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DIFFERENT TYPES OF TEMPORARY RESIDENCE PERMITS

 

General conditions to obtain a temporary residence permit:
  
One must be of age (minors can, conditionally, obtain a residence permit earlier if they wish to work)
   A regular entry is generally demanded
   One must not represent a threat to public order nor be in a situation of polygamy in France.

The temporary permit is usually valid for one year and is renewable if the conditions which permitted its issue are still applicable It can be revoked in a foreign country in reference with behavior.

Summarization Chart

  Attention :different dispositions can notably be applied to citizens of North Africa: see the form for residency for citizens of North Africa 

 

Motive for coming to France

Applicable texts(entry and residence code for foreigners and the right to asylum (CESEDA)

 

Principle characteristics

 
Visa required?

 
Automatically issued?

 
Possibility to work?

FAMILY, TOURIST VISIT ETC. FOR + 3 MONTHS

Articles L 313-6 and R 313-6

YES, long-stay visa required:
this visa is valid as a residence permit during 1 year (except for Algerians)

NO

The foreigner must have health insurance

NO
The foreigner must be able to live off of his/her own resources (estimated on the basis of SMIC(minimum growth wage in France))or be taken care of by a third-party in France

STUDIES

Article L 313-7 and R 313-7 to R 313- 10

YES, long-stay visa required

YES, long-stay visa required: this visa is valid as a residence permit during 1 year (except for Algerians)

Long-stay visa not required :

- for students coming on the « examination student » permit who pass their examination

- for students who have pursued their education in France since the age of 16 years

- in case of necessity linked to the development of their studies

YES in certain cases (accords between States, French scholarship holders, awardees of French baccalaureate…)

Enrollment in a French educational institutions must be justified and resources equivalent to at least the average monthly allocation paid to students by the French government

The re-issue of this permit is linked to the pursuit of studies which is real and serious

This permit can be valid for 4 years

 

YES
The foreign student can work up to 964 hours per year and the employer must declare the student with the prefecture

ATTENTION : if the hourly limit is exceeded, the residence permit could be revoked

INTERNSHIP

Article L 313-7-1 and from R 313-10-1 to R 313-10-5

YES, long-stay visa required EXCEPT:
- in case of necessity related to the development of the internship: only a regular entry will be required in this case

This visa is valid as a residence permit during 1 year (except for Algerians)

NO

 

The intern must have signed an internship agreement with an accepted organization

NO

 

The foreigner must subsist from his own personal resources

SCIENTIFIC WORK /RESEARCH

 

 

 

Articles L 313-8 to article L 313-8-1 and from R 313-11 to R 313-13

YES long-stay visa required: this visa is valid as a residence permit during 1 year (except for Algerians)
Additionally,  the Visa is required for the rejoining family who can obtain a residence permit for private and family purposes: the family members receive a residence permit valid for the same period as the permit’s bearer

NO

 

The foreigner who is a scientist must present a welcoming protocol

This permit can be valid for 4 years

YES for the proposed scientific research
 

ARTISTIC AND CULTURAL PROFESSIONAL ACTIVITY

Article L 313-9 and R 313-14

YES, long-stay visa required

NO

 

 

 

 

 

YES for the proposed artistic and cultural activity

The foreigner must present a work contract for more than 3 months endorsed by the DDTEFP (Departmental Direction of work and Professional Training) or the DRAC (French Regional Cultural Affairs Agency)

PROFESSIONNAL ACTIVTY

Article L 313-10  and from R 313-15 to R 313-19-1

 

 

 

YES, long-stay visa required: it is a valid residence permit for one year for foreigners (except Algerians) salaried (coming with a work contract for a period equal to or greater than 1 year), temporary workers (coming with a work contract greater than 3 months and less than 1 year) or transferred employees
 

NO

The conditions and documents to be assembled will depend upon the practiced activity

For example:

- to obtain a permit with the mention salaried worker, a work contract endorsed by the DIRECCTE must be provided
The employment situation will not be opposable for professions / geographical zones where there are recruitment difficulties

- in order to have the permit permitting the practice of a commercial, industrial, or artisanal activity, the viability and reality of the project would need to be demonstrated etc.

YES

The permit will bear a different mention according to the exercised professional activity: salaried, shopkeeper, seasonal worker, employee on assignment, European blue card, etc.

ATTENTION: The permit can be issued to a seasonal worker for a period of 3 years: the work contract period cannot exceed  6 months for periods of one year of work

The European blue card can additionally by issued for 3 years

PRIVATE AND FAMILY PURPOSES

Article L 313-11 to L 313 -15

 

Articles R 313 -20 to R 313-34-4

NO EXCEPT for:

- the beneficiaries of family reunification: starting on 01/01/12 this visa will be valid for a permit during 1 year (except for beneficiaries of bilateral accords)

- spouses of French citizens: this long-stay visa is valid for a permit during 1 year (except for Algerians)

- the joining family of a foreigner bearing the permit “scientist”, “European blue card” “competencies and talents” or “employee on assignment”

 

YES in principle

This permit is issued to:
 
-the foreigner entering France via family reunification living in France with one of his/her parents for at least 13 years
-the foreigner was in the custody of the l’ASE (Children’s Social Welfare) until he/she was 16
 
-the foreign child or spouse of the holder of the permit “competencies and talents”, European blue card” or “employee on assignment”: will obtain a residence permit for the same period as the holder of the permit
 
- the foreign spouse of a French citizen
-the foreign spouse of the holder of a residence permit “scientist”: will obtain a residence permit for the same period as the holder of the permit
 

-the foreign parent of a French child
- the foreigner born in France and having lived there at least 8 years and having gone to school there 5 years since the age of 10 years

- the foreigner having a work accident pension
- the stateless
-the foreigner whose state of health necessitates the taking of responsibility  under the condition that the medical treatment is nonexistent
-the foreigner benefiting from subsidiary protection
- the foreigner benefiting from  a protection order

The issue is as of right in this case if the required conditions are met

This permit can be issued:
-to family members of the holder of long-stay residence in the EC in another Country of the EU where they legally resided with this person and having sufficient resources for health insurance

YES

The foreigner can practice the profession of his/her choice

ATTENTION: For the family members rejoining the foreigner holding long-stay resident status, the private and family purposes permit does not authorize them to work the first year of its issue, except for children who have resided in France for at least one year

EXCEPTIONAL ACCEPTANCE OF A PERMT or HUMAN TRAFFICKING VICTIMS
or DENUNCIATION OF A NETWORK OF PIMPS

-Articles L 313-14 to L 313-15 and from article  L 316-1 to L 316-4
-From article R 313-33 to R 313-34 and from article R 316-1 to R 316-10

NO

NO

This permit is issued under humanitarian situations or regarding the particular situation of the foreigner when his/her request does not correspond to any considered by CESEDA
Minors taken into  custody by the ASE (Children’s Social Welfare) can obtain a “ salaried / temporary worker” permit if they justify the attending of training classes intended to bring them professional qualifications + opinion of structure, etc.
● For foreigners who are victims of human trafficking or who have filed a complaint, a permit For six months is granted
If the perpetrators are found guilty, a residence permit can be issued. The victim can have access to social security, can collect temporary waiting allocation; and can additionally benefit from lodging

YES

The foreigner can practice the profession of his/her choice

The issued permit will bear the mention “ private and family purposes” or “salaried /temporary worker”

COMPETENCIES AND TALENTS

Article L 315-1 to 315-9 and R 315-1 to R 315-11

YES, long-stay visa required

Visa additionally required for the rejoining family who can obtain a family and private purposes permit

NO

This permit is issued to the foreigner, who through his/her competencies and talents, can participate, in a significant and long-term way, to the economic development and to the influence between France and his home country

The request is generally  filed to the foreigner with the consulate and the project is examined by national commission for competencies and talents

The permit is valid for 3 renewable years

YES for the proposed project

 

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