EXPIRED VISA: regularization by exceptional admission to stay


Expired VisaExceptional admission to stay is a procedure of expired visa regularization which allows non-European foreigners in an irregular situation to obtain a “private and family life”, “employee” or “temporary worker” residence permit.

Do you live in an irregular situation on French territory? What is the procedure to follow to regularize your situation? In France, an undocumented foreigner can be regularized either by marrying a French citizen, or by creating or buying a business on French territory, or by exceptional admission to stay. 

This last solution is possible for humanitarian workers, workers or for an exceptional reason. However, to obtain a residence permit by exceptional admission to stay, it is mandatory to respect the conditions of granting. For the steps, seek the advice of a lawyer specializing in foreigners’ rights. What do you need to know about exceptional admission to stay ? What are the conditions to be met to be eligible for this procedure?

 

WHAT IS IT ABOUT

Regularization procedure, the exceptional admission to stay allows a non-European foreigner living irregularly in France to obtain a residence permit. It can be granted for a humanitarian or professional reason or for an exceptional reason.

To understand the usefulness of exceptional admission to stay, it is necessary to give its general definition.

Exceptional admission to residence is a regularization procedure that allows non-European foreigners in an irregular situation to obtain a “private and family life”, “employee” or “temporary worker” residence permit.

Thus, a non-European foreigner in an irregular situation can be allowed to stay by receiving a temporary residence permit valid for one year. The application for a residence permit must be made in the prefecture or sub-prefecture of your place of residence. The private and family life residence permit authorizes its holder to exercise a professional activity on French soil.

Key points to remember:

  • The exceptional admission to stay allows a non-European foreigner in an irregular situation to obtain a temporary residence permit valid for one year;
  • The application must be submitted to the prefecture of the place of residence.

 

CONDITIONS OF ADMISSION

To obtain a “private and family life” residence permit for exceptional admission to stay, you must be able to justify one of the reasons from this list:

  • Humanitarian reason: this is the case if the one of your children is disabled;
  • An exceptional reason: for example, you have a particular talent and have rendered a service to France.

The exceptional admission procedure for residence is a derogatory procedure. To be able to apply for exceptional admission to stay, you must have been in an irregular situation on French soil for at least 10 years. If you are of Algerian nationality, special rules apply: you will automatically receive a “private and family life” residence permit after proving that you have resided in France for at least 10 years. This period is extended to 15 years if you are a student.

You must also, to obtain an exceptional authorization to stay, testify to a good integration into French society, respect for its values ​​and at least an elementary mastery of the French language.

Key points to remember:

  • To request an exceptional admission to stay, it is necessary to be in an irregular situation on French territory for a period of at least 10 years;
  • The application also requires proof of a good integration into society.

 

THE PROCEDURE

To apply for a “private and family life” residence permit for exceptional admission to residence, you must contact the prefecture or sub-prefecture of your place of residence.

Exceptional admission to stay is a regularization procedure on a case-by-case basis. It is up to the Prefect to accept your request or not depending on your situation and the reasons given and after consulting the Residence Permit Commission.

The exceptional admission to stay allows you to work as an employee or not. It is therefore not useful to apply for a parallel work permit.

 

Key points to remember:

  • The exceptional admission to “private and family life” residence is a temporary residence permit valid for one year;
  • The request should be sent to the prefecture or the sub-prefecture. The prefect decides whether or not to grant the residence permit.

 

EXCEPTIONAL ADMISSION TO RESIDENCE THROUGH WORK

Exceptional admission to residence also makes it possible, in certain cases, to obtain a temporary worker or salaried worker residence permit. Again, this is a case-by-case regularization procedure. The request is also made in the prefecture or sub-prefecture.

 

To be able to obtain an exceptional admission to stay through work, you must meet the conditions of this list:

  • Be the holder of an employment contract or a promise of employment;
  • Live in France for at least 5 years, with some exceptions;
  • Have worked at least 8 months in the last two years;
  • Speak French.

 

To make an application for exceptional admission to stay through work, you must have your employer complete and sign the form n°15186*01. This form contains the list of supporting documents to be submitted with the application.

 

The application file will be examined by the prefect after consultation with the Foreign Workforce Department of the Direccte. The latter examines the application files according to the five criteria of the following list:

  1. The adequacy between the qualifications/experience of the applicant and the nature of the job;
  2. Respect for labor and social law by the employer;
  3. Compliance with the rules of practice for regulated professions;
  4. The applicant’s employment conditions: permanent contracts are preferred to fixed-term contracts;
  5. The applicant’s salary, which must comply with French legislation (SMIC).

If the prefect accepts your request, you will receive an “employee” or “temporary worker” residence permit for a period of one year.

Key points to remember:

The exceptional admission to stay allows you to obtain a worker residence permit;

To obtain a residence permit through this procedure, the employer of the non-European foreigner must fill in form cerfa n°15186*01.

 

EXCEPTIONAL ADMISSION TO RESIDENCE: SPECIFIC SITUATIONS

The rules and conditions for exceptional admission to residence may vary depending on the situations in the following list:

  • If you are the parent of children attending school in France, you must have lived in France for 5 years at least. Your children must have been in school for at least 3 years;
  • If you are the spouse of a foreigner in an irregular situation, you must have lived in France for at least 5 years and lived with your spouse for 18 months or more;
  • If you have just turned 18, you must have lived in France since you were at least 16 and have a solid educational background.

 

Key points to remember:

  • Exceptional admission to residence may also concern certain specific situations: parents of children attending school in France, the spouse of a foreigner in an irregular situation or even individuals who have just reached their majority;
  • The conditions for granting a residence permit by exceptional admission to stay for these situations vary depending on the case.

 

To conclude, it is possible to apply for a residence permit through an exceptional admission procedure for residence. However, this procedure being highly regulated, it is necessary to respect the mandatory conditions to be regularized.

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