Residency Permits - Language Tests

In January 2024 a new immigration law was passed in France, which, amongst many other measures, introduced a compulsory French language test for certain types of residency permits.

The test does not affect an application for a visa to live in France for a limited duration, merely a later application for multi-year or permanent residency.

The tests are scheduled to be introduced ‘no later than’ 1st January 2026. To date there has been no news from the government, but reports are widespread about staffing pressures in immigration offices and prefectures. The cost of the measure (anticipated to be several hundred million euros) is also likely to be another major constraint on the early or widespread introduction of the measure, although there are indications that all applicants will be obliged to pay for some or all of the training themselves. As most training is likely to be on-line, the charge is unlikely to be substantial.

Until then, although ostensibly a minimum competency in the French language is required to obtain a residency permit (carte de sejour) a liberal interpretation of the rule is taken by most local immigration offices.

Perhaps most importantly, the current rule merely requires that applicants who do not meet the required level attend French language classes (paid by the State). Attendance at the classes is not a prior condition of the grant of a residency permit, and neither is there an obligation to achieve a result.

All that is due to change with the implementation of the new law, when certain applicants for permanent residency will be obliged to attain a minimum standard before a residency permit is granted.

Not only has a test become compulsory, but the government has also raised the bar on the minimum language competence that is required.

The minimum standard will depend on the type of residency permit being sought. For those seeking a multi-year permit which lasts 4 years (carte de séjour pluriannuelle) the standard is A2 under the European common framework (CEFR). Currently the minimum requirement is A1 on the scale. Both A1 and A2 are basic levels of language understanding. For those who seek a 10-year residency permit (carte de résident) the requirement moves up from A2 to B1 on the scale, an intermediate level of competence. To obtain French nationality the standard moves from B1 to B2.

These new levels are generally in line with those in many other European countries, so cannot be considered excessive. Indeed, for certain types of visas some European countries insist on a minimum level of language competence for initial entry visa to the country, eg Germany and Austria.

There has recently been some suggestion in the French press that many migrants will be unable to meet the new standard. That perspective contrasts with the 91% success rate that was achieved in trials amongst migrants carried out last year when officials sought to evaluate the impact of the new standards.

In practice the risk that an applicant will be removed from the country for failing a language test is highly remote.

In the first instance, an applicant has several years before they are required to undertake the test. Normally, it is not possible to apply for a multi-year card before 4 years legal residence, during which time the one-year residency card is renewed on an annual basis, with no language test necessary. An application for carte de résident cannot be made before 5 years legal residence.

Secondly, although it would be possible to sit the test in conjunction with an application for a multi-year permit, if the standard was not achieved, the training would only start following failure of the test. Depending on the competence level of the applicant, there may be 600+ hours of training, which is likely to be carried out over 1 or 2 years, thereby further extending the time available to obtain the required standard.

Thirdly, for many migrants there is no obligation to apply for a multi-year card or a carte de resident. Most 1-year visas can be renewed indefinitely on an annual basis. The new law has only placed a limit of 3 years on the renewal of a carte de séjour temporaire, which is normally only issued for a stay of a maximum of a year. Most international owners obtain a visa called visa de long séjour valant titre de séjour (VL-TS). Although this is also sometimes referred to as a carte de séjour temporaire, they are in fact two distinct visas. Only if the administrative doctrine decides to widen the scope of the definition to include all 'visitor' visas, need most migrants be concerned. Those on a visitor visa are not the target of the tests, which are aimed primarily at those who relocate to France to undertake a professional activity.

Fourthly, where an applicant fails a language test, it will almost certainly be the case that they will be offered the opportunity to take further training and take the test again. During this time, their existing visa will be renewed for up to another year. Indeed, repeated attempts to pass the test are likely to be possible. One approach that may well be adopted is the use of teaching modules, so that applicants achieve the required level on a progressive basis with credits being granted for each stage. Only where an applicant clearly and flagrantly ignores the requirement to learn the French language is there likely to be any imposition of a sanction. According to Sarah Bright a Toulouse based avocat; "Those who genuinely make an effort ("assiduité et sérieux" in the words of the law), but who fail to meet the standard, have nothing to fear."

Finally, there is no express provision in the law about the sanction that will be applied if an applicant fails to meet the required standard, other than denial of a permanent residency permit. In an extreme case, where the prefecture refuses to renew an existing short-term visa, right of appeal procedures exist, when mitigating circumstances can be pleaded.

In short, despite the drama that has been created in the media about these tests, most international owners are unlikely to be affected by them. This is because those on a carte de séjour visiteur, which are those granted to most of those retiring to France, do not need to take the language test and there is no limitation on the number of times such a residency permit can be renewed. It would of course mean applying for a new residency permit each year, but that would have to be the price to pay for those unable or unwilling to obtain the necessary language competence.

There are also likely to be exemptions, notably for those aged 65 plus years, who are already exempt from the need to take a language test. The change in the law does not alter this existing provision. Accordingly, those moving over to France under 65 years of age merely need to hang on until they reach the qualifying age, when they could then apply for permanent residency.

Those most affected by the change in the law are expats who relocate to France to take a salaried position or set up a business, when professional requirements are likely in any event to mean that language competence is obtained. They can apply for a carte de séjour pluriannuelle after 1 year of legal residence. Indeed, those who create or invest in a business in France with a minimum level of investment, or who take a salaried managerial/researcher/medical position, have the possibility of obtaining a multi-year permit(talent) on first entry, without the need for a minimum language competence, albeit it is likely to be a professional necessity. The immediate family of the applicant enjoy the same exemption.

Indeed, for anyone moving to France, it self-evidently makes sense on all counts to learn the language of a country where you are proposing to live.

Needless, to say, in all of this British nationals on a Brexit permit as well as Europeans, are not affected by the changes.