The rules applicable to non-European nationals concerning the granting of certain residence permits and the possibility of working in France changed on October 30, 2026.
Decree No. 2026-1001 of October 26, 2026 allows the application of different provisions of the European single permit directive. The aim of this European text is to establish a common set of rights for workers who come from a non-European country and legally reside in a Member State of the EU.
Thus, in France, since October 30, 2026, for most applications for residence permits, the decision of the prefect must be taken within 90 days (compared to four months previously). This 90-day period may be extended by 30 days if the application is complex.
Also, the period during which a foreign national cannot change employer, after having received a first work authorization in France, has also been shortened. This period is now six months, compared to 12 months previously.
A right of residence retained for foreign nationals involuntarily deprived of their job
Holders of a temporary worker residence card, employees on fixed-term contracts, may now retain their right of residence in the event of involuntary unemployment. However, they must not be unemployed for more than three months during the period of validity of their residence card; the maximum possible period of unemployment is six months for foreign workers who, in the course of their previous employment, have been subjected to working conditions relating in particular to trafficking in human beings, forced labor or any situation incompatible with human dignity.
New rights for certain nationals in the event of withdrawal or refusal of renewal of the residence card
The multi-annual residence card ‘Talent – European Blue Card’ is intended in particular for persons holding a diploma attesting to at least three years of higher education.
A prefect may refuse the renewal of this residence card or withdraw it from a foreign national when the latter’s employer has not complied with some of their obligations.
Effective immediately, when a prefect envisages such an action, they must grant a period of time to the foreign national so that they can look for a new job. This period shall be six months from the date of notification of the decision to withdraw or refuse the renewal of the residence card. This period of six months may be increased, in line with the remaining period of entitlement to unemployment benefit of the foreign national.
New European Blue Card duration rules
The decree of October 26 also harmonizes various articles of the Code on the Entry and Residence of foreigners and the right of asylum. For holders of a multiannual residence card “talent — European Blue Card”:
- where the employment contract has a duration of at least two years, the card is issued for a duration equal to that of the contract (up to a maximum of four years);
- where the employment contract has a duration of less than two years, the card is issued for a duration equal to that of the contract, increased by three months (within the limit of two years).
A remuneration threshold to be respected for posted workers
Another development concerns foreign nationals wishing to obtain a residence card in the context of intra-group mobility (this refers to the temporary posting, for professional or training purposes, of a foreign worker to an entity established in France forming part of the company – or group of undertakings – to which the posted worker is linked by an employment contract).
To obtain a residence card bearing the mention “ICT posted employee – intra corporate transfer”, “ICT mobile posted employee”, “ICT trainee” or “ICT mobile trainee”, a foreign national will have to demonstrate a certain level of annual remuneration. This level of remuneration, which is not yet known, will be determined by a ministerial order. The purpose of that provision is that the holders of those residence cards should be persons with an ‘expert’ or ‘managerial’ profile (those profiles are defined in Article 3 of the European directive of May 15, 2014).
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.