What private and family ties can the foreigner invoke for his stay?
Verified 21 April 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Do you want to apply for a residence permit "private and family life" (French spouse, French parent of a child, spouse or spouse entered by family reunification, young adult entered outside family reunification, etc...)? You must file an application with the prefecture of your place of residence in France. Find out how to book an appointment on the website of the prefecture.
The prefecture will check if you meet the conditions to get a temporary residence card private and family life, and if you have strong and lasting family ties in France. Even if you do not enter the cases of issuing a right to the card, you can eventually be regularized, after examining your file.
In any case, you must not be a threat to public order, nor live in a polygamy situation in France.
If you are in the case of an exceptional admission to a stay for family ties in France, you will have to prove all of the following conditions:
- The reality, seniority, intensity and stability of your personal and family ties in France (seniority of your presence and your life as a couple in France, children born of this union, etc.)
- Your living conditions in France
- Your integration into the French business (in particular taking into account your knowledge of the values of the Republic)
the nature of your relationship with the family remaining in your country of origin is also examined.
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If you are a partner of a Frenchman, a European or a foreigner in a legal situation, you can obtain a residence card private and family life if you meet the following 3 conditions:
- You can prove that you have concluded a Civil partnerships: titleContent
- You can prove the reality of the relationship with your partner
- You can prove the age of your life together in France (at least 1 year, except exceptions)
Parent of school-going child(ren)
If you are a parent of one or more children, you can apply for regularization if your family life is stable. In concrete terms:
- Except in exceptional circumstances, you must prove that you have been habitually resident in France for 5 years and that you have acquired an oral command of French.
- Your children will have to be educated, at least one of whom has been in school for 3 years, including kindergarten
the other parent is not required to hold a residence permit. 2 parents in an irregular situation can each apply for a residence permit.
Foreigner spouses in legal residence
By way of derogation from the family reunificationHowever, if you entered France irregularly to join your spouse who holds a residence card, you can request regularization.
You have to show that your family life is in France and that it is old, stable and sustainable.
Except in exceptional circumstances, you must prove that you have been habitually resident in France for 5 years and that you have acquired an oral command of French.
Your husband or wife must reside regularly in France and you must prove 18 months of living together.
Foreigner entered minor who has become an adult
If you are a young adult who entered France as a minor, except for family reunification, you can apply for and obtain a residence card "private and family life", subject to conditions.
You are affected if you are in one of the following situations:
- You entered France or Mayotte (excluding family reunification) before your 13th birthday and usually reside there since that age with at least your father or mother, holder of the temporary residence card or resident card
- You are Tunisian and you entered France before your 10th birthday
- You have been entrusted to the service ofAse: titleContent not later than 16 years of age (under certain conditions)
- You were born in France and have resided there for at least 8 years continuously and have, after the age of 10, a minimum education of 5 years in a French school
you can get the residence card "private and family life" from 16 years if you declare that you want to work.
If you do not have your main family ties in France but you are studying there, you can exceptionally receive a residence card student.
Who can help me?
Find who can answer your questions in your region
- Code of entry and residence of foreigners and right of asylum: Articles L423-23Regularization through private and family ties
- Code of entry and residence of foreigners and right of asylum: article R423-5Justification of private and family ties
- Code of entry and residence of foreigners and right of asylum: Articles L432-1 to L432-15Refusal and withdrawal of the residence card
- Code of entry and residence of foreigners and right of asylum: Articles R*432-1 to R432-15Refusal and withdrawal of the residence card
- Code of entry and residence of foreigners and right of asylum: Articles L436-1 to L436-10Taxes and stamp duty payable
- Circular of 30 October 2004 on the conditions for the examination of applications for admission to residence lodged by foreigner nationals in an irregular situation (PDF - 31.7 KB)
- Circular of 28 November 2012 on the exceptional admission to residence of foreigners in an irregular situation (PDF - 444.6 KB)
- To enter into a civil partnershipService-Public.fr