learning by increasing the level of French knowledge required after State-requested language training (passage from level A1.1 to level A1); reinforce the role of the initial individual interview currently carried out by the OFII; adapt citizenship training to the needs of new migrants; facilitate Conseil généraux (General Councils) support for the most vulnerable migrants. In fine, the assessment mission report recommends the structuring of services and their coordination in reception plans for new migrants piloted by the State on a local level, in collaboration with the different stakeholders. This assessment was integrated into a broader reworking approach to integration policy, resulting in the publication in February 2014 of a roadmap for the government for a new Republican equality and integration policy. This refocuses actions by the Interior Ministry for the reception of newly arrived foreign nationals and makes integration policy part of a new logic of access to rights with inter-ministerial governance. With regard to the reception and support policy for new migrants, the roadmap fixes three guidelines to improve and promote their rapid insertion in French society. These are to: - strengthen the requirement for knowledge of French language with the aim of supporting, as required, new migrants in language training and enabling them to reach an A1 level of French proficiency during their first year of residence in France. It should also allow them to reach the level A2 after five years, through the implementation of better coordinated language training throughout France, more adapted to migrants' needs. - guarantee the transmission of rights and obligations to the Republic by redefining the content and modalities of training on the Republican values of liberty, equality, fraternity, justice, tolerance, respect for others and 'laicity' (secularism), in a more tangible approach that better meets the needs and questions of newly arrived migrants. - guide and support the new arrivals as rapidly as possible towards common law services (school, education, employment...) by building on inter-ministerial and inter-institutional mobilisation, with the implementation of departmental reception and integration plans under the Prefects on a local level The relative priority of the acquisition of French language Training migrants in French language is the key priority of the integration policy. This involves training organised by the French Office for Immigration and Integration (OFII) as part of the compulsory mechanisms. This training benefits from additional financing from the European Integration Fund (EIF). Other training courses are supported by the State on a local level, to meet the needs for linguistic training not covered by structural mechanisms within the Interior Ministry. Attention is paid to the quality of the language training provided by training organisations and by voluntary associations to meet local needs. It is for this reason that the State is committed to validating the quality approaches based on the organisations' ability to transmit knowledge integrating the necessary tools for good integration as well as the appropriate response in terms of teaching methods and the trainers' profiles. 18

19 Professional integration for migrants Access to employment is one of the main components in the integration of migrants as it enables economic autonomy and facilitates socialisation. However, foreign nationals encounter numerous obstacles in professional insertion and are - more than others - victims of unemployment. The Ministry's actions aim to promote all opportunities to facilitate the search for employment or create their own business as soon as the migrants arrive in France, whilst encouraging employers to be more open to diversity. a) The professional skills assessment planned as part of the Reception and Integration Contract Set out in article L of the CESEDA, the professional skills assessment is organised by the OFII as part of the Reception and Integration Contract (CAI). It lasts around 3 hours, and aims to enable newly arrived migrants to capitalise on their experience, qualifications and professional skills and know-how when looking for work. The assessment is carried out before the end of the CAI, as soon as the person has sufficient proficiency in French language. In 2013, 43,865 assessments were carried out. After 3 months, 20% of those who had done the skills assessment had found a job and more than 26% after 6 months. The main economic sectors in which people have found work are the following: cleaning/domestic (19%), construction and public works (16%), hotels-restaurants (14%), personal care services (7%), commerce/distribution (7%). However, it appears that 54% of beneficiaries encounter barriers to employment, in particular due to lack of experience or qualifications (29%), lack of knowledge of job search techniques (20%), poor language proficiency (17%) or personal or family problems (15%). The assessment of this mechanism by the above assessment mission was, therefore, necessary. It was noted that the skills assessment seemed fairly poorly adapted to migrants' needs, of whom few understood the immediate interest. The mission also underlined the hybrid character of the service, mixing information on procedures to find employment, the person's education and a draft professional project. A review is, therefore, taking place on a national level to renovate this service and make it more effective for newly arrived migrants. b) Agreement with Pôle Emploi (Job Service) A multi-annual framework agreement was signed on 3 March 2010 by the Ministers for Integration (DAAEN), Employment (DGEFP), the OFII and Pôle Emploi (national public establishment for access to employment) to facilitate the orientation of jobseekers who have signed a CAI, and reduce the time to find work. Meetings are organised in the regions with the national and regional signatory parties, and monitoring committees are constituted for twice-yearly meetings. This agreement will be renegotiated in 2014, to take account of the on-going changes in the definition of the reception and support policy for newly-arrived foreign nationals. 19

20 c) Promote rapid access to employment for CAI signatories By signing partnership agreements with professional sectors confronted with recruitment difficulties, large economic networks and companies, the aim is to better guide job-seekers who have signed CAIs and to reduce the time they take to find work, whilst mobilising Pôle Emploi through the multi-annual framework agreement described above. Partnership agreements were thus signed or renewed since 2009: with professional sector representatives that are experiencing recruitment difficulties, with the aim of providing CAI signatories with information about these jobs or employment access measures in these economic sectors. Agreements with the cleaning/domestic and temporary work sectors and the transport/logistics sector were renewed in 2013; with large economic networks, to experiment direct employment access solutions with companies in some departments: access to employment forums, "job dating", coaching and sponsorships, job-seeker preparation by managers or company directors; with large industrial groups to test integration methods for newly-arrived migrants and facilitate access to occupations facing recruitment difficulties. For example, the agreement with Coca-Cola Enterprise with the aim of preparing young migrants for collective job interviews was renewed in 2013; with large associative networks, to facilitate access to employment for newly-arrived women and young qualified people. d) Encourage business creation by migrants There is a dynamic of business start-ups by foreign nationals from outside the European Union, which annually represent 7.3% (24,000) of the 325,000 start-ups in France, for 5.4% of the total active population. In addition, they create more jobs than the French ones, although the companies are more fragile, with 60% disappearing after 5 years. To promote and consolidate business creation by this population, agreements have been signed with the main start-up support and micro-credit networks, to enable them to better understand foreign or immigrant entrepreneurs and pay particular attention to the difficulties they may meet. A national conference was organised on this theme at the end of Promoting integration through participation: rights and obligations, achieving equal treatment and belonging The question of citizenship participation for foreign nationals from outside the EU resident in France saw significant advances in the 1980s with the creation of foreign residents' councils in around twenty towns to enable foreign nationals from outside the EU - who do not have the right to vote or be elected - to participate in an active, tangible way in community affairs. 19 This conference co-organised by the DAAEN and the Agence pour la création d entreprise (Agency for Business Creation) (APCE) brought together 200 people on 13 December 2013, on how to use the data on foreign entrepreneurs from the latest SINE entrepreneurs survey by INSEE, as well as lessons learned from regional interviews carried out by the APCE with foreign entrepreneur support networks. A document with action proposals was drafted following this conference. 20

21 Foreign residents' councils are similar in their role and organisation to other organisations created by municipalities, such as quarter councils or councils for environmental problems. Foreign nationals can participate in these organisations as residents, in line with the European Union definition of citizens as "all persons, including foreign nationals, who belong to the local community. This belonging implies the existence of a stable link between the individual and the community. We can consider foreign residents as local citizens or resident citizens". As consultative organisations, foreign residents' councils are places for dialogue, exchange and collective thought about town affairs, where foreign nationals who do not have the right to vote can come together as a source of proposals. The action themes are vast, with broad issues experienced by the populations from outside the EU, as well as all topical municipal subjects (environment, education, housing...). However, implementation also depends on the existence or not of a budget allowing for the promotion of specific actions from the residents' councils Non-discrimination Innovative and proactive mechanisms have been implemented particularly - but not exclusively - in the area of employment. The two main instruments to promote diversity, as an incentive-based approach, are the diversity charter (charte de la diversité) and the diversity label (label diversité). The private-initiative Diversity Charter, was created at the end of 2004 and has now been signed by more than 3,100 companies (end 2013) and other public and private structures. It is an initial approach to diversity by employers - a proactive approach to work for nondiscrimination in human resources management (recruitment, career path, remuneration). France has implemented a Diversity Label, with the aim of promoting diversity and preventing discrimination as part of human resources management, not only within companies, but also public services, territorial authorities and associations committed in a proactive way to promoting diversity. It was drafted by the State (Ministry for Integration, with the participation of the Ministries of Work and Employment), with support from the National Association of Human Resources Directors (ANDRH), and implemented through regulation (decree no of 17 December 2008). The Diversity Label is aimed at all employers, public and private, whatever their size. It covers recruitment and career management policies and the prevention of all types of discrimination recognised by law: the person's origin, age, disability, gender, sexual orientation, religion, union and mutual commitment, political opinions, etc. The Label is issued in the State's name following advice from the twenty-member labelling committee (representatives of the State, employers, unions and experts). After an audit and assessment procedure based on specifications taking into account the type of candidate structure (public or private, association, company, size, type of activity), the 21

22 "Label" is granted for four years, with an intermediate assessment after two years. To 31 December 2013, 408 legal entities had received the label, representing 818,000 employees Cooperation, consultation and coordination of stakeholders and promoting action at local level The different State policies promoting the immigrant integration are applied at local level by decentralised State services through "regional programmes for the integration of immigrant populations (programmes régionaux d'intégration des populations immigrées) (PRIPI)". Each French region drafted its programme in Under the authority of the Region Prefect, it involves different State representatives carrying out public policies likely to contribute to the integration of immigrant populations, and if they wish, territorial authorities. After three years, a national assessment of these programmes was launched in 2013 to better understand the needs for the next generation of PRIPI. The results will allow this tool to be included in the new policy for the reception of new migrants. In April 2013, as an extension of this work, France organised a European seminar on the different reception mechanisms for new migrants in Member States. To support these initial exchanges, France launched a study about reception mechanisms for new migrants within the European Union (available in 2014). The aim is to provide all Member States with a guide of the main reception measures developed in the European Union, in particular with regard to the linguistic and professional integration of migrants. In addition, it actively participates in the network of National Contact Points on integration. Finally, as part of the European Integration Forum, created by the European Commission in April 2009, to provide an opportunity for representatives of civil society to express their views on migrant integration issues and to discuss with representatives from European institutions, France mandates 3 organisations at each of the two annual sessions to be the representatives for the main themes that are the foundation for integration policy (language learning, social interpretation, integration of women, professional integration and diversity, stakeholder training and inter-cultural mediation, education questions). The French delegation is, therefore, made up of national-level organisations, which also have a federating function for the numerous associations working throughout the territory Involvement of countries of origin a) Since December 2008, France has implemented a support mechanism for migration candidates to our country, with around 50 third countries (representing 75% of the longterm family immigration to France). This mechanism, which concerns family migrants, has the aim of preparing their integration in France. During the visa application, they benefit from an assessment of proficiency in French language and knowledge of Republican values. If the person's knowledge in French is lower than the A1.1 level, the migrant must follow a maximum 40-hours training course in French. If their knowledge of Republican values is 22