Our client is a Moroccan national with several years' experience as an agricultural worker in Morocco. Her profile was spotted by a company based in the Lot-Et-Garonne region.
The company took steps to obtain a work permit for salaried employment on a permanent basis. The authorization was granted.
The applicant therefore applied for an employee visa to join her employer.
To her great surprise, by decision dated September 15, 2022, the French consulate in Casablanca refused her, stating:
⁃ there is a risk of diverting the purpose of the visa for the purposes of illegally remaining in France after the visa expires to carry out illicit activities.
⁃ the information provided to justify the conditions of the stay is incomplete or unreliable.
We therefore appealed to the Commission de Recours contre les décisions de Refus de Visa. The latter confirmed the consulate's refusal, pointing out that our client had no qualifications or professional experience in the job for which she was being recruited, and that her file was incomplete as she had not provided an employment contract duly signed by both parties.
We therefore appealed to the Administrative Court of Nantes to contest these arguments.
In our appeal, we justified that our client met all the conditions to be able to come and work in France :
⁃ the work permit was duly issued. She has all the skills and professional experience required for the job.
⁃ the purpose of the visa is clear and cannot be misused.
In short, that the decision of the Commission de Recours was illegal.
The Nantes Administrative Court, by decision dated February 9, 2024, rightly annulled the CRRV's decision and enjoined the Ministry of the Interior to issue the applicant with a visa within 2 months.
Contact
E-mail : contact@fatoubabouavocat.com
Phone : +33 9 85 40 18 64
