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    RESIDENCY FOR EUROPEAN UNION CITIZENS AND MEMBERS OF THEIR FAMILIES
 

Applicable texts
   From article L 121-1 to article L 122-3 of CESEDA)
   From article R 121-1 to article R 122-5 of CESEDA (regulatory party)


Automatic liberty of movement: a passport/ identity card suffices. European Union citizens have the right to reside the first 3 months of their arrival in France “so long as they do not pose a financial burden on the social assistance system”.

No obligation to hold a residence permit but a request can be filed if the citizen meets the condition to benefit from the right of residence + the particular case of Romanians and Bulgarians.

The required conditions to benefit from the right of residence:
  He/she must not represent a threat to public order.
  The residence right is possible if:
 He/she practices a professional activity;
 He/she is inactive (retired for example) BUT he/she must have enough for himself/herself and family members “sufficient resources so
     as to not become a burden to the social assistance as well as to health insurance system”;
 He/she is a student on the condition of having resources and health insurance;
 He/she is part of the family (spouse, dependent children under 21 years or, dependent ascendants) of a person entering in one of the aforementioned categories or of his/her spouse.
Students can only be rejoined by their spouses and their children.

  The residence permit can be issued after examining the personal situation:
 Of foreigners who, in their home country, are dependent family members or are part of the household of a European Union citizen
     benefiting from the right of residence as a salaried worker, inactive or student;
 Of foreigners where the European Union citizen benefiting from the right of residence as a salaried worker, inactive or student must
     necessarily and personally take care of serious health issues;
 To foreigners who can prove private links and durable family units, other than through matrimony (Civil Solidarity Pacts for example,
     common-law marriage) with a European Union citizen benefiting from the right of residence as a salaried worker, inactive or student.

These dispositions equally concern the family members of non-European Union citizens.

Labor market access for European Union Citizens:

If they come from an « old » member-state of the EU: Access to the labor market under the same conditions as French workers except for professions where French nationality is required.
Since July 4, 2008, France ended the anticipated transitional period applicable to certain new countries entering the European Union in 2004: Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia and Slovenia).
Citizens of Cyprus and Malta were not subject to this transitional period.If they come from a « new » member-state of the EU (Bulgaria/Romania):
Opposability to the employment situation until January 2014 EXCEPT in certain professions and regions listed in the decree from January 18, 2008: they will have the obligation to ask for a residence permit and the Direction of labor will give its opinion. Possible exceptions: transferred workers, students, master’s degree holders, shopkeepers, etc.
The right of permanent residence:
Possibility to obtain the right of permanent residence if the European Union citizen has legally and without interruption resided 5 years in France (if during five years he/she has fulfilled all conditions to obtain the right of residence).
There are exceptions which permit reducing the waiting period in case of suspension of profession activity for example (retirement, permanent incapacity to work, etc.).
Additionally the possibility to solicit the issuing of a residence permit valid for twenty years renewable as of right carrying the mention “EU –permanent residency – all professional activities” even if this formality is not required.
Residency for family members of a European Union citizen
If they themselves are a citizen of an EU member-countryIf they are a citizen of a foreign country
Family settlement procedure not applicable to them
Required to be in possession of a valid passport / national identity card

At the prefecture they can request a residence permit« EU-family member -all professional activities” For a validity
identical to that of the joining spouse and for at least 5 years.

• Possibility to obtain a residence permit if they have resided legally and without interruption with the family member with whom they joined or accompanied during 5 years.

This waiting period can be reduced in certain cases.
• Family settlement procedure applicable to them. Request for visa is free and issued as soon as possible;
• Required to file a request for a residence permit with the Prefecture within three months following their arrival in France.

At the prefecture they can request a residence permit" Family member of a European Union Citizen Residence Permit " for a validity identical to that of the joining spouse and for at least five years.

• Possibility to obtain a residence permit if they have resided legally and without interruption in France with their European spouse during 5 years.

This waiting period can be reduced in certain cases.

dernière mise à jour le : 13/03/2014.

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