Residence permit for "jobs in demand": criteria and new 2024 list

As part of its policy of integration and regulation of the labor market, France has adopted new legislation concerning illegal immigrants, offering them the possibility of obtaining a residence permit under certain conditions. The scheme, which took concrete form in the circular of February 5, 2024, specifically targets professions considered to be in short supply, by drawing up a precise list of occupations for which the need for manpower is particularly great. By recognizing professional experience in these sectors as an eligibility criterion for regularization, the government is responding both to the country's economic needs and to the precarious situation of undocumented foreign workers.

Legislative context

As part of the recent French legislation, law no. 2024-42 of January 26, 2024 brings about a significant change in the way residence permits for illegal foreign workersThis law aims to "control immigration and improve integration". The purpose of this law, which aims to "control immigration and improve integration", is to regulate immigration while facilitating the integration of foreigners through work and respect for the fundamentals of the Republic. It is accompanied by a flagship measure enabling undocumented workers to be regularized under certain conditions in the sectors facing labor shortages. These legislative provisions aim to reconcile a firm stance on public order with openness towards foreigners who contribute to the French economy. The law establishes a framework for the granting of residence permits for " jobs in short supplyThe new law, applicable until the end of 2026, is based on a case-by-case approach rather than automatic regularization, thus reinforcing the criteria for integration and commitment of foreigners in France.

A circular dated February 5, 2024 completes this law specifying the conditions for applying these measures, in particular with regard to the exceptional admission to residence through work of illegal foreign nationals. The circular modulates the procedure for exceptional admission to residence by introducing specific conditions for workers in short-term occupations, such as 12 months' professional activity in the last 24 months and at least 3 years' residence in France. The circular also stresses the need to update the list of short-stay occupations each year, in consultation with trade unions, to reflect the needs of the French labor market as closely as possible.

Eligibility criteria for "jobs in demand" residence permits

A framework has been set up to make it easier for illegal foreign workers to obtain a residence permit, provided they are working in "shortage" occupations. Eligibility for this residence permit is conditional on meeting specific criteria:

1. Professional experience

To be eligible, foreign workers must provide proof of a professional experience at least twelve months' experience, cumulative or otherwise, in a job in high demand during the twenty-four months preceding the application. This experience must be verifiable by salary slips or any other means proving the professional activity, and the job must correspond to a minimum of half-time work per month.

• Justification of experience : Applicants must demonstrate at least 12 months' work experience, cumulative or otherwise, in the two years preceding the application, in a sector identified as in shortage.
• Current job : When the prefecture examines the application, the candidate must be employed in a field listed as in tension, according to the classification established by a government decree.

2. Length of residence

Applicants for regularization must have resided in France uninterruptedly for at least three years. This condition is intended to demonstrate a commitment and a significant presence on French territory.

3. Integration into French society

The applicant's integration is another 1st-order criterion. This includes social and family integration, respect for public order, and adherence to French values and ways of life. Respect for the principles of the French Republic is also assessed.

The assessment of the applicant's integration is based on his/her adherence to the values of French society, including, but not limited to, gender equality, respect for democratic rights and the principles of the Republic, as well as his/her behavior in the area of parenting and education.

4. Criminal record

A clean criminal record is required to obtain a residence permit. This means that the bulletin n°2 of the criminal record does not contain any mention of conviction for crimes or offenses, incapacity or loss of civic rights.

Special cases

Some specific cases deserve special attention because of their unique situation or existing bilateral agreements:

Algerian, Tunisian and Moroccan nationals, as well as those from other countries, particularly in Africa Special provisions may apply to these nationalities, reflecting bilateral agreements with France. These agreements may offer admission procedures distinct from or complementary to the general rules, taking into account diplomatic or historical relations.

Excluded activities : The law provides for certain exclusions from the right to exceptional admission, notably for people who have worked with a "seasonal worker" or "student" residence permit, or who have auto-entrepreneur status. These exclusions are designed to clarify the conditions of application, and to target professional profiles that are specifically in short supply on the French labor market.

Updating the list of short-staffed professions The list of occupations considered to be in deficit is updated periodically. Prefectures must refer to the most recent list, or the one most favorable to the worker, when examining the application.

Case-by-case assessment : Although general criteria have been established, each case is assessed on its own merits.. This allows a degree of flexibility in interpreting the criteria, taking into account the specific circumstances of each applicant.

Application procedure for residence permits for jobs in demand

File preparation : The foreign worker must provide all the necessary documents to prove his or her eligibility. Documents to be submitted include proof of professional experience in a job in demand, continuous residence in France, integration into French society and a clean criminal record.

The application file must include a number of supporting documents:

• Proof of identity
• Proof of address
• Proof of professional experience
• An employment contract or promise of employment
• Proof of income

Submission of application by employee Unlike other work permit application procedures, it is the worker himself who must submit his application directly to the prefecture of his place of residencewithout intermediaries.

Application review Once an application has been submitted, it is evaluated within 90 days. During this period, the competent authorities may request additional information to confirm the details of the application. A receipt authorizing you to work will be issued to the applicant if the file is complete.

Decision and issuance of residence permit If the application is successful, the prefecture issues a temporary residence permit marked "temporary worker" or "employee", valid for one year.

Renewal The residence permit and work permit can be renewed, ensuring continuity of employment for foreign workers in the sector concerned.

2024 list of jobs in short supply to regulate undocumented migrants

The list of occupations in short supply for 2024 is diversified and covers several occupational categories, ranging from health care and personal assistance, such as care assistants and nursery assistants, to hospitality and security occupations, such as reception and security agents. It also includes professions in the food industry, with bakers and cooks, not forgetting building trades such as bricklayers and electricians. The technology and education sectors are also represented by computer developers and teachers.

The list of shortage occupations is set by joint order of the Ministers of Labor and the Interior. :

• Health and personal care Aide-soignant, Ambulancier, Auxiliaire de puériculture, Infirmier, Sage-femme.
• Services and welcome Reception and security agents, janitors.
• Crafts and food Boulanger, Boucher, Bouilleur de cru, Brasseur, Charcutier, Cuisinier, Pâtissier.
• Construction and maintenance Electrician, Mason, Mechanic, Agricultural worker, Construction worker, Plumber, Welder, Maintenance technician.
• Creative and design Hairdresser, Graphic designer.
• Education and training Specialized educator, Teacher, School teacher.
• Computers and technology : IT developer.
• Logistics and transport Driver, Delivery driver.
• Management and administration Business manager, secretary.

For more information, please visit the Ministry of the Interior website: interieur.gouv.fr