A non-european union citizen is obliged to get a « Carte de Séjour » (or « Titre de Séjour ») » if he wants to stay in France for a period longer than three months.
Most of the time, the application for a residence permit is handled by the Préfecture (the administrative headquarter in each french county).
The Préfecture is obliged to register the application file for a residence permit if the file is full (which does not mean it is obliged to grant the residence permit : it must take the file and examine it, then it makes its decision freely, within the limits prescribed by law).
When the Préfecture register the application for a residence permit, it sends abroad a receipt that can be present to the police in case of identity check.
The Prefecture's response:
- Either the answer is positive, which is not worthy of specific developments.
- Either the answer is negative, which requires to appeal against the refusal of a residence permit.
The appeal against the refusal of a residence permit :
Most of the time, several décisions are included in the refusal of a residence permit :
- The rejection of the application for a residence permit;
- The OQTF (obligation de quitter le territoire français) which is an obligation for the foreigner to leave the French territory within 30 days ;
- The determination of the “destination country” (that is to say, the country where the alien will be deported by the authorities);
- The determination of the period granted to the foreigner in order to give him the possibility to leave voluntarily the french territory ;
- An injunction banning the foreigner from French territory during at most 3 years.
The appeal against such decisions must always be made within 48 hours or 30 days (depending on the circumstances) after notification.
The Court renders a judgment within 5 days or approximately 3 months (depending on the circumstances) .
The appeal against the refusal of a residence permit is “suspensif”, which means that the foreigner can not be deported until the Court has render its judgement.
Do not hesitate to contact me if you need any help to file an appeal against the decisions you may received (email@example.com)