Algerian citizens have benefited from a specific status to enter, reside and work in France since December 27, 1968. Indeed after the “Algerian war”, an agreement between France and Algeria was concluded to provide a “global and lasting solution to problems relating to traffic, and the employment and stay of Algerian nationals on French territory”[1].
It is worth noting that Algerian citizens were considered as French citizens until the end of the war and the independence of Algeria in July 1962.
Historically (and officially) this agreement was supposed to facilitate Algerian citizens’ residence and work in France and to create a favourable status for them.
More than 50 years later, it is unfortunately the contrary. With time, this agreement created a specific status for Algerian citizens’ rights, which actually led to the deprivation of advantages, specifically in the work area.
Indeed, as per the constant position of the French Council of State (“Conseil d’Etat” in French), this agreement "regulates in a comprehensive manner the conditions under which Algerian nationals may be admitted to reside in France and exercise a professional activity there, as well as the rules concerning the nature of the residence permits that may be issued to them and their period of validity".
In the absence of renegotiation of the agreement since 2001, the status of Algerians remains "stuck" in the state of French law resulting from the law in 1998: Algerian nationals do not have access to many residence permits and favorable mechanisms.
We will here specifically focus on how Algerian citizens are excluded from favourable professional immigration categories and procedures that were implemented by France after 2001.
No favourable status for highly-skilled workers
Algerian citizens cannot benefit from the favourable “passeport talent” categories that can be granted to highly-skilled workers.
For instance, foreigners who meet the requirements for the most favourable status for local hires, i.e "Talent - European Blue Card", can obtain a long stay visa in only 2 to 3 weeks, allowing them to enter France and start working immediately. There is no work permit to be obtained first.
The French Consulates abroad grant the visa directly, provided that the following cumulative requirements are met:
French employment contract with a duration of one year or more (CDD or CDI),
An annual French base salary of at least 53,836.50€,
A 3 year higher education diploma and/or equivalent knowledge through 5 years of professional experience.
For Algerian citizens meeting the above criteria, there is no possibility to obtain a "Talent Passport European Blue Card" long stay visa in 2 to 3 weeks. They are excluded from this favorable status.
The only possibility for them to work in France under a local work contract is to apply for a “salarié” (permanent work contract) status or a “travailleur temporaire” (fixed-term work contract) status. These statuses are subject to a prior work permit application. And this work permit application is always subject to the labour market test. It means that even if the job is part of jobs on a shortage list, the employer will need to prove that they searched for other candidates before being able to submit/obtain the work permit for the Algerian employee.
Labour market test for work permit applications systematically applicable
The Labour market test means that when recruiting a foreigner not already authorized to work in France, the employer must advertise a job offer on the website of the French unemployment agency for at least 3 weeks. At the end of this 3-week period, the employer must explain why none of the job applicants met the criteria to fulfill the position, and why only their candidate was retained.
It is only after this 3-week period that the work permit application can be submitted, and the processing time to receive the work permit then usually lasts one to two months.
Once the work permit is granted, applicant can submit their long stay visa with the French Consulate abroad. The visa is usually issued in around 2 to 3 weeks.
For Algerian citizens, this procedure always applies. There is no other status/procedure to hire them, no favourable status, no facilitate and fast process. It means that an employer wil need to wait 3 to 4 months from the beginning of the process until the Algerian employee can start working. This very long processing time can be dissuasive for employers.
Algerian students: no favourable statuses
The situation is the same for Algerian students who want to work in France during and after their studies. Their rights are limited in comparison with other foreign students.
First, they are required to obtain a work permit in case they want to work during their studies. Other foreign students are exempted from work permit requirements. Also, the duration of ancillary work authorized on a student residence permit is limited to 850 hours per year for Algerians whereas it is 964 hours for other foreign students.
In addition, all foreign students having obtained a Master’s degree in France (excepting Algerian students) can obtain a residence permit allowing them to search for a job and/or start working. This favourable transitory status facilitates the arrival of foreign students on the job market and leaves them enough time to change their status from a student status to a status allowing full-time work in France.
The fact that Algerian students are excluded from this type of residence permit creates, once again, a separate status. Companies can be reluctant to hire Algerian students as they will not have the possibilty to obtain this transitory residence permit allowing them to start working quickly.
In addition, the change of status process will be longer.
Indeed, Algerien students are also excluded from a favourable status for foreign students changing their status, which is the "talent - salarié qualifié" status. To obtain this status, the requirements to be met are :
A French employment contract with a minimul duration of 3 months (CDD or CDI);
An annual French base salary of at least 43,254 euros,
A master degree obtained in France.
There is no prior work permit to be obtained for this status.
For Algerian students meeting the above criteria, there is no possibility to apply for this favourable status. The only applicable status will be the status “salarié” (permanent work contract) or “travailleur temporaire” (fixed-term work contract). These statuses are subject to a prior work permit. And this work permit is always subject to the labour market test, as described above.
Conclusion
In addition to the fact that Algerian citizen’s rights are limited because of the French-Algerian agreement, it is worth noting that even when there is a rule which is more favourable for them (it is rare but it can happen), local authorities do not apply it.
For instance, a general rule is that for the holder of a "salarié" residence permit , a new work permit is required in case they are hired by a new company under a new work contract. It is not the case for Algerian citizens as per article 7b of the agreement [2]. They do not need a new work permit when they already hold a “ salarié” residence permit.
The change of employer procedure is accordingly supposed to be easier for them. This being said, this favourable rule only lives “in the texts”. In practice, local authorities often do not respect it and require a new work permit for a change of employer.
The above analysis demonstrates that Algerians’ administrative situation in France is specific and that their rights are limited. It is longer and more complex for them to obtain a visa, a work permit and a residence permit.
We consider that it is time to update or cancel this agreement which is now almost 60 years old, and that has become a legal tool to limitate Algerians’ administrative rights in France, that marginalizes them. This being said, with the actual diplomatic crisis between the two countries, the amendment or cancellation of this agreement is not currently relevant.
[1] Accord franco algérien, December 27 1968, introduction
[2] Article 7b of the agreement: "Algerian nationals wishing to exercise a salaried professional activity receive (...) a residence certificate valid for one year for all professions and all regions, renewable and bearing the mention "employee": it constitutes the work permit required by French law"
About the author
Fanny Laredo. Lawyer at Paris Bar, Fanny joined Karl Waheed Avocats in 2011.
Karl Waheed Avocats provides daily support to international groups for all immigration related procedures required to transfer resources to France, on a permanent or temporary basis.
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