Preparing for one’s settlement in French territory

The law firm HEAUME AVOCAT assists all foreigners, regardless of their nationality and place of residence, in order to help them realize their project of settling in French territory.

Indeed, the visa and residence permit required to settle in France vary depending on the applicant’s project, whether they intend to work, study, visit the country, or join family members.

For this purpose, a remote consultation service is set up to assist foreigners in preparing their visa applications.

Guidance from a consultant specializing exclusively in immigration law provides reliable and practical advice, allowing for the anticipation of the settlement project and expediting the process.

Preparing for a change in status

The law firm HEAUME AVOCAT assists its clients who are regularly present in French territory and are required to change their status.

Changing one’s status is indeed a relatively delicate moment that needs careful preparation.

It mainly concerns students transitioning from a student residence permit to a permit allowing them to work.

Similarly, the shift from employment to starting a business involves a change in status.

HEAUME AVOCAT supports you to ensure the relevance of your change in status, helps you compile your documentation, accompanies you to the prefecture, and ensures the follow-up of the application process until a decision is reached.

Visas and Residency Permits – Typology

Visas and Residency Permits

Any foreigner wishing to enter or stay in French territory must have a permit authorizing them to do so. For short stays, only a visa is required. For long stays, the foreigner must have a long-stay visa for entry and then must request a residency card. In some cases, the long-stay visa that also serves as a residency permit exempts the foreigner from needing a residency card.
Following the United Kingdom’s withdrawal from the European Union (Brexit), the regime applicable to British nationals wishing to stay in France has changed. For any British national who had already exercised their freedom of movement and stayed in France
before January 1, 2021, they can request a multi-year residency card for themselves and their family members. The validity duration of this permit varies depending on how long they’ve previously stayed in France. Britons who wish to stay in France from January 1, 2021, are subject to the standard foreigner’s rights regime.

1. The visa

1. Overview

Any national from a third country must have a visa to enter France. Short-stay visas allow their holder to reside in French territory for a maximum duration of 3 months.

Long-stay visas allow their holder to reside in French territory for a duration of 3 to 12 months. In some cases, the long-stay visa must be accompanied by a residency card, but certain long-stay visas that also serve as a residency permit exempt their
holder from needing one.

Covid-19: Since February 2021, the issuance of visas is strictly limited to “only requests corresponding to urgent reasons”. These urgent reasons are notably limited to: spouses and children of a French, European, or British national, spouses and children of a foreign national holding a talent passport visa or ICT detached employee visa, and family members benefiting from the family reunification or family reunion procedure.

1. The Short-Stay Visa

Short-stay visas only allow their holder to stay in the territory for a maximum duration of 90 days over a period of 180 days.

Short-stay visas are governed by European Union law. Thus, nationals from European countries, the European Economic Area, Monaco, Switzerland, Saint-Martin, and Andorra are exempted from the short-stay visa requirement. Foreigners holding certain residency permits are also exempt from the short-stay visa, notably holders of residency permits issued by France or any other Schengen state.

1. a) The Schengen Visa

The common-law short-stay visa is the type C visa. It allows its holder to enter and travel in France and any other Schengen area country. Generally, this visa is issued for reasons mainly related to tourism, family visits, and certain limited professional activities. This same visa can be valid for multiple entries into the country.

1. b) The Circulation Visa

The circulation visa can be requested by any foreigner who makes multiple stays in France. It allows its holder to make unlimited stays in France. However, within each 180- day period, the foreigner should only stay in France for 90 days. The validity duration of
this visa can be up to 5 years.

1. The Long-Stay Visa

1. a) The “Simple” Long-Stay Visas

Some visas only grant the holder the right to enter French territory. Thus, the foreigner holding this visa must, within 2 months following their arrival in France, request the issuance of a residency card.
• This permit is issued to foreigners who subsequently must request student mobility program cards, resident cards, dependent ascendant cards, or multi-year cards. It is also issued to any family member benefiting from family reunification.

1. b) The Long-Stay Visas Serving as a Residency Permit (VLS-TS)

Certain visas grant the holder all the rights that would be attached to the corresponding residency card. The foreigner is thus exempted from the obligation to request a residency card, provided they validate their visa within 3 months after entering French territory. They can validate their visa online.

The visas in question are those that are requested in the context of a residency permit for: employee, seconded employee, entrepreneur/liberal profession, job search or business creation, talent passport, student, intern, ICT seconded intern, au pair, working holiday, volunteer, private and family life, spouse of a French national, and visitor.

2. The Residency Permit

1. Who is the residency permit for?

The difference between the terms “residency permit” and “residency card” lies in their scope. The term “residency permit” refers to the foreigner’s right to reside in France. The residency card is one of the documents that justifies this right, among
notably the visa and the circulation document.
• Any foreigner residing in France must hold a residency permit authorizing them to do so. Certain foreigners are exempt from the residency card, notably the holders of a long-stay visa serving as a residency permit.
• People “without papers” staying in France irregularly can regularize their situation by requesting certain residency permits. The “exceptional admission to stay” permit provides for the issuance of an employee or private life residency permit to the
foreigner whose situation involves humanitarian considerations or other exceptional reasons. Furthermore, foreigners in an irregular situation who have family ties with French nationals or foreigners in a regular situation can request a private and family
life residency permit. Any foreigner in an irregular situation who requests a residency permit must pay a fee as well as a regularization right for a total amount of 225€.

1. Typology of residence permits

1. Temporary Residency Cards

The temporary residency card is valid for a duration of one year, renewable. Some permits grant the holder the right to work, notably the employee residency card, temporary worker, entrepreneur/freelancer. The private and family life residency card also allows its holder to work.
Some permits allow their holder to engage in limited paid activities, especially the internship, ICT internship, student, student-mobility program, young au pair, and job search or business creation residency cards.
The visitor residency card does not allow its holder to work.

1. Multi-Year Residency Cards

Following the first year of validity of certain permits, foreigners can apply for a multi-year residency card with a validity duration of 4 years.
However, some foreigners can directly apply for a multi-year card without first obtaining a temporary residency card. This is particularly the case for talent passports, seasonal workers, and ICT seconded employees. The duration of this multi-year card varies according to the holder’s reason for staying in France.

III. Resident Card

The resident card has a duration of 10 years. Any foreigner who has stayed in France regularly for a duration of 5 years can apply for this card. The resident card bearing the mention “long-term resident-EU” allows its holder to reside in France but also in each of the European Union member states.