FRENCH RESIDENCE PERMIT WHILE IN FRANCE

[daddy]

I am from south Africa and my wife is from England, we are planing to move to france, i have 6months valid italian schengen visitor visa, can i be eligible to apply for residence while in france to remain in france with my wife. PLEASE CAN SOMEONE ADVICE ME ON WHAT TO DO.

[Directive/2004/38/EC]

The simple answer is yes. Assuming your wife is with you and doing something like working or studying or is self sufficient, you can apply for a Residence Card.

She can work from the day she arrives in France, and so in theory can you.

Read up at the link below...

[Maxies]

Yes, you can because your wife is British.

First you wife has to :
- register herself and you at the Mairie where you plan to live within 3 months of your arrival in France
- ask at the préfecture where you plan to live a EU residence card for all professional activities called in French : carte de séjour CE-toutes activités profesionnelles. In order to get this card, she'll need to prove that she is working (contrat de travail) or have sufficient funds on her bank account with health insurance coverage. The residence card is free
- after 5 years of continuous residence, she can apply for permanent residence card for EU citizens valid for ten years (allowing to apply for French citizenship if interested)

Then you can ask at the préfecture where you are living a EU - Family relative - residence card for all activities called : CE - membre de famille - toute activités profesionnelles. Free of charge. You have to apply for this document within 6 months of your arrival. In order to get it, you need to provide the following documents :
- Passport with a valid EU Shengen visa (tourist visa is fine)
- proof of family link with the EU person ( proof of wedding)
- EU residence card of your wife (if she has not received it yet, you can provide a copy of her work contract or bank account showing she has sufficient funds with an private health insurance coverage).

You cannot work until you have your EU residence card. If caught working by the Police, you can get expelled from France.

The private health insurance coverage is not needed if you wife works since she'll be enrolled with the French public health insurance system (Securité sociale) via her employer.

Even though your wife is EU citizen, the French authorities may deny for any reason the right to stay in France. Be sure to follow all the steps. The French are quite rigid on the rules.

For more information, see (in French only) : http://vosdroits.service-public.fr/part ... 2653.xhtml

Good luck !

[John]

You cannot work until you have your EU residence card. If caught working by the Police, you can get expelled from France.

If the French did that, to such a Family Member, that would clearly be in breach of the terms of the EU Directive, that makes it clear that the Residence Card for a Family Member is merely confirmatory of rights already held, and does not actually give any more rights.

[86ti]

You cannot work until you have your EU residence card. If caught working by the Police, you can get expelled from France.

If the French did that, to such a Family Member, that would clearly be in breach of the terms of the EU Directive, that makes it clear that the Residence Card for a Family Member is merely confirmatory of rights already held, and does not actually give any more rights.

The following quote from the same poster sounds even worse.

Even though your wife is EU citizen, the French authorities may deny for any reason the right to stay in France.

[Maxies]

i agree with both of you. But it's clearly stated on the French Government website. Even though the non-EU person is married to a EU citizen, he has to make sure that he has the right paper to stay and work in France when control by the Police. If caught alone by the Police, he may be expelled within a week to his native country. In France, every resident must have either an ID or proof to stay in France at all times, this is the law. If a French or EU residents are caught by the Police without an ID, they may be force to stay in a Police station up 24 hour until their identity is checked. Foreigners are generally detained longer until a judge decide on their case.

Regarding the right to stay in France, I should have been more specific. If the person has been charged or convicted of any crime or involved in any violent activity or may be dangerous or cause trouble for France based on information from French Intelligence or Police or the immigration officer from the Prefecture, he may be deny entry or stay in France, even though he is married to EU citizen.

French laws regarding immigration are probably tougher than any other EU countries and even though they have to abide to EU directives, it is the country with the least EU directives approved by the Parliament.

[86ti]

i agree with both of you. But it's clearly stated on the French Government website.

Can you please post the link for the benefit of those who are interested in the current situation (and can read French)?

[lifeart]

Whether or not EU laws, directives and other legislation have been incorporated into national law is of secondary importance. After a certain deadline, if no national law has been enacted, the EU law will take immediate effect and is binding as written. EU law always takes precedence over national law. When there is a national regulation it must not contravene the spririt of the EU law.

[Maxies]

I already posted the web link. See my previous message (at the end).