Exceptional admission to stay (AES) is a discretionary regularisation procedure for foreign nationals who are unlawfully resident in France and do not qualify for a residence permit as of right.
How AES works
Unlike residence permits granted where statutory conditions automatically confer entitlement, AES is assessed case by case by the prefect. The legal framework is contained in Articles L. 435-1 and following of the CESEDA.
Administrative circulars provide guidance to prefectures on how to exercise that discretion. They are not legislation and cannot replace the CESEDA, but they can strongly influence prefectural practice.
The main statutory AES routes
- Article L. 435-1: humanitarian considerations or exceptional grounds may justify a temporary residence permit. Where the applicant has lived habitually in France for the statutory long-residence period, the residence-permit commission may have to be consulted before refusal.
- Article L. 435-2: certain people living and working within recognised solidarity organisations may qualify after the statutory period.
- Article L. 435-3: certain young adults who were placed in child welfare after the age specified by law and are following qualifying vocational training may apply.
- Article L. 435-4: a specific regularisation route exists for certain workers employed in shortage occupations.
The 2025 Retailleau circular
The Interior Ministry circular of 23 January 2025 replaced the earlier Valls circular and adopted a more restrictive approach to discretionary AES under Article L. 435-1.
It places increased emphasis on:
- length and continuity of residence in France;
- integration and French-language ability;
- respect for the principles of the Republic;
- public-order history;
- the applicant's previous compliance with immigration decisions.
The circular uses a long period of residence as an important administrative benchmark for Article L. 435-1 applications, but a circular does not transform that benchmark into an automatic statutory entitlement or absolute legal threshold.
Factors that can prevent or seriously weaken AES
Public-order concerns, polygamy and recent non-compliance with an OQTF can significantly affect an AES application. Article L. 432-1-1 may also allow the prefecture to refuse certain residence applications where the applicant has failed to comply with a recent removal decision.
The precise effect of an earlier OQTF should be analysed carefully rather than reduced to a single automatic rule in every case.
Regularisation through shortage occupations
Article L. 435-4 created a specific employment-based route for certain workers in shortage occupations. The applicant must satisfy the statutory requirements relating to:
- the required period of salaried activity in a shortage occupation during the reference period;
- a minimum period of residence in France;
- current employment in a job appearing on the official regional shortage list;
- integration and public-order conditions.
The shortage-occupation list is updated by official order and varies by region, so the current list must always be checked at the date of the application.
What happens if AES is refused?
A refusal may be accompanied by an OQTF. A simple residence refusal is generally subject to a two-month court deadline, while an OQTF triggers the shorter removal deadlines: ordinarily one month, seven days under house arrest and forty-eight hours in administrative detention.
A timely court challenge under the OQTF procedure suspends forced removal until the administrative court has ruled.
Key points
- AES is discretionary and evidence-heavy.
- The legal basis matters: Article L. 435-1 is different from the shortage-occupation route under Article L. 435-4.
- Administrative circulars guide practice but do not replace legislation.
- An earlier OQTF can materially complicate the application.
- The current regional shortage list must be checked before relying on Article L. 435-4.
Fazolo Avocats assists clients with exceptional admission to stay, shortage-occupation regularisation and challenges to refusals.
