What private and family ties can the foreigner invoke for his stay?
Verified 29 October 2018 - Directorate for Legal and Administrative Information (Prime Minister)
If you do not meet the conditions to obtain a temporary residence card family and private life (spouses of French, spouses who have entered through family reunification, etc.) but have strong ties in France, you may eventually be admitted to stay after examining your file.
You must not be a threat to public order, nor live in a situation of polygamy in France.
You must prove:
- the reality, age, intensity and stability of your personal and family ties in France (age of your presence and life as a couple in France, children born of this union, etc.),
- your living conditions in France,
- and your integration into French society (especially taking into account your knowledge of the values of the Republic).
The nature of your relationship with the family 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 regular situation, you can obtain a residence card private and family life in particular, you can prove:
- have concluded Pacs: titleContent,
- the reality of the relationship with your partner,
- and the length of your life together in France (at least 1 year, with exceptions).
Parent of schoolchildren
If you are a parent of 1 or more children, you can request your regularization:
- if your family life is stable and stay for at least 5 years (with exceptions) in France,
- and if 1 or more of your children have been in school for at least 3 years (even in kindergarten) in France.
the other parent is not required to have a residence permit. Two parents in an irregular situation may each apply for a residence permit.
Spouses of a foreigner legally staying
By way of derogation from the family reunification, if you have entered France irregularly to join your spouse who holds a residence card, you can apply for regularization.
You must show that your family life is in France and that it is old, stable and sustainable.
As an indication, the following are considered favorably:
- 5 years of residence in France,
- and a couple's life of 18 months.
Foreigner entered minor turned major
If you entered France irregularly after the age of 13 to join your family, you can apply for regularization with your majority.
- or entered before the age of 16 in France, follow a serious school course there, and have 1 of your parents in a regular situation,
- or entered after the age of 16 in France, follow a serious school course, have all your close family in a regular situation and be at his actual charge.
the youngster, who does not have his family ties mainly in France but who follows higher education there, can exceptionally receive a residence card student..
- Code on the entry and residence of aliens and the right to asylum: Article L313-11Regularization through private and family ties (see article 7)
- Code on the entry and residence of aliens and the right to asylum: Articles R313-20 to R313-24Documents to be provided for the issuance of the residence card "privacy and family life": Articles R313-20 and R313-21
- Circular of 30 October 2004 on the conditions for the examination of applications for admission to stay submitted by foreign nationals in an irregular situation (PDF - 31.7 KB)
- Circular of 28 November 2012 on the exceptional admission to stay of foreigners in an irregular situation (PDF - 444.6 KB)