Immigrants in France have always experienced a scandalous reception at
prefectures when applying for their papers. To be seen at the counter,they had to get up very early, wait in a long queue, avoid being
jostled, and end up in front of a civil servant who would have preferred
to work in another department. In some cases of disturbances, the police
intervened with their batons or even tear gas. Since at least the "Covid
years," queues have disappeared, except perhaps at the one-stop shops
for asylum seekers. Digital technology has been imposed; there's no
point in going to the prefecture without an appointment!
Make an appointment? In almost all prefectures, appointments can only be
made online with a valid email address, because once the reservation is
made, it must be confirmed within 15 minutes, otherwise it is lost! We
understand why some people will never be able to obtain a sesame without
help. In some prefectures where there are many immigrants, searching for
and obtaining an appointment can last for days and days, even months...
to the point that there has been trafficking (selling appointments on
the Internet). Today, many commercial sites have disappeared, but the
RDVHUB site[1]and the official French government website, the Digital
Administration for Foreigners in France (ANEF), remain, which aims to
dematerialize all procedures concerning foreigners in France: residence
and access to nationality. The ANEF clearly states that a smartphone may
not be suitable; it's preferable to complete the procedures on their
website using a computer!
However, to request regularization of your administrative situation,
these requests are made for the Marne department (51) by sending a paper
application (large, registered with acknowledgment of receipt) to the
prefecture. In this case, there's no need to request an appointment! I
don't know if all prefectures require this procedure, as each prefecture
decides its own procedure. You're going to think it's better to send it
by post than to hand it over to the administration in person? But no!
Because if it's incomplete, like most applications, it will be returned
to you several weeks later. So much wasted time!
Your application will include:
a copy of your proof of nationality;
a copy of a full birth certificate; This is the document whose
authenticity is most contested by the French administration in order to
eliminate as many minors as possible from the care of ASE (child welfare
services);
a situation assessment;
a signed contract of commitment to respect the principles of the
Republic, available online;
the numerous documents requested depending on the type of regularization
you are applying for. There are many (spouse of a French citizen, parent
of a French child, student, employee or temporary worker, etc.)
Since January 26, 2024, it has been possible to submit an application
for exceptional admission to residency for employment in a shortage
occupation (I will come back to this later).
If your application is complete, you will receive an acknowledgment of
submission; otherwise, it will be returned to you as indicated above.
This acknowledgment of deposit does not confer any rights; it is not an
APS (Provisional Residence Permit), which is generally issued (a term
used by the administration to cover the times when it does not issue
one) to those applying to renew their residence permit or changing
status (from a multi-year residence permit to a resident permit, for
example).
Legal and Actual Deadlines: A Major Difference
Once in the hands of the Prefecture, the file will be reviewed and a
decision made. How long does it take? "It is essential to understand
that there is a difference between legal and actual deadlines for
processing residence permit applications. Legal deadlines represent the
maximum time allowed by law for a prefecture to respond to a request.
However, in practice, these deadlines are often exceeded due to various
factors such as staff workload, vacations, or industrial action (...).
The law does not set a specific maximum time limit for processing a
residence permit application. However, according to the general
principle of French administrative law, silence by the administration
for more than four months constitutes a decision of rejection (except
for exceptions provided for by law). This implicit rejection may be
appealed before the administrative court. (Excerpt from the website
[https://www.preflib.fr)]https://www.preflib.fr)
Okay! But let's look at the average processing times by type of application.
Processing times vary considerably depending on the type of application
and the prefecture concerned. Here is an estimate of the average
processing times observed:
Type of application / Average processing time
First application for a residence permit / 3-6 months
Residence permit renewal / 2-4 months
Change of status / 4-8 months
Residence permit (10 years) / 6-12 months
Residence permit for medical treatment / 4-8 months
What is shocking is the fact that we often go well beyond the 4-month
implicit rejection period!
Of course, the immigrant concerned will contact the immigration service
numerous times by email, where, at best, they will receive a response
such as: "Your application is still under review." They can also try to
contact the Prefect directly, with little chance of a response. He can
also contact the Defender of Rights or his representative in the
department... but they are overwhelmed and have no real power over the
Prefect. The only option left is to appeal to the Administrative Court.
There, you need a lawyer! But they can charge up to EUR2,000 for a
simple administrative appeal! Many are making money off the backs of
immigrants. There are still lawyers who have a political approach to
fighting the administration, but they are few in number (3 or 4 in the
Marne department, for example). To be sure you're not dealing with a
lawyer who's "going to the soup," simply ask them if they accept legal
aid. The consequences of prolonged processing times can be dire, even if
you obtain an APS (Regularization of Residence) with a work permit:
possible job loss, loss of family benefits, loss of social housing,
inability to travel, etc.
Regularization through Work
In February 2025, I accompanied an Algerian immigrant to the Marne
Prefecture in Châlons-en-Champagne. To our great surprise, we were
greeted by a very friendly and attentive Prefecture employee[2]. I took
the opportunity to inquire about other applications, some of which were
already dated. His response was clear and unambiguous: "This type of
application for regularization through work is managed by a manager in
the department. It is currently more than two years behind schedule!"
If you are a non-European foreign national residing illegally in France,
you can apply for a salaried or temporary worker residence permit,
subject to certain conditions. Your length of stay in France and your
integration are taken into account.
- Length of stay in France:
A minimum of 7 years of stay in France may be required by the prefecture
processing your application. If the application concerns a recognized
occupation under pressure (recognition valid until December 2026),
uninterrupted length of stay in France is limited to "at least 3 years."
However, you will need to provide proof of 12 months of professional
activity within the last 24 months in a job and geographic area under
pressure. This is far from easy, even for those who work regularly, as
due to the controls, many are forced to work with a fake/real residence
permit "borrowed" from a family member or close friend. It should be
noted that to prove their uninterrupted stay in France, the worker will
need to provide 3 personal and administrative documents per semester!
The number of these documents has doubled! For 3 years of employment,
that's 18 pieces of evidence to provide. For 7 years of employment,
that's 42 pieces of evidence!
- Integration:
Integration into French society must be demonstrated, in particular, by
a certain level of proficiency in the French language. This proficiency
can be proven by a French diploma (level A2) or a language certification
issued by an accredited organization.
However, if the person qualifies for a job in demand, they are not
required to have a diploma, but if they have a permanent contract, they
can obtain a one-year renewable residence permit under the same
conditions as the first time (with the same challenges). If the person
has a fixed-term contract, they can only obtain a residence permit for
the duration of their fixed-term contract. This is where we see that
regularization in jobs, whether in demand or not, is extremely difficult
to obtain and, in any case, extremely precarious. On closer inspection,
this regularization through work in professions under pressure has the
sole function of satisfying the employers in these sectors who are
unable to recruit the labor they need. In some states, such as Spain,
this has led to massive regularizations of undocumented immigrants. In
France, none of this! It would have taken a significant balance of power
in favor of undocumented immigrants for the State to make such a
decision and stand by it in front of the vast majority of the political
class and the media, who would have cried wolf, referring to the
traditional "pull factor."
Regularizations through work will be carried out in small increments,
reassuring employers in their efforts to maintain the employment of
already trained and operational staff. However, for employers who have
not found their workforce among undocumented immigrants present in the
country, they will be able to seek them abroad. The application
procedure has been simplified; the application is compiled by the
employer and submitted by them on the Ministry of Labor's dedicated
online platform. For occupations in short supply, the application
process benefits from an exemption from the enforceability of the
employment situation, and priority processing by the competent services,
with a deadline reduced to 2 weeks! In the event of a favorable
decision, the work permit is sent to the employer. The future employee
will have to submit a long-stay visa application to the French
consulate. Armed with their visa, they will undergo a medical
examination at the OFII (French Office for the Interior and Foreign
Affairs), and will then obtain a one-year multi-year residence permit
labeled "employee." This simplified procedure allows for the employee's
actual arrival in France in less than 3 months!
Bravo! All that's left for employers to do is find recruitment channels
for "fresh meat" abroad! These workers will be completely dependent on
employers. No more employment contracts in a profession under
pressure-it's out! Disturbing public order-it's out! As for the
transition from employee status to resident status (a 10-year permit),
this can only be done if the worker obtains a diploma proficient in the
French language, knowledge of our institutions, our history, our
geography, our culture, etc., respects the principles of the Republic,
and does not disturb public order!
Denis
Notes
[1]A few words about the RDVHUB website: RDVHUB is an alert platform
that instantly notifies immigrant applicants when an appointment becomes
available at the requested prefecture. Their service continuously
monitors appointment availability (24/7) (using a robot) and sends the
immigrant an alert by text message and email as soon as a slot becomes
available. However, this alert service costs EUR9.90 as a one-time
payment, with no subscription required.
[2]His application to upgrade from a multi-year residence certificate to
a 10-year residence certificate was complete and shouldn't have posed
any problems... But four months later, he still hasn't received a
response...
http://oclibertaire.lautre.net/spip.php?article4485
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A - I N F O S N E W S S E R V I C E
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