Key Benefits:
Prime Minister,
On the report of the Minister of the Interior, Internal Security and Local Freedoms, Minister of Employment, Labour And social cohesion and the Minister for Foreign Affairs,
Given the Labour Code, in particular Article L. 341-9;
Given the code of entry and residence of aliens and the right of asylum, in particular Article L. 441-1;
Given the law n ° 89-462 of 6 July 1989 amended to improve the rental reports and amending Act No. 86-1290 of 23 December 1986, in particular Articles 2 and 6 in their drafting pursuant to Article 187 of the Law of 13 December 2000 on Solidarity and urban renewal;
In view of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations, in particular Article 21;
The Council of State (social section) Heard,
Clipping:
The residence permit for a foreign national to apply for family reunion is either a temporary residence card, a validity period of at least one year, or a card Application for the renewal of one of these securities.
The regular stay in France of at least one year mentioned in Article L. 411-1 of the code of entry and residence of aliens and the right of asylum must have been carried out under cover of the titles mentioned in the article. 1 of this Decree or of the following documents:
1 ° Temporary residence card with a validity of less than one year;
2 ° Provisional authorisation of residence;
3 ° Receipt of residence or renewal application Of residence permit;
4 ° asylum receipt.
The application for family reunification includes a list of all members of the family referred to in Articles L. 411-1 to L. 411-3 of the code of entry and residence of aliens and the right of asylum
Children eligible for family reunion is assessed on the date of filing of the application.
In the case where the requested grouping is only partial, the application also includes:
1 ° The statement of reasons, including the health or education of the child (s) or the housing conditions The family, in the interest of the child or children, that family reunion is not required for the family as a whole;
2 ° The list of family members for whom family reunion is Requested.
The application for family reunification is made on a printout, the model of which is established by the joint decision of the Minister responsible for integration and the Minister of the
. Applicant:
1 ° To enable services officers in the commune where the family, social affairs or housing affairs, specially empowered to do so, and to the agents of the National Agency for the Reception of Foreigners and The entry into the accommodation provided for the family for the purpose of verifying the housing conditions or, if the accommodation is not yet available, to put the mayor of the municipality in a position to carry out this check on Coins;
2 ° To pay to the National Agency for the Reception of Foreigners and Migration the flat-rate fee referred to in Article 16;
3 ° To participate, as well as his family, to information meetings and reception meetings Organized by the Agence nationale de l' accueil des étrangers et des migrations et les services sociaux specializing to facilitate the installation and integration of the family.
In support of its request for consolidation, the foreign national presents the full copies of the following documents:
1 ° The supporting documents for the civil status of the Family members: the marriage certificate and the acts of birth of the applicant, his spouse and the children of the couple with the establishment of the relationship of filiation;
2 ° The residence permit under which the alien resides in France, or the receipt of a request for renewal of the residence permit;
3 ° Proof of the applicant's resources and, where applicable, his spouse, such as the contract of employment of which he is the holder or, failing that, an attestation Of his employer, the pay bulletins relating to the twelve-month period preceding the filing of his application, as well as the last notice of taxation on income in his possession, provided that his period of presence in France allows him to Produce such a document, and its last tax return. The proof of non-salary income is determined by all means;
4 ° The documents relating to the accommodation provided for the reception of the family such as: title of property, lease of rental, promise of sale or any other document of a nature to be established The applicant will have accommodation on the date specified by the applicant. These documents shall indicate the characteristics of the accommodation in relation to the conditions laid down in Article 9 and the date on which the accommodation will be available. Where the applicant already occupies the dwelling, he shall attach a proof of residence of less than three months.
In addition to these parts, the following shall be produced, where appropriate:
1 ° Where the child is adopted, the adoption decision, subject to The subsequent verification by the prosecutor of the Republic of the lawfulness of the latter when it was pronounced abroad;
2 ° Where family reunion is requested for children whose parents have died or have been Withdraw parental authority, death certificate or withdrawal decision;
3 ° Where family reunion is requested for an 18-year-old minor of the applicant or his/her spouse, who has been entrusted with the exercise of Parental authority by decision of a foreign court, this decision, accompanied by the consent of the other parent to the coming into France of that child in the forms provided for by the legislation of the country of residence;
4 ° Where the application Concerns the spouse of a foreigner who is a national of a State whose law permits polygamy, the divorce proceedings of the applicant or of his spouse, where applicable, and a declaration on the honour of the applicant certifying that the Family will not create a situation of polygamy on French territory.
All documents and documents must be accompanied, where appropriate, by a translator certified near a court In
light of the complete file, it shall be issued without delay an attestation of filing of file which runs the six-month period laid down in Article L. 421-4 of the code of entry and residence of aliens and the right of asylum
Diplomatic or consular services in the constituency of which the applicant's family resides is immediately informed of the filing of the application by the service which has received the application and is without delay the verification of foreign civil status acts That are requested.
The foreign national submits his request personally in the department of the place of residence provided for the reception of the family to the service of the State designated by the prefect. In some departments, the reception of requests is entrusted to the services of the National Agency for the Reception of Foreigners and Migration by a joint decree of the Minister responsible for Integration and the Minister of the Interior. In this case, the prefect territorially competent or, in Paris, the prefect of police shall be immediately informed of the filing of the application.
After verification of the documents in the file and issue to the person concerned of the certificate of filing of his application, the Service referred to in the preceding paragraph shall, with the request for a notice of receipt, transmit a copy of the file to the mayor of the municipality of residence of the alien or to the mayor of the municipality where the alien intends to settle.
The mayor has a period of two months from the receipt of the file to check whether the conditions of resources and housing mentioned in Article L. 411-5 of the code of entry and residence of the
Mayor shall examine the supporting documents referred to in the fourth paragraph of Article 6 of this Decree for the verification of the conditions of resources. The applicant's level of resources is appreciated by reference to the average minimum wage for growth over a twelve-month period. When this condition is met, the resources are considered sufficient.
The resources of the spouse are also taken into account in the assessment of the resources that will provide a stable budget for the family.
The The Mayor and the National Agency for the Reception of Foreigners and Migration may, as appropriate, enter the departmental directorate for labour, employment and the competent vocational training of a request for an inquiry into the employment which Provides the applicant with all or part of the resources it reports.
The home to which the family will have must:
1 ° Present an overall living area of at least 16 m² for a household without children or two persons, increased by 9 m² per person up to eight Persons and 5 sqm per additional person exceeding eight persons;
2 ° Respond to the other minimum conditions of comfort and habitability laid down pursuant to Articles 2 and 6 of the Act of 6 July 1989 referred to above in their Article 187 of the Law of 13 December 2000 on solidarity and urban renewal.
To carry out the verification of housing conditions, the Mayor shall examine the supporting documents referred to in the fifth Paragraph 6 of this Decree.
Agents specially authorised for the services of the municipality responsible for social affairs or housing or, at the request of the mayor, agents of the National Agency for the Reception of Foreigners and Migration may visit the dwelling to check whether it meets the minimum conditions of comfort and habitability. They must first ensure the written consent of the occupant. In the event of a refusal by the occupant, the accommodation conditions are deemed not to be met.
The on-site audit of the housing conditions results in the establishment of a record, the model of which is established by the Minister's joint order. Integration and the Minister of the Interior.
Where the applicant does not yet have the accommodation at the time of application, the verification shall be carried out in the light of documents drawn up and signed by the owner or seller and the applicant Mentioning the date of availability, as well as the area and all the characteristics allowing to assess the comfort and habitability of the dwelling according to the conditions mentioned above.
After the checks on resources and housing, the mayor of the commune where the family must reside transmits to the National Agency for the Reception of Foreigners and Migration the case accompanied by the The results of these audits and its reasoned opinion. In the absence of a reply from the Mayor on the expiry of the two-month period laid down in Article L. 421-3 of the code of entry and residence of aliens and the right of asylum, this opinion shall be deemed to be
. Or, in the absence of an opinion, on the expiry of the period referred to in the preceding paragraph, the National Agency for the Reception of Foreigners and Migration:
1 ° Verifies, where appropriate, the fulfilment of the conditions of resources and housing prescribed in the Articles 8 and 9 of this Order;
2 ° Proceed, if necessary, to a further investigation and, if it has not already been seized by the mayor, to on-the-spot checks;
3 ° Forward the file to the prefect for decision.
If the applicant Was, at the time of the application, the holder of a receipt for the renewal of a residence permit, the prefect verifies that the residence permit has been issued before making its decision.
The prefect shall rule on the application for family reunification in the Period of six months provided for in Article L. 421-4 of the code of entry and residence of aliens and the right of asylum. The absence of a decision within that period shall constitute a rejection of the application for family reunion.
The decision on the application for family reunification shall be notified by the prefect to the applicant.
Where a decision of refusal is substantiated by the Non-conformity of accommodation to the standards of area, comfort and habitability, or by the non-probative character of the documents attesting to the availability of the accommodation upon arrival of the family, the applicant who submits, within six months Following the notification of refusal, a new application shall be exempted from the production of the documents referred to in the second to fourth paragraphs, and to the seventh to tenth paragraphs of Article 6 of this Decree.
The National Agency for the Reception of Foreigners and Migration is responsible for the implementation of the introduction procedure in France or, exceptionally, the procedure for admission to stay in France. From the national territory of the families of aliens under the conditions laid down in Article 15. It is also responsible for their reception under the responsibility of the prefect.
By way of derogation from the provisions of Article L. 411-6 of the code of entry and residence of aliens and the right of asylum, the benefit of family reunion may not be denied to one or more members of the The family residing in French territory in the case where the alien who lives regularly in France under the conditions laid down in Articles 1 and 2 of this Decree contracts marriage with a person of foreign nationality on a regular basis Authorised to stay in the national territory under the cover of a temporary residence permit with a validity period of one year. The benefit of the right to family reunion is then granted without recourse to the introduction procedure. The spouse and, where applicable, children less than 18 years of age residing in France may be entitled to the benefit, unless one of the grounds for refusal or exclusion mentioned in the 1 ° and 2 ° of Article L. 411-5 of the same code is against them.
The issue of the authorisation for family reunion gives rise to the payment to the National Agency for the Reception of Foreigners and Migration by the applicant of a fee for services rendered in respect of Article 13, the amount of which shall be fixed by joint order of the Minister responsible for integration and the Minister responsible for the budget.
The issue of residence permits and, in the case of minor children, admission to France in respect of family reunion is subject to the production of the certificate of medical supervision issued by the Agency National de l' accueil des étrangers et des migrations.
The residence permit issued to family members authorised to reside in France under family reunification is, in accordance with Article L. 431-1 of the entry and residence code Of aliens and the right of asylum, the temporary residence permit for a period of one year as soon as they are required to hold a residence permit.
The temporary residence card is marked " Private and family life " ; it allows the exercise Any professional activity in the context of the regulations in force.
Minister of Interior, Internal Security and Local Freedoms, Minister of Employment, Labour and Social Cohesion, Minister of Solidarity, Health and Family Affairs, Minister Foreign affairs, the Minister for the Economy, Finance and Industry and the Minister for Overseas Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Gazette of the Republic French.
Done at Paris, March 17, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Employment, of the
job and social cohesion,
Jean-Louis Borloo
The Minister of the Interior,
of internal security
and local freedoms,
Dominique de Villepin
The Minister of Solidarities,
de la santé et de la famille,
Philippe Douste-Blazy
The Minister of Foreign Affairs,
Michel Barnier
Minister of the Economy,
Finance and Industry,
Thierry Breton
The Minister for Overseas Affairs,
Brigitte Girardin
