Senate committee rejects proposal

The Senate's Legal Affairs Committee did not adopt a proposal on October 28, 2026, aimed at simplifying the process for foreign workers in sectors facing labor shortages. However, the proposal will still be discussed in a public session on November 5.

Discussion continues in public session

The parliamentary report No. 117, presented by Lauriane Josende, states that the committee preferred to keep the individual review of applications by prefects. The official result of the committee's work shows that the original proposal will be debated in a public session on November 5.

Proposed change to residency rules

The first provision would have turned the exceptional admission to residence for affected employees into a right enforceable against the administration, as long as legal conditions were met. Currently, the law allows prefects some discretion in reviewing applications.

Specific criteria for eligibility

The current law, Article L. 435-4 of the code on entry and stay of foreigners and asylum, applies to individuals who have lived in France for at least three years and worked in a profession facing labor shortages for twelve months in the past twenty-four months. The specific jobs are listed in a 2025 decree.

Challenges in hiring foreign workers

Supporters of the proposal point to difficulties in hiring foreign workers in sectors such as agriculture, catering, construction, and home assistance. The rapporteur, however, argues that automatic approval would remove the ability of prefects to evaluate each case individually.

Proposed change to employment rules

The second article would have removed the criminal penalty for employing a foreigner without a work permit in sectors facing labor shortages. Current law allows for a prison sentence of up to five years and a fine of 30,000 euros for such violations.

Committee maintains current controls

The committee believes it is important to keep these enforcement tools in place. Supporters of the proposal argue that employers need more flexible procedures for regularizing foreign workers' status. These differing views will be debated in the public session.

Timeline for regularization

The official Service Public sheet on regularization through work notes that the exceptional admission to residence for jobs facing labor shortages will remain in effect until December 31, 2026. Applications continue to be reviewed by prefects under current rules.