👥 It is strongly recommended to be accompanied in your procedures by a lawyer or an association specializing in foreigners' law. To get an opinion or receive support, I can go to a legal office specializing in foreigners' law, which I can find on Soliguide.fr . This sheet does not present all the existing residence permits and reasons for obtaining them; it focuses on certain situations.
In France, the general rule for obtaining a residence permit is to already have a residence permit or a visa allowing you to be in France on a regular basis. There are certain exceptions to this rule which make it possible to obtain a residence permit while being in an irregular situation in France, under certain conditions:
⚠️ The Prefecture may refuse to grant me a residence permit even if I meet these conditions . It's not automatic.
➡️ If I am in danger in my country of origin , I can apply for asylum. If I have been in France for more than 3 months, my request will be made through the accelerated procedure.
➡️ If I am a victim of domestic violence . I can benefit from a residence permit provided that I take legal action against the perpetrator of the violence. I can get information from a support structure for women victims of violence.
➡️ If I am the victim of human trafficking or a prostitution network. I can benefit from a residence permit for this reason. It is necessary for me to file a complaint against the trafficker or pimp. I can get information from a support structure for victims of human trafficking.
➡️ If I have health problems and cannot access the necessary care or treatment in my home country. I can apply for a residence permit for care. If the request is accepted, I will be granted a one-year residence permit, which I will be able to renew as long as my medical situation or the situation of access to care in my country does not change.
➡️ If I have a seriously ill child and they cannot access the necessary care or treatment in my home country. I can benefit from a residence permit for the duration of the care necessary for my child ;
➡️ If I have been in France for more than 5 years and I have one or more children who have been in school for at least 3 years. I can apply for a residence permit because of the close family ties I have in France. However, it is necessary that I master French.
➡️ If I have been in France for more than 5 years and I have lived for more than 18 months with a person legally resident in France. It is also necessary that I can demonstrate a certain mastery of French and sufficient resources.
➡️ If I have one or more French children and I participate in their education.
➡️ If I have lived in France since the age of 13 and I apply for a residence permit the year I turn 18.
➡️ If I prove having worked for 3 years in an OACAS (Community Reception and Solidarity Activity Organization – like the Emmaüs communities) and have prospects of integration in France.
👉 If I do not find myself in any of these situations above, I can make a request for Exceptional Admission to Stay at the Prefecture , who can decide to grant me a residence permit, in particular if I am in the one of the following situations :
➡️ If I have been in France for more than 10 years.
➡️ If I have been in France for more than 5 years and I can prove with pay slips that I have worked 8 months over the last 24 months or 30 months over the last five years. My employer will have to pay a tax to the OFII if my residence permit “ employee » is granted. It is today very difficult to obtain a residence permit on this ground.
⚠️ As a reminder, the Prefecture can refuse to grant me a residence permit, even if I meet the conditions . It's not automatic. When the Prefecture refuses to grant a residence permit, it can also issue an Obligation to Leave the French Territory (OQTF ). If the person does not respect this obligation, France can expel them to their country of origin.
Whatever the reason for requesting a residence permit, it is necessary to be supported in the procedures to avoid refusals of a residence permit.