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 Foreigners concerned: 

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  • Foreign children under the age of 21 or dependent on a French national (Article L 423-12 of CESEDA);

  • Ascendants dependent on a French national or their spouse (article L 423-11 of CESEDA) ;

  • Foreigners recognized as refugees (article L 424-1 of CESEDA) ;

  • Foreign family members of a refugee (article L 424-3 of CESEDA):

 

Their spouse, partner with whom they are linked by a civil union or cohabiting partner authorized to stay in France for the purposes of family reunification;

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Their spouse, partner with whom they are linked by a civil union, if the marriage or civil union occurred after the submission of the asylum application, provided that the marriage or civil union has been celebrated since at less than one year and an effective living community;

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His children in the year of their 18th birthday;

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Their ascendants if the refugee is an unmarried minor.

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  • Foreigners likely to acquire French nationality due to their birth in France under the conditions provided for in article 21-7 of the Civil Code (Article L 426-1 of CESEDA) ;

  • Foreigners holding a “retired” residence permit who demonstrate their desire to establish themselves in France and reside there as their main activity (article L 426-10 of CESEDA) ;

  • Victims of human trafficking (people who have filed a complaint or testified against the perpetrators of pimping or human trafficking offenses, when they have been the subject of a final conviction) (Article L 425-3 of CESEDA) ;

  • Foreigners holding a work accident or occupational illness pension paid by a French organization and whose rate of permanent incapacity is equal to or greater than 20% (article L 426-6 of CESEDA) ;

  • The beneficiaries of a foreigner receiving a death pension due to a work accident or occupational illness (article L 426-7 of CESEDA) ;

  • Foreign veterans and legionnaires (articles L 426-2 and L 426-3 of CESEDA):

 

Foreigners who have served in a combat unit of the French army;

 

Foreigners who have actually fought in the ranks of the French forces of the interior, hold a demobilization certificate or who have been injured while fighting the enemy;

 

Foreigners who served in France in a combat unit of an allied army or who, previously residing in France, fought in the ranks of an allied army;

 

Foreigners serving or having served in the Foreign Legion, with at least three years of service in the French army and holder of the certificate of good conduct.

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 Conditions :

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To benefit from the issuance of a resident card, upon first admission to stay, the foreigner must satisfy the following conditions:

  • The regularity of the stay;

This condition does not apply to foreigners:

– spouse of a refugee or partner with whom he is linked by a civil union, if the marriage or civil union occurs after the submission of the asylum application, provided that the marriage or civil union has been celebrated for at least a year and of an effective community of life;

– ascendant of a minor and unmarried refugee;

– serving or having served in the Foreign Legion, with at least three years of service in the French army and holder of the certificate of good conduct.

  • Production of a long-stay visa for children under 21 years of age or dependents of a French national and for ascendants dependent on a French national or their spouse.

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→ After three years of regular stay in France

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Certain foreigners will be automatically issued a resident card, valid for 10 years, after three years of legal residence in France.

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Foreigners concerned:

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Are concerned :

  • The family member (spouse or child within the year following their 18th birthday) of a foreigner in possession of a resident card, who entered France through family reunification after 3 years of uninterrupted residence (article L 423-16 of CESEDA) ;

  • The parent of a French child who has held, for 3 years, a temporary residence permit or a multi-year residence permit if the conditions for obtaining the residence permit are still met and he or she does not live in a situation of polygamy (article L 423-10 of CESEDA) ;

  • The French spouse, after 3 years of marriage, subject to the continuity of the community of life, the transcription of the marriage certificate if the marriage was celebrated abroad and the spouse is still of French nationality (article L 423-6 of CESEDA). The spouses may therefore have lived abroad. In this case, the application for a resident card must be presented within two months of entering France.

For French spouses and parents of French children residing in Mayotte, a condition of stable, regular and sufficient resources will be required. Resources must be at least equal to the minimum wage.

Social benefits are not counted as resources. This provision does not apply to beneficiaries of the allowance for disabled adults and the supplementary disability allowance.

The issuance of a resident card after 3 years of legal residence is conditional on the republican integration of the foreigner into French society "assessed in particular with regard to his personal commitment to respect the principles which govern the French Republic, of effective respect for these principles and knowledge of the French language, which must be at least equal to a level defined by decree of the Council of State.

The foreigner must therefore provide diplomas or certifications to attest to their mastery of French at a level equal to or higher than level A2 of the CEFR.

The list of admitted diplomas is fixed by theorder of February 21, 2018.

However, people whose state of health makes it difficult or even impossible to take a language test, due either to a disability or to a chronically poor state of health, may benefit from test arrangements or even be exempt from taking the language test in French, upon presentation of a medical certificate (CESEDA art. R. 314-1). ->  see Order of February 10, 2021 setting the medical certificate model.

 

→ After four years of regular stay in France

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Some foreigners will be automatically issued a resident card, valid for 10 years, after four years of legal residence in France.

 Foreigners concerned

Are concerned :

  • Foreigners holding a multi-year residence permit issued to a person who has obtained the benefit of subsidiary protection and who has 4 years of regular residence in France;

  • Foreigners holding a multi-year residence permit issued to a person having obtained stateless status and having 4 years of regular residence in France;

  • His family members:

Their spouse, partner with whom they are linked by a civil union or cohabiting partner authorized to stay in France for the purposes of family reunification;

Their spouse, partner with whom they are linked by a civil union, if the marriage or civil union occurred after the submission of the asylum application, provided that the marriage or civil union has been celebrated since at less than one year and an effective living community;

His children in the year of their 18th birthday;

Their ascendants if the beneficiary of subsidiary protection or stateless status is an unmarried minor.

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Long-term resident card - EU

→ Automatic delivery

The automatic issue of a residence permit does not mean the automatic issue of the residence permit!

The foreigner must respect the conditions set by the texts for obtaining residence. The notion of full rights relates to the discretionary power of the prefecture which will then be limited.

Applicable texts:

Article L 426-17 to L 426-19 of CESEDA

Articles R 426-7 to R 426-8 of CESEDA(regulatory part)

 Conditions

  • The foreigner must prove uninterrupted regular residence of at least 5 years in France under cover of a long-stay visa equivalent to a residence permit, temporary residence card, multi-year residence card or resident card.

Years of residence under the following residence permits are not taken into account:

– the long-stay visa serving as a residence permit and the “student”, “trainee” and “ICT trainee” temporary residence card;

– the long-stay visa serving as a residence permit and the multi-year “talent passport” residence card issued to foreigners on assignment in France and to members of their family, the multi-year “seasonal worker” residence card and the multi-year residence card “detached ICT employee”;

– the “retired” residence card and the resident card issued to foreign refugees and members of their family.

L'Article L. 426-17 of CESEDA provides that “The years of residence under cover of a temporary residence card bearing the mention  ” private and family life » withdrawn by the administrative authority on the basis of a marriage whose sole purpose was to obtain a residence permit or to acquire French nationality cannot be taken into account to obtain the resident card.

Absences of a maximum of 6 consecutive months and not exceeding 10 months in total will be taken into account in the calculation of the 5 years of stay. Beyond that, the stay in France will no longer be considered uninterrupted.

  • The foreigner must demonstrate stable, regular and sufficient resources. These resources must be at least equal to the amount of the SMIC.

Family benefits, RSA and ASS are not taken into account in the calculation of resources.

The means test is not applicable to people receiving the Allowance for Disabled Adults or the Supplementary Disability Allowance.

  • The foreigner must prove that he or she is a beneficiary of health insurance rights;

  • The issuance of the long-term resident card – EU is conditioned by the republican integration of the foreigner into French society fixed at thearticle L 423-19 of CESEDA.

 

 

→ Issuance subject to the discretionary power of the administration

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Refugees and beneficiaries of subsidiary protection

Applicable texts:

Article L 424-5 of CESEDA

Article R 424-2 and R 424-3 of CESEDA(regulatory part)

The long-term resident card – EU CAN be issued to the refugee or to the beneficiary of subsidiary protection under the conditions set out in thearticle L 426-17 of CESEDA.

The condition of 5 years of uninterrupted legal residence in France is applicable but the calculation includes the duration of examination of the asylum application.

The card bears in the “Remarks” section the words “France granted international protection on [date]”.

The family members of the refugee or the beneficiary of subsidiary protection may be issued with the long-term resident card – EU under the conditions of common law.

 Foreigners holding a CSP “talent passport” mentioning “European blue card”

Applicable texts:

Article L. 421-25 of CESEDA

Articles R 421-24 of CESEDA(regulatory part)

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The long-term resident card – EU CAN be issued to foreigners holding a multi-year “talent passport” residence card with the mention “European blue card” if they meet the following conditions:

  • Have resided for at least 5 years uninterruptedly under cover of a “European Blue Card” residence card in the territory of a Member State of the European Union, including in France for the 2 years preceding their application for a long-term resident card – EU;

Absences from the territory of the European Union do not suspend the calculation of this period if these absences do not exceed 12 consecutive months and do not reach in total more than 18 months over the entire period of uninterrupted residence of at least least 5 years.

  • Have stable, regular and sufficient resources under the conditions set by thearticle L 426-17 of CESEDA ;

  • The issuance of the long-term resident card – EU is conditioned by the republican integration of the foreigner into French society fixed at thearticle L 426-19 of CESEDA.

Family members can obtain the long-term resident card – EU if they respect the conditions of article L. 426-17 of CESEDA including 5 years of regular and uninterrupted presence in France. Years in another Member State of the European Union will therefore not be taken into account.

 

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The republican integration of foreigners into French society is  particularly assessed with regard to his knowledge of the French language which must be at least equal to a level defined by decree of the Council of State.

The foreigner must therefore provide diplomas or certifications to attest to their mastery of French at a level equal to or higher than level A2 of the CEFR.

The list of admitted diplomas is fixed by theorder of February 21, 2018.

However, people whose state of health makes it difficult or even impossible to take a language test, due either to a disability or to a chronically poor state of health, may benefit from test arrangements or even be exempt from taking the language test in French, upon presentation of a medical certificate (CESEDA art. R. 314-1). ->  see Order of February 10, 2021 setting the medical certificate model.

 

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The permanent resident card

The permanent resident card is valid for an indefinite period. Whether it is issued automatically or on a discretionary basis, its delivery is subject to the republican integration of the foreigner into French society, a condition set out in thearticle L 426-19 of CESEDA.

Applicable texts:

Article L 426-4 of CESEDA

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→ Automatic delivery

There are two cases of automatic issuance of the permanent resident card:

  • During the second renewal of the resident card or the long-term resident card – EU;

  • When renewing a resident card when its holder is over 60 years old, even if he does not request it EXCEPT if the foreigner requests the issuance or renewal of a long resident card duration – EU.

→ Issuance subject to the discretionary power of the administration

The permanent resident card can be applied for from the first renewal of a resident card. Its delivery will, however, be subject to the discretionary power of the administration.

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The renewal

→ The principle

Resident cards are automatically renewable. Renewal cannot be refused on the grounds that the presence of the foreigner constitutes a threat to public order unless expulsion proceedings are initiated.

→ Exceptions

  • The foreigner's absence from the territory for more than 3 years: the foreigner has been absent from the territory for more than 3 years so that his residence permit has expired. However, if he meets the conditions for obtaining a full resident card, he may request the issuance of a new card;

  • The foreigner is in a polygamous situation in France;

  • The foreigner has committed an offense against a minor aged 15;

  • The foreigner is the subject of a report for the purposes of non-admission: the prefectures consult the SIS (Schengen Information System) file when applying for renewal and if the foreigner appears there, they must either refuse the renewal unless there are humanitarian reasons and international obligations which justify the renewal or consult the State which reported the foreigner to the SIS file if they plan to renew the title;

  • Expiry of the long-term resident card – EU: the long-term resident card – EU expires if the foreigner has been absent from the territory of the European Union for more than 3 years or if since the date of issue of this card, the foreigner acquired the same card in another Member State of the European Union or if the foreigner has resided outside France for 6 consecutive years.

A foreigner who has obtained the issue of a resident card in an overseas department is not entitled to automatically renew his or her resident card in mainland France.

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

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