Regularization of undocumented migrants: get your first residence permit!
The regularization of paperless is possible. This procedure makes it possible to ask the prefect for an exceptional admission to stay so that the foreigner can obtain a residence permit. People without papers are in an irregular situation on French territory. Indeed, they do not have any residence permit to justify their right to stay. In such a case, there are solutions for the regularization of the paperless, provided certain conditions are met.
Regularization is an exceptional admission to stay. It is the prefect who decides to admit a foreigner in an irregular situation to stay, by virtue of his discretionary power. In this regard, the Valls circular of November 28, 2012 provides guidelines to assist prefects and allow the regularization of undocumented migrants.
In general, the request for regularization is made by letter sent to the Prefect with all the supporting documents. The processing time for cases varies according to the prefectures. Overall, no receipt is issued during the examination of the files.
In this section:
Regularization of undocumented migrants for private and family life
Private and family life allows the paperless to obtain regularization. In this sense, private and family life is assessed with regard to the reality of personal and family ties abroad. The age, intensity and stability of these links are taken into account. It is also necessary to demonstrate a capacity for integration in France, which presupposes a mastery of the French language.
Spouse of a foreigner in a legal situation
The undocumented spouse of a foreigner in a regular situation can obtain a regularization subject to justifying:
- 5 years of presence in France;
- 18 months of living together.
Parent of a child in school
The undocumented parent of a child in school can obtain a regularization subject to justifying:
- 5 years of presence in France;
- 3 years of schooling for the child, including kindergarten.
Exceptional reasons
A foreigner who is the victim of an offense constituting trafficking in human beings, procuring or victim of domestic violence can obtain regularization.
A foreign national with exceptional talent or because of a service rendered to the community may benefit from a regularization.
10 years of presence in France
A foreigner who has been in France for 10 years can obtain a regularization, subject to providing proof.
In this case, you need two certain proofs per year to justify a presence in France.
- Certain proof: documents from a public administration (prefecture, social and health service, educational establishment, jurisdiction, certificate of affiliation to State medical aid, documents from URSSAF or Pôle Emploi, tax notice ).
- Real proof: documents submitted by a private institution (pay slips, bank statements, medical certificates).
- Limited probative value: personal documents (envelopes, certificates).
Minor turned major
A young adult foreigner can obtain a regularization on the condition of justifying:
- 2 years of presence in France on the date of the 18th birthday;
- a diligent and serious school career;
- stability and intensity of ties on French soil.
Regularization of undocumented workers for professional activity
A foreigner who can prove a job in line with his training, his diplomas or his experience and a salary equivalent to the conventional minimum can obtain a residence permit "employee" or "temporary worker" subject to justifying:
Case 1:
- 5 years of presence in France;
- An employment contract or a promise of employment for a period greater than or equal to 6 months;
- 8 payslips over the last 24 months or 30 payslips over the last 5 years;
- A commitment from the employer to pay the employer tax.
Case 2:
- 3 years of presence in France;
- An employment contract or a promise of employment for a period greater than or equal to 6 months;
- 24 payslips including 8 for the last 12 months;
- A commitment from the employer to pay the employer tax.
Case 3:
- 5 years of presence in France;
- An employment contract or a promise of employment for a period greater than or equal to 6 months;
- 12 months of solidarity economy activities in an organization approved at national level by the State.
Case 4:
- 5 years of presence in France;
- Carry out an activity as a temporary worker;
- 12 contractual salaries and 910 hours over the last 24 months;
- An employment contract or a promise of employment for a period greater than or equal to 12 months.
Regularization of undocumented migrants for studies
In terms of regularization, foreigners without papers can obtain a residence permit thanks to their studies.
Isolated foreign minor
The foreigner can obtain a regularization subject to:
- Have been placed in child welfare after the age of 16;
- For at least 6 months, have followed a qualifying vocational training course.
Foreigner in an irregular situation pursuing higher education
The foreigner who pursues higher studies can obtain a regularization subject to:
- Have been educated in France for at least the age of 16;
- Pursue higher education diligently and earnestly.
In general, you must be accompanied by a lawyer in the context of a request for regularization. As a result, Airiau Avocat will be able to assist you perfectly in the context of this procedure.
Do not hesitate to book a online consultation with a lawyer.
Blog: Information and news on the regularization of undocumented migrants
Foreigners in an irregular situation: How to regularize their situation?
What is regularization? Regularization 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