Expert lawyer in residence permits: how to increase your chances?

What are the conditions for issuing a residence permit?

Applying for a residence permit

Applications for residence permits must be submitted to the prefecture or sub-prefecture of the foreigner’s place of residence. In Paris, the application must be submitted to the Préfecture de Police. Each prefecture has its own organizational structure, so filing procedures may vary depending on the user’s place of residence.

Today, most requests are made online:

• or on the ANEF platform ;
• or on the “Simplified procedures” platform set up by the Prefecture.

However, if the user is unable to submit the application online, it will be processed at the prefecture or sub-prefecture, or, where applicable, by post or e-mail.

There are many problems with these platforms, which is why it is a good idea to call on our lawyers, experts in residence permits, to file and monitor your application.

When to apply for a residence permit

Foreign nationals applying for a residence permit for the first time must submit their application within two months of entering France.

For foreign nationals who already hold a first residence permit, the application to renew a residence permit must be submitted :

• On the ANEF platform: 60 to 120 days before the title expires;
• By any other means: 2 months before the expiry date.

Contents of the residence permit application file

The application for a residence permit must include all the required supporting documents.

The nature of the supporting documents varies according to :

• the type of residence permit requested;
• the foreigner’s particular situation.

However, certain documents are systematically required:

• Civil status documents ;
• Proof of nationality ;
• Photographs or e-photo code ;
• Proof of address.

Proof of application for a residence permit

The French authorities are required to issue a récépissé to foreign nationals when they submit their application for a residence permit. The rights conferred by the récépissé vary according to the nature of the permit applied for. If a récépissé is not issued to the foreign national, our residence permit lawyers can appeal to the administrative judge to remedy this administrative malfunction.

Processing residence permit applications

How long does it take to process a request?

Application processing times vary from prefecture to prefecture, and can be very long.

If a residence permit is issued

Once the application for a residence permit has been accepted, the foreigner is required to pay a fee to validate the permit. The amount is paid to the Office Français de l’Intégration et de l’Immigration (OFII). Payment is facilitated by purchasing a tax stamp online: Accueil – Achat de timbres fiscaux électroniques, at a tobacconist’s or at certain tax centers. The amount of the tax varies according to the foreign national’s situation.

In the event of refusal to issue a residence permit

The decision to refuse a residence permit may be implicit or explicit. If the administration remains silent for 4 months, the decision is implicit. This decision must be contested within the allotted timeframe, failing which it becomes final. In all cases, reasons must be given for the refusal. Even if the refusal is the result of silence on the part of the authorities, the foreign national has the right to request the reasons for the refusal within a certain time limit. Goldwin Partners and its expert lawyers can help you.

Time limits and appeal against refusal of a residence permit

How can I appeal against a refusal of a residence permit?

The decision to refuse a residence permit can be contested before the administration or directly before the administrative judge. In practice, appeals often have to be made immediately to the judge. On the one hand, the appeal is not suspensive, which means that the foreigner remains in an irregular situation while the case is being contested. Secondly, the refusal of a residence permit is generally accompanied by an Obligation de Quitter le Territoire Français (OQTF). The refusal is therefore contested during the appeal against the accompanying OQTF. In parallel with the appeal to annul the refusal decision, it is possible to initiate an emergency procedure to obtain the suspension of this same refusal decision. This procedure is brought before the Juge des référés.

How long does it take to contest a refusal of a residence permit?

This decision must be contested within 2 months. If no appeal is lodged within this period, the decision becomes final and can no longer be contested.

What documents should I bring to contest a refusal of a residence permit?

To build a solid case, you need to provide the judge with all the information required to prove that the conditions for issuing a residence permit have been met. This evidence depends on the type of residence permit requested. They may include proof of :

• Identity (birth certificate, passport, photograph, etc.) ;
• Presence in France ;
• Sufficient resources ;
• Family ties ;
• Professional situation ;
• Etc.

Depending on the particular situation of each foreign national, different documents will need to be provided. A residence permit lawyer can provide you with the exact list of documents required to avoid rejection of your application on the grounds of incompleteness.

What should I do if my appeal is rejected?

If the appeal is rejected, the foreign national may appeal to the relevant administrative court of appeal. The appeal must be lodged within 2 months of notification of the decision. This period may be reduced to 15 days in certain cases. When the refusal of a residence permit is accompanied by an OQTF, the litigation must be adapted to the specificities of contesting the OQTF decision.