Fiche pratique

RESIDENCY FOR MAGHREB CITIZENS
(Algeria, Morocco and Tunisia)

 

France has established bilateral agreements with the countries of the Maghreb and these agreements have a value superior to that of French law: they must be applied in priority.

  Attention: If the agreement foresees nothing concerning certain aspects of residency for foreigners in France, what is previewed in the entry and residence code for foreigners and the right to asylum (CESEDA) will be applied.

The table below lists the principle dispositions applicable for citizens of the Maghreb and compares them with what is foreseen by the CESEDA.
For Algerians, the residence permit is called the residence certificate (CRA): it can be for a period of 1 year to 10 years.

Dispositions previewed by CESEDA for foreign citizens

For Algerians
(modified Franco Algerian agreement from 27/12/1968)

For Tunisians
(modified Franco Tunisian agreement from 17/03/1988)

For Moroccans
(Modified Franco Moroccan agreement from 09/10/1987)

FAMILY REUNIFICATION

ARTICLE L 313-11 °1: Issuing of a private and family purposes residence permit for one year to the rejoining family

Article 4:
Issuing to the rejoining family a residence permit of the same type as that of the bearer: 1 or 10 years depending on the case

Article 5:
Issuing to the rejoining family a residence permit of the same type as that of the bearer: 1 or 10 years depending on the case

Article 5:
Issuing to the rejoining family a residence permit of the same type as that of the bearer: 1 or 10 years depending on the case

FAMILY REUNIFICATION

Article L 411-1:  the holder of the residence permit must regularly reside for more than 18 months before being able to file a request for family reunification

Article 4:
A regular residence of 12 months is sufficient to file a request for family reunification

 

Application of CESEDA: 18 months

 

Application of CESEDA: 18 months

FAMILY REUNIFICATION

Article L 411-5: the lodging must be normal for a similar family living in the same geographical region

 

Article 4-2:
The lodging must be normal for a similar family living in France

 

Application of CESEDA

 

Application of CESEDA

Dispositions previewed by CESEDA for foreign citizens

For Algerians
(modified Franco Algerian agreement from 27/12/1968)

For Tunisians
(modified Franco Tunisian agreement from
17/03/1988)

For Moroccans
(Modified Franco Moroccan agreement from 09/10/1987)

RESIDENCE PERMIT FOR THE FOREIGN MINOR

Article L 313 11 2°
Issuing of a private and family purposes residence permit when the minor becomes of age if entered France before the age of 13 years if he/she resided with one of his/her parents

Article 7 twice e:
The minor must have entered France before the age of 10 years but not have resided there alone

Article 7 three times d: The minor must have entered France before the age of 10 years but not have resided there alone

Application of CESEDA

RESIDENCE PERMIT FOR THE PARENTS OF A FRENCH MINOR

Article L 313 11 6 °
Issuing of a private and family purposes residence permit to the parent of a French child if the parent contributes to the care (according to article 371-2 of the civil code) since birth for at least two years

Article 6-4:
Different formulation: the Algerian citizen who is a direct ascendant of a French child must exercise, even partially, parental authority or provide effectively for the needs of the child (since one year if he/she recognized the child after his/her birth) He/she will obtain a CRA for 1 year and then a CRA for 10 years

Article 10-1 c:
Different formulation: the parents must exercise, even partially, parental authority or effectively provide for the needs of the French child
He/she will obtain a permanent residence permit

Application of CESEDA

VISA FOR THE SPOUSE OF A FRENCH CITIZEN

Article L 313 11 4 °:
Obligation of a long-stay visa for the foreign spouse and this visa will be valid for a residence permit during 1 year

Article 6-2:
Only a regular entry (for example with a visa c) is required to obtain the one-year CRA

Application of CESEDA

Application of CESEDA

RESIDENCE PERMIT FOR THE SPOUSE OF A FRENCH CITIZEN

Article L 314-9 3°
Possible issuing of a permanent residence permit after 3 residence permits as the spouse of a French citizen

Article 7 twice a:
Issuing as of right for a CRA for 10 years after one year of marriage with a French citizen

Article 10 a:
Issuing as of right for a CRA for 10 years after one year of marriage with a French citizen

Application of CESEDA

Dispositions previewed by CESEDA for foreign citizens

For Algerians
(modified Franco Algerian agreement from 27/12/1968)

For Tunisians
(modified Franco Tunisian agreement from 17/03/1988)

For Moroccans
(Modified Franco Moroccan agreement from 09/10/1987)

REGULARIZATION FOR A FOREIGNER HAVING STRONG FAMILY ATTACHMENTS

Article L 313 11 7°
Possibility of regularization in function of the intensity, the seniority, and the stability of his/her personal and family ties, of his/her insertion, of his/her living conditions and the nature of the ties with his/her family in the foreign country

Article 6-5
different formulation: Issuing of a CRA for 1 year if the refusal bears an affect disproportionate to his/her rights regarding his/her personal and family life

 

Application of CESEDA

 

Application of CESEDA

REGULARIZATION FOR FOREIGNERS IN FRANCE FOR MORE THAN 10 YEARS

Repeal of the possibility of regularization for foreigners residing consistently in France for more than 10 years

Article 6-1:
Issue as of right of the CRA for 1 year if the foreigner has consistently lived in France for 10 years (15 years if he/she was a student during this period)

Article 7 three times d: Issue as of right for a residence permit for 1 year if the foreigner has consistently lived in France for 10 years (15 years if he/she was a student during this period

 

Application of CESEDA

ISSUING OF THE STUDENT RESIDENCE PERMIT

Article L 313-7 1°:
The long-stay visa is obligatory but exceptionally if it is possible to obtain a residence permit with a short-stay visa and this visa will be valid for a residence permit for 1 year

Article 9 and Title III of agreement protocol:

Algerian students MUST apply for a long-stay visa to obtain a student residence permit

Application of CESEDA

Application of CESEDA

Dispositions previewed by CESEDA for foreign citizens

For Algerians
(modified Franco Algerian agreement from 27/12/1968)

For Tunisians
(modified Franco Tunisian agreement from 17/03/1988)

For Moroccans
(Modified Franco Moroccan agreement from 09/10/1987)

VISA REQUIRED FOR SCIENTIFIC-RESEARCHERS

Article L 313-8 and L 313 11 5°:

A foreign scientist MUST apply for a long-stay visa to obtain the residence permit and his family members too and this visa is valid for a residence permit for 1 year

Articles 6-3 and 7 f:

An Algerian scientist does not need to apply for a long-stay visa to obtain the CRA for one year: a simple regular entry will suffice for him/her and his/her family members

Application of CESEDA

Application of CESEDA

ISSUING OF THE RESIDENCE PERMIT

Article L 314-8:
Possible issue of the permanent residence permit after 5 years of regular residence for certain types of residence permits

Article 7 twice:
Possible issue of the CRA for 10 years after 3 years or regular residence

Article 7 twice h:
Issue as of right of the CRA for 10 years after 5 years of regular residence in France

Article 3:
Possible issue of the CRA for 10 years after 3 years or regular residence

Article 10-1 g:
Issue as of right of the permanent residence permit after 5 years of regular residence in France

Article 3:
Possible issue of a permanent residence permit after 3 years or regular residence with a permit mention “salaried”

RESIDENCE PERMIT FOR THE ASCENDANT/
DEPENDENT CHILD OF A FRENCH CITIZEN

Article L 314-11 2°:

Issuing of this residence permit if he/she entered with a long-stay visa

Article 7 twice b:
The ascendant/
dependent child receives as of right a CRA for 10 years if he/she entered regularly

Article 10-1 g:
The ascendant/
dependent child receives as of right a permanent residence permit if he/she entered regularly

Application of CESEDA

RESIDENCE PERMIT AFTER 10 YEARS OF REGULAR RESIDENCE IN FRANCE

Repeal of the possibility to obtain a 10 year residence permit

ARTICLE 7 twice f:
Issue as of right of the CRA for 10 years of regular presence except if the Algerian citizen was a student during

Article 1 f:
Issue of as right of the permanent residence permit if 10 years of regular presence except if the Tunisian citizen was a student during

Application of CESEDA

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