Key Benefits:
The Prime Minister,
On the report of the Minister of the Interior,
In view of the Treaty on European Community, in particular Articles 186 and 187;
In view of Decision No. 2001 /822/EC of the Council of the European Union of 27 November 2001 on the association of the overseas countries and territories with the European Community;
In view of Organic Law No. 96-312 of 12 April 1996 on the Statute of Autonomy of Polynesia French, as amended by Organic Law No. 96-624 of 15 July 1996 and by Organic Law No. 2000-294 of 5 April 2000;
In view of the Penal Code;
In view of Act No. 96-313 of 12 April 1996 supplementing the autonomous status of French Polynesia;
In view of Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands;
In view of Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia, in particular Article 14;
Having regard to Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte;
Having regard to Decree No. 2001-633 of 17 July 2001 for the application of Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia;
In view of the opinion of the Government of French Polynesia on 18 September 2001;
Conseil d' Etat (section de Inside) heard,
Clipping:
Nationals of Member States of the European Community, over 18 years of age, engaged in self-employed economic activity or Holders of an employee's activity in French Polynesia, who wish to establish their habitual residence there, as well as the members of their families, are in possession of a residence permit.
The application for a residence permit must be made within two months of the applicant's entry into French Polynesia.
It shall be filed with the High Commissioner of the Republic or the Head of the The administrative subdivision of the applicant's place of residence. However, the High Commissioner may require that applications for residence cards be filed at the town hall of the applicant's place of residence.
The application for a residence permit shall be accompanied by:
1 ° indications relating to the civil status of The person concerned and, where appropriate, that of the members of his or her family;
2 ° Documents, referred to in Article 1, justifying that the person concerned has entered Polynesia on a regular basis;
3 ° of a medical certificate established under the conditions Fixed by a joint decree of the Minister responsible for health and the minister responsible for overseas;
4 ° 3 photographs of face, naked head, of format 3.5 x 4.5 cm, recent and perfectly similar;
5 ° Documents attesting that the Applicant regularly performs salaried or self-employed activity in French Polynesia.
The residence card is issued by the High Commissioner of the Republic. It shall bear the photograph of the holder.
The residence permit issued to a national of a Member State of the European Community who is employed or self-employed shall be marked " European Community " And the indication of the activity carried on by the person concerned. The residence permit issued to a member of the family of a national of a Member State of the European Community shall be marked " European Community-Family member ".
The residence card may also take the form of a sticker affixed to the person's passport.
The length of validity of the residence card issued to the persons mentioned in Article 2 shall be one year. It shall be extended to ten years for the third consecutive renewal.
However, nationals of the Member States of the European Community referred to in Article 2 shall receive a residence permit for a period of ten years when they Have been a French spouse for at least one year.
Persons mentioned in article 2 must leave French Polynesia at the expiration of the validity of their residence card, unless they are granted renewal.
The request for Renewal of the residence card shall be submitted within two months of the expiry of the period of validity of the residence permit.
The renewal of the residence card issued for a period of one year shall be subject to the presentation of the Coins mentioned at 1 °, 4 ° and 5 ° of Article 3. The ten-year residence card issued pursuant to Article 5 shall be renewed in full.
The persons mentioned in Article 2 who have signed an application for a residence card or for the renewal of a residence permit shall receive a receipt valid for leave to stay until it has been decided on Their request. The receipt may be issued by a reference to the person's passport.
The issue or renewal of the residence card may be refused to the persons mentioned in Article 2 only for reasons of public order.
The reasons for the decision of refusal shall be Knowledge of the person concerned.
The residence card issued to a person mentioned in article 2 who has left French Polynesia for a period of more than three consecutive years is out of date. This period may be extended if the person concerned so requests before departure from French Polynesia or during his stay abroad.
The residence card issued to a person referred to in Article 2 shall be withdrawn if the holder has Is the subject of a removal order or judicial decision to prohibit the territory.
Decisions on refusal of grant, refusal of renewal or withdrawal of the residence permit may be taken only after the opinion of the Territorial Committee on the right of residence provided for in Article 19 of the Order No. 2000-372 dated April 26, 2000.
Any person referred to in Article 1 who has entered French Polynesia without complying with the provisions of that article shall be liable to fines for the contravention of the 5th class.
Any person referred to in section 2 who, without a valid excuse, will have maintained in French Polynesia without requesting, within the time limits provided for in this Order, the issuance or renewal of the card Penalties for the violation of the fifth class.
Will punish the same penalties for any person to whom the above-mentioned residence permit has been refused or withdrawn and who Be maintained in French Polynesia beyond the time limit under Article 11.
The conditions of stay in French Polynesia of nationals of the Member States of the European Community other than those mentioned in Article 2 and members of the Their families are fixed by Order No. 2000-372 of 26 April 2000 and by the decree of 17 July 2001 mentioned above.
The Minister of Employment and Solidarity, the Minister of the Interior, the Minister for Foreign Affairs, the Associate Minister for Health and the Secretary of State for Overseas Affairs are responsible, each of whom Concerns, from the execution of this Decree, to be published in the Official Journal of the French Republic.
Done at Paris, 3 May 2002.
Lionel Jospin
By the Prime Minister:
The Minister of the Interior,
Daniel Vaillant
The Minister of Employment and Solidarity,
Elisabeth Guigou
The Minister of Business Foreign,
Hubert Vedrine
The Minister of Health,
Bernard Kouchner
The Secretary of State for Overseas,
Christian Paul