For the application of this book in the Wallis and Futuna Islands:
1° Access to employment for foreign nationals is exercised under the conditions laid down by the legislation and regulations applicable locally and in accordance with the powers of the Wallis and Futuna Islands collectivity;
2° The words: “in France” are replaced by the words: “on the territory of the Wallis and Futuna Islands”, the words: “outside France” by the words: “outside the territory of the Wallis and Futuna Islands” and the words: “French territory” by the words: “territory of the Wallis and Futuna Islands”, with the exception of their mention in article R. 413-1 and in 1° of article R. 431-16;
3° References to the prefect are replaced by references to the senior administrator of the Wallis and Futuna Islands and references to the prefecture or sub-prefecture are replaced by references to the services of the State in the Wallis and Futuna Islands;
The references to the mayor are replaced by references to the mayor of the Wallis and Futuna Islands.
4° References to the mayor are replaced by a reference to the head of the territorial division, unless otherwise stated in this book;
>The references to the minimum wage are replaced by a reference to the head of the territorial division.
5° References to the minimum growth wage are replaced by references to the minimum wage;
6° In articles R. 421-1, R. 421-4, R. 426-16, R. 426-19 and R. 431-14, references to the provisions of the Labour Code are replaced by references to locally applicable provisions having the same purpose;
7° In articles R. 425-4, R. 425-7 and R. 426-19, the references to article 160-1 of the Social Security Code, articles L. 124-4 and L. 124-6 of the Education Code and articles L. 251-1 and L. 265-1 of the Social Action and Family Code are replaced by references to locally applicable provisions having the same purpose;
>Articles R. 426-19 and R. 426-19 are replaced by references to locally applicable provisions having the same purpose;
Articles R. 426-19 and R. 426-19 are replaced by references to locally applicable provisions having the same purpose
8° Article R. 414-6 reads as follows:
“Art. R. 414-6 .-The exercise by a foreigner of a salaried professional activity in the Wallis and Futuna Islands is authorised under the conditions defined by the locally applicable provisions. “
9° In article R. 421-2, the words: “and, where applicable, their rights with regard to compensation schemes for workers deprived of employment” are deleted;
10° In article R. 421-5, the words: “or initial secondment” and the words: “or extension of his secondment” are deleted;
11° Article R. 421-7 reads as follows:
“Art. R. 421-7 .-The provisions of Article L. 421-5 are applicable to foreign nationals whose self-employed activity requires them to be registered in a locally applicable register and issued with a number for this purpose. “
12° In article R. 421-9, the reference to the department responsible for foreign labour in the département is replaced by the reference to the department responsible locally for access to employment for foreign nationals;
13° In article R. 421-11, the references to articles L. 421-9 to L. 421-11, L. 421-15, L. 421-16 and L. 421-23 as well as the European Blue Card talent passport and the mobility programme researcher talent passport are deleted;
14° In article R. 421-12, the references to articles L. 421-9, L. 421-10 and L. 421-11 as well as to the European Blue Card talent passport and the mobility programme talent-researcher passport are deleted;
15° In article R. 421-13, the reference to article L. 421-16 is deleted;
16° In article R. 421-14, the reference to article L. 421-16 is deleted;
17° In article R. 421-15, the references to articles L. 421-9, L. 421-10, L. 421-11 as well as to the European Blue Card talent passport and the mobility programme talent-researcher passport are deleted;
18° In article R. 421-26, the reference to the passport talent-researcher-mobility programme is deleted;
18° bis In article R. 421-34-1, the reference to the ministry responsible for the economy is replaced by the reference to the service responsible locally for access to employment for foreign nationals;
19° Article R. 421-35 reads as follows:
“Art. R. 421-35 .-A foreigner whose investment is recognised by the Wallis and Futuna Islands authorities as a direct economic investment may obtain the corresponding residence permit. “
20° In article R. 421-37, the reference to article L. 421-23 is deleted;
21° In articles R. 421-55, R. 421-56 and R. 421-58, the references to mobile ICT trainees and to article L. 421-31 are deleted;
22° In article R. 421-55:
a) The words: “has been convicted under Article L. 8256-1 of the Labour Code” are replaced by the words: “has been convicted under locally applicable provisions relating to fraud or misrepresentation in order to obtain, have obtained or attempt to obtain for a foreign national the document authorising him or her to work as an employed person”;
> b) The third paragraph is deleted;
c) The fourth paragraph is deleted;
d) The fourth paragraph is deleted;
e) The fourth paragraph is deleted
b) 3° is deleted;
23° In article R. 421-56, the words: “prohibitions defined in 1° to 4° of article L. 8211-1 of the Labour Code” are replaced by the words: “prohibitions defined by locally applicable provisions relating to offences of illegal employment” and the words: “has been convicted under article L. 8256-2 of the same code” are replaced by the words: “has been convicted under locally applicable provisions relating to the illegal employment of a foreigner”;
24° In article R. 421-58, the words: “has been convicted pursuant to article L. 8256-2 of the same code” are replaced by the words: “has been convicted pursuant to the provisions applicable locally concerning the illegal employment of a foreigner”;
25° In article R. 421-59, the words: “under Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and residence of third-country nationals for the purposes of employment as seasonal workers” are deleted:
26° In article R. 422-12, the reference to article L. 422-14 is deleted;
27° In article R. 425-4, 1° is deleted;
28° In article R. 425-7, 2° is deleted;
29° Article R. 425-11 reads as follows:
“Art. R. 425-11 .-For the application of Article L. 425-9, the higher administrator of the Wallis and Futuna Islands issues the residence permit in the light of an opinion issued by the competent health authority.
“This opinion is issued on the basis of a report sent under confidential cover by a hospital practitioner and the information available on the possibilities for treatment in the person’s country of origin. It specifies the need for medical care, the foreseeable duration of the treatment and whether the person concerned can benefit from appropriate treatment in the country of origin. It also states whether the person’s state of health allows him or her to travel safely to the country of return. The opinion is forwarded to the higher administrator of the Wallis and Futuna Islands by the competent health authority. “
30° Article R. 425-12 reads as follows:
“Art. R. 425-12 .-The hospital practitioner responsible for drawing up the report referred to in Article R. 425-11 may request, where appropriate, the doctor or hospital practitioner who usually follows the applicant. He will inform the applicant accordingly.
“He may also summon the applicant to be examined and have any tests deemed necessary carried out. The applicant must provide the medical service with documents proving his identity. If there is no response within fifteen days, or if the applicant fails to attend the summons issued to him or her, or if he or she has not presented the documents proving his or her identity the hospital practitioner draws up his or her report in the light of the information available to him or her and states in it that the applicant has not responded to his or her summons or has not provided proof of his or her identity. “
31° In 3° of Article R. 426-16, the words: “within the framework of the cooperation agreement provided for in Article R. 6134-2 of the Public Health Code” are deleted;
32° In Article R. 426-19, the words: “the organisation that is a party to the international cooperation agreement referred to in Article L. 6134-1 of the Public Health Code” are deleted;
33° In Article R. 426-22, the words: “control officers mentioned in Article L. 8271-1-2 of the Labour Code” are replaced by the words: “local control officers”;
34° In article R. 430-2, the reference to article R. 431-22 is deleted;
35° In article R. 431-3, the words “at the police station or, if there is no police station,” are deleted;
36° In article R. 431-5:
a) The references to articles L. 421-23, L. 421-26 to L. 421-29, L. 421-31 and L. 421-33 are deleted;
> b) In 4°, the words “L. 421-23” are deleted.
b) In 4°, the words: “unless they hold long-term EU resident status granted by France under Articles L. 421-12, L. 421-25, L. 424-5, L. 424-14 or L. 426-17” are deleted;
37° In article R. 431-6, the references to articles L. 424-5 and L. 426-17 are deleted;
38° In Article R. 431-14:
a) The references to Articles L. 422-14, L. 421-9 to L. 421-11, L. 421-15, L. 421-16, L. 421-23 and L. 426-5 to L. 426-7 as well as the references to the European Talent Passport-Blue Card and the Talent Passport-Researcher Mobility Programme are deleted;
b) 4°, 7° and 8° are deleted;
39° In Article R. 431-16:
a) In 7°, the words “for an indefinite period” are replaced by the words “for a period equal to or greater than twelve months”;
b) In 8°, the words: “for a fixed term” are replaced by the words: “for a term of less than twelve months” and the words: “or in the cases provided for in Articles L. 1262-1 and L. 1262-2 of the Labour Code” are deleted;
c) At 10°, the references to articles L. 421-9 to L. 421-11, L. 421-15, L. 421-16 and L. 421-23 are deleted;
d) 11°, 14° and 18° are deleted;
40° In Article R. 431-17, the words: “the endorsements mentioned in 6° to 18° of Article R. 431-16” are replaced by the words: “the endorsements mentioned in 6° to 10°, 12° and 13°, 15° to 17° of Article R. 431-16”;
41° In Article R. 431-18:
a) The words: “Foreign nationals mentioned in 6° to 11° and 13° to 18° of Article R. 431-16” are replaced by the words: “Foreign nationals mentioned in 6° to 10°, 13°, 15° to 17° of Article R. 431-16”;
b) the references to Articles L. 421-9 to L. 421-11, L. 421-15, L. 421-16, L. 421-23, L. 421-24, L. 421-26 to L. 421-29, L. 421-31, L. 421-33, L. 422-1, L. 422-2, L. 422-4, L. 422-14 and L. 426-22 are deleted;
42° In the second paragraph of article R. 431-20, the words: “or in one of the regional or departmental delegations of the French Office for Immigration and Integration” are deleted;
43° Article R. 431-21 reads as follows:
“Art. R. 431-21.-When the application for a residence permit is submitted pursuant to Article L. 431-2, the residence permit is issued by the higher administrator of the Wallis and Futuna Islands or, in the event of a move outside the collectivity, by the State representative of the foreign national’s new place of residence. “
44° In article R. 431-23, the words: “for a period of more than one year” are deleted and the words: “to the territorially competent administrative authority” are replaced by the words: “to the head of the territorial constituency, indicating the place of his former residence as well as his profession”;
45° In article R. 432-2, the references to articles R. 421-23, R. 421-43, R. 421-46, R. 421-52 and R. 426-14 are deleted;
46° In article R. 432-3, the reference to article R. 421-40 and 7° are deleted;
47° In Article R. 432-4:
a) the reference to article R. 421-41 is deleted;
b) In 2°, the words: “in breach of the provisions of Article L. 5221-8 of the Labour Code or has disregarded the provisions of Article L. 5221-5 of the same code” are replaced by the words: “without having checked with the competent local authorities that the employee’s residence permit and work permit are valid”;
> c) In 4°, the words: “without having checked with the competent local authorities that the employee’s residence permit and work permit are valid” are replaced by the words: “without having checked with the competent local authorities that the employee’s residence permit and work permit are valid”;
c) In 4°, the words: “unless he is the holder of a resident’s permit bearing the wording “long-term resident-EU” provided for in Articles L. 421-12, L. 421-25, L. 424-5, L. 424-14 or L. 426-17 granted by France” are deleted;
d) In 5°, the reference to Article L. 5221-5 of the French Labour Code is replaced by a reference to locally applicable provisions having the same purpose;
> e) Article 8° is deleted.
e) 8° is deleted;
> f) In 9°, the words “and” are replaced by “and”.
f) In 9°, the words: “in breach of the provisions of Article L. 5221-8 of the Labour Code” are replaced by the words: “without having checked with the relevant local authorities that the employee’s residence permit and work permit are valid”;
> g) 10° is deleted;
The words “in breach of the provisions of Article L. 5221-8 of the Labour Code” are replaced by the words
g) 10° is deleted;
48° 2° of Article R. 432-5 is deleted;
49° Article R. 434-4 is worded as follows:
“Art. R. 434-4.-For the assessment of the resources referred to in 1° of Article L. 434-7 and Article L. 434-8: “The applicant’s resources are assessed by reference to the average of the minimum wage provided for by the regulations applicable locally over a period of twelve months; where the average is not reached, a favourable decision may be made taking into account changes in the situation of the person concerned with regard to the stability of their employment and their income, including after the application has been submitted.
“The spouse’s resources are also taken into account when assessing the resources referred to in the previous paragraph that will provide a stable source of income for the family budget.
“Non-salary income is established by any means. “
50° Article R. 434-5 reads as follows:
“Art. R 434-5.-For the application of 2° of Article L. 434-7, a dwelling is considered to be normal if it:
.
“1° Has an overall living area of at least 14 square metres for a childless household or two people, increased by 6.5 square metres for each person up to eight people and by 5 square metres for each additional person over eight people;
2.
“2° Meets the other minimum conditions of comfort and habitability laid down by the regulations in force locally with regard to social housing. “
51° Article R. 434-7 reads as follows:
“Art. R. 434-7.-The foreigner shall submit his application personally to the services of the higher administrator of the Wallis and Futuna Islands. “;
52° In article R. 434-8
a) In the first paragraph, the words: “the Minister responsible for immigration” are replaced by the words: “the senior administrator of the Wallis and Futuna Islands”;
b) In 1°, the words: “specially authorised officials from the social affairs or housing departments of the municipality in which the family is to reside, as well as officials from the French Office for Immigration and Integration” are replaced by the words: “officials appointed by the Chief Administrator of the Wallis and Futuna Islands”;
> c) 2° is deleted.
c) 2° is deleted;
53° In article R. 434-12, the words: “the services of the Office français de l’immigration et de l’intégration issue” are replaced by the words: “it is issued”;
54° In article R. 434-14, the words “the departments of the French Office for Immigration and Integration” are replaced by the words “the department that received the application”;
55° Article R. 434-15 reads as follows:
“Art. R. 434-15.-The services of the High Administrator shall verify the means and housing conditions provided for in 1° and 2° of Article L. 434-7 and compliance with the essential principles governing family life in France provided for in 3° of the same article. “
56° Article R. 434-17 reads as follows:
“Art. R. 434-17.-The High Administrator of the Wallis and Futuna Islands may refer to the competent services, as necessary, a request for an investigation into the employment that provides the applicant with all or part of the resources he or she claims. “
57° In article R. 434-18, the words: “the mayor” are replaced by the words: “the services of the senior administrator”;
58° In article R. 434-19, the words: “specially authorised agents of the local authority departments responsible for social affairs or housing or, at the request of the mayor, agents of the French Office for Immigration and Integration” are replaced by the words: “agents appointed by the Senior Administrator”;
59° In Article R. 434-21, the words: “the Minister responsible for immigration” are replaced by the words: “the Senior Administrator of the Wallis and Futuna Islands”;
>The Minister responsible for immigration is replaced by the words: “the Senior Administrator of the Wallis and Futuna Islands”.
60° Article R. 434-30 reads as follows:
“Art. R. 434-30.-The higher administrator of the Wallis and Futuna Islands shall inform the diplomatic or consular authority of the district in which the applicant’s family lives of its decision and the date on which it was notified to the applicant. “
61° The provisions of articles R. 434-31 and R. 434-32 are replaced by an article R. 434-31 worded as follows:
“Art. R. 434-31.-The medical examination of family members for whom the benefit of family reunification is requested is carried out under the conditions laid down by joint order of the Minister for Health, the Minister for Immigration and the Minister for Overseas France. “
62° Article R. 434-33 reads as follows:
“Art. R. 434-33.-The High Administrator of the Wallis and Futuna Islands shall implement the procedure for the introduction of the families of foreign nationals into the Wallis and Futuna Islands or, exceptionally, the procedure for admission to residence from the territory. “
63° In article R. 434-36, the words: “by the Office français de l’immigration et de l’intégration” are replaced by the words: “under the conditions laid down by the order referred to in article R. 434-31”;
64° In article R. 435-2, the words: “employee”, “temporary worker” or “temporary worker” are deleted;
65° In article R. 436-34, after the words: “The taxes provided for in articles L. 436-1 to L. 436-5 shall be paid”, the following words are inserted: “either by means of mobile stamps, or”.