Background information

Exceptional admission to residence is a special procedure for obtaining a residence permit, granted through the discretionary powers of local authorities (prefects). As the AES is not the usual route to immigration and access to residence, the circular asks prefects to be stricter in applying regularization conditions. The administrative document, which updates the "circular Valls" from 2012, is based on the Law 2024-42 from 26 January 2024. The new general guidelines aim to refocus this procedure on foreigners in irregular situations by directing prefects to issue residence permits requested on the basis of employment in accordance with Article L.435-4 of the Code governing the entry and residence of foreigners and the right of asylum (CESEDA). Under this provision, undocumented migrants who have worked for at least twelve months over the past two years in a job or geographic area experiencing labour shortages may be granted legal residency.

Content of measure

The exceptional admission to residence procedure can be applied in certain private or family situations, as well as in cases related to employment - detailed in the case "FR 2024-4/3742" In employment-related cases, the Law 42 of 26 January 2024 introduces options specifically for sectors experiencing labour shortages. Outside of these sectors, eligibility for the procedure remains possible under certain conditions, at the discretion of the prefects. The general guidance states that prefects should use the exceptional admission to residence procedures primarily for sectors with labour shortages. It also modified the conditions of regularization previously in effect and strengthens the integration criteria: - "undocumented" foreigners must now have been present in the country for at least seven years, compared to five years previously, to obtain a residence permit. - requires the signing of a contract of commitment to respect the principles of the Republic (personal freedom, freedom of expression, equality between women and men, secularism, etc.); - requires proficiency in the French language "appreciated favorably" by a French diploma or a language certification issued by an accredited body. Until now, "at least basic oral proficiency in the French language" was sufficient. - reiterates that a threat to public order, an unfulfilled obligation to leave French territory (OQTF), or polygamy are grounds for refusing regularization. The rejection of the application must systematically be accompanied by a measure establishing an OQTF.

Use of measure

No information is available on the estimated impact or use of the measure.

Target groups

Workers	Businesses	Citizens
Undeclared workers Migrants or refugees in employment	Does not apply to businesses	Migrants or refugees

Actors and funding

Actors	Funding
National government Local / regional government	No special funding required

Social partners

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

	Trade unions	Employers' organisations
Role	No involvement as case not in social partner domain	No involvement as case not in social partner domain
Form	Not applicable	Not applicable

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

• No involvement
• Main level of involvement: N/A

Involvement

No information is available on the involvement of social partners in the design, implementation, and monitoring of the general guidances offered by the measure.

Views and reactions

Several associations and employers have expressed concern about the reduction in regularisations as the procedure has become more restricted. Additionally, the discretionary powers of prefects remain a point of concern. The general guidance also fails to clarify how the measure applies to cases related to family and private life.

Sources

• 26 January 2024: Loi n° 2024-42 du 26 janvier 2024 pour contrôler l'immigration, améliorer l'intégratio (www.legifrance.gouv.fr)
• 03 October 2024: Préfecture de l'Oise : Admission exceptionnelle au séjour (www.oise.gouv.fr)
• 24 January 2025: Circulaire : Orientations générales relatives à l’admission exceptionnelle au séjour prévue aux articles L.435-1 et suivants du code de l’entrée et du séjour des étrangers et du droit d’asile (www.legifrance.gouv.fr)
• 31 January 2025: NGO Assessment: "Loi asile et immigration, un an après le triste bilan des droits bafoués" Un an après, le triste bilan des droits bafoués (emmaus-france.org)