Could you explain the differences between temporary visas, permanent residency and citizenship in France? What are the advantages and limitations of each? France has a different approach to immigration than the United States. While the US has decided to classify immigrants as ‘non-immigrants’ and ‘immigrants’, France does not adopt such classification. Instead, French law proposes a unique classification of ‘étrangers en situation irrégulière’ or ‘undocumented immigrants’. These individuals must qualify for a category outlined in the French Immigration Code, which is a compilation of rules similar to the Code of Federal Regulations. Work visas and work-based residency: France offers residency options based on extraordinary talent, highly skilled workers, international artists and unskilled workers. Overall, the implications of each residency category differ, but it appears that the current government is particularly interested in highly qualified immigrants, emphasising talent-based immigration. For unskilled workers, the government is working to grant legal status to undocumented immigrants working in France (without being formally employed as French citizens but based on their passports) if they can demonstrate clear and convincing evidence of residing in France for the past five years and having eight monthly paystubs. Work-based residency includes access to social security in France and healthcare services, but it is subject to a considerable amount of discretion. Marriage-based visas and residency: If a US citizen (‘USC’) is married to a French citizen, they must apply for a long-term visa as the spouse of a French citizen at the French Embassy. Additionally, they need to register their US marriage license with the French Embassy. This visa application is free and allows the USC to seek employment in France (note that visitor status holders cannot seek employment). It is worth noting that France recognises not only legal marriages but also a broader 58 LAWYER MONTHLY NOVEMBER 2023 France and US Immigration: Challenges for French and US Citizens Thought Leader The movement of French and US citizens between their respective countries for residence and employment carries its own distinct sets of obstacles. Asif Arif, a dedicated immigration attorney, explores these challenges in an exclusive interview with Lawyer Monthly, offering his advice to prospective immigrants on what to expect and how best to prepare.
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