the government begins to backtrack on the regularization of undocumented workers

2023-10-18 07:29:12

Will the current climate get the better of the left leg of the “immigration” bill? After the Arras attack, the text, which must be examined in the Senate from November 6, is at the heart of the debates. While the Les Républicains (LR) party makes article 3, which plans to simplify the regularization of undocumented workers in professions in shortage, a ” Red line “ and threatens not to vote for the bill, the provision might be buried. In any case, its scope has been greatly reduced.

The executive has been thinking for weeks regarding how to proceed and might ultimately favor the creation of a new regularization circular rather than creating a residence permit as of right, through the law. On September 24, the President of the Republic, Emmanuel Macron, himself opened the door to a modification of the text. “On this, I think there is an intelligent compromise to be found”he emphasized, on TF1 and France 2.

Place Beauvau, we are now suggesting that a new circular might see the light of day. It would not replace that of 2012 known as the “Valls circular”, which lists criteria for regularization for family or professional reasons and which prefects apply in a discretionary and very different manner depending on the territories. Thanks to this regulatory text, around 30,000 people are admitted to stay each year.

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The objective of the additional circular which the Ministry of the Interior is considering would be to allow workers in professions in tension to be regularized “bypassing the power of the employer”specifies Mr. Darmanin’s entourage. “It’s not regarding creating a flow [d’immigration] but to be sincere [régulariser] un stock »which the services estimate at around 8,000 people per year.

Dussopt always “open to form”

Today, if he wants to request regularization through the Valls circular, an undocumented worker must not only prove that he has lived in France for at least three years, present a certain number of pay slips, but he must also ask their boss to complete an official hiring form. Article 3 of the bill planned to break this “lock” for the employer in professions in tension and to create a right to regularization subject to three years of presence in France and eight pay slips.

Place Beauvau, we might now be satisfied with a circular which would have the advantage of “keep the discretion of the prefects”. Regularization would therefore not be automatic but would remain at the discretion of the State services in the departments.

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