Residence & CitizenshipEntry PF-906023 · Page 08 · Stamped OCT 10, 2026

France: Residency requirement for undocumented workers raised from 5 to 7 years

France raised the residency threshold for undocumented workers from five to seven years under Interior Minister Retailleau's January 23 directive, replacing the Valls circular that had regularised roughly 30,000 people annually.

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  • Circular issued by Interior Minister Bruno Retailleau on January 23, 2025
  • Residency requirement raised from 5 to 7 years for undocumented workers seeking papers
  • Valls circular had allowed roughly 30,000 regularisations per year through exceptional admission
  • Asylum appeals will move from 3 judges to 1 judge across five new territorial courts
  • Eurostat 2022 data placed it last in Western Europe for immigration rate in 2021

France raised the in-country residency threshold for regularising undocumented workers from five to seven years under a circular issued by Interior Minister Bruno Retailleau on January 23, 2025. The directive also replaces the long-standing admission exceptionnelle au séjour (AES) framework created by the 2012 Valls circular, under which roughly 30,000 people obtained papers each year for work or family reasons.

What does the new circular change?

The Retailleau circular runs only three pages. It tightens French-language requirements: applicants must now produce a formal French certificate for the prefecture, replacing the previous "basic level" threshold set by the Valls text. The minister's office has not specified which exam or certificate qualifies.

Asylum lawyer Charly Salkazanov, interviewed by InfoMigrants, said the brevity of the document leaves wide discretion to local officials. "This opens the door to arbitrary decisions from prefects," he warned.

Who is affected?

The directive targets undocumented foreign nationals applying for a residence permit on work or personal grounds. Salkazanov said his clients come "mostly from Africa," alongside Pakistan, Sri Lanka, Bangladesh and South America. Asylum seekers form a separate group, but the lawyer noted that prefecture appointment backlogs already run 9 to 11 months, leaving many unable to prove lawful presence to employers or schools.

How does it shift the balance from the Valls circular?

The Valls circular had offered "a balance between regulation and humanity," Salkazanov said. Retailleau's text "goes back" on that pathway. Raising the residency bar to seven years and demanding a formal French certificate narrows eligibility for tens of thousands of applicants who previously regularised through AES.

What changes for asylum appeals?

A separate reform moves asylum appeals from the National Asylum Court (CNDA) in Montreuil to five new territorial courts. Cases will now be heard by one judge instead of three. Salkazanov called the change consequential: "It's going to be more difficult with one judge, because once a decision has been made — it's over. There is no debate."

Why use a circular rather than a new immigration law?

The government lacks a parliamentary majority for a fresh immigration bill. A directive from the interior minister signals intent to the right and far right without legislative votes. Economy Minister Eric Lombard publicly broke with that line, stating that France needs labour migration. Salkazanov pointed to the restaurant sector as a pressure point: "A third to half of all people working in the industry are undocumented," he noted, citing union opposition to the circular.

What did Prime Minister Bayrou add to the debate?

Four days after the circular, on January 27, Prime Minister François Bayrou told a meeting that a feeling of being "flooded" by immigration is taking root in France. Salkazanov rejected the framing. "This is a false idea conveyed by the extreme right," he said, pointing to Eurostat data from 2022 showing the country with the lowest immigration rate in Western Europe in 2021, behind Malta, Luxembourg and Iceland.

Where can readers verify the text?

The circular is published as a PDF on the Le Figaro static server (file reference dated January 2025). The Valls circular and the admission exceptionnelle au séjour framework remain the formal reference points for any prior regularisation pathway. Applicants should consult the interior ministry and OFPRA for current eligibility rules, as prefectural practice may vary under the new directive.

via infomigrants.net (Original)

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News editor covering business strategy at Passport File.

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