Regularization of residence in France - Regularization of the parents of a minor member of the UE

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, in several cases, foreigners that entered France on a tourist visa settle 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” 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 financial capabilities of the foreigner, as well as its links with France, is very important. If you need help with your exceptional permission to reside request, consult an attorney.

First, it’s important to remember that France does not grant nationality jus soli, that is, a child born in France is not French when both parents are foreigners.

However, other countries, such as Spain, grant citizenship to a child born in that country even if the parents are foreigners. Another possibility is, if one of the parents is European, the child may have a European nationality (this is the case when one of the parents is Portuguese).

As a member of the European Union, the child has the right to reside in France. In addition, the Court of Justice of the European Union has already ruled that, when the child is a minor, his parents also have the right to reside in the host country, if the following conditions are met:

i. Being the parent of a minor child of European nationality;

ii. Contribute effectively to the maintenance and education of the child;

iii. Have sufficient resources; and

iv. The child must be covered by adequate health insurance.

If you have questions about regularization or if you need help setting up your dossier, do not hesitate to contact a lawyer.