Preliminary Draft Reform of the Code for the Entry and Stay of Foreigners and the Right to Asylum – First Analysis

This analysis by the Mrap (Movement against racism and for friendship between peoples) refers to the version of the preliminary draft dated December 18, 2005 .

“  The MRAP is closely following the evolution of the different stages of this draft law which will soon be the subject of a debate in the National Assembly. Only the broad outlines of the first draft will be analyzed here.

The MRAP notes in particular:

- a desire to make foreigners legally residing in the country more precarious, in particular the extension of the time limit for switching from the temporary residence card to the resident card; multiplication of obstacles in this context; questioning of the general principle of family reunification; the removal of any right to “regularization”; a generalization of the condition of “integration”, necessarily subject to interpretation.

- an extreme “precariousness” of the situation of sick foreigners since this project de facto withdraws all rights to stay for the benefit of sick foreigners. The “urgent care” involving the vital prognosis is reduced to a skin of sorrow and is limited to a few clinical cases in the medical literature.

- a discrepancy between the common law of foreigners, as modified by the bill and the regimes established by bilateral conventions (Franco-Algerian convention of December 27, 1968 as amended, Franco-Tunisian Agreement on residence and work of March 17 1988 amended). The changes envisaged in the preliminary draft should not, unless otherwise not known to date, apply to these nationals – with the exception of the provisions relating to expulsion and asylum.  “

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