The cases are varied and covered under specific regulations. We intervene in several languages (French, English, Tamil, Sinhalese, Urdu, Bengali) ​​and support you to obtain a residence permit from the prefecture. The regularisation of paperless is possible. This procedure makes it possible to ask the prefect for an exceptional admission to stay so that the foreigner can obtain a residence permit. People without papers are in an irregular situation on French territory. Indeed, they do not have any residence permit to justify their right to stay. In such cases, there are solutions for the regularisation of the paperless, provided certain conditions are met. Generally, undocumented migrants must be able to prove a promise of employment or a work contract. They must also prove that they speak French and that they adhere to French values.

What is exceptional admission of residence through work(AES) ?

This procedure allows foreigners in an irregular situation who can prove a residence condition and a minimum period of work on the national territory to obtain their regularisation and thus, a resident permit. Regularisation is an exceptional admission to stay. It is the prefect who decides to admit a foreigner in an irregular situation to stay, by virtue of his discretionary power. These cases are not rare and they are regulated. A 2012 Interior Ministry circular set the terms for legalisation, such as duration of stay in France, family situation, children in school, sufficient resources, etc. Manuel Valls, who was Interior Minister at that time, did not want mass legalisation but to provide a roadmap to prefectures to help them grant residence permits in a consistent manner. In this regard, the Valls circular of November 28, 2012 provides guidelines to assist prefects and allow the regularization of undocumented migrants.

1. Spouse of a foreigner in a legal situation

The undocumented spouse of a foreigner in a regular situation can obtain a regularization subject to justifying:

• 5 years of presence in France;
• 18 months of living together.

2. Parent of a child in school

The undocumented parent of a child in school can obtain a regularization subject to justifying:

• 5 years of presence in France;
• 3 years of schooling for the child, including kindergarten.

3. 10 years of presence in France

A foreigner who has been in France for 10 years can obtain a regularisation, subject to providing proof. In this case, you need to provide all proofs to justify your presence in France.

• Certain proof: documents from a public administration (prefecture, social and health service, educational establishment, jurisdiction, certificate of affiliation to State medical aid, documents from URSSAF or Pôle Emploi, tax notice ).
• Real proof: documents submitted by a private institution (pay slips, bank statements, medical certificates).
• Limited probative value: personal documents (envelopes, certificates).

4. Minor turned major

A young adult foreigner can obtain a regularisation on the condition of justifying:

• 2 years of presence in France on the date of the 18th birthday;
• a diligent and serious school career;
• stability and intensity of ties on French soil.

5. Exceptional reasons

A foreigner who is the victim of an offence constituting trafficking in human beings, procuring or victim of domestic violence can obtain regularisation. A foreign national with exceptional talent or because of a service rendered to the community may benefit from a regularisation.

Regularization of undocumented workers for professional activity

What are the conditions to be met?

A foreigner who can prove a job in line with his training, his diplomas or his experience and a salary equivalent to the conventional minimum can obtain a residence permit "employee" or "temporary worker" subject to justification.   There are various scenarios:

• 1. Scenario A
  • 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.
• 2. Scenario B
  • 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 taxORAn employment contract or a promise of employment for a period greater than or equal to 6 months + 12 months of solidarity economy activities in an organisation approved at national level by the StateOR Carry out an activity as a temporary worker + 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. Scenario C
  • 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.

Regularization of undocumented migrants for studies

  In terms of regularisation, foreigners without papers can obtain a residence permit thanks to their studies. 1. Isolated foreign minor The foreigner can obtain a regularisation subject to:

• Have been placed in child welfare after the age of 16;
• For at least 6 months, have followed a qualifying vocational training course.

2. Foreigner in an irregular situation pursuing higher education The foreigner who pursues higher studies can obtain a regularization subject to:

• Have been educated in France for at least until the age of 16;
• Pursue higher education diligently and earnestly.

Does the foreigner must be assisted by a lawyer in these steps?

No and yes. The decision of exceptional admission to stay by stay is at the discretion of the prefect. Even if the criteria set out above are met, it remains possible for the foreigner not to obtain regularization due to some reason. Contrary to that, even if the criteria set out above are not all met, it remains possible for the foreigner to obtain regularization by preparing his file well. In addition, bilateral agreements provide for derogatory conditions and modalities depending on the nationality of the foreigner. Only a habitual practice of the law of foreigners and a good knowledge of the court decisions rendered in the matter allow to put all the chances on his side to obtain his regularization. The processing time for cases varies according to the prefectures.

Refusal

1. Refusal of a residence permit with OQTF The OQTF is an administrative decision taken at the prefectural level. It contains several decisions including:

• The declaration of the irregular nature of the stay of a foreigner in France;
• The injunction to leave French territory;
• Indication of the country of return and setting a departure time.

The law provides for several reasons that can justify an OQTF. The refusal to issue or the failure to renew the residence permit are part of this. In these cases, the foreigner will be subject to an OQTF with a voluntary departure period of 30 days. Good to know : The OQTF may also be accompanied by a travel ban on French territory (ICTF) or a re-entry ban on French territory (IRTF). Out of a total of 85,268 OQTFs issued in 2017, 23% were accompanied by IRTFs. 2. Refusal of a residence permit without OQTF In the majority of cases, the refusal to issue a residence permit is associated with an OQTF. On the other hand, it happens that the prefect refuses the residence permit without issuing an OQTF. It is important in this case to file a motion for annulment before the administrative court. Unlike a refusal of a residence permit with an OQTF, the 30-day appeal period is not enforceable. This lack of delay leads to a longer processing time. Indeed, the judge is not required to render his judgement within 3 months of the referral.