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.

Under the new legal amendments, this category of permit is no longer restricted solely to individuals holding a degree 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 formal degree. Accordingly, individuals possessing at least 5 years of practical work experience (or 3 years in the information and communications technology sector acquired within the last seven years) can formally apply for and obtain the EU Blue Card without the requirement of a university diploma.

Previously, under applicable regulations in France, the prefect had the authority to refuse the renewal of the EU Blue Card or revoke it from a foreign national when the employer failed to meet certain obligations, such as defaulting on statutory commitments related to social security, taxation, labor rights, and similar duties.

However, under the new update—specifically the decree issued on October 26, 2026—and from now on, the prefect is required, when considering such administrative action, to grant the foreign national a grace period to seek new employment. This period is set at 6 months from the date of notification of the decision to revoke or refuse the renewal of the residence permit. Furthermore, this timeframe may be extended to correspond with the remaining period of the foreign national's entitlement to the return-to-work unemployment allowance known as (ARE), pursuant to the amendment introduced in Article R. 421-21, thereby protecting foreign employees from falling victim to corporate violations.

The new decree also harmonizes various articles of the Code on the Entry and Residence of Foreigners and the 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 duration of the employment contract is at least two years, the residence permit is issued for a period equal to the contract's duration (up to a maximum of 4 years).
— When the duration of the employment contract is less than two years, the permit is issued for a period matching the contract's term plus an additional 3 months (not exceeding two years), pursuant to the provisions of Article L. 421-11.

In addition to the above, another development concerns foreign nationals seeking a residence permit in the context of mobility within an international or European group (this encompasses the temporary secondment, for professional or training purposes, of a foreign worker to an entity established in France that forms part of the company—or group of companies—with which the employee holds a contract of employment).

The most notable developments introduced by this decree concerning foreign nationals arriving via intra-corporate mobility (whether for professional assignments or training) include the following:

01. Introduction of a Mandatory Minimum Salary:
Obtaining residence permits bearing the mentions ("ICT seconded employee", "Mobile ICT seconded employee", "ICT trainee", and "Mobile ICT trainee") is now conditional upon the host entity complying 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 clause, the legislator aims to ensure that such transfers are strictly confined to candidates possessing an "expert" or "executive manager" profile, in accordance with the definitions adopted in European directives, thereby preventing the misuse of this framework to circumvent standard wage levels.

02. Accelerated Application Processing Deadlines:
To facilitate operational planning for multinational groups, the new decree shortens the deadline granted to prefectures to rule on residence applications as follows:
— The New Deadline: The processing timeframe has been reduced to just 90 days, down from 4 months previously.
— Exceptional Extension: It may be extended by a maximum of 30 additional days only in cases involving complex files.
The decree also reiterates the established French legal principle that "the administration's silence upon the expiration of the deadline does not constitute automatic approval"; companies must therefore submit administrative procedures well in advance.

03. Facilitating Cross-Border Mobility for Blue Card Holders and Corporate Groups:
If a mobile intra-corporate employee holds an "EU Blue Card" issued by another European Union member state and seeks to transfer to the company's French branch, procedures have been streamlined as follows:
— First Mobility: The employee is now eligible to transfer and apply in France after spending just 12 months in the initial EU member state (down from 18 months previously).
— Subsequent Mobility: If the employee is transferring for a second or subsequent time between branches of the group or company within the EU, the required prior stay duration in the preceding member state is reduced to just 6 months.

04. Additional Exemptions (British Companies):
Alongside these reforms, the decree established a specific work permit exemption for employees affiliated with companies established in the United Kingdom (Britain) who are seconded to France to provide specific contractual services for a period not exceeding 12 months, provided they possess at least 3 years of professional experience in their sector and one full year of service with the British employer.

* Exclusive to France News.
Legal Reference, link from the official public service portal: Service-Public.fr