Although, as we reported recently, around 40% of the clauses in the new Loi Immigration were chopped by the Constitution Council, a clause introducing a language test for a multi-year residence permit was saved from execution.

These permits (carte de séjour pluriannuelle) are available to those who have been legally resident in France for at least a year.

Accordingly, the test does not affect those applying for a visa for first entry into France, most of whom arrive on a one-year ‘visiteur’ visa (VLS-TS);

Others not affected are:

• EU nationals, as there is no requirement for a visa or a residency card to live in France.
• British expats who hold a WARP Brexit residence permit;
• Those who obtain a multi-year ‘Passport talent’ visa, which normally grants an initial 4-years residency, but is only available to those bring substantial economic value to France. Their families are also exempt.
• Applicants who can also show through a France accredited certificate that they have the requisite competency are also exempt from the test, eg, having obtained a diploma in France.

As is often the case with new laws in France, the devil is in the detail, and the date on which the language test will come into force and the conditions under which it will apply are still unknown, as they have not been specified by decree or order.

If past practice is anything to go by, it is unlikely that the requirement will come into force before 2025 (at the earliest), following publication of the administrative regulation.

What is known, however, is that the standard required will be the A2 level of the 'Common European Framework of Reference for Languages (CEFR)'.

This is a toughening of the previous language requirement for a multi-year visa, which required A1 language competence, but which was only conditional on training, not a test.

Both A1 and A2 are the elementary stages of CEFR scale, which moves through to B1, B2, C1, and C2.

The language competence required under A2 is stated as:

• Understand single phrases and frequently used expressions in relation to areas of the everyday environment (e.g. simple personal and family information, shopping, work);
• Ability to communicate in simple and routine tasks requiring only a simple and direct exchange of information on familiar and routine subjects;
• Describe in simple terms subjects that correspond to immediate needs.

The test is being introduced to assist with integrating new arrivals in France, “particularly to facilitate integration into work” states the government. In other words, the test is not aimed at retired, comparatively affluent, retirees relocating to France, but those of working age, whom the government want to ensure make a contribution to the economy. Many other European countries have such tests in place.

As a result, the government has announced that over €400 million of new funds will be released to implement the programme, which will include, as is presently the case, civics training as part of the Contrat d’intégration républicaine (CIR)

Those needing language training will receive it through the CIR process, arranged by the Office français de l’immigration et de l’intégration (OFII).

The language and civics classes will be provided free of charge, and the training provided aims to prepare participants to pass the test.

As potentially an obstacle as it may seem, all the reports we have received suggest that the test will not be a tough one to pass.

The law does not set out the consequences for an applicant who fails the test, although ultimately it could result in them being required to leave France.

Nevertheless, that is only likely to occur in rare cases. In the first place, it is not necessary to apply for a multi-year residence permit at the end of expiry of the initial 1-year visa.

Although the law now restricts renewal of the visa to a maximum of 3 years, this means that applicants have up to 4 years to remain legally in France and to successfully meet the language requirement.

Maître Pinson, who stresses that there are currently no regulations specifying what happens if the test is unsuccessful, believes that even in the unlikely event that the standard is not reached at the end of this period, "the prefecture would be likely, after observations from the person concerned, to renew the existing visa on a discretionary basis, granting the applicant additional time to take the test".

In the final resort even were an applicant to be ordered to leave the country, there is a right of appeal to a court, when potentially mitigating circumstances could be used to justify a further extension of leave to stay, and even an exemption from the test on medical or other grounds.

That stated, however, there are no specific exemptions in the law for an exemption on grounds of age, so retired persons will be required to sit the test.