In which cases does the Residence Permit Commission intervene?
The administrative authority competent to refer the matter to the Commission residence permit is the prefect or, in Paris, the prefect of police.
He can apply to the Residence Permit Commission in the following situations:
- when he refuses to issue or renew a temporary “private and family life” residence permit or a residence permit
- when he decides to withdraw the residence permit abroad which brought his family without having followed the family reunification procedure
- if he refuses to grant an exceptional residence permit abroad which proves his presence in France for at least 10 years.
If you are in one of these situations, the prefect must contact the Residence Permit Commission.
Consequently, the receipt issued abroad is equivalent to a temporary residence permit until the prefect has ruled after consulting the Commission.
Who are the members of the Residence Permit Commission?
In each department, a Residence Permit Commission is set up composed of:
- The president of the administrative tribunal or a delegated adviser, president
- A magistrate appointed by the general assembly of the tribunal de grande instance of the capital of the department
- A qualified person appointed by the prefect or, in Paris, the prefect of police, for his competence in matters of public security, or his representative
- A qualified personality appointed by the prefect or, in Paris, the prefect of police, for his competence in social matters, or his representative
- A mayor or his deputy appointed by the president of the association of mayors of the department.
Good to know: Members are subject to the principle of independence and impartiality and must abstain from taking part in deliberations when they have a personal interest in the subject matter (Council of State, opinion , April 8. 2013, No. 364 558).
How does the procedure take place?
How et Wednd can I receive the invitation?
The president fixes the date of the meetings of the Commission. He informs the foreigner at least 15 days before the date of the Commission meeting. Consequently, the meeting must take place within three months of its referral.
The summons specifies the date, time and place of the meeting of the Commission and mentions the resulting rights for the foreigner.
In particular, it indicates the right to be assisted by the lawyer of one's choice and to be heard with the assistance of an interpreter. In addition, the foreigner can appeal to the benefit of legal aid.
At his request, the mayor of the municipality in which the foreigner concerned resides, or his representative, is heard.
Commission Day Proceedings
First of all, the prefect presents his report by explaining the situation of the foreigner. More specifically, the prefect details the reasons which lead him to refuse a residence permit abroad.
Then, a right to speak is given to the foreigner or his lawyer. In particular, the foreigner presents the reasons he invokes in support of his application for the granting or renewal of a residence permit. For example, he emphasizes his professional and personal integration, his private and family ties, his knowledge of the French language.
During the speaking session, the President of the Commission asks questions to the foreigner.
He sends a report recording his explanations to the prefect with the reasoned opinion of the commission.
However, the meetings of the Commission are not public.
What opinion can the Residence Permit Commission give?
The Commission must issue its opinion within a maximum of 3 months after being referred to it. The opinion will be communicated both to the prefectural authorities and to the person concerned.
Favorable opinion
The Commission can issue a favorable opinion. In this case, the Commission opposes the decision rendered by the administrative authority.
Unfavorable opinion
Conversely, the Commission may issue an unfavorable opinion, that is to say, it then refuses the issue or renewal of the residence permit.
Is it possible to appeal against this notice?
The opinion of the Residence Permit Commission is always advisory. In other words, the prefect is free to follow this advice or not.
However, appeal against this opinion is not possible.
What happens after the Residence Permit Commission?
The Residence Permit Commission sends the Commission's reasoned opinion to the prefect.
However, as the opinion is advisory, the prefect may decide to refuse to issue or renew the residence permit.
In other words, despite the favorable opinion of the Commission, the prefect may impose an obligation to leave French territory determining the country of return. For example, the threat to public order constitutes a reasonable ground for making such a decision.
A graceful appeal before the prefect or hierarchically before the Minister of the Interior is then possible.
It should be noted that the execution of the removal measure is not suspensive.