Key Benefits:
The public concerned: prefectures, subprefectures, refugees and beneficiaries of subsidiary protection.
Subject: administrative procedure, right of foreigners.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree adapts the regulatory part of the Code of Entry and Residence of Aliens and the Right of Asylum to take into account the extension of the scope of application of long-term resident status to beneficiaries of international protection (refugees and beneficiaries of subsidiary protection) provided for in the new article L. 314-8-2 resulting from the Act No. 2013-1005 of 12 November 2013.
References: the code amended by this decree can be consulted, in its version, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Interior,
Considering Council Directive 2003/109/EC of 25 November 2003 on the status of nationals of long-term third-country residents;
Considering Directive 2011/51/EU of the European Parliament and the Council of 11 May 2011 amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection;
Vu le Code of entry and residence of foreigners and asylumincluding articles L. 314-7-1, L. 314-8 and L. 314-8-2;
The State Council (inland section) heard,
Decrete:
After the 10th of the I of Article R. 311-15 of the Code of Entry and Residence of Aliens and the Right of Asylum, it is inserted an 11° so written:
« 11° If the foreigner, holder of the resident card bearing the reference "long-term resident-EU" issued by France on the basis of Article L. 314-8-2, loses the refugee status or benefit of subsidiary protection in the cases referred to in Article L. 314-7-1. »
The 1st of section R. 314-1-1 of the same code is replaced by the following:
« 1° The justification that he resides legally and in an uninterrupted manner in France for at least five years, under cover of one of the residence cards mentioned in articles L. 314-8 and L. 314-8-2 or under cover of one of the visas mentioned in 4°, 5°, 7°, 8°, 9° and 11° of article R. 311-3; the periods of absence of the French territory are taken into account in the calculation of the five years of uninterrupted regular residence when each does not exceed six consecutive months and does not exceed a total of ten months; in respect of a foreigner who has been recognized by France as a refugee or grant the benefit of subsidiary protection, the period between the date of filing of the asylum application and that of the issue of one of the residence cards mentioned in the second paragraph of Article L. 314-8-2 is also taken into account; "
After article R. 314-1-3 of the same code, an article R. 314-1-4 is inserted as follows:
"Art. R. 314-1-4.-The resident card bearing the reference "long-term resident-EU" issued on the basis of Article L. 314-8-2 abroad that has the status of a refugee or has subsidiary protection, bears the following reference under the heading "Remarks": "France granted international protection on [date]".
"When the foreigner already has a long-term resident card issued by another Member State of the European Union, mentioning that an international protection has been granted to him, the resident card bearing the mention "long-term resident-EU" issued by France on the basis of Article L. 314-8 or Article L. 314-8-1, bears the following reference under the heading "Remarks" State: In the event that the foreigner obtains the transfer of his protection to France, the mention is amended accordingly, within a maximum period of three months following the transfer.
"When a Member State of the European Union informs France that it has granted international protection to a foreigner already holder of a resident card bearing the mention "long-term resident-EU", issued by France on the basis of Article L. 314-8 or Article L. 314-8-1, or that the responsibility for the protection of that foreigner has been transferred to that Member State, France amends the reference to the preceding month, »
The second paragraph of section R. 531-11 of the same code is supplemented by the following:
"However, when the foreigner has the status of a refugee or benefits from subsidiary protection, he is handed over to the competent authorities of the Member State who has recognized him as a refugee or granted the benefit of subsidiary protection, under the conditions provided for in the third paragraph of Article L. 531-2, after verification with that Member State that the foreigner remains under his protection. »
Article R. 531-12 of the same code is supplemented by the following provisions:
"In the event that the foreigner has been recognized as a refugee or granted the benefit of subsidiary protection in France and that he remains under the protection of France, the French administrative authority which has granted him the status of a long-term resident-EU informs the Member State author of the removal measure, within a maximum period of one month after the date on which it was consulted. The foreigner and, if applicable, his spouse and his minor children are then re-admissed in France. »
After article R. 751-2 of the same code, an article R. 751-3 is inserted as follows:
"Art. R. 751-3.-When a foreigner is recognized as a refugee or granted the benefit of subsidiary protection in France and already has a long-term EU resident card issued by another Member State of the European Union, the prefect or, in Paris, the police prefect informs the authorities of that State in order to allow them to modify the section "Remarks of the stay". The same is true when the foreigner was already placed under the protection of that State and that the latter was transferred to France. »
I. ― In the titles of subsections 8 and 9 of section 2 of chapter III of title I of book III and section 3 of chapter I of title III of book V as well as in articles R. 311-2, R. 311-14, R. 311-15, R. 313-5, R. 313-22-1, R. 313-34-1, R. 313-341-1-2, R. 314-1, R.
II. ― At the 4th of Article R. 311-2, at the 2nd of Article R. 311-15, in the first paragraph of Article R. 314-3 and Article R. 531-12 of the same Code, the words "of Article L. 314-8" are replaced by the words "of Articles L. 314-8 and L. 314-8-2".
III. ― At the f of the I of Article R. 311-19 of the same code, is inserted after the reference: "L. 314-8", the reference: ", L. 314-8-2".
The Minister of the Interior is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on March 6, 2014.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of the Interior,
Manuel Valls
