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France Tightens Regulations on Foreign Workers

October 7, 2011— In an effort to reduce the number of foreign workers in France, the government is increasing its scrutiny of most work permit applications and cutting in half the number of occupations that are exempt from labor market testing.

Local labor departments are expected to step up their review of most work permit applications to ensure that foreign beneficiaries are qualified for open positions, in the wake of recent guidance from the Ministry of the Interior. Change of status applications, particularly for foreign students applying for work permits, will also undergo tougher scrutiny. Employers are likely to see stricter enforcement of the requirement to advertise open positions for two to three months. The increased scrutiny should not affect applications for intracompany transferees, foreign nationals seconded to France or highly skilled foreign workers, which receive preferential treatment and generally do not require a labor market test.

The list of shortage occupations – which can be filled by non-European Union workers without a resident labor market test – has been reduced to 14 job titles, down from 30. The reduced list applies throughout France and replaces the regional lists used previously. It does not affect bilateral work permit agreements between France and other countries. Labor authorities are expected to revise the shortage list again before August 2013.

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