Control of a foreigner's papers: what are the rules?

The administrative situation of the alien may be verified in the context of a identity check ::

• in the territory (judicial or administrative control),
• or in a zone Schengen,
• or in a company (for combating hidden work),
• or carried out for the investigation of certain serious offenses (terrorism, arms and explosives, drug trafficking, etc.).

Outside of any identity check, law enforcement may invite a foreign national to present his or her documents. He must always carry the document authorizing his stay in France:

• a passport with visa valid (unless it is exempted nationalities) for a stay of 90 days maximum,
• or residence card or long-stay visa (or receipt or a temporary residence permit) for a stay of more than 3 months.

Checks may only be carried out on public roads, in public places or open to the public (stations, airports, cafes, etc.).

The security forces may only carry out a security check directly if objective factors external to the person concerned make it possible to assume that he is a foreigner. For example, if they drive a foreign-registered vehicle or distribute foreign-language leaflets on the street.

Title controls are limited in time and space. They may not:

• be practiced beyond 6 consecutive hours in the same place,
• lead to the systematic arrest of persons present or circulating in this place.

A foreigner who cannot present his residence document may be taken to a police or gendarmerie premises and detained there for verification of residence..