A New Circular to Tighten Conditions for Regularizing Undocumented Immigrants

Interior Minister Bruno Retailleau introduced a new circular on Friday, January 24, aimed at prefects to overhaul the process for regularizing undocumented immigrants. Effective immediately, this directive represents a break from the more lenient Valls circular of 2012.

Stricter Criteria for Regularizations

Bruno Retailleau emphasized a clear principle: “Regularization must remain exceptional.” From now on, a minimum residency period of seven years in France will be required to consider exceptional regularization, compared to three years in certain cases under the previous framework. Prefects must also ensure there is no public order threat and that applicants demonstrate a sufficient command of the French language, although the exact level is not specified.

The conditions for work-based regularization have also been tightened: undocumented workers must prove 12 months of employment within the past 24 months, up from 8 months previously, and their occupation must be in a regionally identified shortage sector.

OQTFs and the End of “Rewards for Irregularity”

The minister has called for the strict enforcement of obligations to leave French territory (OQTFs), which remain valid for three years after being issued. Any rejected regularization request must be accompanied by such a measure. The stated goal is to “end mass regularizations” and deter irregular immigration.

A Departure from the Valls Circular

In 2012, Manuel Valls implemented more flexible criteria for regularization, particularly for parents of school-aged children, young adults, or victims of violence. These measures aimed to account for humanitarian and social considerations. The new circular departs from this approach by significantly tightening access to residence permits, even for integrated workers.

Mixed Reactions and Criticism

The left and various associations have condemned the directive as “inhumane,” claiming it penalizes well-integrated foreigners. Environmentalists have decried it as “gross hypocrisy,” while some Macronist lawmakers have criticized the move as simplistic and misaligned with labor shortages. Conversely, advocates of stricter immigration policies have welcomed it as a step toward regaining control over irregular migration.