Fiche pratique

THE RESIDENCE PERMIT

 

Applicable texts
  Article L 314-1 to article L 314-15 of CESDA (entry and residence code for foreigners and the right to asylum)
  Article R 314-1 to article 314-6 of CESDA


Characteristics:
  Period of 10 years, authorized to work and renewable as of right. EXCEPT IF: situation of polygamy in France or if convicted of violence to a minor of 15 years having led to a mutilation or permanent impairment, such as female circumcision for example.

The residence permit will not be issued or will be revoked for the same motives.
  
When the residence permit is issued to a spouse of a French citizen, it can be revoked in case of break-up of the communal life within the limit of 4 years after the marriage EXCEPT IF:

◦ a child is born from their union
◦ if the French spouse dies
◦ if the foreign spouse is a victim of domestic violence: these acts of violence must be proved and a protection order must be obtained

  Attention :The residence permit will be expired if the foreigner spends three consecutive years outside of France (six years if it is marked “long-stay resident-EC”): without exception, the entire procedure will begin again as soon as they return to France.

Issuing Conditions
The issuing of the residence permit can be refused if the foreigner represents a threat to public order.

   Issuing as of right: obligation of legal residence (possession of a visa or a valid residence permit)

Must benefit from the residence permit

  • The ascendants cared for by a French national, his/her children under 21 years OR under his/her care: the long-stay visa is demanded;
  • The holders of an accident at work pension or of a work-related illness if their permanent incapacity is greater than or equal to 20% as well as their legal claimants;
  • The veterans of the French Army or those assimilated to it, foreigners who have served in the foreign legion, in an allied army…;
  • Statutory refugees: the residence permit can equally by issued to their spouse (the marriage must be prior to, or have occurred at least 1 year prior) and to their minor children or in the year of their 18th birthday;
  • The parents of a recognized refugee foreigner but who entered France as an unaccompanied minor;
  • Stateless persons if they can justify 3 years of regular residence: in addition the permit can be issued to their spouse and to their minor children in the year of their 18th birthday;
  • A foreigner born in France and who can justify having their regular residence in France during a minimum of at least 5 years since the age of 11 years (this child can choose to become French).

   Conditional issuing

Subject to a good republican integration (adherence to and respect of the welcome and integration contract + favorable judgment of the mayor) and the mastery of the French language, the residence permit CAN be issued:

  • After 3 years of regular residence for:
  • Foreigners benefiting from a family settlement (spouse + adult child in their 18th year) if the foreigner that they rejoin benefits from the residence permit;
  • The parents of a French child;
  • The spouses of a French National: maintaining of communal life is required and the residence of the foreigner in France must be regular.
  • After 5 years of regular residence for:

Conditions: having benefited during 5 years from one of the following residence permits: “visitor”, “scientific researcher”, “cultural and artistic profession”, “salaried”, “shopkeeper”, “professions not subject to authorization”, “private and family life”, “talents and competencies”, “European blue card”, “residence permit”, or for the spouses/children of a foreigner benefiting from the status of “long-stay resident-EC”.

For the holders of the European blue card: they obtain the long-term residence permit-EC if they can justify 5 years of residence in Europe where two were spent in France before the filing of the claim. They must not have been absent for more than 18 months of this period.

Additionally there will be an examination of the professional activity, the means of existence/appreciated resources in reference to the minimum growth wage in France and the conditions of accommodation. The mayor is referred to for judgment: his silence counts as a favorable judgment after two months.

  Attention :The possibility to obtain a residence card with the mention of “long-stay resident-ED” if the foreigner has medical insurance. His/her livelihood and professional activity conditions will also be examined

  Other particular cases:

  • A residence permit can be issued to a foreigner who brings in an exceptional economic contribution. His/her spouse will benefit from the same permit.
  • Finally, the residence permit can also be issued to a foreigner having lodged a complaint for certain infractions, testifying in a penal procedure or benefiting from protection measures (for the victims of domestic violence) if the perpetrator of the deeds is permanently convicted.
dernière mise à jour le : 13/03/2014.
  Ce document est la propriété de l'ADATE - Fiche pratique provenant du site info-droits-etrangers.org