Regularization of residence in France - Regularization by private and family life

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 request for exceptional permission to reside can be made when the foreigner has a long-term relationship with a French person or a foreigner (legally resident in the country), in derogation from the classic family reunification procedure, under the following conditions:

i. At least 5 years in France;

ii. Common life of at least 18 months.

It is important to remember that the obtention of a residence permit is subject to the mayor's assessment, based on evidence of the relationship.