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Decree N ° 2002-561 April 17, 2002, Taken For The Purposes Of Title Vii Of The Ordinance No. 2000-372, April 26, 2000 And On Family Reunification Of Foreigners In French Polynesia

Original Language Title: Décret n° 2002-561 du 17 avril 2002 pris pour l'application du titre VII de l'ordonnance n° 2000-372 du 26 avril 2000 et relatif au regroupement familial des étrangers en Polynésie française

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Summary

Order 2000-372 provided In Title VII (Articles 42 to 44), a device on the family reunification of foreigners. The Constitutional Council in its decision of 13 August 1993 recognised the constitutional nature of the right to a normal family life, whose family reunion is a component. It was therefore inconceivable to carry out a fundamental reform of the law of foreigners in French Polynesia without introducing a family reunification scheme. This arrangement is an adaptation of the common law system established by Order 45-2658: a foreigner who is regularly staying in French Polynesia may benefit from his right to be joined by his or her spouse in respect of family reunion; Children of the 18-year-old couple. The abovementioned Ordinance of 2000, however, provided for adaptations to the common law system. The purpose of this Order is to transpose, with the necessary adaptations of Order in Council 99-566.

Keywords

INTERIEUR, OUTRE-MER, POLYNESIA FRANCAISE, FOREIGN , ADMISSION REQUIREMENT, RESIDENCE PERMIT, DELIVANCE, TEMPORARY LIVING CARD, RESIDENT CARD FAMILY REUNIFICATION, APPLICATION FOR FAMILY REUNIFICATION, VALIDITE, BENEFICIARY



JORF n ° 96 of April 24, 2002 page 7292
text n ° 20



Decree n ° 2002-561 of 17 April 2002 for the application of Title VII of Order No. 2000-372 dated 26 April 2000 concerning the family reunification of foreigners in French Polynesia

NOR: INTM0200008D ELI: Https://www.legifrance.gouv.fr/eli/decret/2002/4/17/INTM0200008D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/4/17/2002-561/jo/texte


The Prime Minister,
On the report of the Minister of the Interior,
Due to Organic Law No. 96-312 of 12 April 1996 on the Statute of Autonomy of French Polynesia, as amended by Organic Law No. 96-624 of 15 July 1996 and the Organic Law No. 2000-294 of 5 April 2000;
In view of Act No. 96-313 of 12 April 1996 supplementing the autonomy status of French Polynesia;
In light of Order No. 2000-372 of 26 April 2000 on entry and Residence of foreigners in French Polynesia, in particular Title VII;
Having regard to Decree No. 2001-633 of 17 July 2001 taken for the purposes of Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of aliens in French Polynesia;
Given the opinion of the Government of French Polynesia on December 21, 2001;
The Conseil d' Etat (section of the interior) heard,
Describes:

Article 1 Read more about this article ...


The residence permit required for a foreign national to make a request for family reunification in French Polynesia is either a Temporary residence card of one year's validity, either a resident card or a renewal application voucher for one of these securities.

Item 2 Learn More On this Article ...


The regular stay of at least two years provided for in the I of Article 44 of the Order of 26 April 2000 shall have been carried out under the cover of the titles referred to in Article 1 of this Decree or of the Documents:
1 ° Temporary residence card with a validity period of less than one year;
2 ° Temporary residence permit;
3 ° Receipt of residence permit application or request for renewal of residence permit;
4 ° Receipt of a claim for refugee status or application for asylum.

Article 3 Learn more about this Article ...


Application for family reunion includes a list of all family members designated in the first paragraph of I of section 44 of the order of April 26, 2000.
Age of children who may Enjoy family reunification on the date of filing of the application.

Article 4 More about this Article ...


In the case where the requested grouping is only partial, the application shall also include:
1 ° The statement of reasons, including the health or education of the child (s) or the housing conditions of The family, which justify, in the interest of the child (s), that family reunion is not requested for the whole family;
2 ° The list of family members for whom family reunification is Requested.

Item 5 Learn more about this Article ...


Application for family reunion is made on a printout whose model is established by order of the High Commissioner of the Republic.
It includes the applicant's commitment to allow the designated officers By the High Commissioner, the entry into the accommodation provided to house the family for the purpose of verifying housing conditions or, if the accommodation is not yet available, to put them in a position to carry out this verification on parts.

Item 6 Read more about this Article ...


I. -In support of its request for consolidation, the foreign national presents the originals of the following documents:
1 ° The supporting documents for the civil status of the members of the family: the act of marriage and the birth of the children of the Couple with the establishment of the filiation link;
2 ° The residence permit under the cover of which the alien resides in French Polynesia or the receipt of the request for renewal of the residence permit;
3 ° The supporting documents Referred to in Article 8;
4 ° The documents relating to the accommodation provided for the reception of the family such as: title of ownership, rental lease, promise of sale, or any other document to establish that the applicant will have one Housing on the date it specifies. These documents must indicate the characteristics of the accommodation in relation to the conditions set out in section 9 and the date on which the accommodation will be
. -In addition to these parts, should be produced, where appropriate:
1 ° When it is an adopted child, the adoption decision, subject to the subsequent verification by the public prosecutor of the Republic of its regularity when it has been Pronounced abroad;
2 ° Where family reunion is requested for children whose parents have died or have been deprived of their parental rights, the act of death or the decision of revocation;
3 ° Where family reunion is For an 18-year-old minor child of the applicant or his or her spouse, who has been entrusted to it in the exercise of parental authority by decision of a foreign court, this decision, together with the consent of the other parent to the Coming to French Polynesia of this 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 allows polygamy, a declaration on The honour of the applicant certifying that the family reunion will not create a situation of polygamy in the territory of the
. -All documents and documents must be accompanied, if necessary, by their translation into French by a translator certified near a court of appeal.
In the light of the complete file, it shall be issued without delay. File, which runs the six-month period provided for in the second paragraph of II of Article 44 of the order of 26 April 2000.
The diplomatic or consular authority in the electoral district of which the applicant's family resides Is immediately informed of the filing of the application by the service that received the application.

Item 7 Read more about this Article ...


The foreign national submits his request personally to the services of the High Commissioner.
These services check whether the conditions of resources and housing defined, respectively, to the articles 8 and 9 are completed.

Item 8 Learn more about this Article ...


The applicant's resources are valued by reference to the average minimum wage provided for by the local regulations over a period of twelve months; when the average is not reached, a Favourable decision may be taken taking into account changes in the situation of the person concerned with regard to the stability of his employment and his income, including after the filing of the application
In the assessment of the resources referred to in the first subparagraph, which will provide a stable basis for the family budget.
The employed person shall produce his employment contract, whatever the nature, or, failing that, an attestation of activity His employer. It shall attach the pay bulletins relating to the twelve-month period preceding the filing of its application, which it is able to produce.
The High Commissioner may, as appropriate, seize the relevant services of a request for an inquiry into Employment that provides the applicant with all or part of the resources reported.
Non-salary income is determined by all means.

Article 9 Read more about this Article ...


The family unit shall:
1 ° Present an overall habitable area at least equal to 14 square metres for a household without children or two persons, increased by 6.5 square metres by Person up to eight persons and 5 square metres per additional person exceeding eight persons;
2 ° Respond to the other minimum conditions of comfort and habitability provided for in the regulations applicable in French Polynesia en
the applicant does not yet have the accommodation at the time of application, the verification shall be carried out in the light of the documents drawn up and signed by the owner or seller and the applicant mentioning the date of the Availability, as well as the area and all of the characteristics to assess the comfort and habitability of the dwelling according to the above conditions.

Article 10 Read more about this article ...


After the verification of the conditions of resources and housing, and after consulting the committee provided for under Article 32 of the Organic Law of 12 April 1996 In
event that the applicant was, at the time of the application, the holder of a receipt for the renewal of a residence permit, the High Commissioner shall verify that the residence permit has been issued before taking his Decision.
The decision on the application for family reunion is notified by the High Commissioner to the applicant.
The absence of a decision within six months of the date of issue of the attestation of filing of the case is valid. Rejection of the application for family reunion.
Where a decision of refusal is based on the non-conformity of the dwelling to the standards of area, comfort and habitability, or by the non-probative nature of the evidence of the Availability of accommodation at the arrival of the family, the applicant who submits, within six months of the notification of the refusal, a new application shall then be exempted from the production of the parts referred to in 1 °, 2 ° and 3 ° of the I of Article 6 and To II of the same article.

Article 11
The High Commissioner shall inform the mayor of the municipality where the family of the applicant must reside and the diplomatic or consular authority of the electoral district in which it resides in its decision and of the date on Which it was notified to the applicant.

Article 12
Medical supervision of family members for whom family reunion is sought is carried out under the conditions laid down in Article 20 of the Decree of 17 July 2001

Item 13 Read more about this Article ...


The High Commissioner implements the procedure for the introduction of the families of foreigners in French Polynesia or, exceptionally, the procedure for admission to residence from the territory.

Article 14 More about this Article ...


To be admitted to French Polynesia, members of the family of the foreign national must be in possession of the entry visa issued by the diplomatic and consular authority upon receipt of the decision of the High Commissioner.
The request for a visa must be made within a period of not more than six months from the date of notification to the applicant of the High Commissioner's decision. The entry of the family into French Polynesia must take place within a period of not more than four months from the date of issue of the visa. At the end of that period, the authorisation for family reunion is deemed to have lapsed.

Article 15 Learn more about this Article ...


In the case of a foreigner who lives regularly in French Polynesia under the conditions laid down in Articles 1 and 2 marriage to a person of foreign nationality who is lawfully entitled to Stay in the territory under the cover of a temporary residence permit for a period of one year, the benefit of the right to family reunion is granted without recourse to the introduction procedure. The spouse and, where applicable, children under 18 years of age residing in French Polynesia may be entitled to the benefit of the spouse, unless one of the grounds for refusal or exclusion referred to in 1 ° and 2 ° of the I of Article 44 of the Ordinance of 26 April 2000 is against them.

Article 16 Read more about this Article ...


The issue of residence permits and, in the case of minor children, admission to French Polynesia in respect of family reunion is subject to the production of the certificate of medical control issued Under the conditions laid down in Article 12.
The residence permit issued to members of the family authorised to reside in French Polynesia in respect of family reunion is, pursuant to Article 44 of the order of 26 April 2000, under Article 44 Either the resident card or the temporary residence card for a period of one year depending on whether the foreign national whom they have come to join is the holder of either of those titles.
The temporary residence card shall be marked : " Private and family life " ; it allows any professional activity to be carried out in accordance with local laws and regulations.

Article 17 Learn more about this Article ...


The Minister of the Interior, the Minister for Foreign Affairs and the Secretary of State for Overseas Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal From the French Republic.


Done at Paris, April 17, 2002.


Lionel Jospin


By the Prime Minister:


Le Minister of the Interior,

Daniel Vaillant

The Minister of Foreign Affairs,

Hubert Vedrine

The Secretary of State for Overseas,

Christian Paul


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