The provisional residence permit allows certain foreign nationals in France to remain legally for a limited period. This status facilitates access to essential rights: work, healthcare, education. Depending on their situation, certain foreign nationals may be concerned: higher education graduates in specific cases, parents of a sick child, individuals requiring medical care in France, or foreign nationals involved in an asylum procedure, each falling under a specific legal framework.
Faced with complex procedures, the immigration law firm G-Partners can secure your case from the outset and help you avoid an OQTF (obligation to leave French territory).
Key points to remember:
· A transitional measure: the APS is a temporary measure that allows you to remain legally in France while preparing the transition to a more stable residence permit.
· A wide range of beneficiaries: graduate students, parents of a sick child, individuals requiring medical care, or asylum seekers may be eligible, each subject to their own conditions.
· Concrete rights: it may provide access to the labour market and social protection in cases provided for by law, as well as to medical care, but travel abroad remains regulated and may compromise the possibility of returning to France if the conditions for residence are no longer met.
· Limited duration: generally between 6 and 12 months, sometimes renewable depending on bilateral agreements or continued medical treatment. Planning ahead is crucial to avoid a break in status.
· Professional assistance recommended: since the procedures are complex and the risk of refusal is real, being assisted by a specialized lawyer such as G-Partners increases the chances of success and secures the process.
What is a provisional residence permit?
The APS is a document issued by the prefecture that grants a foreign national authorization to remain on French soil on a temporary basis. It is governed by the French Code on the Entry and Residence of Foreign Nationals and the Right of Asylum (CESEDA), through various specific legal schemes (for example, for foreign nationals who are ill, parents of a sick child, or certain asylum-related situations), with the applicable provisions varying depending on the legal basis of the application.
Objectives and purpose of the APS
- Provide temporary protection to individuals awaiting a more stable permit.
- Enable job seeking or business creation for foreign graduates.
- Provide access to urgent medical care for foreign nationals who are ill.
- Ensure continuity of rights (social protection, education, family life).
Who can apply for a provisional residence permit?
The APS may apply to different profiles of foreign nationals, depending on their personal, medical, or administrative situation. It may be granted
- to students at the end of their studies,
- to parents facing their child’s illness,
- to individuals in need of urgent medical care,
- or to certain asylum seekers.
Each category is subject to specific conditions, which are set out in the following sections.
APS for graduate students (job seeking or business creation)
Who is concerned?
You have just completed your master’s degree in France. After years of hard work, classes, sleepless nights, and exams, you finally hold the diploma that can change your future. But one question keeps coming back: how can you remain legally in France to turn this academic success into a career opportunity?
For young graduates, the relevant scheme today is the “job seeking or business creation” residence permit provided for in Article L.422-10 of the CESEDA. It is intended in particular for holders of a master’s-level degree or a professional bachelor’s degree and is issued for a non-renewable period of one year, in order to allow the search for a job related to the training or the creation of an activity.
Administrative steps for young graduates
As soon as your diploma is validated, you must submit an application to the prefecture of your place of residence.
Time is tight: the application must be filed before your “student” residence permit expires, within the timeframe set by the prefecture (often in the months preceding the expiry date). In practice, it is advisable to plan ahead and submit the file at least a few weeks in advance. This anticipation helps you avoid falling into an irregular situation and provides a smooth transition into working life.
Documents to provide for the file
- Diploma (master’s level or professional bachelor’s degree) or a temporary certificate of success.
- Valid passport (copies of all pages).
- Recent proof of address (hosting certificate + ID of the host if applicable).
- Compliant ID photos.
- Completed application form.
These documents, sometimes seen as mere formalities, are in fact decisive: one omission, one mistake, and your professional project may be delayed. This is why it is always useful to be assisted by a lawyer who can help you submit a complete file with no errors.
To go further, feel free to read our article on “ How to successfully change your status from student to employee. ”
APS for parents of a sick child
Conditions specific to the family situation
You are a parent. Every day, you experience conflicting emotions between hope and exhaustion, because your child is suffering and needs treatment that can only be found in France. In this ordeal, the APS becomes a lifeline: it allows foreign parents to remain by their child’s side. This protection, provided for by the CESEDA under the scheme relating to foreign nationals who are ill and their relatives, is designed for parents facing an exceptional medical situation requiring the child to be treated in France.
Issuance of this authorization does not require the presentation of a visa. The parent must prove that they usually reside in France with the child and that they provide for the child’s maintenance and education.
The APS may also be requested by a foreign national who holds a court decision granting parental authority. It is granted only if the presence on French territory does not pose a threat to public order.
Procedure to follow with the prefecture
You can submit your file in person at the prefecture or send it by registered mail.
The procedure is identical to that for applications for the “foreign national who is ill” residence permit.
The APS is issued for a maximum period of 6 months and may be renewed as long as the child’s medical care requires it, provided that the legal criteria continue to be met.
Supporting documents to provide
- Detailed medical opinion validated by a doctor from the French Office for Immigration and Integration (OFII).
- Proof of filiation: birth certificate, family record book, or parental authority judgment.
- Copy of a valid passport and proof of address or hosting certificate.
- Hospital certificate confirming medical care.
No stamp duty or tax is required, which makes it an accessible procedure. Once granted, the APS allows its holder to remain in France and, within this framework, to work when the applicable rules provide for it. Travel abroad may be possible, but it must be considered with caution, as leaving may make it difficult to return if the permit expires or if re-entry conditions are no longer met.
APS for foreign nationals who are ill (urgent or essential medical care)
What are the medical requirements?
You are ill, and your doctor tells you a difficult truth: the treatment you need does not exist in your country of origin. Your health, even your life, therefore depends on your remaining in France. It is precisely in this context that an APS may be issued to you.
The scheme relating to foreign nationals who are ill applies to individuals whose state of health requires medical care and whose lack of care could have consequences of exceptional severity, and for whom there is no effective access to appropriate treatment in the country of origin. Where certain conditions, in particular residence conditions, are not met, a provisional residence permit may be issued.
In practice, this authorization is issued for a limited period, frequently around six months, and may be renewed as long as medical care in France remains necessary and the legal conditions continue to be met.
It does not require the presentation of a visa and, in principle, is not subject to the €200 fee applicable to certain residence permits. Depending on the legal basis of the application, a stamp duty may nevertheless remain payable; you should check the rules in force with the prefecture.
It exists to protect people in your situation, so that illness does not force you to leave French territory.
Where and how to complete the formalities?
If you are in this situation, your first point of contact will be the prefecture or sub-prefecture of your place of residence. You may submit your file in person, or send it by registered mail in order to have proof of your steps.
Once submitted, your medical file will be sent to an OFII doctor (French Office for Immigration and Integration). They will assess whether the treatment is truly essential and whether it is unavailable in your country of origin.
Once issued, the APS also guarantees access to healthcare and the possibility of working legally.
Required medical and administrative supporting documents
- Detailed medical certificate.
- Hospital report or prescribed treatment.
- Copy of passport.
- Proof of address in France.
A complete and well-prepared file helps avoid delays and increases your chances of obtaining this authorization.
APS for pending asylum seekers
Conditions of access
You arrive in France and submit an asylum application. At the GUDA (single desk for asylum seekers), you are given an asylum application certificate: it gives a right to stay for a limited period (one month, then renewal for several months depending on whether you fall under a Dublin, accelerated, or standard procedure).
These documents remain distinct from a provisional residence permit. In certain specific situations, an APS may nevertheless be issued to maintain lawful residence, on the basis of the CESEDA provisions relating to asylum seekers.
Filing and follow-up of the APS application
If you are in this situation, or if someone close to you is, the first step is to file your application with the prefecture or sub-prefecture of your place of residence. You can submit it directly at the counter, send it by registered mail to keep proof, or apply online via the official portal administration-etrangers-en-france.interieur.gouv.fr. In some cases, the application may also be made via the DREETS (Regional Directorates for the Economy, Employment, Labour and Solidarity).
To be eligible, you must already hold an asylum application receipt without the right to work and show that your procedure has been ongoing for more than one year before the OFPRA (French Office for the Protection of Refugees and Stateless Persons), or that you have referred the National Court of Asylum after a refusal. Once filed, your application is examined and the APS may be renewed until the OFPRA or the CNDA (National Court of Asylum) issues its final decision.
The process often remains lengthy, with timeframes varying depending on the prefecture. It is therefore crucial to plan ahead and not let your document expire: an expired APS would immediately place you in an irregular situation, with the risk of an OQTF (obligation to leave French territory).
Evidence and certificates to provide
- Proof of filing of the asylum application.
- Passport or identity document.
- Proof of address.
WARNING
Simply filing your application does not automatically suspend the expiry date of your right to stay. Only the issuance of a certificate, a receipt, or an APS by the prefecture officially confirms that you may remain in France. You must therefore check the validity date shown on the document you receive and plan its renewal in advance to avoid any irregular situation.
Rights and limits of the provisional residence permit
Right to work
Holding an APS may, in certain cases, open up the possibility of working legally in France, where the text governing that authorization expressly provides for the exercise of a professional activity.
If you are a graduate student, you can look for a job corresponding to your training and sign an employment contract legally. You also have the freedom to launch a business creation and test a professional project without fearing irregularity.
But beware: the job must remain consistent with your skills, and the contract must comply with French regulations. Outside this framework, the APS does not provide unlimited access to the labour market.
Access to healthcare and social protection
Once you have your APS, you can in principle open rights to Social Security (universal health protection) and, where applicable, to the Complémentaire santé solidaire, which allows access to care under conditions close to those of a resident. State Medical Assistance (AME) is primarily intended for people without a residence permit and therefore is not the standard scheme for APS holders.
For many foreign nationals in a vulnerable situation, this right is vital: it ensures that no illness is left without care.
Ability to travel with an APS
This is often a major disappointment: the APS is not a travel visa. Leaving the territory with this status, especially outside the Schengen area, can endanger your ability to return. Some people leave anyway, thinking they can come back easily, only to discover too late that their APS is no longer valid at the border.
In short: this document allows you to remain in France, but not to travel freely. If you have an urgent trip abroad, you must check with the prefecture or the consulate before leaving.
What to do after an APS expires?
The deadline always comes sooner than expected. When your APS reaches its end date, it is essential to plan ahead to avoid any interruption of rights and any shift into an irregular situation.
Deadlines to respect
The application for a residence permit must be filed before the APS expires, within the time limits set by the prefecture. In practice, it is recommended to plan well ahead and submit the file several weeks, or even a few months, before the end date.
How to renew your APS?
For students, certain bilateral agreements concluded between France and third countries provide specific schemes allowing, under the conditions set out in those texts, an extension of the job-seeking or business-creation period after obtaining the diploma. The duration and renewal arrangements vary depending on the country concerned. It is therefore essential to check, case by case, the provisions of the applicable agreement and the information published by the administration (prefecture, Ministry of the Interior, Campus France platforms) before filing the application.
Transition to a more stable residence permit
The APS is only a transitional step. It should always be seen as a bridge to a more stable residence permit. Depending on your personal situation, several options are available:
For students
After an APS obtained following a master’s-level degree or a professional bachelor’s degree, you may apply for the temporary residence permit “job seeking or business creation” (Article L.422-10 of the CESEDA).
This permit, valid for one year, allows you to look for a job related to your training or to create an independent activity. The proposed employment contract must comply with the legal minimum wage (at least 1.5 times the SMIC for certain qualified professions). If you find a long-term job, you can then move to a employee residence permit or a Talent Passport.
For parents of a sick child
When the APS expires, the parent may apply for a temporary “private and family life” residence permit (Article L.425-9 of the CESEDA). This permit is renewable as long as the minor child requires medical care in France and the parent continues to provide for the child’s maintenance and education. It also grants access to work.
For foreign nationals who are ill
If your state of health still requires follow-up in France, you may apply for a temporary residence permit for medical care (Article L.425-9 CESEDA, and Articles R.425-11 to R.425-14). This permit is granted based on the OFII doctor’s opinion. It is generally valid for one year and renewable as long as care remains necessary. However, it may be refused if the treatment exists in your country of origin or if your presence constitutes a threat to public order.
For asylum seekers
The APS is only a transitional status, valid while awaiting the decision of the OFPRA (French Office for the Protection of Refugees and Stateless Persons) or the CNDA (National Court of Asylum). If your application is accepted, you obtain a residence permit as a refugee (valid for 10 years, equivalent to a resident card – Article L.424-1 CESEDA) or a multi-year residence permit “beneficiary of subsidiary protection” (valid for 4 years – Article L.424-9 CESEDA). These statuses grant enhanced rights: access to work, social protection, and family reunification.
Practical difficulties and solutions
Common mistakes to avoid
An APS application may be refused for simple reasons:
- filing too late,
- missing or non-compliant documents,
- failure to understand deadlines.
These mistakes are common, but they can be avoided by carefully preparing each step.
How to challenge a refusal of an APS?
A refusal of an APS is never inevitable. You receive a written decision, often packed with legal references that are hard to understand. But you can respond.
The first step is to file a gracious appeal with the prefecture. This means requesting a re-examination of your application directly from the service that refused it.
If that does not work, you can then lodge a contentious appeal before the administrative court. This judicial procedure is strictly governed by the Code of Administrative Justice.
Each step requires rigor:
- meet the deadlines,
- attach all required documents,
- support your situation with solid evidence.
Challenging a refusal is not only about defending an administrative right. It is also about protecting your family life, continuing your studies, maintaining your right to work, or preserving a business-creation project.
Using an immigration lawyer
Handling these procedures alone can be exhausting. A specialized lawyer knows the CESEDA rules, prefecture practices, and appeal procedures.
Their role:
- put together a compliant and complete file,
- defend your rights in the event of refusal,
- prepare a strategy tailored to your situation,
- explain each step in detail and not give you false hope.
If you are facing an administrative deadlock, our G-Partners law firm, experienced in immigration law, is here to help you avoid losing your chances of regularization and to prepare a strong appeal.
Impact of recent reforms (Immigration Act)
The so-called Asylum and Immigration law of 26 January 2024 (often referred to as the “Darmanin law”) introduces several measures that significantly change access to and the conditions for issuing an APS.
Reduction of eligible groups
The 26 January 2024 law, known as the “Asylum and Immigration” law, introduced several changes that directly or indirectly affect the APS regime.
Fewer eligible cases and stricter conditions
· The text now imposes, for several categories of residence permits, new requirements:
- signing a contract of commitment to the principles of the Republic,
- proof of stable residence,
- and sometimes a higher French-language requirement.
These conditions apply generally to residence permit applications, including where the foreign national applies for a provisional residence permit or a more stable status, and may therefore complicate both the granting of an APS and the transition to another legal basis for residence.
Reforms to the asylum procedure
The reform also changed how applications are handled: shorter appeal deadlines, changes to the organization of the OFPRA and the CNDA, and increased use of accelerated procedures for certain cases. These developments may increase uncertainty for applicants; in this context, the APS plays a role as a transitional document that temporarily preserves lawful residence while awaiting a final decision.
Processing and issuance timeframes
In practice, processing times at prefectures are likely to increase. More checks add to the administrative workload and make anticipation essential for APS holders. The difficulty of obtaining an appointment with the prefecture makes these delays even longer.
Practical tips to plan ahead
- Have a Plan B: consider possible alternatives now (“job seeking / business creation” permit, “private and family life” card, etc.), as the criteria could become stricter in the near future.
- Anticipate each step: file your application as early as possible; delays or missing documents are immediate grounds for refusal; monitor your expiry and renewal deadlines carefully.
- Get support: a lawyer experienced in residence permits can help you avoid refusals, navigate between permits, or adapt your application to new requirements.
Conclusion
As you can see, the provisional residence permit (APS) is a valuable but fragile bridge. It provides access to work, healthcare, and social protection, while preparing the transition to a more stable residence permit. The rules change quickly, and an incomplete file can lead to a refusal with serious consequences.
Don’t take any chances: contact G-Partners now, an immigration law firm.
Frequently asked questions about the provisional residence permit
Is it possible to work with an APS?
Yes, but within a specific framework. If you are a higher-education graduate, this authorization allows you to look for a job corresponding to your training.
You can also consider starting your own business, but only in compliance with the conditions set out by the CESEDA. The APS therefore does not open every door, but it does give you the possibility of turning your studies into a first professional experience.
Is it possible to travel with an APS?
No. Many people are unaware of this and believe it is a long-stay visa equivalent to a residence permit: that is not the case. Leaving the territory, even for a few days, may prevent you from returning. The risk is real, because an APS is not recognized as a travel document outside the Schengen area. Only obtaining a more stable document, such as a multi-year card or a residence card, secures travel abroad. Before leaving, it is always useful to check with consular services.
How long is an APS valid?
The validity period depends on the profile. As a general rule, it is between 6 and 12 months. Certain situations allow for a renewable duration, particularly where ongoing medical care or asylum procedures are still pending.
But be careful: the APS expiry must be anticipated. Filing too late to renew or change status would place you in a fragile position vis-à-vis the administration.
What should you do in the event of a refusal?
A refusal is never the end of the road. You can first file a gracious appeal with the department that issued the decision.
If that is not enough, there is a contentious appeal before the administrative court, within a strictly regulated judicial procedure. At these stages, a lawyer’s support is often decisive: they will know how to present your arguments, highlight the applicable rules, and use evidence supporting your status or project. Competent assistance greatly increases the chances of a favorable outcome.
How can you remain in France once the APS ends?
The APS is designed as a transitional step. When it expires, you must consider switching to a more stable status: for example, the “job seeking or business creation” card, the “family life” card for a parent of a sick child, or the “medical care” card. Planning ahead helps avoid interruptions of rights and an OQTF (obligation to leave French territory).
Is it mandatory to provide a cover letter?
For a higher-education student wishing to remain in France, a cover letter is a powerful tool, even if it is not always mandatory. It allows you to explain your plan: looking for a first job, creating a business, or the desire to extend an academic experience.
Some administrations or sub-prefectures expressly request it, because it highlights the consistency between your studies and your ambitions. When well written, signed, and accompanied by the required documents, it can make the difference between a straightforward refusal and a smoother granting of the APS.
What is the difference between an APS and an OFII certificate?
They should not be confused.
· The APS is a transitional measure, constituting a residence permit for a short period.
· The OFII certificate, on the other hand, is a formality linked to the long-stay visa: it confirms the registration of your arrival and allows you to remain legally.
Two separate documents, two different purposes.
Can holders of a bachelor’s degree apply for an APS?
Yes, but under certain conditions. Holders of a professional bachelor’s degree may benefit from an APS, unlike holders of other general bachelor’s degrees. This status gives them a limited period to look for a job or consider creating a business related to their skills. It is an opportunity not to be missed, but be careful: the rule does not apply to standard/general bachelor’s degrees.
