Verify my eligibility for French residency rights
This questionnaire has been designed to help you determine the reasons or “fondements” that could…
Residency rights for partners of people who benefit from international protection and experience domestic violence
Partners of people who benefit from international protection can retain their residency rights when they stop living with their partner if they have experienced domestic violence.
Verified by FNCIDFF on 06/10/2023
Conditions
You have to meet these two conditions:
- You have a residence permit or “titre de séjour”, as a the partner of a beneficiary of international protection, whether your partner is as a:
- refugee
- beneficiary of subsidiary protection “protection subsidiaire”
- or has a stateless status or “apatride”.
- You have experienced domestic violence or family violence since arriving in France and no longer live with your partner.
Applicable law: Articles L.424–7, L.424–16 and L-424-20 of the “CESEDA”.
Evidence to provide
You will need to provide evidence of violence at the time of the application.
The local French administrative authorities responsible for examining the applications for residence permits known as the “préfecture” will review the evidence before deciding whether to approve your application or not.
What evidence should I provide?
Violence can be proven by any means.
Collect any evidence in your file that might be useful, for example:
- the document provided after a formal complaint has been filed, known as a receipt of complaint or “récipissé de plainte”
- an official document reporting the violence to the police, known as a log or “main courante”
- witness statements
- a medical certificate
- a document proving that you are assisted by an organisation offering free services or “association” specialised in supporting people who have faced domestic violence
- the record of the penal conviction of the perpetrator of the violence, or an alternative penalty to prosecution
- an divorce issued for-fault called a “divorce pour faute” on the basis of domestic violence
- any other evidence you can think of.
The “préfecture” does not have the right to request a specific type of proof of violence. It is therefore not allowed to refuse your application on the grounds that a specific evidence is missing.
Type of “titre de séjour” or residence permit issued
-
Your resident card or “carte de résident” cannot be withdrawn if you leave your partner and have been the victim of domestic violence.
On expiry, it will be renewed even if you no longer meet the conditions for it being granted in the first place.
-
Your resident card “carte de séjour” cannot be withdrawn if you leave your partner and have experienced domestic violence.
On expiry, it is recommended that you contact an organisation offering free services known as an “association” to help you determine which residency rights you might be entitled to, based on your situation.
If you have filed a complaint against the perpetrator of the violence and the proceedings are still ongoing, you should inform the “prefécture” when you apply for your renewal. They might take it into account when considering your application, even if they are not obliged to by law.
Algerian citizens
In principle, these provisions do not apply to Algerian citizens, because their immigration status in France is governed by a bilateral agreement.
However, the local French administrative authorities responsible for examining applications for a “titre de séjour”, known as the “préfecture”, might still decide to allow you to benefit from this if you have experienced domestic violence.
It is therefore recommended to highlight the fact that you have experienced domestic violence and provide any supporting evidence in your application.
Find support
In France, there are many services that can support you, give you advice, and assist you with procedures and paperwork. Most of them are free of charge.
-
“La Cimade” is an organisation that specialises in supporting all immigrant and migrant people, and refugees in France, particularly people facing violence.
- This service is free of charge.
- They will be able to inform you and support you in your administrative procedures related to the right of residence in France, and direct you to other services depending on your personal situation.
- Languages available: French, English and Spanish.
- Contact :
- without an appointment at a centre near you
- by telephone on 01 40 08 05 34 or 06 77 82 79 09 on Wednesdays from 9:30 a.m. to 1:30 p.m. and from 2:30 p.m. to 5:30 p.m.
-
“Gisti” is an organisation specialising in legal advice to immigrants and refugees in France.
- This service is free of charge.
- They will be able to inform you about your rights relating to your residency rights and explain how to obtain them.
- Language available: mainly French.
- Contact:
- By phone on +331 84 60 90 26 from Monday to Friday from 3 p.m. to 6 p.m. and also from 10 a.m. to 12 p.m. on Wednesday and Friday. The line is sometimes saturated, do not be discouraged. It is sometimes easier to reach them towards the end of the day.
- By post to “Gisti, 3 villa Marcès 75011 Paris, France”. Print and complete this form and include in your letter with a photocopy of any administrative documents that could be relevant. Be sure to specify your question as clearly as possible, including all elements that could help the “Gisti” advisor to understand your situation.
-
“Associations” are organisations that offer various services. Some are specialised in immigration.
- These services are free of charge.
- They can inform you about your rights in France, and sometimes support you with immigration procedures.
- Language available: mainly French.
- Contact: you can search by region and department in this directory.
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Authorised associations or “associations habilitées” can offer highly specialised services to asylum seekers.
- These services are free of charge.
- They can inform you about your rights, advise you, support you in your administrative procedures and come with you to your meeting with the French Office for the Protection of Refugees and Stateless Persons or “Office français de la protection des réfugiés et des apatrides (OFPRA)”.
- Language available: mainly French, interpretation possible.
- Contact: you can find a “associations habilitées” near you in this directory.
While the utmost care has gone into providing you with the most accurate and up to date information, this page is not intended to replace legal or professional advice. Laws and procedures change regularly so it is important to consult qualified professionals.
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