As immigration lawyer, our law firm concentrates on French immigration and Visa law and has established experience in this field.
We assist foreigners in their steps to obtain a Visa and a residence permit, to change status, to challenge a decision denying the issuance of a residence permit with or without OQTF, with or without an IRTF (ban on returning to French territory).
Immigration law covers many aspects of the relevant regulations.
TABLE OF CONTENT
Professional immigration lawyer for Visa litigation
immigration lawyer for change of status
immigration lawyer for family reunion
immigration lawyer for talent passport
HIERARCHICAL APPEAL BEFORE THE CONSULATE TO OBTAIN A VISA ISSUANCE
APPEAL BEFORE THE VISA DENIAL APPEAL COMMISSION
APPEAL BEFORE THE ADMINISTRATIVE COURT
The aspects covering immigration in France are contained by what is more legally called the law of foreigners. The professional immigration lawyer must, in order to be able to advise and assist the foreigner using his services effectively, know many other aspects than those strictly related to immigration. It is not a question here of making a complete study of what covers the law of immigration, a very vast field, but to give some general indications.
- Professional immigration lawyer for Visa litigation
- Immigration lawyer for change of status
- Immigration lawyer for family reunion
- Immigration lawyer for talent passport
Professional immigration lawyer
A foreigner may need to call on a lawyer specializing in immigration in order to prepare for coming to France legally either as an employee or as a trader, entrepreneur or liberal profession.
Immigration lawyer change of status
The foreigner who is already on French territory, in a regular situation may wish to proceed with a change of status, either when his current status does not allow him to work as an employee or trader / entrepreneur or liberal profession , or because his personal and family situation has changed (marriage, birth of a child, etc.).
Immigration lawyer for family life reasons
Other foreigners with personal or family ties on French territory, who are themselves already on French territory or not, may wish to obtain their regularization, a residence permit.
Immigration lawyer for Talent Passport
As business attorneys we assist you in strategizing your plan for Visa application. We help you navigate the regularization to apply for a Talent Passport Visa that gives you the right to work and live in France along with your accompanying family members.
You have been refused a visa, long-stay visa or short-stay visa by a French Consulate and wish to contest it. Our law firm specializing in immigration law can help you, by putting its expertise and experience in the field at your service.
Appeals against a visa refusal must first be lodged with the Commission against decisions refusing entry visas to France, which sits in Nantes.
HIERARCHICAL APPEAL BEFORE THE CONSULATE TO OBTAIN A VISA
At the same time as the referral to the Commission, the foreigner may file a hierarchical appeal before the Ministry of Foreign Affairs or a non-contentious appeal to the Consulate to obtain the issuance of the visa.
However, neither the hierarchical appeal nor the non-contentious appeal against a refusal of visa has the effect of exempting the foreigner from seizing, at the same time, the Commission, However, neither the hierarchical appeal nor the non-contentious appeal against a refusal of visa has the effect of exempting the foreigner from seizing,
APPEAL BEFORE THE VISA REFUSAL APPEAL COMMISSION
Referral to the Commission is mandatory before any contentious appeal against a visa refusal (i.e. before going before the Administrative Court).
Appeals to the Commission – which must be substantiated and written in French – are filed within two months of notification of the visa refusal decision and are the only ones capable of maintaining the time limit for litigation .
Appeals to the Commission (which must be substantiated and written in French) are filed within two months of notification of the visa refusal decision. The exercise of this appeal retains, alone and exclusively, the time limit for contentious appeal until the intervention of the decision of the commission. It is important to attach supporting documents to the application. In particular, a copy of the letter of refusal of the visa application must be presented.
The commission must, to assess the situation of the visa applicant, place itself on the date on which it rules and not on that of the visa application; by not taking into account the new elements that have arisen since this last date, the commission is committing an error of law.
The filing of the appeal before the administrative courts must not exceed two months following the notification of rejection by the CRRV.
To sum up, appealing to the CRRV is an essential step in contesting a visa refusal. Without going through this procedure, it is impossible to consider more advanced steps.
The CRRV has two months to decide on the appeal from the date on which the appeal was registered. As such, it sends the applicant an acknowledgment of receipt confirming the registration of his appeal.
After the period of two months after the referral to the CRRV, you can consider that your preliminary appeal has been the subject of an implicit decision of rejection.
When the CRRV rejects the prior appeal, explicitly or implicitly, the applicant may submit an appeal to the Nantes Administrative Court for the annulment of the decision, within a period of two months following the notification of the explicit decision or, within the same period , following the birth of the implied decision of rejection.
APPEAL BEFORE THE ADMINISTRATIVE TRIBUNAL OF NANTES
If the Appeals Commission against decisions refusing entry visas to France does not grant the request of the person concerned, it is possible to appeal to the Administrative Court of Nantes (only competent). It is possible, in addition to the appeal on the merits, to seize the Administrative Tribunal by way of summary, that is to say in urgency. Depending on the case, it may be a summary release or a summary suspension.
The Administrative Court of Nantes is competent to deal with appeals against refusals by VISA (after rejection by the Appeals Commission against refusals by VISA) and against refusals of naturalization by decree (after rejection of the hierarchical appeal).
Time limit for appealing against a refusal of visa to seize the judge
In accordance with the relevant regulatory provisions ( C. just. adm., art. R. 421-5), the time limits for appeal are only opposable on the condition of having been mentioned, as well as the means of appeal, in the notification of the decision.
Jurisdiction of the Administrative Court of Nantes in the field of visas and of the Administrative Court of Appeal of Nantes in appeal.
Since April 1, 2010, the Administrative Court of Nantes – and no longer the Council of State (which previously had jurisdiction in first and last resort) – has jurisdiction to hear the legality of the decisions of the Appeals Committee
. in any case, in the event of a challenge to the decision rendered by the administrative court of Nantes, the applicant must seize the administrative court of appeal then, if he challenges the judgment rendered by the latter, the Council of State as as judge of cassation.
Referral (in emergency) to the administrative judge
Assessment of the condition of urgency and the existence of a serious doubt on the legality of the refusal to issue a visa. Regardless of the administrative referral concerned, the foreigner requesting the suspension of a visa refusal decision must establish the existence of an emergency situation.
Also the judge in chambers to suspend the execution of an administrative decision will check whether it is mentioned a means likely to create, in the state of the instruction, a serious doubt as to the legality of the decision. .
lawyer for undocumented migrants,
lawyer family reunification,
lawyer French nationality,
French nationality lawyer,
application for a residence permit,
lawyer application for a French residence,
salaried residence permit ,
private and family life residence permit,
lawyer appeal refusal of visa,
lawyer French nationality,
talent passport, refusal of stay,
appeal refusal of naturalization,
recruitment of labor foreigner,
foreign employee recruitment,
work for foreigners in France,
business creation in France by a foreigner,
lawyer specialized in foreigners’ rights.