For the application of this book in New Caledonia:
1° Access to work for foreign nationals is exercised under the conditions laid down by the legislation and regulations applicable locally and in compliance with the powers of the local authority;
2° The words: “in France” and “French territory” are replaced respectively by the words: “on the territory of New Caledonia” and “territory of New Caledonia”, with the exception of their references in articles L. 413-1, L. 413-4 and L. 413-5, L. 414-2, L. 414-3, L. 423-6, L. 423-13, L. 426-2, in 3° of Article L. 434-7 or in references to the obligation to leave French territory;
3° In Article L. 411-1, 6° is deleted;
4° In Article L. 411-4, the references to Articles L. 421-9 to L. 421-11, L. 421-15 and L. 421-16, L. 421-26 to L. 421-29 are deleted;
5° In Article L. 411-5:
a) In the first paragraph, the words “as well as the resident permit bearing the wording “long-term resident-EU” granted by France” are deleted;
b) The last paragraph is deleted;
6° In Article L. 412-2, 1°, 3°, 4°, 6°, 7°, 8°, 10° and 11° are deleted;
7° In Article L. 412-4:
a) The references to Articles L. 421-9, L. 421-10, L. 421-16 and L. 421-24 are deleted;
b) The words: “or “talent-researcher mobility programme passport”” and the words: “to the multiannual residence permit bearing the words “salarié détaché ICT” provided for in Article L. 421-26, à la carte de séjour pluriannuelle portant la mention ” salarié détaché mobile ICT (famille) ” prévue à l’article L. 421-28 ” sont supprimés ;
8° À l’article L. 412-5, les mots : ” et de la carte de résident portant la mention ” résident de longue durée-UE ” sont supprimés ;
9° L’article L. 413-2 est ainsi rédigé :
“Art. L. 413-2 -A foreign national admitted for the first time to reside in New Caledonia or who enters New Caledonia legally between the ages of sixteen and eighteen, and who wishes to remain there permanently, prepares for his or her republican integration into French society. 10° Article L. 413-3 reads as follows: “Art. L. 413-3-The republican integration contract provided for in article L. 413-2 includes civic training which includes a presentation of French institutions and the values of the Republic, in particular equality between men and women and secularism. Language training leads to a State-recognised qualification or diploma. Foreign nationals also benefit from an information session on life in New Caledonia and its institutions and, where appropriate, a professional skills assessment. All these training courses and services are provided free of charge. “; 11° In Article L. 413-5: “Art. L. 413-6.-A Conseil d’Etat decree sets out the conditions for application of this section. “; 13° The second paragraph of Article L. 413-7 reads as follows: “Art. L. 414-12 -The issue of residence permits bearing the words “employee”, “temporary worker” and “seasonal worker” respectively, as provided for in Articles L. 421-1, L. 421-3 and L. 421-34, is subject to compliance with locally applicable provisions relating to work permits for foreign nationals and the legislation and regulations in force locally relating to employment law. “; 20° Article L. 421-1 reads as follows: “Art. L. 421-1-A foreign national who is employed under an employment contract approved in accordance with locally applicable provisions for a period of twelve months or more may be issued with a temporary residence permit bearing the word “employee” for a maximum period of one year. 21° Article L. 421-3 reads as follows: “Art. L. 421-3-A foreign national holding an employment contract, approved in accordance with locally applicable provisions, for a fixed term of less than twelve months may be issued with a temporary residence permit bearing the wording “temporary worker” for a maximum period of one year. 22° Article L. 421-7 reads as follows: “Art. L. 421-7 -For the application of the provisions relating to the “talent passport” in New Caledonia: 23° In Article L. 421-8, the references to Articles L. 421-9 to L. 421-11, L. 421-15 and L. 421-16 are deleted; “Art. L. 422-8-The temporary residence permit bearing the words “seeking employment or setting up a business” allows foreign nationals to seek employment in New Caledonia and to work there in accordance with locally applicable legislation and regulations in a job related to their training. “; 35° In article L. 422-11, the words: “”passport talent-carte bleue européenne””, the references to articles L. 421-9, L. 421-10 and L. 421-11 and the words: “without the employment situation being a factor” are deleted; “Art. L. 423-13 -A foreign national born in France who can prove by any means whatsoever that he or she has resided in New Caledonia for at least eight continuous years and, after the age of ten, has attended a school in New Caledonia for at least five years, shall be issued, if he or she applies between the age of sixteen and the age of twenty-one, with a temporary residence permit bearing the wording “private and family life” for a period of one year. The condition set out in Article L. 412-1 does not apply. “38° The first paragraph of Article L. 424-2 reads as follows: “Art. L. 432-7.-A residence permit may also be withdrawn from any employer, holder of this permit, in breach of the provisions in force locally relating to the employment of foreign labour as well as from any foreigner who disregards these same provisions or who carries out a self-employed activity without having received authorisation to do so. “49° In article L. 432-9, the words: “who does not comply with the limit of 60% of the annual working hours provided for in the same article. The words “which does not respect the ancillary nature of the salaried professional activity if the holder is authorised to carry it out under the laws and regulations applicable locally” are replaced by the words: “which does not respect the ancillary nature of the salaried professional activity if the holder is authorised to carry it out under the laws and regulations applicable locally. “50° In article L. 432-11, the words: “in breach of the provisions of article L. 8251-1 of the Labour Code” are replaced by the words: “in breach of the provisions applicable locally. “; “Art. L. 432-14 -The residence permit commission is made up of: 52° In Article L. 433-1: “Art. L. 434-8-To assess the resources mentioned in 1° of Article L. 434-7, all the resources of the applicant and his/her spouse are taken into account. 59° In the first paragraph of Article L. 435-1, the words: “employee”, “temporary worker” or” are deleted;
a) 8° and 11° to 14° are deleted;
b) In 7°, the references to Articles L. 421-9, L. 421-10 and L. 421-16 are deleted and, in 9°, the words: “or “talent-researcher-mobility programme passport”” are deleted;
12° Article L. 413-6 reads as follows:
“When assessing the integration condition, the administrative authority shall take into account whether the foreign national has signed and complied with the commitment based on the Republican integration contract. It may refer the matter to the mayor of the municipality in which the foreign national resides for an opinion. This opinion is deemed to be favourable on expiry of a period of two months from the date of referral to the mayor by the administrative authority. 14° In article L. 414-1, the words: “in France” are replaced by the words: “in the territories to which they give access”; 15° In article L. 414-4, in 2°, the words: “in France” are replaced by the words: “in the territories to which they give access”. 414-4, in 2°, the words: “, a national of the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Swiss Confederation” and in 3°, the words: “, a national of the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Swiss Confederation” are deleted;
16° In Article L. 414-8:
a) 3°, 5°, 12°, 13°, 14° and 15° are deleted;
b) In 8°, the reference to Article L. 422-14 is deleted;
17° In Article L. 414-10, the words: “metropolitan territory” are replaced by the words: “territory of New Caledonia”;
18° In Article L. 414-11, 2° and 3° are deleted;
19° Article L. 414-12 reads as follows:
” 1° The multi-annual residence permits mentioned in Articles L. 421-13, L. 421-14, L. 421-17 to L. 421-21 may be issued as soon as the foreign national is first admitted for residence;
” 2° The card referred to in 1° may only be issued to a foreign national from a country belonging to the priority solidarity zone if France has concluded a partnership agreement for co-development with this country or if this foreign national has undertaken to return to his or her country of origin after a maximum period of six years; <3° The card referred to in 1° is awarded on the basis of the content and nature of the foreign national's project and the interest of this project for New Caledonia and for the country of which the foreign national is a national; when the foreign national wishing to benefit from a "talent passport" card is legally resident in New Caledonia, he/she submits his/her application to the High Commissioner of the Republic in New Caledonia. If the foreign national resides outside the territory of the Republic, he/she submits his/her application to the French diplomatic and consular authorities with territorial jurisdiction. The administrative authority competent to issue this card is the High Commissioner of the Republic in New Caledonia;
” 4° The residence card mentioned in 1° allows its holder to carry out any professional activity of their choice, in compliance with locally applicable legislation and regulations and within the framework of the project mentioned in 3°. “
24° In Article L. 421-13, after the first paragraph, the following paragraph is inserted:
“This residence permit may also be issued to a foreign national seconded by an employer established in New Caledonia when this secondment is between establishments of the same company or between companies of the same group under the same salary threshold condition set by decree by the Conseil d’Etat. “25° In Article L. 421-14:
a) The last sentence of the first paragraph is deleted;
b) The last paragraph is worded as follows:
“Notwithstanding the provisions of Article L. 433-1, this card may not be withdrawn if the foreign national is involuntarily deprived of employment. “26° In Article L. 421-17, the second paragraph is deleted; 27° In Article L. 421-18, the words: “direct economic investment in France” are replaced by the words: “direct economic investment in New Caledonia in accordance with locally applicable regulations on foreign investment” and the second paragraph is deleted; 28° In Article L. 421-19, the second paragraph is deleted. 421-19, the second paragraph is deleted;
29° In Article L. 421-20, the third paragraph is deleted;
30° In Article L. 421-21, the second paragraph is deleted;
31° In Article L. 421-22, the references to Articles L. 421-9 to L. 421-11, L. 421-15 and L. 421-16 are deleted;
32° In Article L. 421-34:
a) In the first paragraph, the words: “who holds a seasonal job” are replaced by the words: “holder of a seasonal employment contract” and the reference to 3° of Article L. 1242-2 of the Labour Code is replaced by a reference to locally applicable provisions having the same purpose;
b) The last paragraph is replaced by two paragraphs worded as follows:
“It enables this seasonal professional activity to be carried out in compliance with locally applicable legislation and regulations.
” The procedures enabling the High Commissioner of the Republic in New Caledonia to ensure that the holder of this card complies with the maximum authorised periods of residence in New Caledonia and the exercise of a professional activity are set by decree. “;
33° In Article L. 421-35, the references to Articles L. 421-23 and the words: “or the resident card bearing the words “long-term resident-EU” provided for in Article L. 426-17″ are deleted;
34° Article L. 422-8 reads as follows:
36° In article L. 422-12, the words: “or the multi-annual residence permit bearing the words “talent passport” provided for in Article L. 421-16″ are deleted;
37° Article L. 423-13 reads as follows:
“After submitting their application for a resident’s card, and while awaiting the issue of this card, the foreigner mentioned in Article L. 424-1 has the right to exercise the profession of their choice under the conditions laid down by the provisions applicable locally in New Caledonia. “39° In article L. 425-9:
a) In the second paragraph, the words: “a panel of doctors from the medical service of the French Office for Immigration and Integration” are replaced by the words: “the doctor appointed under the conditions set out in an agreement between the High Commissioner of the Republic and the Government of New Caledonia”;
b) The second paragraph is completed by a sentence worded as follows:
“This doctor may summon the applicant for a medical consultation before a medical committee, the composition of which is set by joint order of the ministers responsible for health, immigration and overseas France. “c) The words “the Office’s doctors” and “the panel of doctors” are replaced by “the doctor”; d) The last paragraph is deleted; 40° In article L. 425-10:
a) In the second paragraph, the words: “entitles the holder to engage in a professional activity” are replaced by the words: “may entitle the holder to engage in a professional activity within the framework of the legislation and regulations applicable locally”;
b) In the fourth paragraph, the words: “a panel of doctors from the medical service of the French Office for Immigration and Integration” are replaced by the words: “the doctor appointed under the conditions set out in an agreement between the High Commissioner of the Republic and the Government of New Caledonia”;
41° In article L. 426-4:
a) In the first paragraph, the words: “or the resident card bearing the words “long-term resident-EU” provided for in Articles L. 421-12, L. 421-25 or L. 426-17″ are deleted;
b) In the third paragraph, the words: “, unless they are applying for the issue or renewal of a residence permit bearing the wording “long-term resident-EU” provided for in Article L. 426-17″ are deleted;
c) In the fifth paragraph, the reference to Article L. 414-14 is deleted;
42° In Articles L. 426-5, L. 426-6 and L. 426-7, the words: “a French body” are replaced by the words: “a local social protection body”;
43° In article L. 426-8, the words: “French basic social security scheme” are replaced by the words: “New Caledonian social protection scheme”;
44° In article L. 426-20, the words: “the amount of which must be at least equal to the net annual minimum growth wage, independently of the allowance for disabled adults mentioned in Article L. 821-1 of the Social Security Code and the supplementary allowance mentioned in Article L. 815-24 of the same code” are deleted;
45° In Article L. 431-4, after the words: “authorises its holder to carry out a professional activity”, the words: “under the conditions applicable locally” are inserted;
46° In the second paragraph of Article L. 432-2, after the reference to Article L. 421-1, the reference to Article L. 421-3 and the references to Articles L. 421-9 to L. 421-11, L. 421-15 and L. 421-16 are deleted;
47° In the last paragraph of Article L. 432-5, after the reference to Article L. 421-1, the reference to Article L. 421-3 is inserted and the references to Articles L. 421-9 to L. 421-11, L. 421-15 and L. 421-16 are deleted;
48° Article L. 432-7 reads as follows:
51° Article L. 432-14 reads as follows:
” a) The president of the administrative court or a delegated councillor, president;
” b) A magistrate appointed by the general assembly of the court of first instance;
” c) A qualified person appointed by the high commissioner of the Republic in New Caledonia for their expertise in social matters.
” d) A qualified person appointed by the High Commissioner of the Republic in New Caledonia for his or her expertise in public safety or his or her alternate;
” e) A mayor or his deputy appointed by the president of the association of mayors of New Caledonia or, where there are several associations of mayors, by the High Commissioner of the Republic in New Caledonia in consultation with them;
” f) The president of the government of New Caledonia or his representative.
” A representative of the High Commissioner of the Republic in New Caledonia acts as rapporteur for this commission. “;
a) in the first paragraph, the words: “With the exception of the multi-annual residence permit bearing the wording “seconded ICT employee”, provided for in Article L. 421-26, and” are deleted, the words: “which are not renewable” are replaced by the words: “which is not renewable”;
b) in the third paragraph, the references to Articles L. 421-9, L. 421-10, L. 421-11 are deleted;
53° In Article L. 433-3, the second paragraph is deleted;
54° In 1° of Article L. 433-4, the words: “provides evidence of his or her attendance, subject to exceptional circumstances, and of the seriousness of his or her participation in training courses prescribed by the State as part of the republican integration contract concluded pursuant to Article L. 413-2 and” are deleted;
55° 4° of Article L. 433-5 is deleted;
56° In Article L. 433-6, the second paragraph is deleted;
57° In Article L. 433-7, the words: “or the resident card bearing the words “long-term resident-EU” provided for in Articles L. 421-12, L. 421-25, L. 424-5, L. 424-14 or L. 426-17″ are deleted;
58° Article L. 434-8 reads as follows:
“A Conseil d’Etat decree shall set the resource conditions that must be met by applicants for family reunification and the procedures for verifying how these conditions are met. “;
60° In Article L. 435-2, the reference to Article L. 265-1 of the Social Action and Family Code is replaced by the reference to the locally applicable provisions and the words: “employee”, “temporary worker” or” are deleted;
61° In Article L. 435-3, the words: “Exceptionally,” are deleted and the words: “marked ’employee’ or ‘temporary worker’ are replaced by the words: ‘private and family life'”;
62° In article L. 436-1, the references to articles L. 422-14 and L. 426-22 are deleted.