French Immigration Law

The CESEDA

French immigration law is codified in the Code of Entry and Residence of Foreign Nationals and the Right of Asylum (Code de l’entrée et du séjour des étrangers et du droit d’asile, CESEDA), which consolidates the legislative and regulatory provisions governing the admission, residence, and removal of foreign nationals in France. The CESEDA is divided into a legislative part (partie législative) and a regulatory part (partie réglementaire) and reflects the French administrative law tradition of comprehensive codification. The Code has been substantially amended by successive immigration laws, including the Law of 24 July 2006 on Immigration and Integration, the Law of 16 June 2011 on Immigration, Integration, and Nationality, the Law of 7 March 2016 on the Right of Foreigners in France, and the Law of 26 January 2024 for Controlling Immigration, Improving Integration.

Categories of Residence Permits

The CESEDA establishes a hierarchical system of residence permits. The short-stay visa (visa de court séjour) permits stays of up to 90 days within a 180-day period. The temporary residence permit (carte de séjour temporaire) is valid for one year and is renewable, issued for specific purposes including study (carte de séjour étudiant), employment (carte de séjour salarié or travailleur temporaire), or family life (carte de séjour vie privée et familiale). The long-stay visa (visa de long séjour) valid for three months to one year serves as a de facto residence permit and must be validated with the French Office for Immigration and Integration (OFII) within three months of arrival. The ten-year residence permit (carte de résident) is a renewable long-term permit that may be granted after five years of residence or immediately for certain categories including refugees and their family members.

The EU Blue Card and the Skills and Talents Permit

France has transposed the EU Blue Card Directive, offering a combined work and residence permit for highly qualified third-country nationals. Blue Card holders in France must hold a degree equivalent to at least a master’s level or a professional qualification of comparable value and have a job offer with a salary at least 1.5 times the average gross annual salary. The skills and talents permit (carte compétences et talents), created in 2006, is a three-year renewable residence permit for highly skilled workers, researchers, artists, and persons of economic or intellectual value to France. The permit holders, as well as their accompanying family members, are entitled to unrestricted access to the French labour market.

Family Reunification

Family reunification (regroupement familial) is governed by Articles L411-1 to L421-14 of the CESEDA. A third-country national residing lawfully in France for at least 18 months may request the admission of their spouse and minor children. The sponsor must demonstrate sufficient stable and adequate resources (at least the level of the minimum wage, the SMIC) and adequate accommodation meeting health and safety standards. The family reunification procedure requires the sponsor to apply to the OFII, which conducts an inspection of the accommodation. The family members receive a temporary residence permit upon arrival and may apply for a ten-year residence permit after five years. The Law of 26 January 2024 introduced stricter conditions, including a requirement for minimum knowledge of French before admission.

Naturalisation and Asylum

French nationality is acquired by naturalisation (décret de naturalisation) under Articles 21-14 to 21-27 of the Civil Code. The general requirement is five years of habitual residence in France (reduced to two years for persons who have completed two years of study or who have rendered exceptional service to France). The applicant must demonstrate assimilation into the French community, including sufficient knowledge of the French language (level B1 oral and written), knowledge of the rights and duties of French citizenship and the values of the Republic, and good character. The right of asylum under the CESEDA is administered by the French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA), with appeals heard by the National Court of Asylum (Cour nationale du droit d’asile, CNDA). The EU Dublin III Regulation determines the member state responsible for examining asylum applications. The obligation to leave French territory (obligation de quitter le territoire français, OQTF) is the primary expulsion measure issued by the prefect.