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LIVING IN FRANCE

Reader question: Will I need to do a French ‘integration’ class to renew my carte de séjour?

France's new immigration law contains extra provisions for 'integration' - including promising to adhere to French values and attending classes on French history and culture. Here's what they mean for foreigners in France.

Reader question: Will I need to do a French 'integration' class to renew my carte de séjour?
Renewing your carte de séjour residency permit could now have new requirements. Photo by THOMAS COEX / AFP

Question: I read that France will now be requiring foreigners to sign a contract promising to respect French values, and to take civics classes – does that mean I will have to do that when I next renew my carte de séjour?

The short answer to this is – maybe, it depends on the type of card you have and what change you’re hoping to make.

Here’s the longer answer;

France’s new immigration law, passed back in January, brought in three main changes for foreigners in France – language tests, a contract promising to ‘respect the values of the French republic’ and expanded classes in civics (French culture, history and values).

Language tests

Undoubtedly the biggest change for most people is the language tests – we have covered this topic extensively HERE.

Contracts 

Then there is the Contrat d’engagement au respect des principes de la République française – which is a promise to respect the ‘values of the French republic’ such as personal freedom, freedom of expression and equality between men and women.

In practical terms, this is just a form that you will need to sign as part of the application process for a visa or residency card – you can find full details on exactly what you’re agreeing to respect HERE.

This applies to all types of visa and residency card, including renewals. It is not yet in force, but is expected to come into effect later this year.

Classes

Then there are is the contrat d’intégration républicaine (CIR), which has a confusingly similar name. This involves extra courses in civics and language that certain groups can be required to attend.

The CIR is a lot more than just signing a form, you also agree to take several hours of classes – but the key thing is that many groups are exempt from this requirement.

The immigration law doesn’t actually change who is required to sign the CIR and do the classes, it just expands the scope of the classes themselves and adds a test at the end.

These don’t apply to people applying for visa, it’s only when you get your residency permit – carte de séjour/titre de séjour – that you may be required to meet with OFII (the French office of immigration and integration) and take the classes.

Exemptions – Let’s start with exemptions – if you are applying for or renewing any of the following carte de séjour types you do not need to do the classes; 

  • Visitors (carte de séjour temporaire “visiteur”)
  • Students (carte de séjour temporaire portant la mention “étudiant”)
  • Trainees/interns (carte de séjour temporaire portant la mention “stagiaire”)
  • Temporary workers (carte de séjour temporaire portant la mention “travailleur temporaire”)
  • People who were born in France and have resided here for at least eight years (you fall under the jeune étranger né en France status of the carte de séjour temporaire portant la mention “vie privée et familiale”)
  • People with serious illness (you fall under the ‘étranger malade‘ category of the carte de séjour temporaire portant la mention “vie privée et familiale”)
  • Seconded employees and their families (carte de séjour pluriannuelle portant la mention “salarié détaché”)
  • Seasonal workers (carte de séjour pluriannuelle portant la mention “travailleur saisonnier”)
  • Talent passport holders and their families (carte de séjour pluriannuelle portant la mention “passeport talent”)
  • People who completed at least three years of French secondary school or one year of higher education in France
    EU/EEA/ Swiss nationals
  • Holders of the post-Brexit Article 50 TUE carte de séjour
  • People who qualify for the carte de résident due to service in the French foreign legion or military

So who does have to do the classes? – The new law does not change who has to sign the CIR (and by extension, agree to take the classes), certain groups have always been required to do this, including;

  • Workers on a salarié carte de séjour
  • Self-employed people on a entrepreneur/profession libérale status
  • Certain groups on the ‘vie privée et familiale‘ statuses, including parents of French minors and foreign spouses and partners (PACs) of French nationals.
  • Applicants for the carte de résident de longue durée-UE card, which is given to people after five years of residency in France
  • Refugees

You only have to sign the CIR and take the assigned courses once, and the certificate then applies to all future card applications and renewals. 

How to access the classes

In most cases, people do the classes shortly after arriving in France when they request their first carte de séjour (usually after three months of residence, although it can be longer for different card types).

It is part of the general summons by the OFII which can also include language classes and a medical test.

OFII: Your questions answered on France’s immigration office

However if you are swapping from a card type that is exempt onto a card type that is not exempt you may also have to do them – for example if you apply for the carte de résident de longue durée-UE after five years of residence and were previously on a ‘visiteur’ card.

In this case you won’t receive a summons from OFII, you will need to contact them and request the relevant form. You will be called to an interview and from this interview they will decide whether you need to do the classes or not – it depends on your level of French and whether you can demonstrate that you are integrated into French society and understand French values.

In the case of the carte de résident de longue durée-UE, the opinion of your local mayor or commune can be taken into account – so if you know your mayor you could ask them to write an attestation stating that you are well integrated into local life, which may help.

So that’s the long answer – we did warn you. 

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VISAS

Ask the expert: What are the French immigration laws for ‘pacsé’ couples?

The French civil partnership known as Pacs is an alternative to marriage - but the situation is complicated if you're hoping to get a French visa or residency permit through being pacsé with a French or other EU national, as immigration lawyer Paul Nicolaÿ explains.

Ask the expert: What are the French immigration laws for 'pacsé' couples?

In a 2018 judgement, the Conseil d’Etat, France’s highest administrative Court, put an end to a long-running controversy as to whether or not an individual, signatory of a civil partnership under French law (Pacs) with a European citizen could be considered as a family member of the latter and therefore benefit from favourable EU regulations on immigration.

One of the core principles of the European Union has always been to facilitate the movement of European citizens within the territories of the Member States. And obviously, expatriation is a much more attractive option if family members are allowed to remain united without time limit and with rights equivalent to those of local citizens.

These assumptions form the basis of the European directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

This regulation gives a precise definition of a “family member” that includes the spouse, the descendant, the ascendant in a state of dependance, and also “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State”.

In other words, if a civil partnership, implemented by an EU Member State such as France, confers on its signatories the same status and the same rights and obligations as a marriage contracted in the same country, then civil partners must be considered as spouses under the EU aforementioned directive, and therefore benefit from the right to move and reside freely within the EU.

Quite logically, the issue was raised concerning the French civil partnership implemented in 1999 and called Partenariat civil de solidarité (Pacs).

After all, Pacs and marriage have in common the same obligation of common life, a commitment to mutual material support and the same consequences on taxes. In the meantime, unlike marriage, Pacs contracts have little to no effect on parentage, nationality, property, and inheritance and are much easier to rescind.

READ ALSO What are the differences between Pacs and marriage?

The first answer given to that question by the French legislative power in 2006 was that Pacs and marriage were not equivalent.

In the following years however, several administrative Courts have ruled otherwise, in contradiction with French national law, and considered that the most important aspects of a Pacs contract make it roughly similar to a civil marriage.

The final word belonged to the Conseil d’Etat, France’s highest administrative Court, which in 2018 overturned this position and definitely ruled that, due to the essential differences between Pacs and marriage, only married spouses are considered family members under EU law.

In practical terms, the main outcome of this legal controversy is that non European nationals cannot apply for a French visa or residence card as family members of an EU citizen, simply due to the fact that they signed a Pacs contract with an EU national.

Of course, other solutions exist for them but, undoubtedly, they do not benefit from EU law and remain under a much less favourable status than spouses of EU citizens residing in France.

READ ALSO What type of French visa do I need?

Their main option is to apply for a residence card under the status vie privée et familiale (private and family life), but in this case préfectures require the proof of a stable and continuous common life of at least one year.

If you find yourself in this situation, be careful to submit your application file through the appropriate procedure. Any confusion, even due to the préfecture itself, could induce frustrating delays and put you in a precarious situation.

Paul Nicolaÿ is a French lawyer based near Paris and specialising in French immigration and nationality law – find his website here.

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