Introduction:

The regularization of undocumented migrants in France is a viable option for individuals seeking their first residence permit. This process involves applying to the prefect for exceptional admission to stay, allowing foreign nationals without proper documentation to obtain a residence permit, provided specific conditions are met.

People without proper documentation find themselves in an irregular situation on French territory, lacking the necessary residence permit to justify their stay. The regularization process, guided by the Valls circular of November 28, 2012, grants prefects discretionary power to admit foreigners in irregular situations, paving the way for their regularization.

Applicants typically submit a letter along with supporting documents to the Prefect for regularization. The processing time varies among prefectures, and no receipt is issued during the examination of files.

The regularization process is categorized based on different aspects of the applicant’s situation, including private and family life, professional activity, and studies.

1. Private and Family Life:

Undocumented migrants can seek regularization based on private and family life considerations. The assessment involves evaluating personal and family ties abroad, taking into account factors such as age, intensity, and stability of these connections. Demonstrating an ability to integrate into French society, including proficiency in the French language, is also essential.

Spouse of a Foreigner with a valid residence permit:

• There is a requirement of 18 months of living together. This needs to be justified by evidence like joint bank account, proof of address together. For further infomation in this case, please read the dedicated article here.

Parent of a Child in School:

• Requirements include 5 years of presence in France and 3 years of schooling for the child.

Exceptional Reasons:

• Victims of trafficking, domestic violence, or individuals with exceptional talent may be eligible for regularization.

10 Years of Presence in France:

• Applicants must provide proof of a 10-year presence, requiring two certain proofs per year.

Minor Turned Major – Under-Aged:

• Conditions include 2 years of presence by the 18th birthday, a diligent school career, and stability on French soil.

2. Regularization of Undocumented Workers for Professional Activity

Undocumented individuals who can demonstrate employment aligned with their training, diplomas, or experience, along with a salary equivalent to the conventional minimum, have the opportunity to obtain a residence permit as an “employee” or “temporary worker.” This is subject to the following conditions:

Case 1:

• 5 years of presence in France.
• An employment contract or a promise of employment for a period greater than or equal to 6 months.
• 8 payslips over the last 24 months or 30 payslips over the last 5 years.
• A commitment from the employer to pay the employer tax.

Case 2:

• 3 years of presence in France.
• An employment contract or a promise of employment for a period greater than or equal to 6 months.
• 24 payslips, including 8 for the last 12 months.
• A commitment from the employer to pay the employer tax.

Case 3:

• 5 years of presence in France.
• An employment contract or a promise of employment for a period greater than or equal to 6 months.
• 12 months of engagement in solidarity economy activities within an organization approved at the national level by the State.

Case 4:

• 5 years of presence in France.
• Engaging in temporary work.
• 12 contractual salaries and 910 hours over the last 24 months.
• An employment contract or a promise of employment for a period greater than or equal to 12 months.

3. Regularization of Undocumented Migrants for Educational Purposes

In the context of regularization, individuals without proper documentation have the opportunity to secure a residence permit through their pursuit of studies.

Isolated Foreign Minor: Undocumented individuals can seek regularization under the following conditions:

• Placement in child welfare after the age of 16.
• Completion of a qualifying vocational training course for a minimum of 6 months.

Foreigner in an Irregular Situation Pursuing Higher Education: Undocumented individuals pursuing higher studies can apply for regularization by meeting the following criteria:

• Education in France from at least the age of 16.
• Diligent and earnest pursuit of higher education.

Conclusion: In general, legal assistance, such as that provided by Airiau Avocat, is recommended for the regularization process. These guidelines aim to facilitate the path for undocumented migrants seeking their first residence permit in France.

Disclaimer: This information is not legal advice; it is gathered from various sources and may contain unintentional errors or outdated information. Readers are urged to consult legal professionals for up-to-date advice as laws may change over time.