Residence permit: make the right choice!
The residence permit is a document that justifies your right to stay in France. As there are many residence permits, you must apply for the one that corresponds to your situation. In this sense, your request must be filed with the prefecture of your place of residence.
In this section:
Residence permit for family reasons
This category allows the granting of a residence permit for family reasons. In this case, if one of your family members is already present in France, you can probably obtain a residence permit.
Foreign partner of French
Two solutions are available to you, depending on your situation, in order to obtain a “private and family life” residence permit for a period of one year.
Required conditions :
- Hold a long-stay visa or a valid residence permit;
- To be married to a French national and to prove that they have lived together since marriage;
- In the event of marriage abroad, transcribe it beforehand in the French civil status registers;
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- Have entered France regularly;
- To be married in France to a French national and to prove that they have lived together for six months.
Foreign parent of a French
In order to benefit from a “private and family life” residence permit for a period of one year, you must comply with the following conditions:
- Be the father or mother of a French minor child residing in France;
- Justify contributing to the maintenance and education of the child since his birth or for at least two years;
Foreign child of a French
The foreign child of a French citizen can benefit from a resident card for a period of ten years on the assumption that he meets the following conditions:
- Be between 18 and 21 years old or be dependent on your parents;
- Hold a long-stay visa.
Foreign born in France
Foreigners born in France can benefit from a “private and family life” residence permit for one year, if they apply for it between the age of 16 and 21, subject to:
- Be born in France and justify having resided there for at least eight years continuously;
- Justify having attended at least five years of schooling after the age of ten.
Foreigner authorized to stay in France under family reunification
Foreigners authorized to reside in France for family reunification are issued a “private and family life” residence permit for a period of one year, subject to:
- Have entered France regularly;
- Have a spouse who holds a residence permit.
Foreigner residing in France since the age of 13
Foreigners can benefit from a “private and family life” residence permit for a period of one year, if they apply for it within the year following their 18th birthday, subject to:
- Justify having resided in France since he reached the age of 13 with at least one of his parents.
Foreigner entrusted to the child welfare service
The foreigner, who has been entrusted to the service of social assistance to children, can benefit from a residence permit "private and family life" for a period of one year, if he so requests. in the year following his 18th birthday, on condition of:
- Have been entrusted to the child welfare service no later than the day of his 16th birthday;
- Justify the real and serious nature of the training followed;
- To be integrated into French society.
Foreigner with personal and family ties in France
The foreigner can benefit from a residence permit "private and family life" for a period of one year insofar as he has personal and family ties in France such that the refusal to authorize his stay would bring to his right to respect for his private and family life a disproportionate interference.
In this sense, the links are appreciated with regard to their intensity, their seniority and their stability, the living conditions of the foreigner, his integration into French society as well as the nature of his links with his family. remained in his country of origin.
Residence permit for professional reasons
In order to be able to exercise a professional activity in France, there are several residence permits. In general, the presentation of a long-stay visa or a valid residence permit is compulsory.
Foreigner exercising a salaried activity
In the context of the exercise of a salaried activity, the residence permit depends on the nature of the employment contract.
Employment contract of indefinite duration
In order to obtain an “employee” residence permit for a period of one year, you must meet the following conditions:
- Obtain a work permit from the DREETS (Departmental Directorate of Employment, Labor and Solidarity - formerly called DIRECCTE);
On the one hand, the employment situation is not opposable to the foreign student having obtained a diploma at least equivalent to the master's degree who presents an employment contract in relation to his training, and accompanied by a remuneration above a threshold determined by decree.
On the other hand, the employment situation is not opposable when the request from abroad concerns a trade and a geographical area characterized by recruitment difficulties.
- Be the holder of an indefinite employment contract.
Work contract of limited duration
In order to obtain a “temporary worker” residence permit for a maximum of one year, you must meet the following conditions:
- Obtain a work permit from the DREETS (Departmental Directorate of Employment, Labor and Solidarity - formerly called DIRECCTE).
On the one hand, the employment situation is not opposable to the foreign student having obtained a diploma at least equivalent to the master's degree who presents an employment contract in relation to his training, and accompanied by a remuneration above a threshold determined by decree.
On the other hand, the employment situation is not opposable when the request from abroad concerns a trade and a geographical area characterized by recruitment difficulties.
- Hold a fixed-term employment contract.
In this case, the residence permit is issued for a period identical to that of the employment contract, within the limit of one year.
Foreigner exercising a self-employed activity
Foreigners can benefit from an “entrepreneur / liberal profession” residence permit for a maximum of one year, subject to:
- Carry out a self-employed, economically viable activity;
- Obtain sufficient means of existence.
Foreign beneficiary of the "talent passport"
In view of the many residence permits bearing the mention “talent passport”, find the category corresponding to your situation.
Qualified employees
Foreigners can benefit from a “talent passport” residence permit for a maximum of four years, subject to:
- Obtain a work permit from the DREETS (Departmental Directorate of Employment, Labor and Solidarity - formerly called DIRECCTE);
- Obtain a diploma at least equivalent to the master's degree;
- Respect a pay threshold.
Highly skilled job
Foreigners can benefit from a “European Blue Card Talent Passport” residence permit for a maximum of four years, subject to:
- Obtain a work permit from the DREETS (Departmental Directorate of Employment, Labor and Solidarity - formerly called DIRECCTE);
- Benefit from an employment contract for a period equal to or greater than one year;
- Proof of a diploma attesting to at least three years of higher education or of at least five years' experience of a comparable level;
- Respect a pay threshold.
Researchers
Foreigners can benefit from a “researcher talent passport” residence permit for a maximum of four years, subject to:
- Justify a diploma equivalent to the master's degree;
- Conduct research or provide university-level education;
- Conclude a hosting agreement with a public or private body having a research or higher education mission.
Foreign nationals can benefit from a “researcher talent passport mobility program” residence permit for a maximum of four years, subject to:
- Justify a diploma equivalent to the master's degree;
- Conduct research or provide university-level education;
- Conclude a hosting agreement with a public or private body having a research or higher education mission which indicates membership in a mobility program.
Business creation and investment
Foreigners can benefit from a “talent passport” residence permit for a maximum of four years, subject to:
- Proof of a diploma equivalent to a master's degree or proof of professional experience of at least five years of a comparable level;
- Justify a real and serious economic project;
- Create a business in France.
Legal representative of an establishment established in France
Foreigners can benefit from a “talent passport” residence permit for a maximum of four years, subject to:
- Hold the function of legal representative in an establishment or a company established in France;
- Be an employee or corporate officer in an establishment or a company of the same group;
- Respect a pay threshold.
Artistic profession
Foreigners exercising the profession of performer or author of a literary or artistic work may benefit from a “talent passport” residence permit for a maximum of four years, subject to:
- Respect a pay threshold.
International fame
Foreigners whose national or international reputation is established may benefit from a “talent passport” residence permit for a maximum period of four years.
Family members of foreigners holding the "talent passport"
The foreign spouse, holder of a “talent passport”, can benefit from a residence permit, the duration of which is equal to the residence permit of his spouse.
Likewise, children can benefit from this residence permit.
Foreigner carrying out a temporary intra-group secondment
The foreigner carrying out a temporary intra-group secondment can benefit from an “ICT seconded employee” residence permit subject to:
- Hold a management position or provide expertise in a group company;
- Justify a professional seniority of at least six months within the group.
In the same sense, foreigners doing an internship in a company of the group can benefit from an “ICT intern” residence permit subject to:
- Justify sufficient means of existence;
- Justify a higher education diploma.
In the same way, the spouse and child of the foreign “posted employee” or “trainee” can benefit from this residence permit.
Foreigner exercising a seasonal job
A foreigner exercising a seasonal job may benefit from a “seasonal worker” residence permit for a maximum of three years, subject to:
- Undertake to maintain their habitual residence outside France;
- Hold a seasonal job.
Foreigner aged 16 to 18 declaring that he wishes to exercise a professional activity
Foreigners aged 16 to 18 can also benefit from the abovementioned residence permits, subject to fulfilling certain conditions.
Residence permit for study reasons
The foreign student can claim a residence permit throughout the continuation of his education.
Residence permit for foreigners studying in France
Foreign students can benefit from a “student” residence permit for a maximum of one year, subject to:
- Take a course in France;
- Have sufficient means of existence.
In this regard, this residence permit gives the right to exercise a professional activity within the limit of 60% of the annual working time.
Residence permit "job search or business creation"
Foreigners holding a “student” or “researcher talent passport” residence permit may benefit from a “job search or business creation” residence permit for a period of one year, subject to:
- Obtain a diploma at least equivalent to the master's degree or have completed research work;
- Complete your training with a first professional experience or justify a business creation project in a field corresponding to your training or research.
It should be noted that foreigners who have left French territory at the end of their studies can benefit from this residence permit within a maximum period of four years after obtaining their diploma.
Residence permit for citizens of the European Union and members of their families
First, a citizen of the European Union is a person who has the nationality of a Member State.
Second, citizens of the European Union are not required to hold a residence permit. However, if they request it, they will be issued one.
Thirdly, citizens of the European Union who wish to establish their habitual residence in France register with the mayor of their municipality of residence within three months of their arrival.
Stay of less than three months
Citizens of the European Union have the right to stay in France for a maximum period of three months, without any particular formality.
However, they must not become an unreasonable burden on the social assistance system.
Stay of more than three months
Citizens of the European Union have the right to stay in France for a period of more than three months, subject to meeting one of the following conditions:
- Carry out a professional activity in France;
- Have sufficient resources and health insurance so as not to become a burden on the social assistance system;
- To be registered in an establishment to follow his studies and to have sufficient resources and health insurance not to become a burden on the social assistance system;
- Be a family member of a citizen of the European Union who meets one of the above conditions.
Right to permanent residence
Citizens of the European Union who have legally and uninterruptedly resided in France for the previous five years acquire a right of permanent residence.
In this case, they obtain a ten-year residence permit, renewable as of right.
Residence permit for beneficiaries of international protection
The beneficiary of international protection is the foreigner having the status of refugee, the benefit of subsidiary protection or stateless status.
Residence permit for refugees
The alien beneficiary of refugee status is issued with a ten-year resident card.
In the same way, his spouse or his partner and his children also benefit from a resident card.
It also authorizes its holder to exercise a professional activity.
Residence permit for beneficiaries of subsidiary protection
The foreigner who has obtained the benefit of subsidiary protection is issued a residence permit "beneficiary of subsidiary protection" for a maximum period of four years.
Likewise, his or her spouse or partner and children also benefit from a residence permit "member of the family of a beneficiary of subsidiary protection".
It also authorizes its holder to exercise a professional activity.
Residence permit for beneficiaries of stateless status
The foreigner who has obtained stateless status is issued with a residence permit “beneficiary of stateless status” for a maximum period of four years.
Likewise, his or her spouse or partner and children also benefit from a residence permit "member of the family of a beneficiary of stateless status".
It also authorizes its holder to exercise a professional activity.
Residence permit for humanitarian reasons
Foreigner victim of human trafficking or pimping
The foreigner can benefit from a residence permit "private and family life" for a period of one year when he lodges a complaint against a person whom he accuses of having committed against him acts constituting offenses of trafficking in human beings or procuring.
Foreigner placed under protection order
Foreigners can benefit from a “private and family” residence permit for one year if they have a protection order due to violence within the couple or by a former spouse, partner or cohabitant.
Residence permit for medical reasons: foreigner whose state of health requires medical care
The foreigner can benefit from a residence permit "private and family life" for a period of one year if his state of health requires medical care, the failure of which could have consequences for him of exceptional gravity. , and who, having regard to the health care offer and the characteristics of the health system in the country of origin, could not actually benefit from appropriate treatment.
In addition, the decision is taken by the prefecture after an opinion from a college of doctors of the French Office for Immigration and Integration (OFII).
Foreigner with long-term EU resident status in another European Union member state and for family members
A foreigner holding a long-term EU resident card issued by another Member State of the European Union must apply for a residence permit within three months of entering France in order to be able to exercise a professional activity there or to pursue studies.
Family members from abroad can benefit from a “private and family life” residence permit.
As part of these procedures, you can request the assistance of Airiau Avocat. You will be accompanied at every step to ensure the chances of success of your request.
Feel free to make an appointment online with a lawyer in immigration law.
Blog: Information and news on the residence permit
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