IMMIGRATION AND INTEGRATION BILL
EXPLANATORY STATEMENT
Since 2002, the control of immigration has once again become an essential priority of the action carried out by the Government. Law n ° 2003-1119 of November 26, 2003 relating to immigration control, the stay of foreigners in France and nationality was the first step in the reform of immigration policy.
The fight against illegal immigration is determined. The lengthening of the duration of administrative detention and the setting by prefects of annual targets for escapes to the border have made it possible to double, in three years, the number of expulsion measures executed: 10,000 in 2002, 12,000 in 2003, 15,000 in 2004 and 20,000 in 2005. The objective of 25,000 renewals in 2006 was set by the Minister of State, Minister of the Interior and Regional Planning. To this end, the administrative retention capacity has been developed (less than 1,000 places in 2002, 2,500 places in 2007). The implementation of the “biometric visa” system facilitates the identification, and therefore the escort to the border, of illegal migrants who remain in the territory after the expiry of their short-stay visa. Very firm diplomatic steps have been taken with regard to uncooperative countries in the issue of consular passes essential for the escort of their nationals to the border. A voluntary return assistance system, implemented since the summer of 2005, is gaining momentum.
At the same time, a significant drop in the number of asylum requests was recorded – under the effect of Law No. 2003-1176 of December 10, 2003, which abolished territorial asylum and streamlined the procedure for admission to refugee status. . From 20,000 in 1997 to 82,000 in 2002, the number of asylum seekers fell: 65,000 in 2004, 60,000 in 2005.
After ten years of strong growth, since 2004 we have witnessed an overall stabilization of regular migratory flows. The number of the first residence permits issued (excluding Community nationals) has been steadily increasing since 1997 (118,750 in 1997, 158,978 in 2002, 165,359 in 2003); it stabilized in 2004 (167,570) and fell in 2005 (164,234).
The results recorded since the 2003 reform, however, only constitute a first step in controlling migratory flows.
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Immigration today remains unrelated to France’s reception capacities and its economic needs.
Immigration for professional purposes, which represents barely 7% of flows, has seen a marked decrease (48,202 in 1998 to 11,094 in 2004, outside the European Union). This unregulated situation is not favorable either to the French economy or to the development of the countries of origin.
Immigration for family reasons remains, in fact, dominant. If family reunification stricto sensu has stabilized, the number of permits issued for “private and family ties” has increased significantly, under the effect of so-called “legal” regularizations.
The integration of migrants into French society is insufficient. Many immigrants do not have the framework to ensure their integration: a job, housing, sufficient knowledge of the French language – all necessary conditions which must be redoubled by a desire for integration, a personal commitment of the migrant to respect the principles of the host Republic.
To fight against the immigration undergone, to promote a chosen immigration and a successful integration, in the interest of France as in the interest of the countries of origin, new legal instruments are necessary. That is the purpose of this bill.
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First of all, it is a question of regaining a quantitative control of migratory flows. To this end, the Government will present to Parliament each year, in its report on the orientations of immigration policy, multiannual quantitative objectives.
The report will indicate on a forecast basis the number, nature and different categories of long-stay visas and residence permits that will be issued during the three years following the year of its submission to Parliament, distinguishing in particular the admission to residence for employment, study and family reasons.
These objectives will take into account the demographic situation of France, its growth prospects, the needs of the labor market and the reception capacities of our country with regard to the conditions for the proper functioning of public services and social mechanisms likely to be to be called upon in the context of the reception and integration of migrants.
The report to be submitted to Parliament in July 2006 will include, for the first time, these forecast quantitative targets.
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The Government intends to promote, within this framework, selected immigration. This is the purpose of Title I of the bill.
The first chapter sets out the general provisions on the entry and residence of foreigners in France.
The Article 1 establishes the principle that obtaining a long-stay visa is necessary for the issuance of a temporary residence permit to foreigners allowed to stay permanently in the country suffer, upstream , of a choice by the consular authority, in their country of origin.
The section 2 is a coordinating item with Article 1, which lists the exceptions to the requirement of long-stay visa for certain categories of residence in the area of private and family life, according to the law currently in force.
The Article 3 generalizes the reception and integration contract, which must be signed by all foreigners admitted for the first time to stay in France and wishing for residency.
Defined in Article L. 117-1 of the Code of Social Action and Families, the contract, which commits the State and the signatory foreigner, is the first step in the integration of the foreigner into society. French. The foreigner will receive civic training, including a presentation of the institutions and values of the Republic, including equality between men and women. They will also benefit from language training and, where appropriate, a professional skills assessment.
An article L. 311-7 of the code on the entry and stay of foreigners and the right to asylum is created in order to establish a link between the reception and integration contract and the assessment of the condition of Republican integration to which the issuance of certain residence permits is subject. This condition must be met by foreigners applying for a 10-year resident card on the basis of articles L. 314-8, L. 314-9 and L. 314-10 of the code on the entry and stay of foreigners and asylum, after five years of legal residence in the national territory or after two years of legal residence if they entered by family reunification or if they are holders of a residence permit as a parent of French child.
The condition of republican integration must also be fulfilled, henceforth, by foreigners who have been staying regularly in France for eighteen months and requesting the benefit of family reunification for members of their family, on the basis of article L. 411- 5 of the code of entry and stay of foreigners and the right of asylum.
The Article 4 amends the definition of the condition of republican integration, which will now be assessed in the light of three factors: foreign personal commitment to the principles that govern the French Republic, effective compliance with these principles and sufficient knowledge of the French language.
The chapter 2 defines the conditions under which foreign students will now be allowed to enter and stay in France.
The Article 5 allows the delivery of a multi-year residence permit for a maximum of four years, the student abroad, the first temporary residence permit expires, when admitted to in a nationally accredited higher education institution, training with a view to obtaining a diploma at least equivalent to a master’s degree. This multi-year card may also be granted to holders of a temporary residence permit marked “scientific”.
The Article 6reorganizes the provisions relating to the temporary residence permit marked “student”. The Government has already redefined, by means of a circular addressed to all heads of diplomatic and consular posts, the criteria for issuing long-stay visas for studies. From the start of the 2006 academic year, students benefiting from a visa will be chosen according to a new multi-criteria system (taking into account several points: the study project, the academic and personal background, language skills, bilateral relations as well as interests of France and the country of the foreign student), in addition to the current criteria (resources, enrollment in an educational establishment, absence of threat to public order). This system supports the development of “
The bill completes the reform of visa issuance by simplifying the conditions for admission to stay, according to a simple principle: the student who has obtained a long-stay visa under certain conditions benefits, as of right, from a residence permit valid during the year of arrival in France. The following are concerned: students chosen within the framework of an agreement signed between the State and the higher education establishment, French government scholarship holders as well as students from countries which have signed a reciprocity agreement with France.
It is also proposed to adapt the conditions for issuing a work permit to young foreign graduates who have just obtained a diploma in France at least equal to the master’s, when they wish to supplement their training with a first professional experience. in our country with a view to returning to their country of origin. During this six-month period, the young graduates will indicate to the State services the nature of their professional project as well as its interest for the economic development of their country. If they find a job related to their training, and the level of remuneration for which will be fixed by decree, these young graduates will benefit from a residence permit allowing them to work in France, for a period of one year that can be renewed. .
The chapter 3 reform the regime of stay of foreigners admitted to France to take up employment.
The Article 7 modifies the eligibility criteria of the residence card marked “visitor” by excluding this title foreigners who wish to exercise professional activity is not subject to authorization under Article L. 341-2 of the labor code. This category is in fact now issued the residence card provided for in article L.313-10 of the code on the entry and stay of foreigners and the right of asylum, amended by article 9.
The Article 8 full article L. 313-8 of the Code of entry and residence of foreigners and asylum concerning the conditions of issuance of the temporary residence permit for “scientific” statement. It aims to transpose the provisions of Council Directive 2005/71 / EC of 12 October 2005 relating to a specific admission procedure for third-country nationals for the purposes of scientific research.
The Article 9 amends the provisions relating to foreign workers who will be issued a temporary residence permit indicating an occupation.
The 1 ° confirms the common law of admission to stay for professional reasons: the issuance of a renewable one-year residence permit to a foreigner holding a work contract approved by the administrative authority in accordance with the provisions of Article L. 341-2 of the Labor Code. It is however provided that, for the exercise of a salaried professional activity in a trade and a geographical area characterized by recruitment difficulties and appearing on a list drawn up by order of the administrative authority, the residence permit is issued to abroad without the employment situation being opposable to him. In this case, the card is withdrawn in the event of termination of the employment contract and, if this termination is attributable to the employer,
2 ° concerns the category of workers currently benefiting from the card bearing the mention “visitor” modified in article 7.
3 ° reiterates the current provisions applicable to foreigners exercising a commercial, industrial or craft activity.
The 4 ° allows the issue of a residence permit to seasonal workers, in order to encourage their return to their country of origin between two contracts, by offering them the guarantee of being able to work again in France the following year, under reserve to obtain a new contract for the duration of the validity of this card, which may not exceed three years. The two essential conditions for obtaining this title are, on the one hand, that of a habitual residence outside France, on the other hand that of a period of work not exceeding six months in one year.
The Article 10 provides, on the one hand, the withdrawal of a stay abroad ceases to fulfill the conditions in view of which it was granted and, secondly, the complete control device against undeclared work . The foreign employer of an illegal worker may be the subject, for a maximum period of three years, of a ban on exercising a professional activity in France as from his removal.
The Article 11creates a card bearing the mention “skills and talents”, valid for three years renewable, whose purpose is to facilitate the conditions of admission to stay for foreigners likely to participate in a significant and lasting way in economic development or to the influence, in particular intellectual, cultural and sporting of France in the world or to the economic development of their country of origin. The administrative authority will choose the beneficiaries of this card taking into account the foreign project and the interest of this project for France and the country of origin. The “skills and talents” card will allow the exercise of any professional activity. The stay of the family of the holder of this card will be facilitated by the automatic issue of a card of the same type.
The purpose of article 12 is to facilitate the task of control officers fighting against illegal work, by giving them the possibility of requesting the services of sworn interpreters for the control of the regulations on foreign labor and secondment. transnational workers.
The Article 13specifies the conditions for issuing and validating work permits. The first paragraph of Article L. 341-2 of the Labor Code is amended to move the reference to the compulsory medical examination to Article L. 341-4: in fact, Article L. 341-2 is not applicable only when entering France, whereas Article L. 341-4 is applicable to any foreigner authorized to work in France. Paragraphs 2 and 3 of Article L. 341-4 specify the possibility of professional or geographical limitation of work authorizations, as well as the principle of limiting the work authorizations issued there to mainland France. Paragraph 4 of Article L. 341-4 authorizes the competent administrative authority, i.e. mainly the foreign labor services of the departmental labor directorates,
While the current article L. 341-6 of the labor code confines itself to recalling the prohibition of the employment of a foreigner without a work permit, article 14 aims to prescribe the obligation for the employer to verify the validity of this title.
The Article 15reinforces the system governed by Article L. 341-6-4 of the Labor Code, which sets out the conditions under which a principal must obtain from his co-contractor a certificate specifying whether foreign workers will be employees and, in this case, whether they are in possession of a work permit; if the principal has not been given this document and if it turns out that his co-contractor or his subcontractor employs foreign workers without a title authorizing them to work, the principal order can be held jointly responsible for the payment of a special contribution for the benefit of the national agency for the reception of foreigners and migration (ANAEM). It is proposed, on the one hand, to oblige the principal to request the certificate in question every six months and, on the other hand,
The Article 16 states that the fee paid by employers of foreign workers to the national agency for attracting foreign and Migration (ANAEM) must be at the first issuance and renewal of work permits.
The Chapter 4 is devoted to the entry and residence of nationals of the European Union.
Under article 17 , nationals of the European Union, of States parties to the European Economic Area and of the Swiss Confederation who wish to establish their habitual residence in France will make a declaration to the administrative authority. It is a question of being able to identify these European nationals, who are no longer required to hold a residence permit since the law of November 26, 2003.
The Article 18transposes Directive 2004/38 / EC of April 29, 2004 on the right of Union citizens and members of their families to move and reside freely within the territory of the Member States. It defines the main categories of foreigners who can benefit from a right to stay in France, by distinguishing, on the one hand, the period of the first five years of stay and, on the other hand, the right of permanent residence granted to the end of this period. Article L.121-2 sets the conditions for admission to residence of nationals of the European Union, of States party to the European Economic Area and of the Swiss Confederation. Article L. 121-3 is devoted to their family members who are nationals of third countries. Article L.
The Chapter 5 concerns foreigners enjoying the status of long-term resident within the European Union. It transposes Directive 2003/109 / EC of 25 November 2003 relating to the status of third-country nationals who are long-term residents.
This directive establishes a harmonized status which tends to be closer to that enjoyed by nationals of Member States of the Union who have exercised their right to free movement. It differs from the resident statuses already existing in the Member States, which may continue to be granted under more favorable conditions.
The directive defines, on the one hand, the conditions of access, in a first Member State, to the status of long-term resident within the European Union and, on the other hand, the conditions of admission to residence in the territory of a second Member State of the third-country national holding the status of long-term resident-EC in a first Member State as well as members of his family.
The Article 19 introduced into the code of entry and residence of foreigners and asylum L.313-4-1 an article that defines the reasons and conditions for admission to stay in France nationals of countries third parties holding long-term resident status in another Member State. The reasons given can be of three types: coming to France to study or take vocational training; exercise a professional activity there; remain there as a visitor.
Under the conditions to be met in order to be admitted to stay in France, third-country nationals holding long-term EC-resident status in another Member State must, whatever the reasons given in support of their intention to stay in France, justify own resources, which may not be lower than the minimum monthly growth wage, to meet their needs and, where applicable, those of their family, as well as health insurance. If he wishes to stay in France in order to exercise a professional activity, he must first be authorized to do so in accordance with the provisions of common law, that is to say, in the case of a salaried activity, after opposition from the labor market market.
The Article 20 deals with the arrangements for admission to stay in France third country family members of a national of holder in another Member State the status of EC long-term resident exercising his right to mobility within the European Union and requests the right to reside in France. His spouse and his children who accompany him or join him obtain a residence permit bearing the mention “private and family life” if they can prove that they have legally resided in the other Member State with the long-term resident-EC, of resources. stable and sufficient health insurance.
The Article 21 provides that the temporary residence card issued to family members of third-country national holder in another member state of the status of long-term residence allowed to stay with him in France does not entitle the exercise of a professional activity in the year following its first issue.
The Article 22 modifies the conditions of loss of foreign resident card that will take up residence outside France, which are different depending on whether the residence card marked “long-term resident-EC” or not.
The Article 23 supplements Article L. 314-8 of the Code of entry and residence of foreigners and asylum, specifying the conditions of issue in France of the residence card marked “resident long-term-CE ”to which third-country nationals who have legally resided in France for at least five years for reasons which are not exclusively temporary – that is to say those who are staying at the end of their studies , members of diplomatic and consular missions and those who benefit from asylum protection cannot claim it – and who also prove stable and sufficient resources, in an amount at least equal to the minimum growth wage monthly, to meet their needs without resorting to social minima.
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The Title II is on immigration for private and family life patterns.
The first chapter contains general provisions.
The purpose of article 24 is to draw the consequences of the simplification of the system for verifying foreign civil status documents envisaged by article 6 of the current draft law relating to the control of the validity of marriages and of marriage. regularity of foreign civil status documents.
The Article 25 reiterates the principle provided for in Article L.311-3 of the Code of entry and residence of foreigners and asylum that the obligation to hold a residence permit for minors foreigners concerns only those aged between sixteen and eighteen who wish to exercise a professional activity. This is to remove the ambiguity resulting from the current wording of 1 °, 2 ° and 10 ° of article L.313-11, of article L.313-13, of 1 ° of article L.314-9 and 2 °, 8 ° and 9 ° of L.314-11 which gave rise to litigation at first instance.
The Article 26 amends the conditions of the issuance, as of right, the temporary residence card marked “private and family life”.
In the first place, it is proposed to extend the benefit of this card, at his majority, to the foreigner who has been entrusted, since he reached the age of sixteen, to the service of social assistance to childhood and who has enrolled in a path of integration that he wishes to pursue. The objective is to enable these young foreigners, supported by the general councils who participated financially in their training, and who have not reached their majority for the three years of residence required to subscribe to an acquisitive declaration of French nationality, to stay regularly in the territory.
Secondly, it is proposed to repeal the provisions allowing a foreigner who can prove that he has resided in France for more than ten years or more than fifteen years if, during this period, he has stayed as a student, d ” obtain, as of right, a temporary residence permit bearing the mention “private and family life”.
Thirdly, in order to fight against the diversion of marriage for migratory purposes, it is proposed that the issuance of a residence permit bearing the mention “private and family life” to spouses of French nationals should henceforth be subject, not only to the regularity of their entry into France, but to the possession of a visa intended for a stay of more than three months or a valid residence permit of at least one year.
Finally, it is proposed to specify the criteria for assessing personal and family ties taken into account under the provisions of 7 ° of article L. 313-11 of the code on the entry and stay of foreigners: the length of service, the stability and the intensity of these personal and family ties in France, the means of existence, the accommodation conditions as well as the republican integration into French society.
The Article 27 allows the administration to withdraw a residence permit to a spouse of French national, for breach of common life, in the four years following the marriage.
The Article 28 amends the conditions of access to the residence permit the issue of which is subject to a regular length of stay.
Like family members authorized to stay in France for family reunification and French parents of children, French spouses who request the issuance of a resident card will now have to meet the integration condition in particular. provided for in article L.314-10. Associated with the verification of the continuity of the community of life, the appreciation by the prefects of the good integration of the foreigner into French society will make it possible to fight more effectively against all fraudulent marriages and against forced marriages.
Consistent with the conditions for acquiring nationality by marriage, modified in article 63, the period of regular stay prior to the possibility of obtaining a resident card is set at three years.
Finally, the length of regular stay required of family members authorized to stay in France under family reunification and of French parents of children to access the resident card is also increased from two to three years.
The Article 29 amends the conditions of issue of right of residence card.
The abolition of the automatic issuance of the resident card to French spouses after two years of marriage is a coordination provision with Article 28.
The amendment of 8 ° of article L. 314-11 of the code on the entry and stay of foreigners and the right to asylum makes it possible to transpose the provisions of Council Directive 2003/86 / EC of 22 September 2003 on the right to family reunification, which require Member States to authorize the entry and stay for the purposes of family reunification of direct ascendants in the first degree of an unaccompanied minor who has obtained refugee status.
It is proposed to abolish the automatic issue of the resident card to nationals who can prove more than ten years of legal residence.
The Article 30 transposes a provision of Directive 2004/81 / EC which provides for the issuance of residence permits to third-country nationals victims of trafficking in women and other violations of human dignity (exploitation of begging, slavery … ) who testify or make a complaint against the perpetrators of these offenses. The temporary residence permit, provided for by the current article L. 316-1, does not meet the security standards of Community regulation 1030/2002. These people will be issued with a card bearing the mention “private and family life”, a general formula which meets the need not to identify its holder by inserting a note referring to the peculiarity of his situation.
The Article 31 gives the administration the possibility for breach of common life, to withdraw the residence permit, and not only the temporary residence permit issued to the spouse of a foreign national legally authorized to join him under family reunification.
The chapter 2 reform the conditions for family reunification, in accordance with the provisions of Directive 2003/86 / EC of 22 September 2003 on the right to family reunification.
The Article 3 2 Fixed to eighteen months instead of one year, regular free time in France prior to the filing of an application for family reunification.
The Article 33 specifies the methods for calculating the applicant’s required resources, which the social minima are expressly excluded. Finally, foreigners who request to be joined by their spouse and minor children in the context of the family reunification procedure will have to justify complying with the conditions of republican integration into French society, assessed in particular with regard to their commitment. staff to respect the principles which govern the French Republic, effective respect for these principles and sufficient knowledge of the French language.
The integration condition will be assessed by the administrative authority, which may, under the terms of Article 34, seek the opinion of the mayor of the municipality of residence of the family, who is already requested to assess the conditions of resources and housing of the applicant.
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The Title III is on expulsion measures.
The Article 35 provides, by amending Article L. 213-1 of the Code of entry and residence of foreigners and asylum, the ability to deny access to French territory overseas which is the subject to a prefectural order for escort to the border issued less than a year earlier on the basis of 8 ° of II of article L. 511-1 of the same code. It is a question of giving the decree of escort to the border taken on this basis an enforceable character for a period of one year from its enactment. The placement in detention is provided for by point 5 of article L. 551-1 of the same code which provides that the placement in detention is possible when the foreigner who has complied with the removal measure has returned to France while this measure is still enforceable.
The Article 36 amends Article L. 222-6 of the Code of entry and residence of foreigners and asylum, which governs appeals from orders of the judge of freedoms and detention refusing the extension of maintenance of a foreigner in the waiting area. The principle of the non-suspensive nature of the appeal is maintained. However, a suspensive character as of right is given to the appeal filed by the public prosecutor within four hours from the notification of the order of the judge of freedoms and detention. The foreigner can, in this case, ask the first president of the court of appeal or his delegate to put an end to the suspensive effect of the appeal.
The Articles 37 and 38 changing the titles of Title 1 of Book V of the Code of entry and residence of foreigners and asylum, as well as its first chapter, to include the creation of the obligation to leave French territory.
The Article 39 creates, in I of Article L. 511-1 of the Code, an obligation to leave French territory. The aim is to simplify administrative and judicial procedures, while respecting the rights of foreigners.
Currently, the refusal to issue or renew a residence permit, as well as the withdrawal of a residence permit, are accompanied by an invitation to leave French territory, which in itself has no enforceable force. The observation by the prefectural services of the maintenance on French territory beyond the time limit for voluntary departure may give rise to the issuance of the deportation order to the border.
It is proposed that the refusals of a residence permit, refusal of renewal and withdrawals of a residence permit be accompanied by a decision requiring them to leave French territory, which can be executed automatically one month after notification of the refusal or of withdrawal. This reform will make it possible to lighten the administrative tasks devolved to the departments of the prefectures and should reduce the number of disputes, since the obligation to leave the territory accompanying any refusal of stay and the expulsion decision will no longer give rise to disputes. distinct. The rights of the foreigner are preserved.
Foreigners subject, in accordance with the provisions currently in force, to deportation orders to the border in application of 3 ° and 6 ° of Article L. 511 are affected by the decision to leave French territory. -1. In addition, there are European nationals referred to in Article 14 of Directive 2004/38 / EC of the Council of the European Union. The right of residence of European Union nationals is not, in fact, unconditional; the directive provides for the possibility of expelling a national of a Member State for reasons other than public order when, becoming an unreasonable burden on the social assistance system of the host Member State, he no longer justifies the maintenance of his right of residence.
The sections 40 and 41 inserted in Articles L. 511-2 and L. 511-3 of the Code of entry and residence of foreigners and asylum references amendments under Article 39.
The section 42includes the list of categories of foreigners currently protected against deportation to the border by amending article L. 511-4 of the code on the entry and stay of foreigners and the right of asylum so that it applies also to the obligation to leave French territory. The 1 ° includes the obligation to leave French territory. 2 ° draws the consequence of the repeal, by article 26, of 3 ° of article L. 313-11 of the same code. The 3 ° draws the consequence of the modifications introduced by article 28. It makes the protections against expulsion from which French spouses benefit from the conditions of issue of the resident card. The duration of marriage allowing the spouse of French to be protected against an extension measure is increased from two to three years and the community of life is appreciated since the marriage. Similarly, the 4 ° operates, in 8 ° of article L. 511-4, the alignment with the modifications introduced by the bill for the appreciation of the community of life since marriage. The 5 ° ensures, in article L.511-4, the transposition of the directive n ° 2004/38 / CE with regard to the protection against the expulsion, on the one hand of the family members of the nationals of the States members of the European Union, of the other States party to the Agreement on the European Economic Area and of the Swiss Confederation, beneficiaries of the right of residence provided for in the third paragraph of Article L. 121-3 of the Code,
The Article 43 replaces Article L. 512-1 of the code entry and residence of foreigners and asylum by a set of provisions relating to administrative procedures and litigation applicable to the obligation to leave the territory French.
The first two paragraphs organize the judicial procedure by opening to the foreigner who has been the subject of an obligation to leave the French territory within a period of fifteen days following its notification an appeal to the administrative court, suspensive of the decision in as long as it bears the obligation to leave French territory. The system adopted fully preserves the right of the foreigner to a suspensive appeal against the measure of obligation to leave French territory that can be executed ex officio, while allowing litigation to be initiated upstream of the enforcement procedure. . It is possible, in accordance with the procedure of common law, for the foreigner who lodged his appeal within the time limits, to complete it during the fifteen days preceding the expiry of his voluntary departure period. The administrative judge rules within two months. This period is reduced to 72 hours when the foreigner is placed in administrative detention.
The third paragraph provides for the application of the provisions of Title V of the aforementioned code, relating to administrative detention, at the expiration of the one-month period allotted to the foreigner to voluntarily leave the territory.
The fourth paragraph provides for the consequences of the annulment by the administrative court of the obligation to leave the administrative territory, which will result in the issuance of a provisional authorization to stay abroad until the administrative authority statue again.
The fifth paragraph provides that the appeal is exercised within one month with the territorially competent court of appeal.
The new provisions introduced by article 43 lead, by article 44 , to postpone article L. 512-1 of the code of the entry and the stay of the foreigners and the right of asylum, relating to the deportation to the border, in article L. 512-1-1.
The Article 45 introduced by Article L. 512-2 of the Code the result of the reform of the administrative justice code under section 62 of the bill seeking to allow the president of the Administrative Court the appointment of honorary judges for the litigation of the escort to the border.
The Article 46 is a coordinating article amends Article L. 512-3 relating to detention.
The Article 47 aligns Article L. 512-5 of the Code of entry and residence of foreigners and asylum on the changes introduced by Article 62 of the bill. In addition, it removes transitional provisions.
The Section 48 modifies the title of Chapter 3 of Title I of Book V of the Code to incorporate the creation of the obligation to leave French territory.
The Article 49 aligns Article L. 513-1, on the implementation of Office of the decree of deportation, on the changes introduced by Article 62 of the bill.
The Article 50 incorporates in the first paragraph of Article L. 513-2, on the designation of the country of reference, the creation of the obligation to leave French territory.
The Article 51 inserts in Article L. 513-3 of the code entry and residence of foreigners and asylum law litigation of the decision fixing the country of return, an I saying that the judicial appeal against the decision fixing the country of return which aims to fulfill an obligation to leave French territory, must be presented at the same time as the appeal against this decision.
The Article 52 provides a legislative basis in Article L. 513-4 of the Code, the arrest of a foreign subject to an obligation to leave French territory and justifying a failure to leave French territory.
The section 53 is a coordination section, which amends Article L. 514-1 of the code.
The Article 54amends Article L. 521-2 of the same code in order to adapt the regime of so-called relative protections against expulsion to the changes in the law of residence introduced by other provisions of the bill. In 1 °, by coordination with article 28 of the bill, the duration of marriage allowing the spouse of French to be protected against an expulsion measure is increased from two to three years, the community of life being appreciated. since marriage. 2 °, by coordination with article 26 of the bill, repeals the protection enjoyed by foreigners who have resided in France for more than fifteen years against expulsion. The 3 ° transposes the directive n ° 2004/38 / CE by creating protection for the nationals of the Member States of the European Union,
The Article 55 changes the 3 of Article L. 521-3 of the Code of entry and residence of foreigners and asylum to align the regime called absolute protection against expulsion on the changes introduced by article 28 of the bill: the duration of marriage allowing the spouse of French to benefit from this protection is increased from three to four years, the community of life being appreciated since the marriage.
The Article 56 , which transposes Directive 2003/109 / EC concerning the status of third-country long-term residents, amends Article L. 531-2 of the aforementioned Code to allow, for reasons of public order, the readmission of a foreigner holding a long-term EC resident card in the Member State which issued this card.
The Article 57 amends Article L. 551-1 of the code entry and residence of foreigners and asylum law placement in administrative detention, to clarify that can be placed in administrative detention before foreign be returned to the border in execution of a judicial ban on the territory as well as foreigners subject to an enforceable obligation to leave French territory.
The Article 58 amends Article L. 552-5 of the aforementioned Code, which defines the regime of house arrest a foreigner whose judge of freedoms and detention denies the continued detention. The foreigner will have to justify, at the request of the judge, the effectiveness of his domicile in the place of summons. The judge will also set the times and places at which the alien assigned to residence must appear.
The Article 59 amends Article L. 552-10 of the aforementioned Code, which governs appeals the judge’s orders liberties and detention refusing the extension of maintaining a foreigner in administrative detention. The reform proposed in article 36, with regard to waiting areas, is also in terms of administrative detention.
The Article 60 amends Article L. 624-1 of the aforementioned Code, which defines the penalties that could be imposed abroad evading the execution of a deportation order. Among these measures, it is appropriate to include the obligation to leave French territory as well as the deportation order to the border taken on the basis of 8 ° of II of article L. 511-1 of the code.
The Article 61 amends 130-1-1 and 130-1-2 Articles of the Criminal Code relating to the protection against the pain of exclusion order, by coordinating with the changes introduced by the bill regarding the right the stay of the spouses of French nationals.
The Article 62 creates in the Administrative Justice Code Article L. 222-2-1 giving presidents of the administrative courts may designate administrative fees for judges in disputes relating to refusal and withdrawal of residence permits, the obligations to leave French territory, the deportation orders to the border and the decisions fixing the country of return.
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The Title IV contains the provisions relating to nationality.
In order to fight against possible frauds in the acquisition of French nationality through marriage, it is proposed in articles 63 to 67 to modify the provisions of articles 21-2, 21-4 and 26-4 of the civil code and to draw the full consequences of the reform thus undertaken by the modification of article 21-22 of the civil code and by the repeal of 1, 2 ° and 5 ° of article 21-19 of the same code.
The purpose of article 63 is to increase from two to four years the period of community of life necessary to subscribe to the declaration of French nationality and this, on the condition that at the date of this declaration, the community of both emotional life. that material has not ceased between the spouses since the marriage.
Under this new system, when the couple can prove that they have lived together for four years, the foreign spouse must also certify that they have been living in France without interruption and have been lawful for three years. Otherwise, it will have to be justified of a community of life of the couple of at least five years.
Such conditions should make it possible to subordinate the acquisition of French nationality by the foreign spouse to his full integration into the French community without the possibility of fraud.
Strengthening the conditions for acquiring French nationality appears to be an effective instrument in the fight against these abuses of the institution of marriage and in improving the living conditions of women.
Indeed, the community of life presupposes the respect of the duties and obligations arising from marriage and the adhesion of the spouse to a system going well beyond simple cohabitation. The uninterrupted and regular residence in France for three years guarantees the integration of the person into French society, in particular through the establishment of continuous neighborhood or neighborhood links.
In the absence of such a residence, the community of living for five years with a French spouse should make it possible to presume the integration of the applicant while preserving the principle of the acquisition of French nationality by reason of the marriage of the French residing in abroad.
The section 64 extends by one year the opposition period left to the administrative authority by Article 21-4 of the Civil Code, which was insufficient to allow the Ministry of Employment, Social Cohesion and housing to initiate certain opposition procedures in good time. Facts justifying a lack of assimilation or an indignity (generally convictions pronounced abroad) can indeed be revealed after the recording of the declaration and thus too late to allow the direction of the population and migrations to initiate opposition proceedings.
The Articles 65 and 66repeal certain exemptions from the internship referred to in article 21-19 of the civil code. The 1 ° of article 21-19 allows in its current wording the naturalization without condition of internship of the minor child who has remained a foreigner even though one of his parents has acquired French nationality on the sole condition of residing in France at the when the naturalization decree is signed (article 21-16 of the civil code). The current internship exemption does not make it possible to ensure the conditions of integration and assimilation of this child in the French community, even though he may have resided since his birth in a foreign country. It is therefore proposed to submit his naturalization to residence in France for five years, a period of common law internship in order to ensure his integration (article 65). This repeal results in the deletion of the first sentence of article 21-22 of the civil code (article 66). The 2 ° of article 21-19 gives the possibility to the spouse and the adult child of a person who acquires or has acquired French nationality to acquire this nationality without condition of prolonged residence in France, this residence being required only when the decree is signed. The scope of this article is wide since it may concern the child residing abroad who has not been seized by the collective effect of article 22-1 of the civil code, the foreign spouse of ” a person having acquired French nationality by marriage, the spouse of a foreigner acquiring French nationality after marriage. Nationality assuming an effective link between an individual and a State, it appears desirable that the existence of family links be acquired in France for a certain period before allowing naturalization. It is therefore proposed to subject the foreign spouse and the adult child to the five-year common law internship conditions before acquiring French nationality (article 65).
Finally, it is proposed to make the naturalization of nationals of territories or states over which France has exercised its sovereignty or its tutelage subject to a five-year residence in France. Indeed, if the links of France with these countries remain privileged, the observation must be made that the people acquiring French nationality by decree are for the great majority aged less than fifty years and that they were born and have were raised in these countries after their independence. In view of the time that has elapsed since the independence of these territories and the need to see this new generation of men and women acquire French nationality at the end of full integration, it seems useful to establish an obligation for them to residence on French soil for at least five years.
The section 67 extends by one year the deadline provided for in paragraph 2 of Article 26-4 of the Civil Code, permitting the Crown to appeal to contest the registration of a declaration of nationality on account of the marriage, which would not meet the legal conditions. Today, the facts revealing that the conditions of admissibility of such a declaration are not met, can be discovered well after the recording of the declaration and deprive the public prosecutor of any recourse.
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The Title V is on asylum.
The Chapter 1 ( Article 6 8) regarding safe countries of origin. The concept of safe country of origin was introduced into French law by the law of December 10, 2003 amending the law of July 25, 1952 relating to the right to asylum; on June 30, 2005, the board of directors of the French office for the protection of refugees and stateless persons (OFPRA) adopted a national list made up of twelve countries. European Council Directive 2005/85 / EC of 1 December 2005 on minimum standards for the procedure for granting and withdrawing refugee status provides for the adoption of a minimum commune of safe countries of origin while leaving the possibility to member states to maintain or develop a national list. This option is the subject of article 68 of the bill.
The Chapter 2 is on the reception of asylum seekers. This involves clarifying the legal regime of reception centers for asylum seekers (CADA), whose capacities have been significantly increased: the number of CADA places was increased from 3,588 in 1998 to 17,470 in January 1, 2006.
The Article 69 strengthens the legal status of CADA to improve the overall efficiency of the device hosting asylum seekers while ensuring the quality of the care of these people. To this end, CADA must be distinguished from specialized accommodation and social reintegration centers (CHRS) when their missions and their audiences are different. It is therefore proposed to create a specific category of social and medico-social establishments: reception centers for asylum seekers, covered by Articles L. 348-1 to L. 348-4 of the Code of social action and families.
The missions of these centers are defined: reception, accommodation, social and administrative support for asylum seekers for the duration of their asylum application. The principle of admission to state social assistance is reinforced, with regard to reception and accommodation costs for foreigners admitted to these centers. The admission procedure to these centers is specified: admission is decided by the managers of the centers with the agreement of the competent administrative authority. It is expected that the withdrawal of authorization can now be based on non-compliance with the categories of public to be accommodated – an assumption now provided for by Article L. 313-9 of the Code of Social Action and Families, specifying the deadlines for the consultation phase prior to withdrawal, in accordance with the principle and the stages of an adversarial dialogue.
The Article 70 extends the benefit of the temporary waiting allowance to asylum seekers who currently can not request it (because of their membership of a country concerned by the cessation clause of the Geneva Convention of 1951, or ‘a safe country of origin) if they are reported by the director general of the French office for the protection of refugees and stateless persons, for humanitarian reasons.
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The Title VI contains provisions relating to immigration control overseas.
Irregular immigration takes on a particular character overseas because of the relative prosperity of overseas communities in relation to their regional environment. Guadeloupe, Guyana and Mayotte are subject to exceptional migratory pressure, unparalleled in any other part of the territory of the Republic, and which justifies measures adapted to their particular situation.
The first chapter contains provisions on entry and residence of foreigners overseas territories.
The Article 71 is intended to extend for a period of five years, the non-suspensive appeals against removal orders on the border (and now against the obligations to leave French territory) in the entire territory of Guadeloupe, where the number of orders taken by the prefect is constantly increasing and has almost doubled between 2003 and 2005. This system is already applicable in Guyana and in the municipality of Saint-Martin (department of Guadeloupe) since the law n ° 98-349 of May 11, 1998 amended by law n ° 2003-239 of March 18, 2003 for internal security.
The Article 7 2 adds Venezuela to the list of countries whose nationals may be removed from office, with their agreement, from Guyana, when they engage in illegal fishing.
The Article 73 extends the entire overseas the provisions currently provided only for New Caledonia for the application throughout the territory of the Republic of the territory bans imposed by a court sitting in a overseas collectivity or in New Caledonia, as well as measures of escort to the border and expulsion pronounced by the representative of the State in these collectivities or in New Caledonia.
The section 74 extends to Guadeloupe, the adapting the relevant provisions already in Guyana and the internal borders of the Schengen area on the summary inspection of vehicles on public roads, with the exception of passenger cars, in with a view to investigating and ascertaining offenses relating to the entry and stay of foreigners in France. This same article widens the zone of summary visits in Guyana to the whole of the national road 2, on the territory of the municipalities of Regina and Saint-Georges de l’Oyapock to draw the consequences of the completion of this road on its territory. portion going from Regina to Saint-Georges de l’Oyapock, a border town with Brazil.
The Article 7 5 allows the public prosecutor to order, Guyana, the immediate destruction of river unregistered boats that were used to commit offenses input and residing on French territory. II of the same article allows the public prosecutor to order, in Guadeloupe and Guyana, the immediate seizure and destruction of land vehicles having been used to commit the same offenses. These provisions are inspired by those introduced in article 140 of the mining code and article 23 of law n ° 94-569 of July 15, 1994 relating to the modalities of the exercise by the State of its powers of control at sea.
The Chapter 2 contains provisions amending the Civil Code and the provisions applicable to acknowledgments of paternity in Mayotte and Guyana.
The Article 76 aims to fight against complacency recognitions, putting the personal responsibility of the father who acknowledged an illegitimate child maternity expenses of foreign women in an irregular situation.
The Article 77 removes the derogation allowing, in Mayotte, to have a period of fifteen days to the birth certificate of a child to the registrar
The Article 78 restricts the applicability of the “name dation,” which carries filiation in civil status under local law, by requiring that both parents are civil status under local law. When only the father falls under the civil status of local law (therefore that the mother is subject to the civil code), the natural child recognized by the father is subject to the common law of the civil code (which imposes the father’s maintenance obligation).
The section 79 contributes to the fight against fraud paternity recognitions, applying the recognition of children made Mayotte suspension device or existing opposition for marriage of convenience.
The Article 80 extends the device section 79 in Guyana, including penal sanctions.
The Article 81 provides for criminal penalties for attempts and fraudulent recognition of paternity in Mayotte.
The chapter 3 is relative to the Labor Code of the departmental unit of Mayotte.
The Article 82 makes it easier to control the regularity of domestic workers under the rules of labor law of Mayotte.
The Chapter 4 amends the Code of Criminal Procedure.
The Article 83 allows for a trial period of five years, to check the identity of people in Mayotte and Guadeloupe in targeted geographic areas, to search and find infringements relating to the entry and residence of foreigners in France.
The Article 84 door 4 to 8 hours the time available to law enforcement in Mayotte, after an inquiry, to carry out identity verification. This extension of the length of detention takes into account the geographical particularities of Mayotte, transport times and the number of arrests made at sea, day and night.
In chapter 5 , article 85 reformulates the provisions of article L. 831-2 of the labor code relating to overseas departments, by providing that temporary residence cards and resident cards issued there only allow you to work in the department where they were issued.
The Article 86 allows the government to take by ordinance measures necessary for the implementation of this law in French Polynesia, New Caledonia, in the Wallis and Futuna Islands, Mayotte and the French Southern and Antarctic Lands.
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The Title VII ( Article 87 ) ratify Ordinance No. 2004-1248 of 24 November 2004 on the legislative part of the Code of entry and residence of foreigners and asylum, which codified the laws relating the right of entry and stay of foreigners and the right of asylum. It also ratifies the ordinance n ° 2004-1253 of November 24, 2004 relating to the conditions of entry and stay of foreigners in the overseas communities, in New Caledonia and in the French Southern and Antarctic Territories. , and the ordinance n ° 2005-704 of June 24, 2005 adapting the rules relating to the conditions of entry and stay of foreigners in Mayotte, in the Wallis and Futuna islands, in French Polynesia and in New Caledonia.