Ministry carte de séjour list – translated

In May the Interior Ministry sent prefectures a reminder of documents required for carte de séjour applications (see here); we have translated it into English for our readers.

The following is Connexion’s translation of the Interior Ministry’s latest list in French of documents required for carte de séjour applications.

Items which are ticked on the original ministry list are shown here with an asterisk (*) and indicate a document that the ministry says is obligatory in all situations, whereas unmarked items may be obligatory depending on the situation of the applicant.

References to CESEDA refer to an important immigration law: Code de l'entrée et du séjour des étrangers et du droit d'asile  The original French list also includes some ‘Agdref’ codes. These refer to an Interior Ministry database of information about applications from foreign immigrants to France.

 

Interior Ministry, May 2, 2018

 

List of documents required as proof for issuing a residency card

 

Citizens of the EU, EEA, Switzerland and members of their family

 

The foreign national must bring the originals, accompanied by a copy, of the following documents:

 

1 . DOCUMENTS REQUIRED FOR EVERYONE

 

*Valid identity card or passport

*Proof of home address: this can be provided by any means of the applicant’s choice

* 3 recent passport-sized photographs, done according to official requirements, for example in an accredited booth with the French Republic’s logo or by an accredited professional (original photos, not photocopies or print-outs)

 

2 . DOCUMENTS SPECIFIC TO THE CARD REQUESTED

 

2.1. Employees (art. L. 121-1 1° of the CESEDA)

Proof of work: declaration of appointment / employment form (CERFA n° 65-0056 – this is for posted workers in the EU) or a certificate of employment drawn up

by the employer, specifying the number of hours worked

 

Special case: in the event of termination of work, provide proof of continued entitlement (art. R. 121-6 of the CESEDA). This may be a certificate of incapacity for work; or a certificate of termination of employment or a letter of dismissal accompanied by a certificate of registration at Pôle Emploi and specifying in all cases the duration of employment; or a certificate showing the applicant is doing a training course.

 

2.2 Employees: citizen of an EU state subject to a transitional regime [this does not apply to Britons. It relates to citizens of states that recently joined the EU, to whom other EU states may opt to apply restrictions on free movement rights for up to seven years].

 

2.3 Self-employed work (art. L. 121-1 1° of the CESEDA)

*Proof of work: Any document relating to the legal, effective and durable nature of the work. Depending on the nature of the work, this may include proof of: being registered on official business registers (eg. RCS for commercial firms or répertoire des métiers for trades), membership of professional bodies and social security bodies, insurance policies, official report of being appointment to a leading role in a company (procès-verbal de nomination), professional leases, invoices for purchase of equipment, sales contracts, service contracts, turnover declaration form, book of takings and purchases, etc.).

 

Special case - In the event of cessation of work the applicant should provide proof of continued entitlement (article R. 121-6 of CESEDA): either a certificate of incapacity for work; or a certificate showing the person is undertaking training accompanied by a certificate of termination of work specifying the conditions of such termination.

 

2.4. 'Inactive' person (art. L. 121-1 2° of CESEDA) – ie. those not working and not looking for work, including retirees

*Proof of health insurance: proof of cover by health insurance and, if applicable, maternity cover. (Note: for the first year of stay, the European Health Insurance Card or a European form proving the applicant is still covered by the country they came from, is acceptable).

*Proof of financial means: any document that makes it possible to prove the reality of the applicant’s means and the length of time that such means will be available: bank statements, pension slips, etc. (Note: amount required is equivalent to RSA [under 65] or [65 and over] ASPA, calculated according to the composition of the family).

 

2.5. Student (art. L. 121-1 3° of CESEDA)

*Proof of studies: certificate of enrolment in an accredited institution, or a student card

*Proof of health insurance: proof of cover by health insurance and, if applicable, maternity cover. (Note: for the first year of stay, the European Health Insurance Card or a European form proving the applicant is still covered by the country they came from, is acceptable).

*Proof of financial means: declaration or any other equivalent means left to the person’s choice, guaranteeing that he or she has for him or herself and, if applicable, family members, sufficient means to support themselves (no set amount is specified).

 

[the ‘special case’ noted here in the French document is not applicable to Britons in France]

2.6. Spouse of an EU citizen, or direct ascendant (eg. parent) or descendant (eg. child) of an EU citizen or of his/her spouse (art. L. 121-1 4° and 5° of the CESEDA)

 

*Proof of family link: marriage certificate, or birth certificate showing family relationship, or birth certificate of a descendant who looks after the applicant (documents corresponding to the situation at the time of the application).

*Proof of the right of residence of the EU citizen the applicant lives with: as applicable to the category to which the EU citizen belongs [could include their carte de séjour if they already have one].

 

Special case 1: Proof of maintenance of rights (in the event of a change in family situation: art. R. 121-7, 8 and 9 of CESEDA) depending on the situation:

  • Death certificate, divorce decree or marriage annulment decision; proof relating to the departure from France of the person the applicant was living with, schooling certificate of for children...
  • Personal right of residence: the family member must be in one of the situations in points 2.1, 2.2, 2.3, 2.4 or 2.5.
  • For third country nationals (only for renewal of a card): additional documents to be produced: court decision or document relating to the parents' agreement regarding custody of or visiting rights with regard to the children, main courante [report of facts to the police] or court decision (in cases of domestic violence), proof of residence (rent receipts, electricity bills, residential charges bills, etc.).

 

[Special case 2: Not applicable to Britons in France]

 

2.7. Other family member or partner of an EU citizen (art. R. 121-4-1)

 

*Proof of family relationship: birth certificate, PACS certificate, certificate that a PACs has not been dissolved, certificate of equivalent foreign partnership [such as British civil partnership], certificate of non-dissolution of the foreign partnership, certificate of cohabitation

*Proof of the right of residence of the EU citizen the applicant lives with: as applicable to the category to which the EU citizen belongs

For family members who are dependents of the EU citizen or members of his/her household or who are seriously ill: any document proving material and financial support provided by the host in the country where the family originates from or came from, such as documents from state or private bodies (social services, tax office, banks, insurance, social protection etc) or private persons (statements, letters etc), establishing the reality of the support provided or life within the household; medical certificates establishing the seriousness of the family member's state of health.

For civil and cohabiting partners: supporting documents establishing common life (civil partners: at least 1 year; cohabitation: at least 5 years): any documents sent jointly to the couple, such as bank statements, tax documents, insurance certificates, joint loan certificates...

 

2.8. Permanent residency (art. L. 122-1 of CESEDA)

 

FIRST REQUEST

*Proof of continuous residence for 5 years: one document per half-year period proving continuous residence in France: rent or building charges receipts, utility bills… (if you have been away for periods of between six months and a year continuously, then justify why with evidence of having been posted abroad for work, having done training abroad, having done military service [‘military obligations’ abroad are acceptable whatever length of time], a medical certificate explaining a health reason etc.).

*Proof of having been legally resident in France during the previous five years: as for the other kinds of card, depending on your situation (see previous sections)

 

Special case 1: students : evidence of having had means to support yourself for the last five years : bank statements, statement of account balance etc…

 

Special case 2: exceptions from the requirement of 5 years' prior residence (Article R. 122 4)

  • Retirement or early retirement: certificate of employment or work covering the last 12 months (including periods of involuntary unemployment, periods of involuntary cessation of work and absence from work or leave due to illness or accident); proof of legal residence for over three years
  • Permanent incapacity to work: proof of incapacity and of right of residence for more than 3 years or proof of incapacity resulting from an accident at work or an occupational disease entitling the holder to payments from a social security institution 
  • Cross-border workers: proof over a three-year period of work in another EU Member State and continued habitual residence in France (returning at least once per week).

 

RENEWAL

*A declaration on honour by which the applicant certifies that he/she has not been absent from France for more than two consecutive years since the acquisition of the right of permanent residence (except in the exceptional cases of prolonged absence provided for in Article R. 122-3, ie. military service, posted work etc).

If necessary, any document proving the continuous stay: rent or building charges receipts, invoices, certificates of employment, pension certificates...

 

2.9. Permanent residence of a family member of an EU citizen (art. L. 122-1 of CESEDA)

 

FIRST REQUEST

*Proof of the continuity of residence of the family member for 5 years: receipts for rent or charges, invoices, bank documents, tax documents etc. (one document per six-month period).

 

Special case 1: acquisition of the right of permanent residence before 5 years (cf. art. R. 122-5):

  • In the event of the death of working host EU citizen: death certificate, certificate relating to the host’s employment, certificate of work accident or occupational disease; proof of the host’s right of residence as a worker
  • In the event of the host worker acquiring the right of permanent residence

 

Special case 2: prolonged absence from France for one of the reasons provided for in Article R. 122-3 : employment certificates, training certificates, military certificates, medical certificates...

 

*Proof of the right of residence of the host EU citizen during the previous 5 years

 

Special case 3: in case of maintenance of the right of the family member provided for in articles R. 121-7 or 121-8 (such as the death of their host, divorce etc.) :

  • Documents listed for special case 1 in section 2.6
  • Proof of the right of residence of the family member during the period of residency using the same supporting documents as those that would be required by an EU citizen (see relevant sections above)

*Proof of family link: marriage certificate, or birth certificate showing family relationship, or birth certificate of a descendant who has been looking after the foreign national, as applicable (documents corresponding to the situation at the time of the request)

 

RENEWAL

*A declaration on honour by which the applicant certifies that he or she has not been absent from France for more than 2 consecutive years since the acquisition of the right of permanent residence (except in cases of prolonged absence provided for in Article R. 122-3)

If necessary, any document proving the continuous stay: receipts for rent or charges, invoices, certificate of employment, pension certificates...

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