Background information

The measure aiming to restrict immigration in France has an exceptionality regarding jobs in demand. It is based on the new Article L. 435-4 of the Code governing the entry and residence of foreigners and the right of asylum, and establishes a system that allows exceptional admission to residency for employees without a residence permit in professions and geographic areas characterized by recruitment difficulties - listed by the government. The application is made by the employee him/herself. The aim of this measure is to: * strengthen the link between labor needs identified as persistent in certain professions or geographic areas and access to residence through work; * strengthen public action to prevent and combat the exploitation of workers without work permits; * ensure the autonomy of undocumented foreign nationals vis-à-vis their employers by opening up a pathway to residence at their own initiative.

Content of measure

To be eligible to the exceptional admission:

• a foreigner who has exercised a salaried professional activity listed as a profession with recruitment difficulties/ in a geographical area characterized by recruitment difficulties defined in Article L. 414-13 of the Code governing the entry and residence of foreigners and the right of asylum, for at least twelve months (consecutive or not) during the last twenty-four months, who occupies a job falling within these professions and areas and who can prove an uninterrupted period of residence of at least three years in France, may be issued a temporary residence permit bearing the words “temporary worker” or “employee” for a period of one year.

This exception excludes professional experience carried out as a "seasonal worker" as well as "student" residence permits, or asylum seeker certificate. It's conditional on the applicant's social and family integration, respect for public order, integration into French society, and adherence to its lifestyles and values, as well as the principles of the Republic referred to in Article L. 412-7 of the above mentioned code. The exception is also conditional on the absence of any mention of a conviction, incapacity, or disqualification on criminal record.

Use of measure

No information yet available.

Target groups

Workers	Businesses	Citizens
Particular professions Undeclared workers Migrants or refugees in employment	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Company / Companies Local / regional government Public employment service	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Any other form of consultation, institutionalised (as stable working groups or committees) or informal	Any other form of consultation, institutionalised (as stable working groups or committees) or informal

Social partners' role in the implementation, monitoring and assessment phase:

• Social partners jointly
• Main level of involvement: Regional or local level

Involvement

The list of occupations and geographical areas is set by decree. It is established and now updated at least once a year by the administrative authority after consultation with the social partners, on sectoral and national level. The social partner organisations were not involved in the design and implementation process, but they were consulted in the monitoring and evaluation phase. The Ministry of Labour consulted social partners on the revision of the list of jobs in demand related to the Law No 2024-42.

Views and reactions

Trade unions firmly opposed to this measure and denounced this new policy. CGT, the Fondation pour le Logement des Défavorisés, the Federation syndicale unitaire and other unions are calling for mobilizations against it. On the other hand, the employers are also worried about the impact of this measure socially and economically. They recognized that there's a need for migrants on the job market because of the economic climate.

The main trade union confederation CFDT is opposed to the principle of this list. They requested: * the inclusion in the law of clear and objective criteria for the regularization of undocumented workers, without depending on a fluctuating list of professions and a discretionary examination of the prefectures; * expanding the conditions for access to residence permits and removing overly restrictive criteria that make regularization virtually impossible; * careful monitoring of the implementation of the circular in prefectures and increased support for the workers concerned. According to CFTD, the urgent need is to ensure the dignified reception and sustainable integration of foreign workers, not an exclusionary and stigmatizing migration policy.

Sources

• 20 December 2023: La Tribune: Loi immigration : le cri d'alarme du patronat sur les métiers en tension (www.latribune.fr)
• 26 January 2024: Loi n° 2024-42 du 26 janvier 2024 pour contrôler l'immigration, améliorer l'intégration Legifrance (www.legifrance.gouv.fr)
• 21 February 2025: Le Monde: La nouvelle liste des métiers « en tension », base de référence pour accorder ou non des titres de séjour _ agriculture, aide à domicile, restauration… (www.lemonde.fr)
• 04 March 2025: Syndicalisme Hebdo : Métiers en tension : la CFDT s’oppose à la politique de précarisation des travailleurs sans papiers (www.syndicalismehebdo.fr)
• 18 April 2025: Liaisons sociales : Le détail de la loi Immigration du 26 janvier 2024 (www.liaisons-sociales.fr)