Fiche pratique

FAMILY REUNIFICATION

 

Textes applicables
   Articles L 411-1 to article L 441-1 from the entry and residence code for foreigners and the right to asylum (CESEDA)
   Articles R 411-1 to article R 431-1 from CESEDA (regulatory party)


Définition

  Procedure permitting a foreigner regularly settled in France for more than 18 months to be rejoined by, under condition, by his/her of age spouse and his/her minor children at the time of the demand (children who are legitimate, natural, adopted, acquired via Algerian kafala…)

  Attention :The specific dispositions are previewed for community citizens as well as for Algerian, Tunisian, Moroccan, and Sub-Saharan African citizens.

Conditions

For the applicant
The applicant must have resources that are:
        stable: taking into consideration revenues from the prior 12 months.
        sufficient: must be equal to or greater than 1.2 times the minimum growth wage in France and higher in function of family composition (family allocations do not figure in the calculation of resources) but no condition of resources is demanded of those who benefit from handicapped-adult allocation or from supplementary allocation (Algerians do not benefit)
The applicant must reside in a salubrious lodging whose space is adaptable for the family available from the moment the family arrives in France.
The applicant must know the principles which govern family life in France (secularism, compulsory education, monogamy etc..).

For the settling family
They must reside outside of France: but admission on the premises if the couple is in a regular situation and meets all of the conditions for family settlement
They must have a knowledge of French and republican values (linguistic training organized in the home country).
They must not represent a threat to French public order.
They must not have contracted a serious illness (International Health Regulation) which endangers public health and public safety.
The members of the family must arrive together, partial family settlement is forbidden except in the greater interest of the child (schooling, sickness..)

Procedure

The request can be filed with l’OFII (French Immigration and Integration Office)
The mayor of the commune verifies the applicant’s conditions for resources and lodging and the respecting of essential principles
    which govern family life in France.
NO RESPONSE = FAVORABLE JUDGMENT.
OFII completes the instruction if necessary and sends the file to the Prefect.
The prefect makes and informs OFII of its decision which is conveyed to the Mayor and to the appropriate French consular authorities:
    a MAXIMUM of 6 months from the time of a complete file submission until response.

Delivery of Request

Positive decision: attribution of a temporary residence permit « private and family life” upon the family’s arrival in France. January 1st 2012, the long-stay permit will be valid during 1 year (except for beneficiaries of bilateral accords).
Negative decision: possible recourse (internal, hierarchic and litigation appeal).

  Attention :Renewal of the residence permit will be refused if there is a rupture in the marriage within three years after its issue..

Exceptions :
  rupture due to domestic violence
  child is born to couple

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