What is regularization?
La adjustment is an administrative procedure that allows the prefect to issue a residence permit to a foreigner in an irregular situation.
The procedures vary according to the personal situation because there are different reasons to justify the right to stay in France.
In all cases, you must submit your application for a residence permit to the prefecture or sub-prefecture of your place of residence.
1. Professional activity
The conditions to be fulfilled
In order to obtain an employee residence permit ou temporary worker, you must first respect certain conditions, including:
- You must have an employment contract or a promise of employment
- You have lived in France for 5 years or more. In such a case, you must prove that you have worked for 8 months over the last 2 years or 30 months over the last 5 years.
- You have lived in France for 3 years if you prove that you have worked for 24 months, including 8 in the last 12 months
- You speak French, at least in an elementary way
- You must not represent a threat to public order, nor live in a situation of polygamy in France.
The documents to provide
Thereafter, you must present your complete file, classified in the order of the list. In addition, the originals must be presented, accompanied by a copy of the documents and, where applicable, their translation into French.
In order to regularize your situation in respect of the professional activity, you must present the following supporting documents:
- Full copy of birth certificate
- Passport, if applicable, consular certificate, identity card, consular card
- Proof of address dated less than 6 months
- ID photos
- Medical certificate issued by the OFII
- Sworn statement of no polygamy
- Form completed and signed by your employer
- Any document justifying your habitual residence since your entry into France
- Proof of previous salaried activity. For example, payslips, bank statements or transfers, work certificate
- If you used another identity to work, you need an identity match certificate issued by your employer
- Proof of your integration into French society. In this case, you can present certificates of friendly circles, membership of associations, voluntary activity, participation in school activities for children.
The request can also be part of a bulk filing, especially from unions and associations.
2. Private and family life
The conditions to be fulfilled
In order to make an application for exceptional admission to the private and family life stay, you must first meet these following conditions:
- You do not have a residence permit allowing you to remain on French territory on a regular basis
- Justify for a humanitarian or exceptional reason
- You must provide proof of a stable and prolonged stay in France. In this case, you must provide proof of 10 years of illegal residence on French territory.
If you have been living in France for more than 10 years, the prefect is required to contact the Residence Permit Commission for an opinion. Consequently, the favorable opinion of the Commission can guide the prefect in order to take the final decision. Nevertheless, the prefect may refuse your application for exceptional admission to stay despite the favorable opinion of the Commission.
Basically, there are different possibilities for regularization through private and family life, in particular:
- Married to a Frenchman and entering France irregularly
- PACS with a Frenchman and living together for at least 1 year
- Your spouse is in a regular situation
- You are the parent of a foreign child attending school
- Entered France as a minor after the age of 13 to join your family (excluding family reunification)
- You are a victim of domestic violence
- You are a victim of human trafficking.
The documents to provide
The documents requested vary depending on your personal situation, including:
When you have just turned 18, you must therefore prove that:
- at least 2 years of presence in France on the date of his 18th birthday
- a diligent and serious school career
- financial support from parents residing in France.
If you are a parent of a child attending school, you must therefore provide proof of:
- your presence of at least 5 years in France
- the schooling of your child in France for more than 3 years
- your contribution to your child's education.
When you are married of a foreigner in a regular situation, you must therefore provide proof of:
- at least 5 years of presence in France
- your marriage with a legal foreigner
- at least 18 months of common life with this one.
In order to obtain exceptional admission to the private and family life stay on humanitarian grounds, you must therefore provide proof of:
- at least 10 years of presence in France
- exceptional talent or service to the community.
3. Studies
The conditions to be fulfilled
Foreigners in an irregular situation can also obtain a residence permit thanks to their studies.
Insofar as it is a minor foreigner, the following conditions must be met:
- From the age of 16, he will have to be entrusted to social assistance for children
- Registered in qualifying professional training for at least 6 months.
Insofar as it is an adult foreigner, the following conditions must be respected:
- Registered in a French school since the age of 16 at least
- Pursue higher education in a serious and assiduous manner.
The documents to provide
In order to regularize your study situation, you must present the following supporting documents:
- Full copy of birth certificate
- Passport, if applicable, consular certificate, identity card, consular card
- Proof of address dated less than 6 months
- ID photos
- Form on the back duly completed
- Registration from an educational institution
- Diplomas and transcripts since entering France
- Evidence of sufficient means of subsistence.
Isweat of l'file review
Your request is accepted
Insofar as your request is accepted, therefore, the prefect sends you a summons for the issue of the title.
In addition, the prefecture issues you a residence permit which differs according to the type of your employment contract.
As for a fixed-term contract, you get a residence permit time travailleur valid for the duration of the contract. On the other hand, if it is a contract of indefinite duration, you receive a residence permit an employee valid for 1 year and renewable.
Your request is refused
As for the decision of refusal, the prefect notifies you by reasoned letter. Barring exceptions, this refusal may be accompanied by an obligation to leave French territory, determining the country to which you will be sent.
No response
Given that the prefecture did not respond after 4 months, therefore, it is an implicit refusal.
In the event that you receive the refusal or in the event of a lack of response, you can then lodge an administrative appeal or a contentious appeal before the administrative court.