The government boasts “a true balance” on his future immigration bill. Gérald Darmanin and Olivier Dussopt have unveiled, Wednesday, November 2, the main lines of this text which must be examined at the beginning of 2023. In an interview with World (article for subscribers)the Ministers of the Interior and of Labor defend a hardening of expulsions and measures for the integration of immigrant workers. “Now we have to be mean to the mean and nice to the good”, says Gérald Darmanin to sum up the philosophy of the project. Franceinfo details the outlines.
Create an “shortage occupations” residence permit
To recruit in sectors where there is a shortage of labour, the government is calling for the creation of a “short-term occupations” residence permit. “Professional organizations tell us that they need to facilitate the recruitment of foreigners. We are offering them solutions with this bill”says the Minister of Labor. “This specific residence permit will be there to regularize a situation because we demonstrate that we work in a profession in tension”detailed Olivier Dussopt, citing in particular the example of the construction industry.
In order to promote professional integration, the government also mentions the “possibility” to put an end, under certain conditions, to the waiting period which prevents asylum seekers from working during their first six months in France. It also opens the door to a reform demanded for a long time by the trade unions: allowing a worker in an irregular situation to request his own regularization, “without going through the employer”that can “find an interest” to keep him in hiding, according to Olivier Dussopt.
Improving the execution of obligations to leave French territory (OQTF)
This future law on asylum and immigration must also introduce a series of measures to make the obligations to leave French territory (OQTF) more effective. A subject that has animated the public debate since the murder of the young Lola, whose main suspect was under the influence of an OQTF. “Nearly 50% of OQTFs are subject to appeals that suspend them”advances Gérald Darmanin, who reaffirms his desire to “greatly simplify the procedures” by the way “from twelve to four categories of appeal” possible.
In addition, the Minister of the Interior asks the prefectures to carry out a follow-up of all the people targeted by an OQTF, stressing that today “tracking only exists for dangerous people”. “The prefect will ensure that their life is made impossible, for example by ensuring that they no longer benefit from social benefits or social housing”, he adds. The Minister of the Interior also wants to put an end to the “public order reservations” who “prevent the removal of people who arrived before the age of 13” in France.
Iregister immigrants targeted by an OQTF in the “file of wanted persons”
At the same time, the government wants to register immigrants targeted by an OQTF in the “file of wanted persons” (FPR). Gérald Darmanin considers that this measure will make it possible to better report on the application of the OQTFs. “It is not a question of restoring the offense of illegal residence but of being able to note that the person leaves as when, for example, he takes a plane, and thus to count all the departures of foreigners “he defends.
According to figures from the Ministry of the Interior, before the health crisis, France issued around 122,000 OQTFs in 2019, but only executed around 12%. “PTo calculate the execution rate, we only count assisted departures and forced departures, i.e. nearly 17,000 removals in 2021.argues the minister. “However, thousands of people leave the territory after having received an OQTF, without our knowing it”he assures.
Make multi-year titles conditional on passing a French exam
According to Gerald Darmanin, “a quarter of foreigners who have residence permits understand and speak French extremely badly”. The executive therefore intends to condition the delivery of a multi-year residence permit to the success of a French exam.
On this aspect, the government also wants “propose the automatic renewal of multi-year titles” to those “who have no criminal record”. “VSThis represents a few hundred thousand people who will be exempted from queues in the prefectures”says the Minister of the Interior.
Accelerate the processing of asylum applications
Finally, the bill will include several asylum reforms. The rejection of an asylum application at first instance by the Ofpra (French Office for the Protection of Refugees and Stateless Persons) “will be worth OQTF with possibility of appeal within fifteen days”announces Gérald Darmanin.
To speed up the examination of appeals filed by asylum seekers against the decisions of the Ofpra, the government pleads for a generalization of the single judge at the National Court for the Right of Asylum (CNDA). A collegial formation will only meet for “very difficult cases”, adds the Minister of the Interior. Finally, the possibility of organizing hearings by videoconference will be “widespread”.