New circular 2025 on the regularization of undocumented immigrants in France

The new circular on the regularization of undocumented immigrants, does that mean anything to you? When I heard about this text signed by the Minister of the Interior, I told myself that we really had to dig into the subject. Because, frankly, we are talking about thousands of people who live in France, sometimes work in essential sectors, but who remain in the shadows due to a lack of papers. So, what changes with this circular? Why is it causing so much debate? And above all, what does it mean for undocumented immigrants and their families?

Background and history

When we talk about regularizing undocumented immigrants in France, it is impossible not to mention the Valls circular, adopted in 2012. At the time, the idea was clear: to humanize the procedures and offer solutions adapted to individual situations. This circular allowed foreigners in an irregular situation to request a exceptional admission to stay (AES) for various reasons: work, private and family life or even medical reasons. The stated objective was to promote a "lucid and balanced" immigration policy, while taking into account human realities.

But this approach never gained unanimous support. Some saw it as too permissive, while others criticized its uneven application across prefectures. In practice, it served as a guide for examining applications on a case-by-case basis, but it did not have the force of law. Prefects therefore had considerable leeway in deciding whether or not to accept an application.

In January 2025, a turning point occurs with the Retailleau circular. This text repeals the Valls circular and marks a notable hardening in the philosophy of regularization. Where the old text sought to balance humanity and pragmatism, the new one emphasizes the control of migratory flows and the exceptional nature of regularizations. Clearly, it is now a question of limiting these admissions as much as possible while strengthening the requirements for integration.

This change is part of a tense political context surrounding immigration, with the government's stated desire to respond to the expectations of a section of public opinion demanding greater firmness. The Retailleau circular considerably reduces the room for maneuver for applicants while giving prefects even greater discretionary power. The result: a more restrictive policy that is already giving rise to much debate and concern.

The main changes introduced by the Retailleau circular

With this new circular, the Minister of the Interior, Bruno Retailleau, clearly wanted to mark a turning point in the policy of regularizing undocumented immigrants in France. By replacing the Valls circular of 2012, this text introduces stricter criteria and restricts the possibilities of exceptional admission to stay (AES). Here are the main changes to remember.

The circular is applicable from this morning. The prefects received it yesterday evening. The objective is to fight against illegal immigration and not to regularize at full speed. pic.twitter.com/GlZjDkBXr3

— Bruno Retailleau (@BrunoRetailleau) January 24, 2025

An extended period of presence

One of the major changes concerns the minimum period of residence in France to be eligible for regularization. While the Valls circular required a presence of five years (or even three years in certain specific cases), the new circular raises this threshold to at least seven yearsThis duration is now presented as a "relevant integration indicator". This means that people who have been in France for less than seven years will have little chance of having their application accepted.

Priority to professions in demand

The circular places particular emphasis on regularizations through work, but only in so-called “under tension” sectors. These professions, which are struggling to recruit, include construction, catering and agriculture. To be eligible, an undocumented worker must meet the following criteria:

• Provide proof of having been present in France for at least seven years.
• Have worked for at least twelve months in a job in demand over the last three years.
• Present an employment contract or a promise of employment.

However, these criteria exclude several categories of precarious workers, such as temporary workers or part-time employees, who were previously taken into account under the Valls circular.

Drastic reduction in regularizations for family reasons

The Retailleau circular also tightens the conditions for regularizations based on private and family life. This reason, which represented a significant share of exceptional admissions (around two thirds in 2023), is now severely limited. For example:

• Parents of children who have been in school for at least three years or spouses of foreigners in a regular situation will now have to use more traditional legal channels to obtain a residence permit.
• The minimum period of residence for these cases also increases to seven years.

In short, the aim is to significantly reduce the number of regularisations granted for these reasons.

Strengthening integration requirements

Integration becomes a central criterion in the examination of applications. From now on, prefects must ensure that applicants meet several conditions:

• French language proficiency : Applicants must prove their language level via a diploma or official certification (e.g. DELF or TCF). Simple basic oral proficiency is no longer sufficient.
• Adherence to republican values : Foreigners must sign a commitment affirming their respect for fundamental principles such as gender equality and secularism.

These requirements aim to strengthen the link between regularization and integration into French society.

Systematic obligation to leave French territory (OQTF)

Another significant new feature: in the event of a refusal of an AES application, an OQTF is now systematically issued by the prefect. This means that rejected foreigners will be officially ordered to leave French territory. This measure aims to dissuade applications deemed unfounded and to strengthen the effectiveness of expulsions.

Removal of the common framework

Unlike the Valls circular, which served as a uniform guide for all prefectures, the new directive gives prefects more freedom in assessing applications. This could lead to significant disparities in the processing of applications depending on the department and increase the risk of arbitrariness.

Comparison with the Valls circular

To fully understand the impact of the new Retailleau circular, it is essential to compare it with its predecessor, the Valls circular of 2012. These two texts embody very different visions of the regularization of undocumented immigrants in France, both in their objectives and in their application criteria.

Table of differences

A different philosophy

The Valls circular was based on a more humane and flexible approach, with the aim of finding a balance between firmness and pragmatism. It recognised the social and economic realities of undocumented migrants and sought to offer them a legal way out of the shadows. For example, parents of children in school or people with family ties in France could hope for regularisation after five years of residence.

On the other hand, the Retailleau circular adopts a much more restrictive philosophy. It emphasizes the control of migratory flows and insists on the exceptional nature of regularizations. The objective is clearly to reduce the number of admissions for residence while strengthening the requirements related to integration.

Practical impacts for undocumented immigrants

The implementation of the Retailleau circular, which came into force in January 2025, has direct and profound repercussions on the lives of undocumented migrants in France. This text, which toughens the conditions for regularization, changes their daily lives, their opportunities and their prospects for integration. Here is an overview of the main practical impacts.

Increased precariousness for undocumented workers

For undocumented immigrants working in essential sectors such as construction, catering or agriculture, the Retailleau circular introduces stricter criteria for regularization through work:

• The minimum period of residence increases to seven years, compared to three or five years ago.
• Workers must prove that they are employed in a so-called "stress" sector, which excludes many precarious or informal jobs.
• A certificate of proficiency in French is now mandatory.

These new requirements considerably complicate access to a residence permit for these workers, who often remain exploited in the shadows. In the absence of regularization, they continue to suffer increased precariousness, without social rights or legal protections, while contributing to the French economy.

Families face increased obstacles

Undocumented families are among the most affected by this reform. The circular severely limits regularizations for family reasons, which represented up to two-thirds of exceptional admissions to stay (AES) in 2023. From now on:

• Parents of children in school must prove that they have been present in France for at least seven years.
• Prefects are encouraged to favor traditional legal channels (such as family reunification), which are often difficult for these families to access.

As a result, many families risk remaining in a prolonged irregular situation, despite their social and educational integration.

Integration hampered by linguistic requirements

The requirement for official certification attesting to mastery of French (such as the DELF or the TCF) is a major new obstacle for undocumented immigrants. Many do not have access to the necessary training or do not have the financial means to take these tests. This language barrier reinforces their exclusion and limits their chances of regularization.

An increase in refusals and OQTFs

The Retailleau circular imposes a systematic Obligation to Leave French Territory (OQTF) in the event of refusal of regularization. This means that:

• Rejected applicants immediately find themselves under threat of deportation.
• Administrative appeals are becoming more complex and costly.

This deterrent measure risks intimidating certain undocumented immigrants and reducing the number of applications filed, even when the criteria are met.

Increased territorial disparities

By removing the common framework established by the Valls circular, the new directive leaves a wide margin of discretion to the prefects. This results in:

• An inequality in the processing of files depending on the department.
• Increased uncertainty for applicants, who do not always know how their cases will be assessed locally.

Lawyers and associations now play a crucial role in supporting undocumented immigrants in the face of this administrative variability.

A psychological and social impact

Finally, this reform has a considerable human impact:

• It prolongs uncertainty and anxiety among undocumented immigrants.
• It hinders their social and economic integration by limiting their rights.
• It reinforces their isolation in the face of a society that seems to close more doors to them.

How do associations perceive Retailleau's new rules?

Humanitarian associations perceive the Retailleau circular as a brutal and inhumane hardening of French migration policy. Several organizations, such as La Cimade, the Human Rights League (LDH) and France Terre d'Asile, have expressed their indignation at this text, which they consider to be a direct attack on the fundamental rights of migrants.

Main criticisms of associations

1. Reinforcement of precariousness and exploitation:
   Associations denounce the fact that this circular pushes more undocumented workers into clandestinity. By imposing a minimum period of seven years to apply for regularization, it prolongs situations of economic and social exploitation. The Union syndicale Solidaires, for example, emphasizes that these workers, essential to sectors such as construction and catering, find themselves without rights or social protections, at the mercy of unscrupulous employers.
2. Reduction of regularizations for family reasons:
   The LDH is particularly critical of the new restrictions on family regularizations. It believes that these measures break up families and plunge school children into uncertainty, even though they are integrated into French society.
3. Unrealistic language requirements:
   The requirement for applicants to prove their mastery of French via an official certification is considered absurd by several associations. They point out that many undocumented immigrants do not have access to the resources necessary to reach this linguistic level or to finance these certifications.
4. Stigmatization and ignorance of the law:
   Visit Cimade denounces growing stigmatization humanitarian associations by the Minister of the Interior, who accuses them of having a "political agenda". She recalls that their role is to inform and defend the rights of migrants, in accordance with the law. 
   These criticisms come in a context where the government seems to want to reduce the independence of associations in terms of legal advice.
5. Increase in OQTF:
   NGOs also point to the automation of the Obligations to Leave French Territory (OQTF) in the event of refusal of regularization. They believe that this measure unnecessarily aggravates human suffering and contributes to an ineffective and unjust policy.

Conclusion

The new Retailleau circular marks a turning point in the policy of regularizing undocumented immigrants in France. With stricter criteria, priority given to occupations in demand, and a drastic reduction in regularizations for family reasons, this text reflects a clear desire to toughen the conditions for admission to residence. But behind these measures lie complex human realities: workers who are essential to the economy, families who have been integrated for years, and individuals simply aspiring to a dignified life.

For undocumented immigrants, this reform represents a real obstacle course. Between increased requirements, discretionary power of prefects and the constant threat of an OQTF, their chances of regularization become more limited than ever. The social, economic and psychological impacts are considerable, not only for them but also for French society as a whole.

So, should we favour firmness over humanity? The question remains open and continues to fuel an intense public debate. What is certain is that this circular poses a major challenge: how to reconcile migration control and respect for fundamental rights? Collective reflection is required to find a balance between these two imperatives.