Article 41 of Law n°2018-778 of 10 September 2018, which came into force on March, 1 2019, introduced the possibility for foreign students to obtain a “job seeker / new business creator” residence permit instead of the former temporary residence permit (“APS” for “autorisation provisoire de séjour”):
“I.- A temporary residence residence permit bearing the words “job seeker or new business creator” with a validity of twelve months, non-renewable, is issued to the foreigner who justifies :
1° Either to have held a temporary or multi-year residence permit bearing the mention “student” issued on the basis of Articles L. 313-7, L. 313-18 or L. 313-27 and to have obtained a degree at least equivalent to a master’s degree or appearing on a list fixed by decree;
2° Or having held a multi-year residence permit bearing the mention “researcher” issued on the basis of 4° of article L. 313-20 and have completed his research work.
This is not a simple repetition of the provisions of the former Article L.311-11 of the CESEDA relating to the “APS” since Article L.313-8 of the CESEDA include the following provisions :
“IV- Foreign nationals who have obtained a diploma in a nationally authorised higher education establishment that is at least equivalent to a Master’s degree or who appear on a list fixed by decree and who, on completion of their studies, have left the national territory, may benefit from the temporary residence permit provided for in I, within a maximum period of four years from the date on which the said diploma was obtained in France. »
Nevertheless, nationals of certain countries that have concluded migration agreements with France continue to be granted with APS in application of those agreements.
More specifically, what about Lebanon and Senegal?
LEBANON
France and Lebanon signed an agreement on the mobility of young people and professionals on June 26, 2010 in Beirut, the approval of which was authorized by law n°2013-243 of March 25, 2013.
However, this agreement has not been ratified by the Lebanese authorities.
It is therefore ordinary law, and in particular the provisions of the law of 18 September 2018, which is intended to apply to Lebanese students, who may therefore be issued residence permits bearing the words “seeking employment or setting up a business”.
SENEGAL
France and Senegal signed an Agreement on the concerted management of migration flows on 23 September 2006, amended by an amendment of 25 February 2008. This agreement has been ratified by the French and Senegalese parties and therefore continues to apply.
This Franco-Senegalese agreement is nevertheless limited to a reference to the national legislation of the two countries relating to the issuing of a SPA, and does not contain binding provisions on this point.
This is fortunate for Senegalese students, who will also be able to be issued “job-seeking or business creation” residence permits.