Please help me with my complicated problem.

Karan · Post by **Karan** » Fri Dec 07, 2007 4:06 pm

I am Indian married to a girl who was born in Paris but holds a Moroccon passport, and has a French ID.

I would like to move to Paris with her and want to start the paperwork. But since she doesn't hold French passport, even though she was born in Paris. Will it make any difference in spouse-visa procedure? or it will be still according to EU national rules?

Also, what documents i need to submit at French Embassy in Delhi and how much time it usually takes to get a spouse visa, because its just too hard to stay away from each other. We got married just last month and she had to leave because of her work.

Any people with similar experiences or those who has any knowledge about such cases could please give me some advice and information? thank you.

Post by **archigabe** » Sat Dec 08, 2007 12:13 pm

does she have the 'carte d'identite' or 'carte de sejour'? If she has the 'carte de sejour' she should go to her 'mairie' or townhall and ask for the proceedure. I am afraid regulations for E.U citizens don't apply but these regulations can apply.
http://ec.europa.eu/justice_home/fsj/im ... ily_en.htm

However France might have a different interpretation.

http://www.coordeurop.org/sito/en/06pol ... l#_ftnref3

1) Married foreigners
Foreigners who have resided legally in France for at least one year, with a residency permit of at least one year, can have their family come to France. They must file for family reunification [3].

The family is defined in this context as the spouse and minor children (under age 18 when the application is filed). Included are the couple's children or those of either member of the couple, legitimate, natural, or adopted.

Foreigners residing in France must show that they have the resources necessary to provide for their family's needs (at least the minimum wage in effect in France), and adequate housing (16 mÂ² for two people and 9 mÂ² per each additional person; there are also criteria of hygiene, comfort, and habitability). It takes approximately one year to study the request, and the family may not reside in France until family reunification is granted. Furthermore, the foreigners must bring in their entire family at once; partial family reunification is granted only in exceptional cases.

With the current housing shortages â€” more difficult for foreigners who are often victims of discrimination â€” and the level of their salaries â€” lower than the French average â€” it is not surprising that a number of foreigners cannot be united with their families through this procedure.

This new law has engendered new obstacles to family reunification.

Before the new law, the condition of resources was satisfied if the foreigner's income equalled a full-time SMIC (French minimum wage) salary. Henceforth, it will be possible for the administration to deny family reunification because of insufficient resources even though the foreigner demonstrates minimum-wage employment.

Karan · Post by **Karan** » Sat Dec 08, 2007 4:06 pm

Thanks for Information. My wife has "carte d'identite" but i have to confirm about "carte de sejour'. Once i have more information i will post again. Does having "carte d'identite" makes any difference? her whole family lives in France and are legal residents for many years.

Since, the whole procedure to get spouse visa takes anywhere between 6-8 months, as written in the link you provided. Am i allowed to at least visit her on tourist visa for short periods of time during those 6-8 months? am i allowed to have a "long stay visa" to meet her and my in laws?

Thank you. I will be back soon with more information.

Post by **archigabe** » Sat Dec 08, 2007 10:13 pm

If she has the 'carte d'identite', that means she is a french citizen. You can apply for a long stay visa and then apply for a 'carte de sejour' when you reach france.You might have to take the 'French residency classes'.
Where did you get married? Is your marriage registered with the french embassy, and have you been issued with the 'livret de famille'?
Does she travel to India on her moroccan passport?

Karan · Post by **Karan** » Sun Dec 09, 2007 8:22 am

We got married in India and our marriage is registered here. She travels on her Moroccan passport. I also confirmed, she has "carte de sejour".

Do we need to register our marriage with French Embassy? or the Marriage certificate from the Indian court is sufficient? and can you please tell me about 'livret de famille'?

When applying for spouse visa, does she need to show copy of her Moroccan passport or copy of her French ID is sufficient? thanks again for information.

Post by **John** » Sun Dec 09, 2007 9:32 am

If holding a carte d'identite means that she is a French citizen, why does she not get a French passport?

Karan · Post by **Karan** » Sun Dec 09, 2007 1:25 pm

John wrote:If holding a carte d'identite means that she is a French citizen, why does she not get a French passport?

Hi, i am sorry for the confusion, as i am not familiar with the terms. Like i said in last post she has carte d'sejour and not carte d'identite.

sakura · Post by **sakura** » Sun Dec 09, 2007 7:05 pm

Karan wrote:
John wrote:If holding a carte d'identite means that she is a French citizen, why does she not get a French passport?
Hi, i am sorry for the confusion, as i am not familiar with the terms. Like i said in last post she has carte d'sejour and not carte d'identite.

Is she eligible for French citizenship??

Post by **archigabe** » Sun Dec 09, 2007 7:52 pm

Karan wrote:We got married in India and our marriage is registered here. She travels on her Moroccan passport. I also confirmed, she has "carte de sejour".

Do we need to register our marriage with French Embassy? or the Marriage certificate from the Indian court is sufficient? and can you please tell me about 'livret de famille'?

When applying for spouse visa, does she need to show copy of her Moroccan passport or copy of her French ID is sufficient? thanks again for information.

If she has only the 'carte de sejour' which is the french equivalent of the residence card, she is not a french citizen. You cannot register your marriage at the french embassy,but your indian marriage certificate will be sufficient to apply for a long stay visa. Some embassies require your Official documents issued in India to be legalized by 'Ministry of External Affairs, Patiala House New Delhi'. She might be asked to provide ''Attestation D'accueil (Proof of Accomodation)which can be obtained in any city from the local town hall in France''

This for the long stay visa at the french embassy.There is no 'spouse visa' from the French Embassy.

http://www.france-in-india.org/en/artic ... rticle=680
http://www.vfs-france.co.in/website/longstay.html
http://www.vfs-france.co.in/website/tou ... ments.html

I suggest you ask the french embassy or VFS for the proceedure to apply for a 'long stay visa' to join a foreign national spouse.

For a rough idea,you can look at the documents required by the belgian embassy for 'spouse visa' .
http://www.vfs-be-in.com/spouse-delhi.aspx
(This is for guidance only) The french embassy might not require the same documents.

Here's someone's experience in getting her documents attested...it will give you some idea of the trouble you are going to have to go through getting your documents verified...enjoy!

http://svijayalakshmi.blogspot.com/2005 ... n-for.html

Karan · Post by **Karan** » Mon Dec 10, 2007 8:48 am

Thanks again. Looks like i am on the right track then. I got most of the documents with me. I only need to confirm the attestation part.

I would like to know if i can apply for "short stay visa"? or i can only apply for "long stay visa"? long stay visa is issued for more then 90 days. But what if i ask them for 90 days visa with longer duration? will they so no to me for "short stay visa"?

Also i called Delhi Embassy this morning and the lady directed me towards the website (which by the way gives no clear information for married people's visa). However, she did tell me that i can apply for any kind of visa i like, "short or long" but for some reason i didn't believe her.

sakura wrote:Is she eligible for French citizenship??

Yes she is but it will take her a little while to get a French Passport.

Post by **archigabe** » Mon Dec 10, 2007 11:47 am

You can apply for a long stay visa and then apply for a 'carte de sejour' (residence card) when you reach france.

this page might offer some guidance...
http://sos-net.eu.org/etrangers/interne/mariage.htm

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Please help me with my complicated problem.

Please help me with my complicated problem.