How to obtain the regularization of a person in an irregular situation?
The law firm HEAUME AVOCAT assists all undocumented foreigners, regardless of their nationality and place of residence, to enable them to submit a file for an exceptional stay admission application.
It is important to note that, by definition, a person maintaining themselves in France without proper documentation is in an illegal situation. Consequently, they do not have an acquired right to obtain a residence permit, although they have the option to request, from the prefecture, the issuance of a residence permit, given the specific context of their situation.
These situations are particularly complex, especially concerning the challenge of securing an appointment at the prefecture. That is why specialized legal assistance is crucial.
Regularization on the grounds of private and family life
The law firm HEAUME AVOCAT assists its clients in their regularization process, which can be justified, in particular, by the existence of strong ties established by the foreigner on French territory.
To maximize the chances of success for their case, it will be up to the foreigner to justify, notably, the duration and intensity of their ties to the French territory.
Regularization on the grounds of employment
The law firm HEAUME AVOCAT assists its clients in their regularization process, which can be justified, in particular, by the existence of the foreigner’s employment.
In this context, it is essential to anticipate the issue of identity matching that sometimes arises.
To maximize the chances of success for their case, it will also be up to the foreigner to justify, notably, the duration and stability of their professional situation.
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Regularization on the grounds of respect for private and family life and other specific reasons
• The situation of “undocumented” individuals
The commonly used term “undocumented” refers to foreigners residing in France without a permit authorizing them to do so.
• The situation of “undocumented” people is extremely precarious, especially since simply residing in France without a permit can lead to the issuance of an obligation to leave French territory (OQTF) against them.
• Foreigners without a residence permit are not allowed to work, and their access to social rights, especially related to medical care, housing, and social benefits, is extremely limited. However, there are ways to regularize “undocumented” individuals, especially through work or considerations regarding respect for their private and family life.
Foreigners in an irregular situation: how to regularize your situation ?
Generally, a foreigner’s stay in France without a permit authorizing it is prohibited.
However, many foreigners establish their presence in France but do not have any residence permit. To ensure stability and full enjoyment of their rights, a foreigner in an irregular situation must request a residence permit through regularization. The
regularization process and the subsequently issued permit depend on the foreigner’s situation. Exceptional admission to stay is most often used for the regularization of foreigners.
Upon issuing the residence permit, the foreigner must pay a regularization fee, set at €340.
What is the regularization procedure?
• Concerning the request for exceptional admission to stay
• The foreigner approaches the Prefecture of their place of residence to submit their application for exceptional admission to stay.
• Given the discretionary power granted to prefectural authorities, the required supporting documents may vary. Some prefectures provide specific forms to fill out during the request for exceptional admission to stay.
• The applicant will receive a receipt for the residence permit application valid for four months, which can only be renewed once.
• Cases of refusal of exceptional admission to stay
• The receipt given to the foreigner when applying indicates the date the decision will be made.
• Generally, this decision will be notified to the foreigner.
• However, if the prefecture has not communicated its decision within four months after issuing the receipt, the request is considered implicitly rejected.
• An explicit refusal decision can be accompanied by an obligation to leave the territory order (OQTF). Caution: the means of appeal against implicit, explicit decisions, or those accompanied by an OQTF differ.
What to do in case of refusal of an application for exceptional admission to stay ?
• The means to challenge a regularization refusal are governed by strict form and procedure rules. For the foreigner wishing to appeal, whether administrative or legal, the intervention of a lawyer is essential to ensure the best procedure.
• a) In case of rejection of the regularization request without OQTF
• A foreigner who has had their application for exceptional admission to stay refused has several means to challenge this decision.
• i) The possibility to initiate a gracious appeal
• The foreigner can directly address the author of the act to reconsider the decision.
This gracious appeal must be made within two months of the notification or the emergence of the contested decision.
Regularization on the grounds of respect for private and family life and other specific reasons
• Regularization based on employment
• The common term “undocumented” refers to a foreigner residing in France without the necessary permit.
• The “undocumented” individual’s situation is extremely precarious, especially since simply residing in France without a permit can lead to an obligation to leave French territory (OQTF).
• Foreigners without a residency permit are not allowed to work, and their access to social rights, especially concerning medical care, housing, and social benefits, is limited. However, there are ways to regularize “undocumented” individuals, particularly through work or respecting private and family life.
Irregular Foreigners: How to Regularize the Situation?
• Generally, a foreigner’s stay in France without the appropriate permit is prohibited.
However, many foreigners establish their presence in France but do not possess any residency permit. To ensure the stability of their situation and full enjoyment of their rights, the irregular foreigner must request a residency permit through regularization.
The regularization process and the subsequently issued permit depend on the foreigner’s situation. Exceptional admission to stay is most often used for the regularization of foreigners.
Upon the issuance of the residency permit, the foreigner must pay a regularization fee of €340.
What is the Regularization Procedure?
• i) Regarding the Request for Exceptional Admission to Stay
• The foreigner approaches the Prefecture of their place of residence to submit their application for exceptional admission to stay. Due to the discretionary power given to prefectural authorities, the required supporting documents can vary. Some prefectures have specific forms for the request for exceptional admission to stay.
Applicants receive a receipt valid for four months, renewable only once.
• ii) Cases of Refusal of Exceptional Admission to Stay
• The receipt indicates the decision date. Typically, the decision is notified. However, if not communicated within four months after the receipt, the request is implicitly rejected. An explicit refusal can come with an OQTF.
• iii) What to Do in Case of Refusal?
• Challenging a refusal requires strict rules. An attorney’s intervention is essential for the best outcome.
• Regularization for Family or Specific Reasons via Exceptional Admission to Stay?
• Foreigners, based on humanitarian reasons or exceptional motives, can seek exceptional admission to stay, obtaining a temporary residency card.
• Regularization Due to Humanitarian Reasons
• Foreigners based on elements related to the right to respect private and family life can seek exceptional admission. They’ll be issued a “private and family life” temporary residency card, valid for a renewable year. Typically, authorities often refer to a five-year residency as an indication of the foreigner’s attachment to the French community.
Even if exceptional admission extends to various circumstances, some specific cases should be highlighted.
a) For Spouses of Regularized Foreigners
A non-regularized foreigner married to a regularized foreigner can seek exceptional admission. This applies to married, civil partnership, or cohabiting couples.
b) For Parents of Enrolled Children
An undocumented foreigner with children enrolled in France can seek exceptional
c) For Minors Becoming Adults
Conditions for granting a “private and family life” temporary residency card for
minors turning adults are relatively strict. Exceptional admission steps in for foreign
minors not fitting into these categories.
III. Special Cases
a) The situation of foreign minors
Under French law, minors are not subject to any obligation to hold a residence permit.
Thus, they are considered to be in regular status throughout their minority.
However, from the age of 18, a foreigner must have a permit authorizing them to stay in France.
In certain cases, young foreigners may be granted a temporary residence permit upon reaching adulthood.
i) The situation of the young foreign worker
If a young foreigner was supported by the Social Assistance for Children (ASE) during their minority, they can, upon reaching adulthood, apply for a “salaried” or “temporary worker” residence permit. They must have been supported by the ASE from the age of 16 and provide evidence of having followed professional training for at least 6 months.
ii) In the event of establishing exceptional circumstances related to the respect for private and family life
In certain cases, especially when it is established that the young foreigner’s main personal and family ties are in France, they can request a temporary private and family life residence card.
b) The situation of ill persons
• A sick foreigner who is irregularly in France may have their situation regularized by exceptional admission to stay. They can be granted a temporary “private and family life” residence permit for medical care. This permit is valid for one renewable year.
• The state of health must be established by the OFII, which the foreigner must contact for a medical examination. The medical certificate from the OFII’s doctors must be provided to the authorities when applying for the residence permit.
• However, many criteria make obtaining this permit stricter. The health condition must require medical care in France and be of such severity that the lack of this care could result in exceptionally serious consequences for the sick foreigner. It must also be established that the ill foreigner cannot benefit from effective medical care in their home country. Unlike other regularization routes, the irregular foreigner only needs to prove a one-year residence in France.
• Renewing this permit is subject to the same conditions as its issuance. In this regard, the foreigner must again prove that their health requires care in France.
Additionally, upon renewal, the foreigner can request a multi-year residence card, which will last as long as the medical care they need.
If the sick foreigner is a minor, their parents will be granted a provisional residence permit by right. This provisional authorization allows its holder to work. It is valid for six months, renewable.