France: Why Does the Right Want to Reconsider the Agreement with Algeria Which Regulates Immigration?

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The Republicans in the National Assembly are calling for the unilateral denunciation of the Franco-Algerian agreement on immigration. They tabled a motion for a resolution to this effect. This revision was initially advocated by former Prime Minister Édouard Philippe.

” There are extremely powerful historical relations between France and Algeria, but the maintenance today of such a system with a country with which we have complicated relations no longer seems justified to me”. It is with this declaration that the former Prime Minister of Emmanuel Macron, Édouard Philippe, relaunched the debate around this agreement on Monday, June 5.

” Fifty-five years later, the conditions have changed. I think that this treaty must be re-examined “, supported Wednesday June 7 the President LR of the Senate Gérard Larcher, considering that it introduces “discrimination” between Algeria and other countries of immigration.

“Algeria is not fulfilling its obligations”

The 1968 Franco-Algerian agreement on immigration confers a special status on Algerians, notably by governing their conditions of movement, residence and employment in France. It is today questioned by several French political leaders, in particular on the right. They consider this exception anachronistic.

It, therefore, appears that no coherent migration policy is possible without the denunciation of the Franco-Algerian agreement.

Last May, the think tank classified on the right Fondapol had already denounced in a study the “anomaly” of this agreement. The latter prevents France ” from acting significantly on the flows from Algeria “, estimated Fondapol.

” The situation in France is all the more disadvantaged in that Algeria does not fulfill its obligations, particularly with regard to the issue of consular passes” which allow expulsions to be carried out, she added, before concluding: ” It, therefore, appears that no coherent migration policy is possible without the denunciation of the Franco-Algerian agreement “, which had not agitated the public debate for a decade.

Support the French economy 

Signed six years after the end of the Algerian war (1954-1962), the agreement comes at a time when France needs arms to support its economy. The agreement creates a largely favorable immigration regime for Algerians.

Their entry is facilitated (without their needing a long-stay visa).

Thanks to this agreement, they can establish themselves freely to exercise a commercial activity or an independent profession and they have faster access than nationals of other countries to the issue of a 10-year residence permit.

In the context of family reunification, family members also receive a 10-year residence certificate upon arrival if the person they join has this title. Algerians can also apply for a 10-year certificate after three years of residence, compared to five for other nationalities.

In the implementing decree of March 18, 1969, the approach was justified by “the need to maintain a regular flow of workers “, passing in particular at the time through the National Labor Office, and which ” takes account of the volume of traditional Algerian immigration to France “. The Algerians remain today the first foreign nationals, in number, in France.

What is the Franco-Algerian Agreement of 68?

The bilateral agreement between France and Algeria was signed on December 27, 1968. It creates a special status for Algerian nationals in terms of movement, residence, and employment in France. The agreement went through three revisions, in 1985, 1994 and 2001. They led to three amendments, but the main principles of the text were maintained. 

The text, which comes under international law and therefore takes precedence over French law, excludes Algerians from common immigration law. Since then, Algerians have had no residence permit in France. They can benefit from “residence certificates for Algerians”.titles of this kind were issued in 2022, according to official statistics.

In its immigration bill – since postponed – the current government stressed that the provisions do not concern “Algerian nationals who are exclusively governed by the Franco-Algerian agreement ”.

Algerian students wronged 

On the other hand, since their status is governed by this agreement alone, Algerian nationals cannot claim other residence permits created recently. In particular, professional immigration titles such as the “talent passport” or the “student mobility program” card.

Algerian students lose out. They cannot work, for a student job for example, without requesting a temporary authorization and this job cannot exceed 50% of the annual working time practiced in the branch concerned (compared to 60% for other nationalities).