Residence permit

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Applying for a residence permit is a complex procedure due to access to legal information and brief reforms.

1. WHAT IS A RESIDENCE PERMIT?

The residence permit is recognition by the administration of the right to stay temporarily in a country.

It is issued by the prefecture services after examination of the application submitted by the foreigner already present in the territory and who wishes to reside there.

It is distinguished from the Visa which is a residence authorization issued to foreigners not yet present in the territory and who wish to come to France.

The residence permit is therefore an essential document for a foreigner present in the territory.

Failing to obtain a residence permit, the foreigner risks being expelled from the territory if he is subject to a police check. A foreigner without a residence permit will have difficulty living in France because he will not be able to access employment or other advantages to which a foreigner may be entitled.

2. WHAT ARE THE REGULATIONS ON THE RESIDENCE PERMIT?

Several legal systems govern the procedure for applying for a residence permit. There is mainly the CESEDA codified in 2004, alongside which appear the bilateral conventions and circulars.

But the conditions for issuing the residence permit have been modified several times by law. Over the years, obtaining a residence permit has become more restrictive.

After the laws of 2003, 2006, 2007, 2011, 2016, this is the law of September 10, 2018 which constitutes the last law to date. However, another reform is currently underway.

In addition to these numerous reforms, the application for a residence permit is governed by other texts called circulars. They clarify the terms of application of these different laws. One of the best-known circulars is the Valls Circular of November 28, 2012. It governs the conditions for applying for a residence permit for foreigners present in France for several years in an irregular situation.

However, a very important recent circular was also issued on November 2, 2016. It is this new text which specifies the conditions for applying for a residence permit or renewal for people in a regular situation.

3. WHAT ARE THE IMPACTS OF BILATERAL CONVENTIONS?

Finally, certain foreigners may benefit from advantages or even flexibility in the conditions for submitting or processing their file. This results from bilateral conventions which have been signed between France and certain States. Several countries in sub-Saharan Africa and the Maghreb have signed conventions with France which allow their nationals to benefit from advantages. Depending on your nationality, you can therefore benefit from certain flexibilities.

Even if some prefectures tend to refuse to take cases on this basis, court decisions confirm the applicability of these texts. Using a lawyer specializing in immigration law allows you to obtain the filing of your file.

4.WHAT ARE THE DIFFERENT TYPES OF RESIDENCE PERMIT?

There are several types of residence permit depending on the reason given:

Student residence permit
Employee residence permit
Entrepreneur residence permit
Skills and talent residence permit
Private and family residence permit
Residence permit for health reasons
Residence permit for humanitarian reasons
Refugee residence permit for asylum seeker
Visitor residence permit

Each request must comply with very strict file submission conditions depending on the status requested. This is why it is strongly recommended to seek the advice of a lawyer in order to submit a file that meets the criteria for the residence permit requested. Otherwise, you risk obtaining a refusal accompanied by an OQTF.

5.HOW TO SUBMIT AN APPLICATION FOR A RESIDENCE PERMIT?

The application for a residence permit is submitted to the prefecture of the foreigner’s place of residence. You must first make an appointment to submit your request. Appointments are no longer made by telephone or by request at the prefecture reception. Now most prefectures require you to make an appointment online by connecting to the platform of the prefecture you are responsible for. Some prefectures, however, continue to allow appointments to be made on site.

Unfortunately, it is increasingly difficult to get an appointment on the platforms. Recourse to a lawyer specializing in immigration law can greatly facilitate the process.

6.WHAT IS THE PROCEDURE FOR APPLYING FOR A RESIDENCE PERMIT?

The procedure depends on the situation of the person concerned and the reasons for their request for a residence permit. Deposit requests are made at the prefecture. They concern the following situations:

1st application for a residence permit
Renewal of residence permit
Status change
Family reunion

7. WHATARE THE DEADLINES?

Following the registration of your residence permit application following the submission of the file, the prefecture administration has a legal period of 4 months. In fact, the Prefect has a period of 4 months to examine your request for a residence permit. At the end of these 4 months without a response, the residence permit application is considered rejected.

It should be noted that these 4-month deadlines are an exception in administrative procedures. Indeed, apart from foreigners' law, the common law deadline for an explicit refusal is 2 months.

To take stock of your situation, contact us by email or by telephone for an initial consultation at 07.80.91.71.06.