Immigration Lawyer Warns of Misinformation on New French Work Visa Rules

In a video posted on her TikTok channel, Me Sonia Cherfa urges workers in an irregular situation to be cautious in the face of the erroneous information disseminated on this subject on social networks. "Since the announcement of the new list of shortage occupations, I’ve seen several videos spreading inaccurate information," she says, explaining that the practice of an occupation in shortage and appearing on the list recently announced by the French government "does not guarantee automatic access to a residence permit."

"A residence permit application based on a shortage occupation is not an automatic right," adds the lawyer quoted by TSA, who stresses that the regularization of undocumented immigrants on the basis of the list of shortage occupations falls within the framework of "exceptional admission to residence, which means that it is subject to the discretionary power of the prefect." According to her, "the files will be examined on a case-by-case basis, and even if you meet all the conditions, certain elements can block your regularization application."

Sonia Cherfa assures that if an undocumented immigrant has "a conviction mentioned on the criminal record," "a conviction mentioned on the Judicial Records Treatment (TAJ)," "a conviction for domestic violence," or "an OQTF accompanied by an IRTF), their regularization will be refused. The lawyer notes that the list of shortage occupations announced has not yet been made public through authorized channels. "It has only been announced orally, through the press, and for now, it is not written anywhere."

This list will only be valid after its publication in the Official Journal by March 2025, she specifies, noting that this document takes into account "the occupations in construction, mechanics, catering and cleaning, which are all shortage occupations but were not considered as such by the 2021 order."