Residency rights for people married to a French citizen and who have experienced domestic violence or a polygamous situation

You will need to meet two conditions:

• You came to France or you obtained residency rights in France because of your civil marriage to a person of French nationality, i.e. as a “conjoint de Français”.
• After you arrived in France, you experienced domestic violence or found yourself in a polygamous situation.

Applicable law: Article L.423–5 of the “CESEDA”.

You will be required to provide evidence of domestic violence or polygamy when you make your application.

The local French administration responsible for examining applications for residence permits or “titre de séjour”, known as the “préfecture”, will examine the evidence before approving your application or not.

What evidence should be provided in the case of violence?

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.

What evidence should be provided in the event of a polygamous situation in France?

In France, polygamy can be proven by any means, such as:

• civil status documents or a family record book proving another marriage
• documents that prove another partner lives with you and your spouse, e.g; bills in their name with the same address as bills in your name
• documents proving the birth of children from both unions and that they reside with their mother in your home.

In principle, these provisions do not apply to people with Algerian nationality. If you are an Algerian citizen, your immigration status in France is governed by a bilateral agreement which does not provide for this situation.

However, this agreement stipulates that for the granting of your first “titre de séjour” as a spouse of a French person or “conjointe de Français”, you do not have to provide proof that you live with your spouse.

If you have stopped living with your partner due to domestic violence before receiving your first residence permit or “titre de séjour” known as an Algerian residence certificate or “certificat de résidence algérien”, the local French administrative authority responsible for examining applications for residence permits known as the “préfecture” will be required to issue you the certificate. Applicable law: Article 6.2 of the Franco-Algerian Agreement of 27 December 1968 as amended.

If cohabitation ends after the first issue of a “titre de séjour”, the “préfecture” might still approve the renewal of your “titre de séjour”, taking the abusive situation into account.

It is therefore recommended to highlight the fact that you have experienced domestic violence and provide any supporting evidence in your application.