Article L. 423-6 of the Code on the Entry and Stay of Foreigners and the Right of Asylum, in force since May 1, 2021, sets out the conditions under which a foreign national married to a French citizen may be issued with a ten-year residence permit. This measure represents a major step forward in the process of stabilizing the residence status of foreign spouses in France.
1. Conditions for issuing a residence permit
The issuance of a residence permit is subject to the cumulative fulfillment of several strict conditions.
First, the foreign national must have been married to a French national for at least three years. The marriage must be legally valid and, if it took place abroad, must have been previously transcribed in the French civil registry.
In addition, the applicant must provide proof of legal residence in France for at least three years. This requirement implies continuous possession of valid residence permits during this period.
The spouses must have lived together continuously since their marriage. The authorities assess this condition on the basis of concrete evidence such as living under the same roof, joint tax returns, proof of residence, or statements from relatives.
Finally, the spouse must have retained French nationality at the time of the application.
2. The requirement of republican integration
The issuance of the residence card is also subject to compliance with the conditions of republican integration provided for in Article L. 413-7 of the CESEDA.
This integration is reflected in particular by:
- sufficient knowledge of the French language;
- adherence to the principles and values of the Republic;
- compliance with the obligations resulting from the republican integration contract.
The administration may refuse to issue the card if these conditions are not met, even when the other criteria are fulfilled.
3. Possible withdrawal of the card in the event of a breakdown in cohabitation
Article L. 423-6 provides that the residence card may be withdrawn in the event of a breakdown in cohabitation. However, this withdrawal is only possible within a maximum period of four years from the date of the marriage.
This mechanism aims to combat marriages of convenience, while strictly limiting the administration's power in terms of time.
4. Protections against the withdrawal of the residence card
The legislator has introduced several protective exceptions for the benefit of foreign spouses.
Firstly, when the couple has separated due to the death of one of the spouses, the authorities cannot withdraw the card on these grounds.
Secondly, no withdrawal measure can be based on the breakdown of the relationship when it is the result of domestic or marital violence. This provision is an essential safeguard for victims of violence, regardless of their administrative status.
Finally, when children are born of the union, the administration cannot withdraw the card on the grounds of the breakdown of the relationship if the foreign national who holds the card can prove that they contribute effectively to the maintenance and education of the children, in accordance with Article 371-2 of the Civil Code. This contribution must be real, continuous, and demonstrated by objective evidence.
5. Scope and practical implications of Article L. 423-6
Article L. 423-6 gives the spouse of a French national a stronger right of residence, allowing them to obtain a ten-year residence card, which is synonymous with administrative and professional stability. However, this right remains subject to strict conditions and rigorous assessment by the administration, particularly with regard to cohabitation and republican integration.
The preparation of the application and the anticipation of the risks of refusal or withdrawal require a precise legal analysis and methodical preparation of supporting documents.
In this context, FB Avocat assists spouses of French nationals with their applications for residence permits, renewals, and appeals, ensuring the security of their residence and the protection of their rights.
Our contact details:
📍 11 rue Galin, 33100 – Bordeaux
📧 contact@legalfb-avocat.com
📞 +33 9 85 40 18 64
🌐 www.fb-avocat.net
