Regularisation of foreign nationals through employment in shortage occupations

The regularisation of foreign nationals through employment since the law of 26 January 2024:

The Immigration, Integration and Asylum Law of 26 January 2024 created a new Article L. 435-4 of the French Code on Entry and Residence of Foreign Nationals and Asylum Law (CESEDA), allowing foreign nationals to apply for exceptional admission to residence on the basis of employment.

Article L. 435-4 of the CESEDA makes the granting of a residence permit subject to the following conditions:

• carrying out salaried employment in an occupation listed as a shortage occupation for 12 consecutive or non-consecutive months during the previous 24 months,
• uninterrupted residence in France for 3 years,
• absence of any threat to public order,
• proof of knowledge of the French language.

Please note: periods of residence and salaried employment carried out under a student permit, seasonal worker permit or asylum status are not taken into account.

The new list of shortage occupations has arrived!

The Order of 21 May 2025, adopted pursuant to Article L. 414-13 of the Code on Entry and Residence of Foreign Nationals and Asylum Law, updates the list of occupations and geographical areas characterised by recruitment difficulties.

This update has direct implications for foreign workers in an irregular situation, particularly in the Provence-Alpes-Côte d’Azur (PACA) region, where 39 occupations are now recognised as “shortage occupations”.

Among the shortage occupations identified in PACA are cooks, kitchen assistants, multi-skilled restaurant employees, hotel employees, home helpers, building cleaning agents, healthcare assistants, unskilled construction workers, qualified painters, salaried gardeners, bricklayers and truck drivers.

A process requiring support from Maître Josselin BERTELLE

This regulatory development represents a major strategic issue in order to provide you with the best possible support throughout your procedures.

The LEXSTONE AVOCATS law firm, located in Puget-sur-Argens and Rocbaron, is fully committed to preparing regularisation applications in light of this new order, carefully analysing each individual situation and welcoming new cases.

This order changes the situation for many workers awaiting regularisation, and it is essential to act methodically in order to effectively assert your rights.

Maître BERTELLE will carefully review your case and assist you throughout your application process.