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US students ‘in limbo’ over delays to French visas

American students have told of their frustration at being unable to get visas processed, in spite of French government reassurances that they would be prioritised.

Published: 19 August 2020 15:00 CEST
US students 'in limbo' over delays to French visas
US students hoping to start courses in France in September are still in limbo over visas. Photo: AFP

With people still largely banned from travelling from the USA to France, one exception to the travel ban is US students, who the French government says it wishes to welcome to start courses in September.

France is a major destination for American students and the country is keen to maintain and expand its international student programmes.

Foreign Minister Jean-Yves Le Drian said: “In view of the stakes involved in making universities attractive, international students will be allowed to come to France, regardless of their country of origin, and the arrangements for their reception will be facilitated.

“Their applications for visas and residence permits will be given priority.”

But in spite of his warm words, many American students have reported that they are unable to get visas.

Non-European students are required to get a student visa from the French consulate in their home country before they travel, so if the visa is not processed in time for term starting, they miss out.

Dozens of students have contacted The Local to say they been waiting for weeks for visas to be processed and are unable to get answers from the French consulate.

Many have had to rebook flights several times, as well as rebooking the Covid-19 tests that are now mandatory for all travellers from the USA and must be taken within 72 hours of travel.

READ ALSO Last-minute Covid tests and surgical masks – what to expect when flying from USA to France

Many students have had to rebook flights several times because of the visa delays. Photo: AFP

Faith Lewis, from California, is due to start an international business degree at Université Paris Dauphine.

She said: “I applied for my student visa at the VFS office in San Francisco on July 2nd. Of all the applicants I have spoken to, I was by far the first to submit my visa application, so it's been particularly worrisome that I have had no news.

“I have rebooked my flight three times and my Covid test twice. The cost for a one way flight from Sacramento to Paris was over $800 when I first booked (keeping in mind I can usually get a one way flight to Paris around $300 from the nearby SFO airport). It only gets more expensive every time.

“I have called and emailed the consulate in San Fransisco and Washington DC, VFS, and Campus France and no one has or is willing to give me any information. VFS and Campus France defer to the consulate. The consulate does not accept phone calls and sends out a standardised form response to any email.”

Leah Kim has a place at Campus Langues to study French starting in September.

She and many of her fellow languages students are also still waiting on visas. She said: “Clearly, there is a huge delay in this process for reasons we cannot understand.

“It's as if all our visa applications are just on hold at the consulates. We've had news of a couple rejections but zero approvals.

“Some of us have been waiting 6 to 7 weeks now with no end in sight and the fall 2020 school year is right around the corner. Due to this delay, many of us have already rebooked expensive flights and hard-to-get PCR Covid tests multiple times.”

READ ALSO LATEST: Who can travel from USA to France?

The Local has approached the French consulate in Washington DC for comment.

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READER QUESTIONS

Does it help with moving to France to be married to a French person?

If you’re a citizen of a country outside the European Union, moving to France to live is administratively much more difficult – but are there any advantages to being married to someone who is French?

Published: 30 May 2024 11:26 CEST
Does it help with moving to France to be married to a French person?

You’ve met, fallen in love with and married a French citizen. Congratulations. 

Unfortunately, that doesn’t give you an automatic right to French citizenship, or even – necessarily – the right to live in France. You will still have some bureaucratic hoops to jump through, even though the process is a little bit less complicated.

You’ll also benefit from having a native French speaker on hand to translate the various forms for you – although unless your Frenchie is actually a lawyer, don’t assume that they are knowledgeable about French immigration law, most people know very little about the immigration processes of their own country (because, obviously, they never have to interact with them). 

Visa

If you were living in France when you did the marriage deed, you’ll have already done the visa thing, anyway. But if you married outside France, and have never lived in France, there are still things to do, including – and most pressingly – getting a visa.

The thing is, being married to a French person isn’t quite the live-in-France carte blanche that some people may think – you still need to go through the visa process and gather documents including your marriage certificate and proof of your spouse’s French nationality.

The main benefit is that anyone who is married to a French citizen can apply for a family visa (sometimes known as a spouse visa). This allows you to come to France without a job and it gives you the right to work.

Residency card

Once you have legally moved to France you can apply for a carte de séjour vie privée et familiale. 

Once your visa (which normally lasts for one year) is nearing expiration, you can apply for the multi-year private and family life residence permit.

You must meet the following conditions  :

  • You must share a common address with your spouse – except in particular circumstances (the government website mentions death of your spouse, or in cases of domestic violence);
  • Your spouse must be French on the day of the wedding and must have retained French nationality;
  • You cannot be married to more than one person;
  • If your marriage was celebrated abroad, then it must be transcribed in the civil status registers of the French consulate so that it is recognised in France.

In either case, you must apply for this document, no earlier than four months and no later than two months before the expiry date of your existing residence document (visa, VLS-TS or permit).

The usual list of reasons for refusal apply: if you have failed to comply with an obligation to leave the country (OQTF); if you have committed forgery and use of false documents; if you have committed a serious criminal offence; if you have committed acts of violence against elected officers, or public officials.

Additional information is available, in French, here. 

The situation is a little different for people who initially entered France without a long-stay visa. Usually, this applies to those from countries who do not benefit from the 90-day rule and are required to get a short-stay visa to enter France. If this is your situation, then when applying for your carte de séjour you will need to prove;

  • You are not living in a state of polygamy;
  • You are married to a French national with whom you have lived together for 6 months in France.

In this instance the first carte de séjour vie privée et familiale will be issued for a year.

Citizenship

Citizenship by marriage is a ‘right’ in the same way that children born in France to foreign parents have a right to be a citizen through the ‘droit du sol’. Yes, it exists – but there are rules, and it’s not automatic.

Applying for citizenship via marriage involves applying for something known as citizenship par Déclaration. This is, arguably, the more simple of the processes available to adults.

It works to the theory that citizenship via marriage is ‘a right’. That, however, doesn’t mean that citizenship will be handed out automatically – there are a number of conditions that you must fulfil, including having a reasonable level of French, and if you either don’t fit the criteria – or, more accurately, do not provide sufficient proof that you do fit the criteria you can and will be rejected.

READ ALSO Are you entitled to French citizenship if you are married to a French person?

If your spouse divorces you, or dies while you are still going through the process then your application may be no longer valid. Equally, if you get divorced within a year of getting French citizenship it’s also possible (although rare) for your citizenship to be annulled.

Divorce

Yes, we’re spoilsports but people who get married do sometimes get divorced and if you are in France on a visa or residency card that is linked to your marital status then getting divorced can affect your right to stay.

This doesn’t mean you will automatically be kicked out of the country if you split up. In most cases it’s simply a question of applying for a new residency permit in your own right – whether you are working, studying or retired.

If you have minor children in France then you have the right to stay even if you don’t meet the criteria for any other type of residency permit.

You can find full information on how to change your status in case of divorce HERE.

What about children?

Any child born to a French citizen has the right to claim nationality, whether or not they were born in France. So, whether you’re French or not has no bearing on that particular situation.

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