Nationals from a number of non-EU countries enjoy special status deriving from bilateral agreements.

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First, it has to be noted the special situation or Algerian nationals enjoyed by them and based on the Evian agreement of 1962 and subsequent implementing agreements. Their position, which put them in an advantageous position up until the entry into force of EU norms relating to freedom of movement and establishment for EU citizens, has progressively been eroded.

Under the agreements with Algeria, Algerians can be issued a residence card valid for one or ten ears. This is a special title and the conditions for issuance are: access to sufficient resources, former residence and not having posed a threat to public order. Algerian students in France do not require a work permit to work while studying. However, they can work only for a maximum of three months per year and work must be undertaken between 1 June and 31 October. Algerian nationals can have a residence card for periods ranging from 6 to 8 months if they are seasonal workers. The validity of the residence card coincides with the duration of the seasonal work contract. Algerian professional paid trainees can obtain a residence card for a maximum of one year (renewable only once) for the duration of their traineeship.

Nationals of Andorra and Monaco do not require a work permit. Andorran nationals must hold an identity card which can be obtained from the Prefecture at the place of residence and is renewable every ten years. Monaco citizens only need their passports stamped by the French Consulate in Monaco to work within France.

While most nationals of Francophone Africa and Madagascar hare not covered by any special bilateral agreement and thus fall under the rules relating to non-EU nationals, citizens of Gabon, Togo and Central African Republic enjoy a different status, due to bilateral agreements between France and their countries of origin.

Centrafrican nationals do not have to be registered with the OMI. They must hold a residency card, but do not need a work permit to work in France and benefit from a regime of free circulation. In order to employ Togolese and Gabonese citizens employers do not need to pay the required tax to the OMI.

Despite the accent being stressed on the fight to illegal migration and the aim of zero immigration in the eighties and early nineties, certain measures have gone a long way towards recognizing the need for more flexible legal instruments to cover legitimate needs for mobility and exchange with of third country nationals without abandoning the fight to illegal migration and migration control. Thus, for instance, the Chevenement law of 1998, has eased access to the territory of the Republic for workers who undertake cultural and scientific exchanges without presenting a risk of permanent immigration.

In terms of access to services and non-discrimination, the trend, albeit solely and sometimes painfully evolving is of greater equality of rights with no distinction between third country nationals to whom “ordinary” rules for entry and access to work apply, third country nationals covered by special bilateral agreements and EU citizens.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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