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Decree No. 2007-371 Of 21 March 2007 On The Right Of Residence In France Of The Citizens Of The European Union, Nationals Of Other States Party To The European Economic Area And The Swiss Confederation As Well As Members Of Leu...

Original Language Title: Décret n° 2007-371 du 21 mars 2007 relatif au droit de séjour en France des citoyens de l'Union européenne, des ressortissants des autres Etats parties à l'Espace économique européen et de la Confédération suisse ainsi que des membres de leu...

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Transposed Texts

Directive 2004 /38/EC of the European Parliament and of the Council on the right of citizens to The Union and members of their families to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/2 1/EEC, 68 /360/EEC, 72 /194/EEC, 73 /148/EEC, 75 /34/EEC, 75 /35/EEC, 90 /364/EEC, 90 /365/EEC and 93 /96/EEC (Text with EEA relevance)

Summary

Full transposition of Directive 2004-38 EC of the European Parliament and of the Council of 29-04-2004; application of Art. 23 of the 2006-911 Act.

Keywords

INTERIEUR , ETRANGER , FOREIGN NATIONAL , EUROPEAN UNION , UE , EUROPEAN ECONOMIC AREA , EEE , SWISS CONFEDERATION , THIRD COUNTRIES , CITIZEN , MAINTENANCE CONDITION , CONDITION OF STAY , SEJOUR CARD , DELIVANCE , RENEWAL , VALIDITE , REMOVING , ITRE DE SEJOUR , REQUIRED AGE , TEMPORARY STAY , CONTROLE , COMPETENT AUTHORITY , COMPLETE TRANSPOSITION , EUROPEAN DIRECTIVE


JORF No. 69 of 22 March 2007 Page 5210
Text N ° 2



Decree n ° 2007-371 of 21 March 2007 on the right of residence in France of citizens of the European Union, nationals of other States Parties to the European Economic Area and Confederation Swiss and family members

NOR: INTD0700061D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/3/21/INTD0700061D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/3/21/2007-371/jo/texte


The Prime Minister,
On the report of the Minister of State, Minister of Interior and Spatial Planning,
In view of the Treaty establishing the European Community, signed on 25 March 1957, in particular Articles 18, 39, 43, 46, 49 and 55;
Having regard to the Agreement on the European Economic Area signed on 2 May 1992;
Having regard to the Agreement between the European Community and its Member States, on the one hand, and The Swiss Confederation, on the other hand, on the free movement of persons, signed on 21 June 1999;
In view of the act annexed to the Treaty on the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus and the Republic of Cyprus Of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, signed on 16 April 2003, in particular its Article 24;
Having regard to the Protocol annexed to the Treaty on the Accession of the Republic of Bulgaria and Romania to the European Union, signed on 25 April 2005, in particular Article 20 thereof;
Having regard to Directive 2004 /38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and members of their families to move and reside freely within the territory of the Member States;
Given the code of entry and residence of aliens and the right of asylum, in particular the Title II of the book Ier;
Given the code of social action and families, in particular Article L. 262-2;
In view of the Penal Code, in particular Article R. 610-1;
In view of the Social Security Code, in particular Articles L. 321-1, L. 331-2 and L. 815-1;
Given the Labour Code, including article L. 341-2;
The Conseil d' Etat (section of the interior) heard,
Clipping:

Item 1 Read more about this Article ...


Chapter I of Title II of the book Ier of the Code of Entry and Residence of Foreigners and Asylum is replaced by the following:


" Chapter I



"Right to Stay



" Section 1



"Entering France


" Art. R. 121-1. -Any national referred to in the first paragraph of Article L. 121-1 with an identity card or a valid passport is allowed on French territory, provided that his presence does not constitute a threat to the order Public.
" Any member of his or her family referred to in Article L. 121-3, a national of a third State, shall be admitted to the territory of France provided that his presence does not constitute a threat to public order and that he is provided with, in the absence of a title In the course of validity, of a valid passport, of a visa or, if exempted, of a document establishing the family link. The consular authority shall issue to it free and as soon as possible the required visa on the grounds of his family
. Art. R. 121-2. -Nationals mentioned in the first paragraph of Article L. 121-1 and Article L. 121-3 who do not have the entry documents provided for in Article R. 121-1 shall be granted all reasonable means to obtain them in a Reasonable time or to have other means confirm or prove their status as beneficiaries of the right to move and reside freely in France, before proceeding with their refoulement.


" Section 2



"Stay of less than or equal to three months


" Art. R. 121-3. -As long as they do not become an unreasonable burden on the social assistance system, in particular sickness insurance and social assistance, the nationals mentioned in the first paragraph of Article L. 121-1 and the members of their families Referred to in Article L. 121-3 shall have the right to stay in France for a period of less than or equal to three months, without any other condition or formality than those laid down in Article R. 121-1 for the entry into French territory.


"Section 3



" Stay longer than three months


" Art. R. 121-4. -Nationals who fulfil the conditions referred to in Article L. 121-1 shall be equipped with one of the two documents provided for entry into French territory by Article R. 121-1.
" The health insurance referred to in Article L. 121-1 shall cover the benefits provided for in Articles L. 321-1 and L. 331-2 of the Social Security
. Where required, the sufficiency of resources shall be assessed taking into account the personal circumstances of the person concerned. In no case shall the amount charged exceed the amount of the minimum income for insertion referred to in Article L. 262-2 of the Code of Social Action and of families or, if the person concerned satisfies the conditions of age for obtaining it, the amount of the allowance Solidarity with the elderly referred to in Article L. 815-1 of the Social Security
. The burden on the social assistance system that may be established by the national referred to in Article L. 121-1 shall be assessed, inter alia Account of the amount of non-contributory social benefits granted to him, the duration of his difficulties and his stay
The nationals mentioned in the first paragraph of Article L. 121-1 entered in France to search for a Employment may not be remote for a reason based on the irregularity of their stay as long as they are able to prove that they continue to seek employment and have a real chance of being engaged.
" Art. R. 121-5. -An attestation, in accordance with the model laid down by the joint decree of the Minister of the Interior and of the Minister responsible for Social Affairs, shall be delivered immediately by the Mayor to nationals who submit to the obligation to register Article L. 121-2. This certificate does not establish a right to stay. Its possession may under no circumstances constitute a precondition for the exercise of any right or other administrative formality
The mayor shall communicate to the prefect and, in Paris, the prefect of the police copy of the certificates he has Issued.


"Section 4



" Right to stay


" Art. R. 121-6. -I.-Nationals mentioned in Article L. 121-1 retain their right to stay:
" 1 ° If they have been struck by temporary incapacity resulting from illness or accident;
" 2 ° If they are unemployed Duly registered after having been employed for more than one year and registered as an applicant for employment with the competent employment service;
" 3 ° If they undertake vocational training, to be in Link to previous professional activity unless involuntarily unemployed.
" II. -They retain their right of residence for six months:
" 1 ° If they are involuntarily unemployed at the end of their fixed-term contract of employment less than one year;
" 2 ° Unintentionally deprived of employment Within the first twelve months following the conclusion of their employment contract and shall be registered as an applicant for employment with the competent employment
. Art. R. 121-7. -Nationals mentioned in the 4 ° and 5 ° of Article L. 121-1, admitted to stay as a family member, shall retain their right to stay:
" 1 ° In the event of the death of the accompanying national or if he joins or if he leaves France ;
" 2 ° In the event of divorce or annulment of the marriage with the accompanied or joined
. For the acquisition of the right of permanent residence provided for in the first subparagraph of Article L. 122-1, they shall be entered as an individual in the Categories defined in Article L. 121-1.
" Art. R. 121-8. -Nationals of a third State referred to in Article L. 121-3, admitted to the residence as a family member, shall retain their right to stay
1 ° In the event of the death of the accompanied or joined national and provided that he has established Their residence in France as a member of his family for more than a year before that death;
" 2 ° In the event of divorce or annulment of the marriage with the accompanied or joined national:
" (a) Where the marriage lasted at least three years Before the commencement of the judicial proceedings for divorce or annulment, including at least one year in France;
" (b) When the custody of the children of the accompanied or joined is entrusted to them as a spouse, by agreement between the spouses or By court decision;
" (c) Where particularly difficult situations so require, especially when the community of life has been broken off at the initiative of the family member because of domestic violence;
" (d) Where The spouse shall be entitled, by agreement between the spouses or by a court decision, to a right of access to the minor child, provided that such right is exercised in France and for the duration necessary for the exercise
. For the acquisition of the right of residence In accordance with the second subparagraph of Article L. 122-1, they shall enter as an individual in one of the categories defined at 1 °, 2 °, 4 ° or 5 ° of Article L. 121-1.
" Art. R. 121-9. -In the event of the death of the accompanying national or if he joins or if he leaves France, the children and the member of the family who are in custody shall retain this right of residence until such children complete their schooling in an institution French secondary education.


"Section 5



" Issuance of residence permit



" Subsection 1



"General


" Art. R. 121-10. -Nationals mentioned in 1 ° of Article L. 121-1 who have established their habitual residence in France for less than five years are entitled to their application for a residence permit bearing the words " CE-all professional activities. The recognition of their right of residence shall not be subject to the detention of that title
This title shall be of a period of validity equivalent to that of the contract of employment subscribed or, for non-salaried workers, the duration of the activity Anticipated professional. Its validity may not exceed five years.
" Its grant is subject to the applicant's production of the following supporting documents:
" 1 ° A valid identity or passport;
" 2 ° Declaration of Commitment Employment or employment established by the employer, proof of employment or proof of self-employment.
" Art. R. 121-11. -Nationals mentioned in 2 ° of Article L. 121-1 who have established their habitual residence in France for less than five years are entitled to their application for a residence permit bearing the words " EC-non-active. The recognition of their right of residence shall not be subject to the detention of that title
This title lasts for a maximum of five years, determined on the basis of the sustainability of the resources for which it is justified.
" Its issuance Is subject to production by the requester of the following credentials:
" L ° A valid identity or passport;
" 2 ° A certificate of care by an insurance offering the benefits referred to in the Articles L. 321-1 and L. 331-2 of the Social Security Code;
" 3 ° The documents justifying sufficient resources for him and, where appropriate, for members of his family
Art. R. 121-12. -Nationals mentioned in 3 ° of Article L. 121-1 who have established their habitual residence in France for less than five years are entitled to their application for a residence permit bearing the words " EC-student. The recognition of the right of residence is not subject to the detention of this title
This title is of a maximum validity period of one renewable year.
" Its grant is subject to the production by the applicant of the supporting documents Following:
" 1 ° A valid identity or passport;
" 2 ° A proof of registration in an educational institution for the purpose of attending as a principal study or, in this context, vocational training ;
" 3 ° A certificate of care by an insurance offering the benefits referred to in Articles L. 321-1 and L. 331-2 of the Social Security Code;
" 4 ° A declaration or equivalent means ensuring that it has Sufficient resources for his or her family members.
" Art. R. 121-13. -The family members mentioned in the 4 ° and 5 ° of Article L. 121-1 who have established their habitual residence in France for less than five years are entitled to their application for a residence permit bearing the words " EC-family member-all Professional activities. The recognition of the right of residence is not subject to the detention of this title
They shall submit, in support of their application, one of the documents provided for in the first paragraph of Article R. 121-1, proof of their family relationship and of the The right to stay of the national they accompany or join.
" Where the national they accompany or join does not carry on a professional activity, they also justify the means available to them to ensure their Financial support and insurance offering the benefits referred to in Articles L. 321-1 and L. 331-2 of the Social Security
. They shall receive a residence permit of the same duration as that to which the national Mentioned in Article L. 121-1 that they accompany or join can claim within the five-year limit.
" Art. R. 121-14. -Family members who are nationals of a third State referred to in Article L. 121-3 shall submit, within two months of their entry into France, their application for a residence permit with the documents required for entry into the territory as well as the Evidence establishing their family connection and guaranteeing the right to stay with or joined by the accompanying national.
Where the national they accompany or join does not carry out any professional activity, they shall also justify To ensure their financial support and insurance offering the benefits referred to in Articles L. 321-1 and L. 331-2 of the Social Security Code.
" They shall receive a residence permit bearing the reference " EC-family member-all professional activities of the same duration as the one to which the national referred to in Article L. 121-1 they accompany or join can claim, within the five-year
. The validity of The residence permit shall not be affected by temporary absences not exceeding six months per year, nor by absences of a longer duration for the performance of military obligations or by an absence of twelve consecutive months for a period of Important reason, such as pregnancy, childbirth, serious illness, education, vocational training or secondment for business reasons in another Member State or a third country.
" The renewal of the title Stay must be requested within two months of its expiry date.
" Art. R. 121-15. -A receipt shall be given to any national requesting the grant or renewal of a residence
. The issue of the residence card to nationals of a third country shall be issued no later than six months after the Application.


"Subsection 2



" Special provisions applicable to nationals of Member States of the European Union subject to transitional measures and to members Of their families who are nationals of the same States or of third States
" Art. R. 121-16. -I.-Without prejudice to the provisions of the fifth paragraph of Article L. 121-2, nationals of the Member States of the European Union subject to transitional measures by their Treaty of Accession wishing to engage in a professional activity In France are required to apply for the issue of a residence permit and the authorisation of work provided for in Article L. 341-2 of the Labour Code for the exercise of
. Members of their families who are nationals of a State Member of the European Union subject to transitional measures or of a third State are also required to apply for the issue of a residence permit and the authorisation of work provided for in Article L. 341-2 of the Labour Code for the financial year An employee activity. However, the spouse or progeny of less than twenty-one years or dependants shall be exempt if the person they accompany or join has been admitted to the French labour market for a period equal to or greater than 12 months at the date of The accession of their state to the European Union or later.
" The residence permit for nationals referred to in the first subparagraph shall be issued in accordance with the conditions and for the duration provided for in Article R. 121-10. It shall, as the case may be, refer to "EC-all professional activities or" EC-all professional activities, except salaried
The residence card of the nationals referred to in the second subparagraph shall be issued under the conditions and for the Period provided for in R. 121-13 or Article R. 121-14 according to their nationality. It shall, as the case may be, refer to "EC-family member-all professional activities or" EC-member of the family of all professional activities, except salaried
. II. -Nationals of Member States of the European Union subject to transitional measures and members of their families who are nationals of these same States or nationals of a third State admitted to the French labour market for a period of time Or more than twelve months at the date of the accession of their country to the European Union or subsequently and who wish to continue to engage in an employed activity shall, upon the expiry of their residence permit, apply for a new title Without the need for a permit to work. "

Item 2 Read more about this Article ...


In Chapter II of Title II of the book I of the same code, are inserted Articles R. 122-1 to R. 122-5 thus written:
" Art. R. 122-1. -Nationals referred to in the first subparagraph of Article L. 122-1 may apply for the issuance of a residence permit for a period of validity of twenty years of full entitlement bearing the reference " EC-permanent residence-all activities Professional. The recognition of the right of residence is not subject to the detention of this title
By way of derogation from the first subparagraph, nationals of the Member States of the European Union subject to a transitional regime by their Treaty of Accession who have Acquired a right of permanent residence are required to apply for a residence permit if they wish to engage in a professional activity. They must also apply for work permits for the exercise of an employed activity if they have not been previously admitted to the French labour market for an uninterrupted period of twelve months or more. Their residence permit is marked "EC-permanent residence-all professional activities or" EC-permanent residence-all professional activities, except salaried.
" Art. R. 122-2. -Family members who are nationals of a third State mentioned in the second subparagraph of Article L. 122-1 apply for the issue of a residence card marked " EC-permanent residence-all professional activities within the period of two Months prior to the end of the uninterrupted period of five years of regular stay.
" This card, for a period of validity of ten years, must be issued within a maximum period of six months from the filing of the application. Its renewal must be requested within two months of its expiry
. The family members of a national of a Member State of the European Union subject to a transitional regime by the Treaty of Accession shall be required to To obtain a work permit for the exercise of an employment if they have not been previously admitted to the French labour market for an uninterrupted period of twelve months or more. By way of derogation from the first subparagraph, their residence permit shall be marked "EC-permanent residence-all professional activities or:" EC-permanent residence-all professional activities, except salaried
. Art. R. 122-3. -The continuity of residence necessary for the acquisition and maintenance of the right to permanent residence is not affected by:
" 1 ° Temporary absences not exceeding six months per year;
" 2 ° absences of a longer duration for Fulfilment of military obligations;
" 3 ° Absence of up to twelve consecutive months for an important reason, such as pregnancy, childbirth, serious illness, education, vocational training or secondment Abroad for business reasons.
" The continuity of the stay may be attested by any means of proof. It is interrupted by the execution of a removal order.
" Art. R. 122-4. -I.-The national referred to in Article L. 121-1 who ceases to be employed in the French territory shall acquire a right to permanent residence before the uninterrupted period of five years' stay laid down in Article L. 122-1:
" 1 ° When it reaches the age laid down in the laws or regulations in force in order to assert its rights to a retirement pension provided that it has carried out its professional activity during the last twelve years Months and have resided regularly for more than three years;
" 2. As a result of early retirement and provided that there has been a professional activity during the last twelve months and has regularly resided there for more than two years Three years;
" 3 ° As a result of permanent incapacity for work and on condition that they have been there on a regular basis continuously for more than two years;
" 4 ° As a result of permanent incapacity for work and without condition of duration Residence if that incapacity is the result of an accident at work or of a professional illness which opens the right for the person concerned to an annuity in charge of a social security organisation;
" 5 ° After three years of activity and residence Regular and continuous, to carry on a professional activity in another State mentioned in Article L. 121-1, provided that he keeps his residence in France and return at least once a week.
" The periods of activity thus Carried out in another State shall be regarded as exercised in France for the acquisition of the rights provided for in the 1 ° to 4 °.
" The conditions of residence and activity laid down in 1 °, 2 ° and 3 ° shall not apply if the worker's spouse is Of French nationality or lost that nationality following his marriage to that worker.
" II. -Are also regarded as periods of employment the periods of involuntary unemployment duly recognised by the competent employment service, the periods of interruption of activity independent of the will of the person concerned and the absence of work or The cause of illness or accident.
" Art. R. 122-5. -Regardless of their nationality, family members residing with the worker referred to in Article L. 121-1 shall acquire a right to permanent residence in French territory before the uninterrupted period of five years has elapsed Of a regular stay under Article L. 122-1:
" 1 ° If the worker himself enjoys the right to a permanent residence under Article R. 122-2;
" 2 ° If the worker dies while still carrying on an activity In France and that he has been staying on a regular and continuous basis for more than two years;
" 3 ° If the worker dies while still working in France as a result of an accident at work or Occupational disease;
" 4 ° If the spouse of the deceased worker has lost French nationality following his or her marriage to that worker. "

Item 3 Learn more about this Article ...


I. -In section 1 of Chapter II of Title I of Book V of the same code, an article R. 512-1-1 reads as follows:
" Art. R. 512-1-1. -The notification of the arrest orders at the border taken against the nationals referred to in Article L. 121-4 shall include the time limit for leaving the territory. Except as a matter of urgency, this period may not be less than one month. "
II. -In Chapter II of Title II of Book V of the Code, an Article R. 522-9 reads as follows: '
' Art. R. 522-9. -The notification of expulsion decisions taken against the nationals referred to in Article L. 121-4 shall include the time limit for leaving the territory. Except as a matter of urgency, this period may not be less than one month. "

Item 4 More about this Article ...


Chapter I of Title II of Book VI of the Code is replaced by the following:


"Chapter I



" Misunderstanding of obligations Citizens of the European Union, nationals of other States Parties to the Agreement on the European Economic Area, nationals of the Swiss Confederation and members of their families'
' Art. R. 621-1. -Nationals referred to in Article L. 121-1 who have failed to comply with the registration formalities laid down in Article L. 121-2 shall be punished by the penalty of fine for the fourth class
. Art. R. 621-2. -Family members who are nationals of a third State referred to in Article L. 121-3 who have failed to apply within the prescribed time limits for the issuance of the residence permit provided for in Article R. 121-14 shall be punished by the penalty of fine For fifth class tickets.
" Art. R. 621-3. -Family members who are nationals of a third State referred to in the second subparagraph of Article L. 122-1 who have failed to apply within the prescribed time limits for the issuance of the residence permit provided for in Article R. 122-2 shall be punished A fine for the fifth class ticketing. "

Item 5 Learn more about this Article ...


Decree No 94-211 of 11 March 1994 regulating the conditions of entry and residence in France of nationals of the Member States of the European Community who are beneficiaries of the free movement of persons Is repealed.

Item 6 Learn more about this Article ...


I. -The provisions of Article L. 121-2 relating to the obligation to register apply to nationals entered into France after the entry into force of the order laid down in Article R. 121-5.
II. -The residence permits issued to the family members referred to in Article L. 121-3 before the date of entry into force of this Decree shall remain valid until their expiry date.

Article 7 Read more about this article ...


The Minister of State, Minister for Home Affairs and Spatial Planning, the Minister for Foreign Affairs, the Minister for Employment, Social Cohesion and Housing, the custody of the seals, the Minister of Justice, and the Minister for Overseas Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, March 21, 2007.


Dominique de Villepin


By the Prime Minister:


The Minister of State,

Minister of the Interior

and Spatial Planning,

Nicolas Sarkozy

The Minister for Foreign Affairs,

Philippe Douste-Blazy

The Minister of Employment,

Social Cohesion and Accommodation,

Jean-Louis Borloo

The Seals Guard, Minister of Justice,

Pascal Clément

The Minister for Overseas,

François Baroin


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