Retailleau Circular: Stricter Conditions for Regularization through Exceptional Admission to Stay
A circular is an administrative directive issued by an authority to guide the application of legislative measures. In immigration law, it plays a key role in shaping France’s migration policies. The most recent one, known as the Retailleau circular (published on January 23, 2025), changes the criteria for Exceptional Admission to Stay (AES) for undocumented foreign nationals.
What Is Exceptional Admission to Stay (AES)?
AES allows foreign nationals who don’t meet the usual criteria to get a residence permit if they can prove special circumstances, like a long stay in France or a humanitarian situation. Unlike standard procedures—which are governed by strict rules—AES is based on the discretionary power of prefects, making its application often unpredictable.
Changes Introduced by the Retailleau Circular
The new circular tightens the conditions for AES access. Key updates include:
- A minimum of seven years’ residence in France, aiming to reduce the number of applications on exceptional grounds
- A contract pledging allegiance to the values of the Republic, reinforcing the idea of cultural integration
- Proof of language proficiency, requiring applicants to demonstrate their French skills, which makes regularization even more challenging
These adjustments reflect a more selective approach, complicating the regularization process for many foreign nationals.
Labor Needs in Sectors Under Strain
The Interior Minister justifies this tougher stance by citing the need to cut down on illegal immigration. In 2023, 34,724 people obtained a residence permit via AES, a figure unchanged from 2022. However, under the new rules, it’s more difficult to secure legal status, especially for those applying on family or humanitarian grounds.
Comparison with the 2012 Valls Circular
The Retailleau circular marks a restrictive shift compared to the 2012 Valls circular, which took a more flexible approach. Back then, regularization was possible after five years of residence, with less stringent criteria for workers in sectors facing labor shortages. French language skills only had to be at a basic level, making it easier to get regularized.
Impact of Stricter Policies
There’s no doubt that these new measures, introduced by the government, aim to control immigration by promoting an economic and selective regularization process. But they also make life harder for the most vulnerable migrants, further limiting their access to fundamental rights.
Tightening AES requirements could encourage abusive practices, including exploitation by illegal intermediaries. Far from fostering smooth integration, this policy risks pushing undocumented individuals to the margins and fueling underground networks.
Conclusion
It’s important to remember that these measures should only apply to AES cases, not those covered by standard immigration law. However, in practice, prefects often apply them broadly, which can lead to overly restrictive interpretations. If you need advice or assistance, feel free to reach out to our litigation department.
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