France: New Immigration Law Finally Comes Into Effect After Review by the Constitutional Court

The law provides that the previous three types of work permits are now merged into a “talent” work permit for a maximum duration of four years, which should help simplify the immigration process.

On the other hand, sanctions in cases of the employment of foreign workers without proper work permits are increased. Namely, there is a new administrative fine which may cost up to 5,000 times the hourly rate of the guaranteed minimum salary (i.e., a maximum of €20,750 in 2024) per foreign worker concerned. Moreover, the criminal fine for employing foreign workers has been doubled (from €15,000 to €30,000 per foreign worker concerned). This fine may also be applicable in case a foreign worker occupies a position that does not correspond to the professional category, occupation, or geographical area mentioned in their work permit.

Finally, a temporary regularisation scheme for illegal immigrants currently employed in sectors of activity facing work shortages, subject to the Department Prefect’s authorisation and decided upon on a case-by-case basis, will apply until 31 December 2026.

Key Action Points for Human Resources and In-House Counsel

Check that all foreign workers hold work permits, including the proper professional category, occupation, or geographical area.