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Feb 9, 2026

Constitutional Council Guts Key Provisions of France’s Immigration Law

Constitutional Council Guts Key Provisions of France’s Immigration Law
In a decision published Sunday, 8 February 2026, France’s Conseil constitutionnel struck down more than one-third of the articles in the government’s flagship immigration bill, dramatically weakening measures that would have tightened access to welfare benefits, family reunification and student visas. Thirty-two clauses were rejected as “cavaliers législatifs”—provisions judged unrelated to the bill’s core purpose—while three others were partially or wholly annulled on constitutional grounds. (tunisie-direct.com)

Among the casualties: a plan to impose a refundable “return deposit” on foreign students, tougher income thresholds for family-reunification sponsors and parliamentary quotas on annual immigration inflows. The Council also invalidated a new offence of irregular stay that critics said would criminalise undocumented migrants.

At this juncture, companies and travelers looking for clarity on the still-applicable CESEDA procedures can lean on VisaHQ’s France portal (https://www.visahq.com/france/), where interactive checklists and expert support streamline everything from student-visa appointments to family-reunification documentation.

Constitutional Council Guts Key Provisions of France’s Immigration Law


For employers and mobility teams the ruling averts a raft of immediate compliance headaches. HR specialists had feared the student-deposit rule would deter talent pipelines from emerging markets and that quotas could complicate intra-company transfers. The censure means existing procedures under the Code de l’entrée et du séjour des étrangers (CESEDA) remain in force—at least until the government redrafts the text.

Politically, the setback is significant. President Macron’s centrists had already watered down the bill to win right-wing support; now Interior-Minister-turned-Justice-Minister Gérald Darmanin must choose between re-tabling the contentious articles or pivoting to administrative decrees. Opposition parties are claiming victory, while business federations welcome the legal certainty.

Practical take-away: companies planning 2026 recruitment drives can proceed under current rules, but should watch for narrower decrees on language testing and overstay penalties—two areas the Council left largely untouched. Legal advisers recommend budgeting for higher processing fees after 1 March, when a separate finance-bill surcharge on residence permits takes effect.
VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.
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