Regularization of residence in France - Regularization by work

Once established in France, the foreigner has the possibility to regularize his situation through an application for exceptional permission to reside (visa waiver). This request can be made on various grounds.

To legally reside in France, a foreigner (non-European) must apply for a long-term visa in his country of origin. However, there are several cases of foreigners who entered France on a tourist visa and settled permanently in the country.

Once established in France, the foreigner has the possibility to regularize his situation through an application for exceptional permission to reside (visa waiver). This request can be made on various grounds, at the “préfecture" or “sous-préfecture”, according to the place of residence.

The regularization cases are foreseen by the Circular Valls, which has no binding value for the administration, that is, even if the foreigner fulfills all the conditions, the residence permit can be refused, with or without obligation to leave the territory (for more information on the obligation to leave the territory, click here).

Thus, a solid case that highlights the foreigner's financial capabilities and its links with France is very important. If you need help with exceptional permission to reside, consult an attorney.

The regularization by work can be requested by foreigners who work in France. It must be taken into account that, as the foreigner is in an illegal situation, it is either irregular or dissimulated work.

The Valls circular establishes the following conditions for applying for exceptional permission:

i. Lenght of stay

A. in France for at least 5 years, with 8 months of work in the last 2 years or 30 months of work in the last 5 years; or

B. in France for at least 3 years with 24 months of work, including 8 months of work in the last 12 months.

ii. Having an employment contract or a recruitment commitment, preference is given to permanent contracts (CDI) and fixed-term contracts (CDD) of more than 6 months. The monthly salary must be at least equal to the minimum salary (€ 1,554.58 gross), which can be achieved with several contracts.

iii. Basic French.

iv. Not to be a threat to public order, nor to live in polygamy in France.

* The request can also be made by a foreigner resident in France for a minimum period of 7 years with 12 months of work (consecutive or not) in the last 3 years, even if at the time of the request he does not have an employment contract or promise of employment.

Once the application is filed, the process will be examined by DIRECCTE (taking into account 5 criteria). Then, the mayor may or may not grant a residence permit.