The right of residence of a foreign national in France may be called into question when it transpires that their family has joined them outside the legal framework for family reunification. This situation may result in the withdrawal of the holder's multi-year residence permit, even if it was issued in accordance with the Code on the Entry and Residence of Foreigners and the Right of Asylum (CESEDA). The letter we are analyzing here, issued by the Morbihan Prefecture, clearly illustrates the implementation of this procedure.
Legal basis for withdrawal
Article L.423-19 of the CESEDA expressly provides for the possibility for the administration to withdraw the residence permit of a foreign national in the context of family reunification:
"The residence permit of a foreign national who does not fall into the categories mentioned in Articles L. 631-2, L. 631-3 and L. 631-4 may be withdrawn if the holder has brought his or her spouse or children to France outside the family reunification procedure. "
Thus, once family members have entered France outside the legal procedure, the prefect may initiate a procedure to withdraw the residence permit initially granted to the spouse or parent.
Summary of the facts (real example)
In the case in question, a foreign national entered France legally on December 21, 2020. He obtained a multi-year residence permit valid from December 1, 2021, to November 30, 2025, on the basis of Article L.421-2 of the CESEDA.
However, on November 6, 2024, he submitted an application for family reunification for his child, born of his union with a foreign national who remained in her country of origin. However, the administration found that the child had already been in France illegally since December 21, 2021, without the reunification procedure having been followed.
The Prefecture therefore considers that the holder allowed or facilitated the illegal entry of his daughter into the country, which constitutes grounds for withdrawing her residence permit.
Contradictory procedure provided for
The withdrawal of a residence permit can only be decided after an adversarial procedure, in accordance with Articles L.121-1, L.121-2 and L.122-1 of the Code of Relations between the Public and the Administration (CRPA).
In this context, the administration:
Informs the foreign national in writing of its intention to withdraw the permit.
Invites the person concerned to submit their comments, in writing or orally, within 10 days.
Specifies that if the procedure is continued, the residence permit commission will be consulted for an opinion.
Indicates that the person concerned may be assisted by a lawyer or representative (attorney, agent).
This procedure guarantees the right of defense and allows the person concerned to present their personal and professional arguments.
Decision and consequences
If the administration continues the procedure after examining the comments, it may decide to withdraw the residence permit, which may be followed by:
An order requiring the person to leave French territory (OQTF).
A ban on returning to France (IRTF), in certain cases.
The foreign national may then challenge these decisions before the administrative court, within a time limit that varies depending on the nature of the decision.
Analysis and precautions to take
This type of situation highlights the importance of strictly complying with family reunification procedures before any plans are made to bring family members to France. It is essential to:
Do not bring your spouse or children to France by any means other than family reunification, except in cases of legal exemption (international protection, “private and family life” visa in the case of legal entry, etc.).
Inform the prefecture of any change in family circumstances.
Check that children and spouses, even minors, are legally resident.
Support from FB Avocat
FB Avocat, experts in immigration law, family and professional immigration, will assist you with all family reunification procedures and defend you in the event of proceedings to withdraw your residence permit.
We act on behalf of our clients in informal appeals, appeals to higher authorities, and litigation, particularly before the administrative court, in the following cases:
Withdrawal of residence permits
OQTF
Family reunification outside the legal framework
Irregular entry of a child or spouse
Refusal of a long-stay visa for family reunification
We work with all prefectures in France, including: Paris, Bobigny, Nanterre, Créteil, Versailles, Lyon, Marseille, Bordeaux, Toulouse, Lille, Nantes, Strasbourg, Rennes, Nice, Montpellier, Dijon, Caen, Besançon, Clermont-Ferrand, Grenoble, etc.
We will quickly assess your situation and take action to protect your rights and secure your family's future in France.
Contact us:
FB Avocat
11 rue Galin, 33100 Bordeaux / 7-11 place des Cinq Martyrs, 75014 Paris
09 85 40 18 64
Corresponding law firm in Dakar – LegalField SN
14 rue Woro Fila, Fann Hock, Dakar
+221 77 173 69 05
Don't let a procedural error jeopardize your future in France. Protect your rights with high-quality legal support.
