New Shortage Occupation List Offers Hope, but Lawyer Warns of Complex Regularization Process

The lawyer stresses that these regularization requests fall within the framework of "exceptional admission to residence, which means that it is subject to the prefect’s discretionary power." The lawyer insists that "the files will be examined on a case-by-case basis." The procedure is therefore not a simple administrative formality guaranteed by the exercise of a listed occupation.

Furthermore, Ms. Cherfa details several grounds that may lead to the rejection of the application, even if the other conditions appear to be met. She cites in particular "a mention of conviction by the criminal court on the criminal record," "a mention of conviction on the Judicial Background Treatment (TAJ)," "a conviction for domestic violence" or the fact of being subject to an Obligation to Leave the French Territory (OQTF) accompanied by a Ban on Returning to the French Territory (IRTF).

In her communication, the lawyer also specified that the list of shortage occupations, announced in the press on February 21, had not yet been officially published. "It has only been announced orally [...] and for now, it is not written anywhere," she said. This list has now been published. Here are the sectors concerned:

• Construction and public works workers,
• Salaried farmers, market gardeners/horticulturists,
• Home helpers, housekeepers, kitchen helpers, cooks,
• Domestic employees and cleaning staff,
• Hospitality and catering professions.