For the application of this book in New Caledonia:
1° Access to work for foreign nationals shall be exercised under the conditions laid down by the laws and regulations applicable locally and in compliance with the powers of the New Caledonian local authority;
2° The words: “in France” are replaced by the words: “on the territory of New Caledonia”, the words: “outside France” by the words: “outside the territory of New Caledonia” and the words: “French territory” by the words: “territory of New Caledonia”, with the exception of their mention in article R. 413-1 and in 1° of article R. 431-16;
>The references to the Prefect are replaced by the words: “on the territory of New Caledonia”, the words: “outside France” by the words: “outside the territory of New Caledonia” and the words: “French territory” by the words: “territory of New Caledonia”.
3° References to the prefect are replaced by references to the high commissioner of the Republic in New Caledonia and references to the prefecture or sub-prefecture are replaced by references to the State representation;
4° References to the minimum growth wage are replaced by references to the minimum wage;
> In Articles R. 421 to R. 421, the references to the minimum wage are replaced by references to the minimum wage.
5° In articles R. 421-3, 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 the provisions applicable locally;
6° In articles R. 425-1, R. 425-7 and R. 426-36, the respective 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 the locally applicable provisions;
7° In article R. 426-36, the respective 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 the locally applicable provisions;
7° Article R. 414-6 reads as follows:
“Art. R. 414-6.-The exercise by a foreigner of a salaried professional activity in New Caledonia is authorised under the conditions defined by the locally applicable provisions. “
8° In article R. 421-2, the words: “and, where applicable, their rights with regard to compensation schemes for workers deprived of employment” are deleted;
9° In article R. 421-5, the words: “or initial secondment” and the words: “or extension of his secondment” are deleted;
10° 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 registration in a locally applicable register and the issue of a RIDET number. “
11° 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 work for foreign nationals;
12° 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;
13° In article R. 421-12, the references to articles L. 421-9, L. 421-10 and L. 421-11 as well as to the talent passport – European blue card and the talent passport – researcher mobility programme are deleted;
14° In article R. 421-13, the reference to article L. 421-16 is deleted;
15° In article R. 421-14, the reference to article L. 421-16 is deleted;
16° In article R. 421-15, 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;
17° In article R. 421-26, the reference to the passport talent-researcher-mobility programme is deleted;
17° 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;
18° Article R. 421-35 reads as follows:
“Art. R. 421-35.-A foreigner whose investment is recognised by the New Caledonian authorities as a direct economic investment may be issued with the corresponding residence permit. “
19° In Article R. 421-37, the reference to Article L. 421-23 is deleted;
20° 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;
21° 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, cause to be obtained or attempt to cause to be obtained from a foreign national the document authorising him or her to work as an employed person”;
b) 3° is deleted;
22° 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”;
23° 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”;
24° 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;
25° In article R. 422-12, the reference to article L. 422-14 is deleted;
26° In Article R. 425-4:
a) 1° is deleted;
b) The words: “under the conditions provided for in the second paragraph of Article L. 251-1 of the Code de l’action sociale et des familles” are replaced by the words: “under the conditions applicable locally”;
27° In article R. 425-7, 2° is deleted;
28° Article R. 425-11 reads as follows:
“Art. R. 425-11.-For the application of Article L. 425-9, the High Commissioner of the Republic in New Caledonia 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 in a confidential envelope 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 treatment, the foreseeable duration of the treatment and whether the person concerned can benefit from appropriate treatment in their 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 High Commissioner by the competent health authority. “
29° 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. “
30° 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;
31° In Article R. 426-19, the words: “the organisation party to the international cooperation agreement referred to in Article L. 6134-1 of the Public Health Code” are deleted;
31° bis In Article R. 426-20, the words: “public health establishment or training organisation” are replaced by the words: “public or private not-for-profit health establishment”;
32° In article R. 426-22, the words: “inspection officers mentioned in article L. 8271-1-2 of the Labour Code” are replaced by the words: “local inspection officers”;
33° In article R. 430-2, the reference to article R. 431-22 is deleted;
34° In article R. 431-3, the words “at the police station or, if there is no police station,” are deleted;
35° In article R. 431-5:
a) 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: “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 and L. 426-17” are deleted;
36° In article R. 431-6, the references to articles L. 424-5 and L. 426-17 are deleted;
37° 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 and L. 421-23 and the references to the European Blue Card talent passport and the researcher mobility programme talent passport are deleted;
b) 4°, 7° and 8° are deleted;
38° 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) In 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;
39° 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”;
40° In Article R. 431-18:
a) The words: “The foreign nationals referred to in 6° to 11° and 13° to 18° of Article R. 431-16” are replaced by the words: “The foreign nationals referred to 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;
41° In the second paragraph of article R. 431-20, the words “or in one of the regional or departmental delegations of the Office français de l’immigration et de l’intégration” are deleted;
42° 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 High Commissioner of the Republic in New Caledonia or, in the event of a move outside the collectivity, by the State representative of the foreign national’s new place of residence. “
43° 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 town hall, indicating the place of his former residence as well as his occupation”;
44° 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;
45° In article R. 432-3, the reference to article R. 421-40 and 7° are deleted;
46° In Article R. 432-4:
a) the reference to article R. 421-41 is deleted;
b) 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 “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: “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.
g) 10° is deleted;
47° In Article R. 432-5, 2° is deleted;
48° Article R. 432-6 reads as follows:
“Art. R. 432-6.-The High Commissioner of the Republic in New Caledonia shall set up the territorial residence permit commission provided for in Article L. 432-14 by an order:
“1° Recording the appointment by the president of the administrative court of a delegated councillor, if applicable, and a deputy;
“2° Noting the appointment by the general assembly of the court of first instance of a magistrate and his substitute;
> 3° Designating a qualified public figure, if applicable, and his substitute;
“3° Designating a qualified public figure and his alternate. “
49° Article R. 434-4 reads as follows:
“Art. R. 434-4.-For the purposes of assessing 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 minimum wage provided for by locally applicable regulations over a period of twelve months; if the average is not reached, a favourable decision may be made taking into account changes in the applicant’s situation with regard to job stability and 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 on the basis of the family’s financial situation.
“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 per person up to eight people and by 5 square metres per additional person over eight people;
2° Meets the other minimum conditions set out in Article L. 434-5.
2° Meets the other minimum conditions of comfort and habitability laid down by the regulations applicable in New Caledonia in terms of social housing. “
51° Article R. 434-7 reads as follows:
“Art. R. 434-7.-Foreign nationals shall submit their application personally to the services of the High Commissioner of the Republic in New Caledonia.”;
52° In article R. 434-8:
a) In the first paragraph, the words: “the Minister responsible for immigration” are replaced by the words: “the High Commissioner of the Republic in New Caledonia”;
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 High Commissioner of the Republic in New Caledonia;
> 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 Commissioner verify the conditions of resources and housing 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 Commissioner of the Republic in New Caledonia may refer to the competent departments, 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 High Commissioner of the Republic”;
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 High Commissioner of the Republic in New Caledonia;
> 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 High Commissioner of the Republic in New Caledonia
59° In Article R. 434-21, the words: “Minister responsible for immigration” are replaced by the words: “High Commissioner of the Republic in New Caledonia”;
> In Article R. 434-20, the words: “Minister responsible for immigration” are replaced by the words: “High Commissioner of the Republic in New Caledonia
60° In article R. 434-26:
a) Before the second sentence of the article, which becomes a third paragraph, a second paragraph is inserted, as follows:
“Before taking a decision, the High Commissioner of the Republic in New Caledonia shall consult the Government of New Caledonia, which shall give the opinion provided for in Article L 446-4 within fifteen days of the matter being referred to it. This opinion is deemed to have been issued if it has not been given within this period. “
b) The words
b) The words “this authority” are replaced by the word “it”;
61° Article R. 434-30 reads as follows:
“Art. R. 434-30.-The High Commissioner of the Republic in New Caledonia shall inform the diplomatic or consular authority of the constituency in which the applicant’s family lives of its decision and the date on which it was notified to the applicant. “
62° The provisions of articles R. 434-31 and R. 434-32 are replaced by an article 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. “
63° Article R. 434-33 reads as follows:
“Art. R. 434-33.-The High Commissioner of the Republic in New Caledonia implements the procedure for the introduction of foreign nationals’ families into New Caledonia or, exceptionally, the procedure for admission to residence from the territory. “;
64° In article R. 434-36, the words: “by the French Office for Immigration and Integration” are replaced by the words: “under the conditions set out in the order mentioned in article R. 434-31”;
65° In article R. 435-2, the words: “employee”, “temporary worker” or “temporary worker” are deleted;
66° 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 words: “either by means of mobile stamps, or” are inserted.