New Rights for "EU Blue Card" Holders in France

The multi-year residence permit "Talent Passport / EU Blue Card" is designated for non-EU foreign nationals who possess high professional or academic qualifications and hold an employment contract in France that meets specific financial and duration criteria.

According to the new legal amendments, this type of card is no longer restricted solely to individuals holding a diploma certifying the completion of at least 3 years of higher education; it is now also granted to those with high-level professional experience as an alternative to a degree. Individuals with at least 5 years of professional field experience (or 3 years in the information and communication technology sector acquired during the last seven years) can now apply for and obtain the EU Blue Card normally without requiring a university degree.

Under previously established laws in France, the prefect was authorized to refuse the renewal of the EU Blue Card or revoke it from a foreign national when the employer failed to fulfill certain obligations, such as statutory obligations regarding social security, taxation, labor rights, and so forth.

However, under the new update—specifically the decree issued on October 26, 2026—and from now on, the prefect is obliged, when considering such legal action, to grant the foreign national a period to seek new employment. This period is set at 6 months from the date of notification of the decision to withdraw or refuse renewal of the residence permit, and may be extended to correspond with the remaining duration of the foreign national's entitlement to the unemployment benefit known as the Return-to-Work Assistance (ARE), pursuant to the amendment of Article R. 421-21, to protect the foreign employee from falling victim to corporate violations.

The new decree also consolidates various articles of the Code on Entry and Residence of Foreigners and Right of Asylum (CESEDA).
Specifically, regarding holders of the multi-year "Talent Passport / EU Blue Card" residence permit, the decree reaffirms the following updates:
— When the employment contract duration is at least two years, the residence card is issued for a period equal to the contract's duration (up to a maximum of 4 years).
— When the employment contract duration is less than two years, the card is issued for a period equal to the specified contract duration, plus an additional 3 months (not exceeding two years), in accordance with Article L. 421-11.

In addition to the above, another development pertains to foreign nationals seeking a residence permit in the context of intra-corporate mobility within a European or international group (this includes the temporary secondment, for professional or training purposes, of a foreign employee to an entity based in France that is part of the company—or corporate group—with which the designated employee has an employment contract).

The most prominent developments introduced by this decree concerning foreign nationals arriving under intra-corporate mobility (whether for professional or training purposes) include:

01 — Introduction of a Mandatory Minimum Salary:
Obtaining residence permits bearing the mentions ("Seconded ICT employee", "Mobile seconded ICT employee", "ICT trainee", and "Mobile ICT trainee") has become conditional on the host entity's compliance with a strict financial standard. The decree obliges companies to ensure that the gross annual salary of the seconded employee is equal to or higher than the average reference annual salary in France. Through this provision, the legislator aims to ensure that these assignments are strictly limited to talents possessing an "expert" or "executive/manager" profile, in line with the definitions adopted in European directives, to prevent this system from being used as a tool to circumvent standard wage levels.

02 — Accelerated Application Processing Deadlines:
To facilitate planning for international groups, the new decree reduced the timeframe granted to prefectures to rule on residence applications as follows:
— New deadline: The application processing period has been shortened to 90 days, down from 4 months previously.
— Exceptional extension: It may be extended by a maximum of only an additional 30 days in cases of exceptional complexity.
The decree also emphasizes the established French legal rule that "the administration's silence upon the expiry of the deadline does not imply tacit approval"; therefore, companies must submit administrative procedures well in advance.

03 — Facilitating Cross-Border Mobility for Blue Card Holders and Work Groups:
If an employee moving within the group or company holds an "EU Blue Card" issued by another EU member state and wishes to transfer to the company's branch in France, procedures have been eased as follows:
— First mobility: The employee can now transfer and apply in France after spending only 12 months in the first European country (instead of 18 months previously).
— Second mobility and beyond: If the employee is transferring for a second time between group or company branches within the EU, the required period of residence in the previous country is reduced to only 6 months.

04 — Additional Exemptions (British Companies):
On the sidelines of the new amendments, the decree introduced a specific work permit exemption for employees of companies established in the United Kingdom (Britain) seconded to France to provide specific contractual services for a period not exceeding 12 months, provided they possess at least 3 years of experience in their sector and one full year with the British employer.

* Exclusive, France News.