Family reunification is one of the main procedures allowing a foreign national lawfully resident in France to bring their spouse and minor children to join them. The procedure is strictly governed by the CESEDA and requires several conditions to be satisfied before the application is filed.
This article explains who can apply, the main conditions, the steps in the procedure and the remedies available if the application is refused.
Who can benefit from family reunification?
The family-reunification procedure allows a foreign national lawfully residing in France, referred to here as the sponsor, to bring:
- their spouse, provided the marriage is valid and the spouse satisfies the applicable age requirement;
- their minor children under 18, whether children of the couple or, in the circumstances provided by law, children for whom one spouse has parental responsibility.
The procedure is based on marriage. A PACS or unmarried partnership does not create entitlement to family reunification under this regime.
Other relatives, such as parents, siblings and adult children, generally need to rely on a different immigration route.
Conditions the sponsor must satisfy
Length and nature of residence in France
The sponsor must have been lawfully resident in France for the qualifying period required by the CESEDA, generally 18 months under the ordinary regime. Different rules apply to some nationalities, notably Algerian nationals under the Franco-Algerian Agreement.
Stable and sufficient resources
The sponsor must show stable and sufficient resources to support the family. The threshold is assessed by reference to the size of the household and the statutory rules in force at the time of the application.
Employment income, pensions and other regular resources may be taken into account. Certain social benefits are excluded from the assessment.
Suitable accommodation
The sponsor must also have accommodation suitable for the family in terms of size, safety and habitability. The authorities may inspect the accommodation during the examination of the application.
Family members covered by the procedure
The spouse
The spouse must be married to the sponsor under a marriage recognised for the purposes of the procedure.
Children
Children must generally be under 18 on the relevant date and must fall within the categories covered by the CESEDA. The administration also examines custody and parental-authority arrangements where the children are not common to both spouses.
Family reunification normally concerns the family unit as a whole, subject to the exceptions recognised by law.
Preparing and filing the application
Documents commonly required
The file usually includes:
- civil-status documents for the sponsor and family members, such as birth and marriage certificates, with any required legalisation, apostille or translation;
- evidence of resources over the relevant reference period;
- evidence of accommodation, such as a tenancy agreement or ownership documents;
- the sponsor's valid residence permit.
Incomplete files can cause substantial delay or refusal. Every document should therefore be checked carefully before filing.
Filing through OFII
The application is submitted through the French Office for Immigration and Integration (OFII) according to the procedure applicable to the sponsor's place of residence.
OFII examines the conditions, may arrange a housing assessment and forwards the file through the relevant administrative process. The statutory framework provides a six-month decision period in the ordinary case, although practical timelines may vary.
The visa stage and arrival in France
After approval
If the family-reunification application is approved, the file is transmitted so that the family members can complete the visa procedure with the competent French consular authority in their country of residence.
Applying for the visa
The family members submit their long-stay visa applications with the required civil-status and identity documents. The consulate may carry out additional checks before issuing the visa.
Formalities after arrival
After arriving in France, the beneficiaries must complete the formalities applicable to their status, including any OFII and ANEF steps and, where required, the Republican Integration Contract.
They may then receive the residence document appropriate to the family-reunification route. This status generally gives access to professional activity under the conditions attached to the permit.
What can be done if the application is refused?
Common reasons for refusal
A refusal must state the grounds relied upon. Common issues include:
- insufficient or unstable resources;
- accommodation that does not meet the statutory requirements;
- issues concerning the family relationship or civil-status documents;
- missing or insufficient supporting evidence;
- public-order grounds.
Available remedies
A request for reconsideration may be submitted to the authority that made the decision, particularly where new evidence can address the stated reason for refusal.
A refusal can also be challenged before the competent administrative court, generally within two months of notification. The precise appeal rights stated in the decision should always be checked.
Conclusion
Family reunification is a demanding procedure requiring the sponsor to satisfy conditions relating to lawful residence, resources and accommodation and to provide a complete civil-status file. A refusal can significantly affect family life, but remedies are available if they are used within the correct deadlines.
Fazolo Avocats assists families with family-reunification applications, refusals and the related visa process.
