A-Infos (en) France, OCL CA #339 - IMMIGRATION LAW: what is changing - I feel like vomiting, the horror is there (ca, de, fr, it, pt, tr)[machine translation]

This summary comes from GISTI which formed a working group to clarify 
the circular relating to the admission to residence of foreign nationals 
of February 5, 2024. ---- The GISTI or Immigrant Information and Support 
Group, was born in 1972 from the meeting between social workers, 
community activists in regular contact with foreign populations and 
lawyers. ---- With regard to entry into the territory, the authorities 
responsible for border control are the only ones competent to carry out 
rerouting under constraints. The short-stay visa may be refused to the 
holder of a diplomatic passport if the State from which the applicant 
comes is considered insufficiently cooperating in matters of 
readmission. The same treatment for long stay requests! Obviously, all 
controls are reinforced regardless of the mode of transport: car, plane, 
boat, train, etc. with summary visits planned for all these vehicles, 
including individuals, without forgetting the recording of personal data 
in the ETIAS system: ETIAS being a fully dematerialized travel 
authorization required by the 30 member states of the Schengen area. The 
short or long stay visa is automatically refused - except in 
humanitarian circumstances - to the person who has been the subject of 
an OQTF (i.e. an Obligation to Leave French Territory) dating less than 
five years and who has not left the territory within the prescribed time 
limit. Finally, extension from 24 hours to 48 hours of the time given to 
the liberty and detention judge to rule in the waiting area.

To obtain a residence permit, a "360 degree" examination is required, 
this examination is based on the presumption (of guilt, of course) thus 
the arbitrariness becomes clearly enshrined in the law, it belongs to 
the foreigner to certify elements of fact or law in the event of abusive 
or dilatory behavior on the part of the French authorities. As part of 
the personalized republican integration course, parents undertake to 
provide their children with an education that respects the values and 
principles of the Republic, in particular through the acquisition of the 
French language. The multi-year residence permit and the resident permit 
are conditional on different levels of language proficiency. Residence 
cards are limited to 3 consecutive renewals and may be refused due to 
lack of actual or habitual residence in France as well as the residence 
card. Thus, habitual residence becomes a condition for the acquisition 
or renewal of a residence permit.

A specific clause excludes any young adult from child welfare coverage 
if they are the subject of an OQTF.

Work can to a certain extent "help" in obtaining a residence permit 
within the framework of the "jobs in shortage" mechanism; to do this, 
you must prove twelve months of previous activity over the last 24 
months. in a profession in tension and to justify three years of 
uninterrupted residence in France. Excluded from this system are 
seasonal workers, students and asylum seekers. The list of professions 
in shortage is supposed to be updated every year. An administrative fine 
may be imposed on the employer in the event of employment of a foreigner 
without a permit ranging from 5,000 to 15,000 times the hourly rate. 
Criminal fines are increased, controls are reinforced because all files 
are shared with the labor inspectorate and the authority responsible for 
work authorizations.
All previous jurisdiction concerning protective measures against 
expulsions has been strengthened: for example, the expulsion of a sick 
foreigner becomes possible, the expulsion of an entire family in the 
event of intra-family violence (woman, child, ascendant). House arrest 
becomes possible for foreigners accompanied by minors. Extension of 
detention by 30 days possible in the event of simple threats to public 
order and no longer "of particular seriousness". An asylum seeker can be 
placed under house arrest or placed in detention at the request of the 
prefect if he considers that "his behavior constitutes a threat to 
public order" or even "in order to determine the elements on which his 
request for asylum is based. 'asylum'. The prefect must refuse the 
material reception conditions in the event of refusal by the orientation 
region, in the event of refusal of the accommodation offer or in the 
event of a request for re-examination of the asylum application. It is 
planned to create territorial chambers of the National Court of Asylum, 
CNDA, with the establishment of the principle of the single judge to 
rule on the asylum request, it is also planned to suspend the video 
hearing in case of bad transmission!

The cost of house arrest is the responsibility of the person subject to 
an expulsion order. Placement in detention may be requested in the event 
of concealment during the migratory route, refusal to clarify the family 
situation, previous asylum request, in the event of refusal to submit to 
fingerprinting or voluntary alteration of documents. 'fingerprints. The 
lifting of medical confidentiality in the context of a dispute relating 
to a refusal of residence opposed to a sick foreigner.

Of course, there are plans to create a file bringing together the 
fingerprints and photographs of unaccompanied minors suspected of having 
committed offenses. Of course, the law on legal aid will be adapted, of 
course strengthening the level of language proficiency is required 
(still to be clearly defined) for naturalization.

Finally, of course, the sanctions are reinforced even in the case of 
minor offenses and can be described as "exceptional" because they are 
specific to foreigners in the EU.

All these provisions are applicable in overseas communities. In Guyana, 
a residence permit commission will be established. In Mayotte and Guyana 
the conditions for family reunification are modified as well as the 
"French parent-child" card.

Here is a brief inventory or a brief debris of the places of France, 
country of "human rights".

F., March 9, 2024

http://oclibertaire.lautre.net/spip.php?article4140
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