The issue of undocumented migrants in France has always been a major concern for the government and civil society. In response to this complex situation, 2023 marks the introduction of a promising initiative: regularization via a specific residence permit linked to "jobs in demand". This project aims not only to fill gaps in the French labor market, but also to provide a legal framework for those desperately seeking a path to legality.
 Update |
Job vacancies" residence permit: criteria and new 2024 list Article 2024 |
With the deployment of this new policy, France hopes to build a bridge between national economic necessities and the aspirations of undocumented migrants. In this article, we delve into the heart of this reform to understand the professions involved and the potential impact of this move on the French migration landscape.
Contents
The migration situation in France before the new law
France, with its rich history ofimmigrationwelcomes a significant number of migrants every year. A significant proportion of these are in an irregular situation, often referred to as "undocumented". This status not only represents a legal risk for these individuals, but also exposes them to situations of precariousness, exploitation and heightened vulnerability.
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Legal challenges : Being undocumented in France is a delicate situation. French law considers illegal residence in the country to be an offence that can lead to various sanctions, the most dreaded of which is the OQTF (Obligation de Quitter le Territoire Français). Once notified, this administrative decision requires the person concerned to leave France within a specified timeframe, with no possibility of return for a specific period. The complexity of immigration law makes it essential to be accompanied by a specialist lawyer, who can not only guide the undocumented immigrant through the administrative procedures, but also defend him or her in the event of a dispute with the authorities.
Regularization procedures : Fortunately, there are several ways to regularize the situation. One of these is marriage. Under article 12 of the Convention de Sauvegarde des Droits de l'Homme et du Citoyen, every individual has the right to found a family. This means that a legal marriage in France can pave the way to regularization, provided it is not entered into for the sole purpose of obtaining a residence permit.
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Entrepreneurship is another possible route. The creation or purchase of a company that meets certain requirements (notably financial) may enable you to obtain a residence permit. This requires careful planning and rigorous monitoring of tax and social obligations.
France also recognizes the right to education. Under certain conditions, undocumented migrants pursuing studies can obtain a residence permit. This applies both to minors enrolled in vocational training courses and to adults in higher education.
These different avenues for regularization reflect the French government's determination to offer integration opportunities to undocumented immigrants. However, each process has its own specificities, which is why it is so important to be properly informed and supported.
New law to regularize undocumented workers through "jobs in demand" in 2023
A new immigration bill was presented to the Council of Ministers on February 1, with a central objective: to facilitate the integration and regularization of undocumented workers via "jobs in demand". This measure is currently in the experimental phase, and will run until December 31, 2026.
Scope of the law
According to Olivier Dussopt, this law could potentially concern between a few thousand and tens of thousands of people. However, the intention of this regulation is not mass regularization.
List of jobs in short supply
The official list of "shortage occupations" was initially published in 2008, and has only been updated once, in 2021. However, consultations are scheduled for 2023 to revise the list. Some examples of trades on this list include :
- Premises maintenance agents
- Car body repairers
- Carpenters and roofers
- Paramedical professionals such as nurses and orderlies
- Skilled workers such as construction, mechanical and woodworkers
- Farmers
- Engineers and technicians
In addition, a Pôle emploi survey entitled "Besoins en main-d'œuvre" (BMO) for 2022 highlighted other professions with recruitment difficulties, such as home helps, chefs and heating engineers.
Economic considerations
Undeclared work represents a financial loss for the State, estimated at between 5 and 6 billion euros by Gabriel Attal, Minister for Public Accounts and the Budget. With this in mind, the government sees this law as an opportunity to curb this trend.
Political reactions
While this bill has many advantages, it also faces opposition, particularly from the right and extreme right. These parties are reluctant to the idea of introducing a new residence permit based on "jobs in demand.
The 2023 bill on immigration through the prism of "jobs in demand" is part of a desire to meet economic needs while taking into account the delicate situation of undocumented migrants in France. It will be crucial to monitor the evolution and implementation of this law over the coming years to assess its real impact on the ground.
Details of the potential list of "shortage occupations" for the 2023 regularization process
The implementation of the bill in 2023 is geared towards facilitating the integration of undocumented workers via "jobs in demand". This initiative is in line with the experimental approach scheduled to run until December 31, 2026. The list of occupations considered "in tension" will play a crucial role in regularizing the situation of undocumented workers.
List history
The list of "short-staffed occupations" was originally drawn up by the government in 2008, and has only been updated once, in 2021. Despite this, Olivier Dussopt has announced that consultations are planned for a revision in 2023.
Examples of jobs in short supply
Although the complete and definitive list for 2023 is not yet known, several trades have been mentioned:
- Building trades: Bricklayers, Carpenters, Roofers
- Medical sector: Nurses, orderlies, paramedical professionals
- Various fields: Maintenance workers, Car body repairers, Mechanical workers, Farmers, Technicians, Surveyors
- Based on Pôle emploi survey: Aides à domicile, Conducteurs de transport en commun sur route, Plombiers et chauffagistes, Chefs cuisiniers
Shortage occupations specific to the Paris Region
For the Île-de-France region, some professions were specifically mentioned, such as :
- Distance selling technician
- Sales representative
- Audit and financial control framework
- Design computer specialist
- Construction equipment mechanic
- Methods Technician
- Compliance inspector
- Construction site foreman, among others.
International considerations
Some countries like Benin, Burkina Faso, Cape Verde and others also have their own lists of open trades, which can give some perspective on the variability of demand internationally.
Examples of jobs in short supply :
- Premises maintenance agents
- Paramedical professionals
- Car body repairers
- Carpenters
- Charcutiers
- Truck drivers
- Mechanical workers
- Woodworkers
- Roofers
- Nurses
- Farmers
- Orderlies
- Bricklayers
- Engineers
- Surveyors
- Technicians
Pôle emploi "Besoins en main-d'oeuvre" (BMO) survey:
- Published annually.
- Last edition dated early 2022.
- Top professions with recruitment difficulties :
- Home helps and housekeepers (85%)
- Nurses (81%)
- Public transport drivers (80%)
- Plumbers and heating engineers (77.6%)
- Chefs (76,43%)
- Nursery assistants (76%)
Updating the list of "shortage occupations" will be essential to the success of Bill 2023. The inclusion of trades that are crucial to the French economy will not only meet the needs of the labor market, but also provide opportunities for those seeking to regularize their situation.
Figures on the regularization of undocumented migrants and the impact of "short-staffed jobs" in France
When it comes to measuring the impact of migration laws and policies in France, the importance of figures is well established. The figures, often evocative, give a clear perspective on the situation of undocumented migrants and the potential scope of "jobs in tension".
History of residence permits issued
- In 2020, 132,726 residence permits were granted for economic or study-related reasons. To put this figure into perspective, in 2010, the proportion was 14%.
- The year 2018 saw 13,000 applications for regularization, with only 3,428 of them having been accepted.
- In 2019, the number of applications rose to 24,432, with 6,151 of them being successful.
- 2020 saw a slight drop, with 18,000 applications submitted, but only 5,300 were accepted.
Economic impact of undeclared work
Gabriel Attal, French Minister for Public Accounts and the Budget, has highlighted the economic consequences of undeclared work. He estimates the loss to be between 5 and 6 billion euros due to undeclared work.
Job market details
- Pôle emploi's "Besoins en main-d'oeuvre" (BMO) survey, published annually, provides an overview of occupations experiencing recruitment difficulties. By way of example, in 2022, home helps and housekeepers accounted for 85% of difficulties, followed by nurses at 81% and public transport drivers at 80%.
- Out of a total of 3.5 million employed immigrants in 2017, 6% were undocumented.
- The employment rate for immigrants was 65%, slightly lower than that for natives, which stood at 68%.
Find out more about immigration in other countries
While the situation of immigrants and undocumented migrants in France is the subject of much debate, other countries have also put in place distinct policies and initiatives to manage their own migration challenges. For a better understanding of these contexts and a global view of migration trends, we suggest you consult our detailed articles on immigration in different regions of the world:
- Immigration to Canada Discover how Canada, renowned for its progressive immigration system, deals with the challenges of welcoming new residents.
- Immigration in Portugal Portugal has recently seen a significant increase in immigration. What are the reasons behind this trend, and how is the country adapting? Read the article.
- Immigration in Germany As Europe's largest economy, Germany plays an important role in European migration flows. Find out more about German immigration policies and initiatives. Read the article.
By exploring these different possibilities, you'll gain a more complete understanding of migration issues on a global scale and the different approaches adopted by each country.
4 Responses
Hello, my name is Abdelaziz, he is Moroccan by nationality, I am based in Morocco, I live in Morocco to facilitate access to the main profession, he is a graduate of the baccalaureate A1, whatever happens. I am 21 years old. I'm looking for a job, whatever it may be, to live with my family.
Bjr. How. Faire lmmigre. A. France
Ayoub from Morocco, I'm looking for a job
Hello my name is awa makadi I'm an undocumented caregiver I live in Paris