French lawmakers are demanding France tighten immigration rules by restricting conditions for visas and residency permits under ‘family reunification’ rules – so who exactly would this effect?
“France needs to welcome fewer people in order to welcome them better,” says the centrist Renaissance party leader Gabriel Attal, adding that he wanted to focus more on work-based immigration and tighten up ‘family reunification’ rules.
He like other French lawmakers in recent years has demanded the tightening of the conditions for family reunification, but it’s not always easy to separate out exactly which types of visas and residency permits would be affected by any changes.
Family reunification – regroupement familial – allows foreign citizens who have been legally resident in France for more than 18 months to bring their spouse and minor children to join them living in the country, subject to certain conditions.
Who does this affect?
Family reunification applies to citizens of non-EU countries, who are not married to a French person (those with a French spouse take a different immigration route).
In most cases it applies to married couples and/or minor children only.
It does not affect citizens of EU/EEA countries, or those who have a visa in their own right (eg a working visa, student visa or ‘talent passport’).
Brits who moved to France before 2021 and are therefore covered by the Withdrawal Agreement do have the right, in certain circumstances, to be joined by a spouse, but this is under a different set of rules (full explanation below).
Eligibility
The conditions for family reunification are strict and very specific. According to the Office Français de l’Immigration et de l’Intégration (OFII), to be considered for family reunification;
- you are a citizen of a non-EU/EEA country (EU citizens enjoy freedom of movement within the bloc, so don’t need to go through this process);
- You must have been legally residing in France for at least 18 months. Under the Franco-Algerian agreement, this period is cut to a minimum of 12 months for Algerian citizens.
- You have a qualifying French residence permit (not all of them are) that is valid for one year or more.
And that’s not all.
- Your family must be living outside France;
- Your spouse must be over 18 years old;
- Any children must be under 18 years old at the time you file the application.
Be aware, this process allows only reunification with the applicant’s married spouse and children. You cannot bring parents, siblings, nephews or nieces to France under this system. Similarly, any adult children would have to apply for a visa themselves.
Also the size of the French property you’re living in, and whether it is suitable for the number of people you want to join you is taken into consideration.
And how much money you’re earning in France. Applicants must have sufficient income to support their family in reasonable conditions. If your spouse is already living with you in France and you want to be reunited with your children, your combined income is taken into account.
Basically, for a family of two or three, applicants must bring in the equivalent of at least the French minimum wage per month. For a family of four or five, the minimum gross wage plus 10 percent; and for a family of six or more, the minimum gross wage plus 20 percent.
Recipients of the adult disability allowance (AAH) or the supplementary disability allowance (ASI), or those over the age of 65 who have lived in France for 25 years and are applying for family reunification for their spouse do not have to meet these minimum income requirements.
How to apply
You can complete an online simulator here and determine what documents you need to supply in support of your application.
Bear in mind that any document not in French that is submitted must be accompanied by a certified translation – unless it is a multilingual document on which one of the languages is French. Foreign public documents may also need to be legalised or apostilled.
Then, you should log on to the Anef website to complete the necessary online dossier. You can track your application status here, too.
READ ALSO 9 tips foreigners in France need for dealing with the ANEF admin website
If you prefer to complete a paper form, you can download it here.
The OFII or your local town hall will contact you to conduct a survey at your home to ensure that your accommodation and resources are sufficient to support your family.
Once your application has been reviewed, it will be sent to your local préfecture, where a decision on your application will be made.
If the préfecture issues a favourable decision, the OFII will forward it to the consulate or its representative office abroad, depending on your family’s country of residence. A fee may, in certain circumstances, be involved at this time.
Your family members must then apply for a visa at the appropriate French consulate. The consulate will issue either a long-stay visa serving as a residence permit (VLS-TS) or a visa marked “residence permit to be applied for”.
As soon as your family arrives in France, you must send copies of the relevant passport pages (personal information, long-stay visa, date of arrival) for each beneficiary, specifying the family reunification application number to OFII.
They will be invited to an orientation interview and possibly a medical examination.
What if you don’t qualify for family reunification?
As we have seen, the requirements for family reunification are quite specific, but there are other routes if you have a loved one in France who you wish to join.
The simplest route is to see if you qualify for a visa in your own right – click here for details.
READ ALSO: What are the ‘easiest’ French visas to get?✎
If you are married to a French citizen you can also apply for a spouse visa, likewise spouses of EU/EEA citizens who are living in France can benefit from an EU family members residency permit.
If your spouse is in France on a ‘talent passport’, they are entitled to bring a spouse with them – this is a much better deal than family reunification as the talent passport holder and their family members get an immediate four-year residency card.
It’s worth noting that for all of the ‘spouse’ routes you need to be married, unmarried or pacsé couples cannot benefit.
And finally … Brits
If you are a UK national and were legally resident in France before December 31st 2020 then you are covered by the Withdrawal Agreement, and should have the special post-Brexit carte de séjour known as the WARP or Article 50 TUE.
The Withdrawal Agreement states that Britons covered can bring family members to join them in the EU – including “direct descendants under the age of 21 or dependants, direct ascendant dependants, spouse or partner with a lasting and proven relationship”, according to the French Brexit government portal.
Although this is similar to family reunification, the right is set out under the Brexit Withdrawal Agreement, so any changes to France’s regroupement familial system would not affect this.
The “direct ascendant dependants” bit refers to parents, but if you want to bring parents to join you, you have to prove not only that these are your parents, but that they are financially dependent on you (by showing regular bank payments from you to your parent) and that there are no other family members available to care for them in the UK.
Once your parent/spouse arrives in France, an application with your local préfecture citing the Brexit Withdrawal Agreement must be submitted within three months of their arrival.
