Key Benefits:
The Prime Minister,
On the report of the Minister of the Interior, Overseas, Territorial Authorities and Immigration,
Considering the Treaty on the Functioning of the European Union, including Article 355;
Having regard to Organic Law No. 99-209 of 19 March 1999 on New Caledonia, including Articles 21 and 22;
See?Order No. 2002-388 of 20 March 2002 relating to the conditions of entry and residence of foreigners in New Caledonia, including articles 14 and 14-1, in their writing resulting from theOrder No. 2007-98 of 25 January 2007 ;
Vu le Decree No. 2002-1219 of 27 September 2002 taken for application ofOrder No. 2002-388 of 20 March 2002 relating to the conditions of entry and residence of foreigners in New Caledonia;
Considering the seizure of the Government of New Caledonia of 9 February 2010;
The State Council (inland section) heard,
Decrete:
Any citizen of the European Union with a valid identity card or passport is admitted to New Caledonia, provided that its presence does not constitute a threat to public order.
Any member of his family referred to in III of section 14 of the above-mentioned order of 20 March 2002, a citizen of a third State, is admitted to New Caledonia provided that his presence does not constitute a threat to public order and that he or she is provided, in the absence of a valid residence permit, with a valid passport, a visa or, if dispensed, with a document establishing his or her family connection. The consular authority shall issue the visa required on the basis of his family bond to the consular authority for free and as soon as possible.
It is granted to nationals mentioned in the first paragraph of I and to III of section 14 of the above-mentioned order of 20 March 2002 who do not have the entry documents provided for in Article 1 all reasonable means to allow them to obtain them within a reasonable period of time or to confirm or prove by other means their status as beneficiaries of the right to freedom of movement and residence in New Caledonia, before proceeding with their refoulement.
As long as they do not become an unreasonable burden for the locally applicable social assistance system, the citizens of the European Union and the members of their families mentioned to the III of section 14 of the above-mentioned order of 20 March 2002 have the right to stay in New Caledonia for a period of less than or equal to three months, without any other condition or formality than those provided for in Article 1 of this Decree for their entry into New Caledonia.
For stays of more than three months, nationals who meet the conditions mentioned in I of section 14 of the above-mentioned order of 20 March 2002 shall be provided with one of the two documents for the entry into New Caledonia by Article 1 of this Decree.
The insurance referred to in I of section 14 of the above-mentioned order of 20 March 2002 must cover health insurance and maternity benefits.
When required, the sufficient nature of the resources is appreciated taking into account the individual's personal situation.
The charge for the locally applicable social assistance scheme that the national may constitute is assessed, inter alia, by taking into account the amount of non-contributory social benefits granted to him, the duration of his difficulties and stay.
Nationals of the European Union who entered New Caledonia to look for a job cannot be removed for reasons derived from the irregularity of their stay as long as they are able to prove that they continue to seek a job and that they have real chances of being hired.
An attestation, in accordance with the model established by a joint order of the Minister for Immigration and the Minister for Overseas, shall be delivered immediately by the mayor to nationals who submit to the registration requirement of the II of section 14 of the above-mentioned order of 20 March 2002.
This certificate does not establish a right to stay. Its possession cannot in any case constitute a precondition for the exercise of a right or for the fulfilment of another administrative formality.
The mayor communicates to the High Commissioner the copy of the certificates he issued.
I. - Nationals mentioned to 1° of Article 14 of the above-mentioned Order of 20 March 2002 retain their right to stay:
1° If they have been struck by a temporary incapacity for work resulting from illness or accident;
2° If they are involuntary unemployment duly found after they have been employed for more than a year and have been registered as a job applicant with the local skilled employment service;
3° If they undertake professional training, which must be linked to the previous professional activity, unless they have been unintentionally unemployed.
II. - They retain their right to stay for six months:
1° If involuntary unemployment is found at the end of their fixed-term employment contract less than one year;
2° If they are unintentionally deprived of employment within the first twelve months after the conclusion of their employment contract and are registered as an applicant for employment with the relevant local employment service.
Nationals referred to in 4° and 5° of Article 14 of the order of 20 March 2002 referred to above, admitted to stay as a family member, retain their right to stay:
1° In the event of death of the accompanied or joined citizen or if the latter leaves New Caledonia;
2° In case of divorce or cancellation of marriage with the accompanied or joined national.
For the acquisition of the permanent residence right provided for in first paragraph of article 14-1 of the order of 20 March 2002 referred to above, they must enter individually in one of the categories defined in section 14 of the same order.
Nationals of a third State mentioned to the III of section 14 of the above-mentioned order of 20 March 2002, admitted to stay as a family member, retain their right to stay:
1° In the event of death of the accompanied or joined citizen provided that they have established their residence in New Caledonia as a member of his family for more than a year before that death;
2° In case of divorce or cancellation of marriage with the accompanied or joined national:
(a) When the marriage lasted at least three years before the commencement of the divorce or annulment proceedings, of which at least one year in New Caledonia;
(b) When the custody of the children of the accompanied or joined citizen is entrusted to them as a spouse, by agreement between the spouses or by a court decision;
(c) When particularly difficult situations require it, especially when the community of life was broken at the initiative of the family member because of the domestic violence he suffered;
(d) When the spouse receives, by agreement between the spouses or by court decision, a right of access to the minor child, provided that the right is exercised in New Caledonia and for the period necessary to exercise the right.
For the acquisition of the permanent residence right provided for in second paragraph of article 14-1 of the above-mentioned order of 20 March 2002, 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 order.
In the event of the death of the accompanied or joined citizen, or if the latter leaves New Caledonia, the children and the family member who has custody of them retain the right of stay until the children complete their education in a French secondary school.
Nationals referred to in 1° of Article 14 of the above-mentioned Order of 20 March 2002 who have established their habitual residence in New Caledonia for less than five years are entitled to a residence permit with the following reference: "EC. ― All professional activities". The recognition of their right to stay is not subject to the detention of this title.
This is a valid term equivalent to that of the contract of employment in accordance with local regulations or, for non-employed workers, the duration of the planned work activity. Its validity period may not exceed five years.
Its issuance is subject to the applicant's production of a valid identity document or passport and:
1° For employees, a valid work authorization is required by local regulations or, in other cases, an employment certificate;
2° For non-employed workers, evidence of their inclusion in the social protection regime applicable to them.
Nationals referred to in 2° of Article 14 of the above-mentioned Order of 20 March 2002 who have established their habitual residence in New Caledonia for less than five years are entitled to a residence permit with the following reference: "EC. ― Non active". The recognition of their right to stay is not subject to the detention of this title.
This title is valid for a maximum of five years, determined on the basis of the sustainability of the resources warranted.
Its issuance is subject to the applicant's production of the following evidence:
1° A valid identity document or passport;
2° A certificate of care by insurance covering health and maternity benefits;
3° The documents justifying sufficient resources for him and, where appropriate, for family members.
Nationals referred to in 3° of Article 14 of the above-mentioned Order of 20 March 2002 who have established their habitual residence in New Caledonia for less than five years are entitled to a residence permit with the following reference: "EC. ― Student". The recognition of their right to stay is not subject to the detention of this title.
This title is valid for up to one year renewable.
Its issuance is subject to the applicant's production of the following evidence:
1° A valid identity document or passport;
2° A proof of his registration in a teaching institution to follow, as a principal, studies or, in this context, vocational training;
3° A certificate of care by insurance covering health and maternity benefits;
4° A statement or other equivalent means to ensure that it has sufficient resources for it and, where appropriate, for family members.
The family members mentioned to the 4° and 5° of Article 14 of the order of 20 March 2002 referred to above who have established their habitual residence in New Caledonia for less than five years are entitled to a residence permit with the following reference: "EC. ― Family member. – All professional activities.” Recognition of the right of residence is not subject to the detention of this title.
They submit in support of their application one of the documents provided for in the first paragraph of Article 1, a justification of their family relationship with the national they accompany or join, and a proof of the right to stay of the national.
When the person accompanying or joining them does not engage in professional activity, they also justify the means available to them to provide financial care and insurance for health and maternity benefits.
They receive a residence permit of the same duration of validity as that to which the national mentioned in I of Article 14 that they accompany or join may claim within five years.
Family members of a third State mentioned to the III of section 14 of the above-mentioned order of 20 March 2002 submit within three months of their entry to New Caledonia their application for a residence permit with the documents required for entry into the territory and the supporting documents establishing their family relationship with the national they accompany or join and guaranteeing the right to stay of the national.
When the person accompanying or joining the person does not engage in a professional activity, they justify the means available to him to provide financial care and insurance for health and maternity benefits.
They receive a residence title bearing the mention: "EC. ― Family member. ― All professional activities" of the same validity period as that to which the national mentioned in thesection 14 of the above-mentioned order of 20 March 2002 that they accompany or join may claim, within five years.
The validity of the residence card is not affected by temporary absences not exceeding six months a year, nor by longer absences for the fulfilment of military obligations or by a absence of twelve consecutive months for an important reason, such as pregnancy, childbirth, serious illness, education, vocational training or detachment for professional reasons in another Member State or a third country.
The issuance of the residence permit to third-country nationals shall be effected no later than six months after the application is filed. Its renewal must be requested within the two-month period prior to its expiry date.
The residence card of citizens of the Member States of the European Union subjected to transitional measures by their accession treaty wishing to exercise a professional activity, referred to in the II of Article 14 of the above-mentioned order of 26 April 2002, is issued under the conditions and for the duration provided for in Article 10 of this decree. It bears, as the case may be, the words "EC. ―All professional activities" or "EC. ― All professional activities, except employees".
The residence card of the members of their family 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 duration provided for in article 13 or article 14 of this decree according to their nationality. It bears, as the case may be, the reference: "EC. ― Family member. – All professional activities” or: “EC. ― Family member. - All professional activities, except wage earners."
Nationals referred to in I of section 14-1 of the above-mentioned order of 20 March 2002 may apply for the issuance of a residence permit for a period of validity of twenty years renewable in full law with the reference: "EC. - Permanent stay. – All professional activities.” The recognition of their right to stay is not subject to the detention of this title.
By derogation from the first paragraph, the residence card of nationals of the Member States of the European Union subject to a transitional regime by their accession treaty that have acquired a permanent right of residence refers to: "EC. ― Permanent stay. – All professional activities” or: “EC. ― Permanent stay. - All professional activities, except wage earners."
Family members of a third State mentioned to the I of section 14-1 of the above-mentioned order of 20 March 2002 request the issuance of a residence card bearing the mention: "EC. ― Permanent stay. ― All professional activities" within the two-month period preceding the expiry of the uninterrupted period of five years of regular stay.
This card, valid for 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 date.
By derogation from the first paragraph, the residence card issued to the family members of a national of a Member State of the European Union subject to a transitional regime by its accession treaty bears the mention: "EC. ― Permanent stay. – All professional activities” or: “EC. ― Permanent stay. - All professional activities, except wage earners."
The continuity of stay required 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° Longer absences for the fulfilment of military obligations;
3° A maximum absence of twelve consecutive months for an important reason, such as pregnancy, childbirth, serious illness, education, vocational training or detachment abroad for professional reasons.
Continuity of stay can be attested by any means of evidence. It is interrupted by the execution of a removal decision.
I. - The national referred to in 1° of Article 14 of the above-mentioned Order of 20 March 2002 which ceases to work in the territory of New Caledonia acquires a right to permanent residence before the uninterrupted period of five years of stay provided for in I of article 14-1 of the same order:
1° When it reaches the age set out in the existing legislative or regulatory provisions to assert its rights to a pension, provided that it has exercised its professional activity in the past 12 months and has been residing regularly for more than three years;
2° As a result of an early retirement, and provided that he or she has been engaged in his or her work for the past 12 months and has been on a regular basis for more than three years;
3° As a result of a permanent incapacity for work and provided that they have been on a regular basis for more than two years;
4° As a result of a permanent incapacity for work and without a condition of stay if this incapacity is the result of a work accident or occupational illness that is entitled to an annuity for a social security organization;
5° After three years of regular and continuous activity and stay, to exercise a professional activity in another State mentioned in thesection 14 of the above-mentioned order of 20 March 2002, provided that you keep your residence in New Caledonia and return to it at least once a week.
The periods of activity thus carried out in another State are considered to be exercised in New Caledonia for the acquisition of rights under 1° to 4°.
The conditions of stay and activity provided for in 1°, 2° and 3° do not apply if the worker's spouse is of French nationality or has lost that nationality as a result of his marriage with that worker.
II. - Are also considered as periods of employment the periods of involuntary unemployment duly observed by the competent employment service, the periods of cessation of activity independent of the will of the person concerned, as well as the absence of work or arrest for cause of illness or accident.
No matter their nationality, family members who reside with the worker mentioned to the worker 1° of Article 14 of the above-mentioned Order of 20 March 2002 acquire a right to permanent stay in New Caledonia before the uninterrupted period of five years of regular stay provided for in I of section 14-1 of the same order:
1° If the worker has the right to permanent residence in accordance with Article 19 of this Decree;
2° If the worker dies while he still has a professional activity in New Caledonia and has been on a regular and continuous basis for more than two years;
3° If the worker died while he was still active in New Caledonia as a result of an occupational injury or illness;
4° If the deceased worker's spouse has lost French nationality as a result of his marriage to that worker.
The application for a residence permit must be filed with the High Commissioner of the Republic or the Delegate Commissioner of the Republic in the province in which the applicant resides. However, the High Commissioner may prescribe that applications for residence permits are filed at the City Hall of the applicant's place of residence.
In addition to the required documents according to the applicant's situation in articles 10, 11, 12 and 13, any request for a residence permit shall be accompanied by:
1° Guidance on the civil status of the person concerned and, where appropriate, that of the members of his family;
2° From three face photographs, naked head, 3.5 × 4.5 cm, recent and perfectly resembling.
The residence permit is issued by the High Commissioner of the Republic. He carries the photograph of his holder.
A receipt shall be given to any national who requests the issuance or renewal of a residence permit.
The renewal of the residence card is subject to the presentation of the documents referred to in Article 21.
The residence permit is withdrawn if the holder has been subject to a removal measure or a judicial decision to ban the territory.
Decisions for refusal to issue, refuse to renew or withdraw the residence permit may only be taken after the territorial board has notified the residence permit provided for in thesection 19 of the above-mentioned order of 20 March 2002.
The notification of expulsion includes the indication of the time limit to leave New Caledonia. Except urgently, this deadline may not be less than one month.
Any person referred to in Article 1 who has entered New Caledonia without complying with the provisions of that Article shall be punished by fines of the 5th Class contravention.
Articles 38 to 53 of Decree No. 2002-1219 of 27 September 2002 referred to above are repealed.
The Minister of the Interior, Overseas, Territorial and Immigration authorities and the Minister to the Minister of the Interior, Overseas, Territorial and Immigration Authorities, in charge of Overseas, are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
Done in Paris, November 19, 2010.
François Fillon
By the Prime Minister:
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Brice Hortefeux
