The regularization of undocumented workers, an impossible debate?

by time news

This is the measure that has attracted the most attention. Following the presentation, on November 2, in The world of the outline of the future “immigration” law, the examination of which is announced at the beginning of 2023, the political leaders reacted strongly to the proposal of the ministers of the interior, Gérald Darmanin, and of labour, Olivier Dussopt, to create a “”shortage occupations” residence permit” to facilitate the regularization of undocumented workers in sectors in need of labour.

” We wish (…) that the immigrant worker in an irregular situation can request the possibility of remaining on the territory without going through the employer”notably defended, in The worldM. Dussopt.

Read also: Article reserved for our subscribers Darmanin and Dussopt on the “immigration” bill: “We are proposing to create a residence permit for jobs in tension”

Although the contours of the proposal remain vague, it was enough to arouse the ire of part of the right, quick to denounce a “call for air”.

The government seemed, in the following days, to backpedal. Before the National Assembly, Mr. Dussopt declared on Tuesday, November 8: “Is this a massive regularization? No. These are case-by-case studies according to seniority in the territory and the occupation of a job in jobs in tension “, outlining, more or less, the system already in force. Before him, Mr. Darmanin explained that the proposed residence permit would be for only one year, before defending himself during the “Grand rendez-vous”, a program organized by Europe 1, CNews and The echoes6 November: “We do not propose regularization, it is quite the opposite. »

“There are only blows to take”

The government’s hesitation testifies to a certain taboo on the subject of regularisations. “There is a desire not to give too much visibility to these procedures with the idea that there are only blows to be taken”, analyzes Sara Casella Colombeau, lecturer in political science at the University of Grenoble-Alpes. Over the past decades, France has also renounced collective operations in favor of regularizations “low noise”to use the expression used at the Ministry of the Interior.

The current rules of regularization – renamed “exceptional admission to stay” – are contained in a 2012 circular, known as “Valls”. It lists the criteria according to which an undocumented person can apply for a permit in a prefecture, with regard to his private and family life or the work he holds. For an employee, it is, for example, to prove three years of presence on the territory and to bring together twenty-four pay slips as well as a promise of employment on a permanent contract. Another scenario: a parent of a child born in France must have five years of presence and his child must have been in school for three years.

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