Decree No. 2010 - 1434 Of November 19, 2010, Concerning The Entry And Residence Of Citizens Of The European Union Referred To In Article 14 Of The Ordinance No. 2000-372 Dated April 26, 2000 And Members Of Their Families In French Polynesia French

Original Language Title: Décret n° 2010-1434 du 19 novembre 2010 relatif à l'entrée et au séjour des citoyens de l'Union européenne mentionnés à l'article 14 de l'ordonnance n° 2000-372 du 26 avril 2000 et des membres de leur famille en Polynésie française

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Summary repeal of Decree No. 2002-820.
Keywords overseas, community territorial, French Polynesia, foreign, European UNION, European citizen, European citizenship, admissions CONDITION, CONDITION of entry, freedom of movement of persons, national foreign, European Community, map of stay, title of stay, map for a temporary stay, issuance, renewal, validity, beneficiary JORF n ° 0270 November 21, 2010 page 20876 text no. 18 Decree No. 2010-1434 of November 19, 2010, relative to the entry and residence of citizens of the Union European mentioned in article 14 of the Ordinance No. 2000-372, April 26 2000 and the members of their family in French Polynesia NOR: OMEO1012477D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/11/19/OMEO1012477D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2010/11/19/2010-1434/jo/texte Prime Minister, on the report of the Minister of the Interior, of the overseas territorial collectivities and immigration, having regard to the Treaty on the functioning of the European Union including article 355 thereof;
Pursuant to law organic n ° 2004-192 of February 27, 2004, on the Statute of autonomy of French Polynesia, including its articles 13 and 14;
Given order No. 2000-372, April 26, 2000, particular articles 14 and 14-1, in their writing from Ordinance No. 2007-98 of January 25, 2007;
Having regard to the opinion of the Government of French Polynesia dated March 4, 2010;
The Council of State (Interior Division) heard, enacts as follows: title I:: right of residence, chapter I: entry in Polynesia French Article 1 more on this article...

Any citizen of the European Union with an identity card or a valid passport is accepted in French Polynesia, provided that its presence does not constitute a threat to public order.
Any member of his family mentioned in III of section 14 of the Ordinance of 26 April 2000 referred to above, a national of a third State, is accepted in French Polynesia provided that its presence is not a threat to public order and that it is provided, the absence of valid residence title, a valid passport, a visa or If it is provided, a document establishing his family ties. The consular authority issue free of charge and as soon as the visa required proof of the family relationship.


Article 2 more on this article...

Is granted to nationals referred to in the first paragraph of the I and III of article 14 of the Ordinance of 26 April 2000 referred to above which are not documents of entry provided for in article 1 all reasonable means to obtain them within a reasonable time or to confirm or demonstrate by other means the quality of beneficiaries of the right to circulate and reside freely in French Polynesia prior to their discharge.

Chapter II: Stay of one duration lower or equal to three months Article 3 read more on this article...

So that they become not an unreasonable burden for the applicable social assistance plan locally, the citizens of the European Union, as well as members of their families referred to in III of section 14 of the Ordinance of 26 April 2000 referred to above, have the right to stay in French Polynesia for a shorter or equal to three months without another condition or formality than those laid down in article 1 of this Decree for their entry in French Polynesia.

Chapter III: Stay of a duration superior to three months Article 4 read more on this article...

For stays of longer than three months, nationals who fulfil the conditions referred to in article 14 of the order of 26 April 2000 above I must have one of the documents provided for the entry in French Polynesia by article 1 of this Decree.
The insurance referred to in article 14 of the above-mentioned Ordinance of 26 April 2000 I must cover the sickness and maternity insurance benefits.
Where it is required, the adequacy of resources is appreciated taking into account the personal situation of the person concerned.
The burden on the social assistance scheme applicable locally that can constitute the national is assessed by taking into account the amount of non-contributory social benefits that were granted, the duration of its difficulties and its stay.
Citizens of the Union European entered in French Polynesia to seek employment there may only be removed for cause from the irregularity of their stay as long as they are able to demonstrate that they continue to look for a job and they have a real to be engaged chance.


Article 5 read more on this article...

A certificate conforming to the model laid down by joint order of the Minister responsible for immigration and the Minister in charge of the overseas, is delivered immediately by the Mayor to nationals who submit to the registration requirement laid down in article 14 of the above-mentioned Ordinance of 26 April 2000 II.
This certificate does not establish a right of residence. His possession cannot constitute a condition precedent to the exercise of a right or the completion of an administrative formality.
The Mayor communicates to the High Commissioner the copy of the certificates it has issued.

Chapter IV: Maintenance of Law Article 6 in stay more on this article...

I. ― the nationals referred to in 1 ° of article 14 of the above-mentioned Ordinance of 26 April 2000 I retain their right of residence: 1 ° if they have suffered a temporary incapacity for work resulting from an illness or accident;
2 ° if they are in involuntary unemployment duly found after having been used for more than one year and got themselves register as seeking work with the competent employment locally; service
3 ° if they undertake vocational training, to be linked to the earlier, unless they have been involuntarily unemployed professional activity.
II. ― they retain their right to stay for six months: 1 ° if they are in involuntary unemployment duly noted at the end of their contract of less than one year term work;
2 ° if they are involuntarily deprived of employment in the first twelve months following the conclusion of their contract of employment and are registered as a job-seeker with the relevant employment service locally.


Article 7 read more on this article...

Nationals mentioned in the 4 ° and 5 ° of the I of article 14 of the above-mentioned Ordinance of 26 April 2000, admitted to stay in their capacity of Member of family, retain their right of residence: 1 ° in case of death of the accompanied or joined nationals or if it leaves the French Polynesia;
2 ° in case of divorce or annulment of the marriage with the national accompanied or joined.
For the acquisition of the permanent right of residence provided in the first paragraph I of article 14-1 of the above-mentioned Ordinance of 26 April 2000, they must enter individually in one of the categories defined in article 14 of the same Ordinance.


Article 8 more on this article...

The nationals of a third State mentioned in III of section 14 of the Ordinance of 26 April 2000, above, admitted to stay in their capacity of Member of family, retain their right of residence: 1 ° in case of death of the national accompanied or joined provided they have established their residence in Polynesia French as a member of his family for more than a year before his death.
2 ° in case of divorce or annulment of the marriage with the national accompanied or joined: has) when the marriage lasted at least three years before the start of the French judicial proceedings of divorce or annulment, including at least one year in French Polynesia;
(b) where the children of national accompanied or joined their custody as spouse, by agreement between the spouses or by judicial decision;
(c) when especially difficult circumstances so require, especially when the community's life has been broken at the initiative of the Member of family due to violence suffered;
(d) where the spouse benefits, by agreement between the spouses or by court, a right of access to the minor child, provided that this right is exercised in French Polynesia and for the duration necessary to the exercise thereof.
For the acquisition of the permanent right of residence provided in the second paragraph I of article 14-1 of the above-mentioned Ordinance of 26 April 2000, they must enter individually in one of the categories defined in 1 °, 2 °, 4 ° or 5 ° of the I of article 14 of the same Ordinance.


Article 9 read more on this article...

In case of death of the accompanied by national or joined or if it leaves the French Polynesia, children and the family member who has custody retain this right of residence until these children complete their education in a french secondary school.

Chapter V: Provisions relating to the residence permit SECTION 1: General provisions Article 10 more on this article...

Nationals referred to in 1 ° of I of section 14 of the Ordinance of 26 April 2000 referred to above which have established their residence in Polynesia French less than five years are to their application for a residence permit with the heading: "this. "― All professional activities. The recognition of their right of residence is not subject to the detention of this title.

This title is a period of validity equivalent to that of the contract subscribed in accordance with local regulations or for self-employed workers, the duration of planned professional activity. Its period of validity may not exceed five years.
Its issuance shall be subject to the production by the applicant of a document of identity or passport as well as: 1 ° for salaried workers, a work in progress of validity where required by local regulations or, in other cases, an attestation of employment;
2 ° for self-employed workers, proof of enrolment in the social protection regime that is applicable to them.


Article 11 read more on this article...

Nationals referred to in the 2nd I of section 14 of the Ordinance of 26 April 2000 referred to above which have established their residence in Polynesia French less than five years are to their application for a residence permit with the heading: "this. ― Non-active. The recognition of their right of residence is not subject to the detention of this title.
This title is a period of validity of up to five years, as determined on the basis of the sustainability of the resources is warranted.
Its issuance is subject to the production by the applicant of the following evidence: 1 ° a title of identity or a valid passport;
2 ° a certificate of support by an insurance covering benefits sickness and maternity;
3 ° documents justifying resources for him and, where appropriate, for members of his family.


Article 12 read more on this article...

Nationals referred to in the 3rd I of section 14 of the Ordinance of 26 April 2000 referred to above which have established their residence in Polynesia French less than five years are to their application for a residence permit with the heading: "this. ― Student. The recognition of their right of residence is not subject to the detention of this title.
This title is with a maximum validity of one year renewable.
Its issuance is subject to the production by the applicant of the following evidence: 1 ° a title of identity or a valid passport;
2 ° proof of his enrollment in an educational institution to follow principal studies or, in this context, vocational training;
3 ° a certificate of support by an insurance covering benefits sickness and maternity;
4 ° a declaration or other equivalent means ensuring that it has sufficient resources for him and, where appropriate, for members of his family.


Article 13 read more on this article...

Members of family mentioned in the 4 ° and 5 ° of I of section 14 of the Ordinance of 26 April 2000 referred to above which have established their residence in Polynesia French less than five years are to their application for a residence permit with the heading: "this. ― Member of family. "― All professional activities. The recognition of their right of residence is not subject to the detention of this title.
In support of their request, they have one of the documents provided for in the first subparagraph of article 1, proof of their family relationship with the citizen they are accompanying or joining as well as proof of the right of residence of the latter.
When the citizen they are accompanying or joining does not work, they justify the means available to it to ensure their financial support and insurance covering sickness and maternity benefits.
They receive a residence permit of the same duration of validity than that to which the national I of article 14 of the order of 26 April 2000 referred to above they are accompanying or joining mentioned in can claim within the limit of five years.


Article 14 read more on this article...

Family members of a third State nationals mentioned in III of article 14 of the above-mentioned Ordinance of 26 April 2000 present within three months of their entry into Polynesia French their application for residence permit with the documents required for entry into the territory as well as supporting evidence establishing their family link with the citizen they are accompanying or joining and guaranteeing the right of residence of the latter.
When the citizen they are accompanying or joining does not work, they justify the means available to it to ensure their financial support and insurance covering sickness and maternity benefits.
They receive a residence permit bearing the words: "this. ― Member of family. "― All professional activities" for the same period of validity which the nationals referred to in article 14 of the above-mentioned Ordinance of 26 April 2000 they are accompanying or joining might claim, within the limit of five years.
The validity of the residence card is not affected by temporary absences not exceeding six months a year, or by absences of a longer duration for the fulfilment of military obligations or by an absence of twelve consecutive months for important reasons, such as pregnancy, childbirth, serious illness, studies, professional training or a detachment for professional reasons in another Member State or a third country.
The issuance of the residence permit to nationals of a third State occurs at the latest within six months of the filing of the application. Its renewal must be sought within the period of two months prior to its expiration date.

SECTION 2: Provisions specific applicable to the nationals of States members of the UNION European submitted A of measures transitional as well as to the members of their family nationals of these same States or of State third Article 15 in more on this article...

Map of residence of nationals of the Member States of the European Union subject to transitional measures by their accession Treaty seeking to exercise a professional activity, mentioned in II of article 14 of the above-mentioned Ordinance of 26 April 2000, was issued under the conditions and for the period provided for in article 10 of this Decree. She wears as the reference case:. "― All professional activities» or:. "― All professional activities, except employees.
The residence permit of members of their families who are nationals of a Member State of the European Union subject to transitional measures or of a third State shall be issued under the conditions and for the period laid down in article 13 or article 14 of this order according to their nationality. She wears as the reference case:. ― Member of family. "― All professional activities» or:. ― Member of family. "― All professional activities, except employees.

Title II: Right to stay standing Article 16 read more on this article...

Nationals mentioned in the I of article 14-1 of the above-mentioned Ordinance of 26 April 2000 may seek the issuance of a residence card for a renewable term of validity of twenty years of right bearing the words: "this. ― Permanent residence. "― All professional activities. The recognition of their right of residence is not subject to the detention of this title.
By way of derogation from the first subparagraph, the card of residence of nationals of the Member States of the European Union subject to a transitional regime by their accession treaty who have acquired a right of permanent residence is marked:. ― Permanent residence. "― All professional activities» or:. ― Permanent residence. "― All professional activities, except employees.


Article 17 read more on this article...

Family members of a third State nationals mentioned in the I of article 14-1 of the above-mentioned Ordinance of 26 April 2000 seeking the issuance of a residence card bearing the words: "this. ― Permanent residence. "― All professional activities" in the period of two months preceding the expiry of the continuous period of five years of lawful residence.
This map, with a validity of ten years, must be delivered within a maximum period of six months from the filing of the application. Its renewal must be requested within a period of two months prior to its expiration date.
By way of derogation from the first subparagraph, the residence card issued to members of family of a national of a Member State of the European Union subject to a transitional regime by its door accession treaty the words:. ― Permanent residence. "― All professional activities» or:. ― Permanent residence. "― All professional activities, except employees.


Article 18 read more on this article...

Continuity of residence required for the acquisition and the retention of the right to permanent residence is not affected by: 1 ° of temporary absences not exceeding six months a year;
2 ° of the absences of a longer duration for the fulfilment of military obligations;
3 ° an absence of twelve consecutive months maximum for an important reason, such as pregnancy, childbirth, serious illness, studies, professional training or a secondment abroad for professional reasons.
Continuity of residence may be attested by any means of proof. She is interrupted by the execution of a removal order.


Article 19 more on this article...


I. ― National referred to in 1 ° of I of section 14 of the Ordinance of 26 April 2000 referred to above who ceases its occupation in French Polynesia becomes entitled to permanent residence before the continuous period of five years laid down in article 14-1 of the order I: 1 ° when he attained the age prescribed by legislative or regulatory provisions in force to enforce its rights to a retirement pension provided for y exercising his professional activity during the last 12 months and reside regularly for more than three years;
2 ° as a result of an early retirement and provided they are exercising his professional activity during the last 12 months and reside regularly for more than three years;
3 ° as a result of permanent incapacity to work and only after you have stayed there regularly in a way continues more than two years;
4 ° as a result of a disability permanent irrespective of length of stay and work if the incapacity is the result of an accident at work or pensionable illness right for the person concerned to a benefit at the expense of a social security body;
(5) after three years of activity and stay regular and continuing to exercise a professional activity in another State mentioned in article 14 of the above-mentioned Ordinance of 26 April 2000, provided that they keep his residence in Polynesia French and return there at least once a week.
Of activity periods thus completed in another State are regarded as carried out in French Polynesia for the acquisition of the right conferred by 1 ° to 4 °.
The conditions of duration of stay and activity laid down in 1 °, 2 ° and 3 ° do not apply if the worker's spouse is of French nationality or has lost that nationality following her marriage to that worker.
II. — are also considered as periods of employment periods of involuntary unemployment duly recorded by the competent employment service, periods of cessation of activities independent of the will of the person concerned and the absence of work or stop for illness or accident.


Article 20 more on this article...

Regardless of nationality, the family members residing with the worker referred to in 1 ° of article 14 of the order of 26 April 2000 above I acquire a right of residence standing in French Polynesia before the flow of the continuous period of five years of lawful residence in the I of article 14-1 of the same order: 1 ° if the worker receives himself the right to permanent residence in accordance with article 19 of this order;
2 ° If the worker dies while he was still exercising a professional activity in Polynesia French and stayed regular and continuous basis for over two years;
3 ° If the worker dies while he was still exercising a professional activity in Polynesia French an accident at work or an occupational disease;
4 ° If the spouse of the deceased worker lost French nationality following her marriage to that worker.

Title III: Terms of issuance and withdrawal of stay under Article 21 in more on this article...

The residence permit application must be filed with the High Commissioner of the Republic or the head of the administrative subdivision of the place of residence of the applicant. However, the High Commissioner may require that applications for residence cards may be filed at the Town Hall of the place of residence of the applicant.
In addition to the documents required according to the situation of the applicant under articles 10, 11, 12 and 13, any residence permit application is accompanied by: 1 ° of particulars of civil status of the person concerned as well as, where appropriate, that of the members of his family;
2 ° three of face photographs, bareheaded, of format 3.5 × 4.5 cm, recent and perfectly similar.


Article 22 read more on this article...

The residence permit is issued by the High Commissioner of the Republic. It bears the photograph of the holder.
A receipt is given to any citizen who requests the issuance or renewal of a residence permit.


Section 23 read more on this article...

The renewal of the residence permit is conditional on the submission of the documents referred to in article 21.


Section 24 read more on this article...

The residence permit is withdrawn if the holder was the subject of a measure of expulsion or a judicial decision of the inadmissibility.


Article 25 more on this article...

Decisions of refusal, refusal of renewal or withdrawal of the residence permit may not be taken until after notice of the territorial Board of the residence permit provided for in article 19 of the above-mentioned Ordinance of 26 April 2000.

Title IV: Provisions Article 26 in the miscellaneous and final read more of this article...

Notification of a deportation has an indication of the time limit to leave French Polynesia. Except emergency, this time limit cannot be less than one month.


Article 27 more on this article...

Any person referred to in article 1 which will be entered in French Polynesia without complying with the provisions of this article shall be punished by penalties for contravention of 5th class fine.


Article 28 more on this article...

Decree No. 2002-820 may 3, 2002pris for the purposes of section 14 of the Ordinance No. 2000-372, April 26, 2000 and laying down the conditions for French Polynesia entry of nationals of Member States of the European Community and members of their families as well as the conditions of residence of these nationals exercising an economic activity is repealed.


Article 29 more on this article...

The Minister of the Interior, of the overseas, local authorities and immigration and Minister to the Minister of the Interior, of the overseas, local authorities and immigration, charged of the overseas, are responsible, each in relation to the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, on November 19, 2010.
François Fillon Prime Minister: Minister to the Minister of the Interior, of the overseas territorial collectivities and immigration, responsible of the overseas territories, Marie - Luce Penchard the Minister of the Interior, of the overseas territorial collectivities and of immigration, Brice Hortefeux

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