France: Requirements and procedure for renewing a [translation] "private and family life temporary residence card" (carte de séjour temporaire : vie privée et familiale) in France and abroad; subsidiary protection and the identity and travel document (titre d'identité et de voyage, TIV); rights of beneficiaries of subsidiary protection; procedure for obtaining a TIV; whether a TIV can be renewed when the bearer is abroad and the TIV has expired

1. Private and Family Life Temporary Residence Card

1.1 Overview of the Private and Family Life Temporary Residence Card

According to the official website of the Government of France, [translation] "the temporary residence card is one of the main travel documents issued to foreign nationals" (France 23 Apr. 2012). The website states that temporary residence cards may be issued to non-European foreign nationals, aside from Algerians and family members of European or Swiss citizens, who are subject to different conditions (ibid.).

Temporary residence cards state the reasons for the stay in France; those reasons include [translation] "private and family life" (ibid.). This reference applies to individuals who have [translation] "personal and family ties in France," including the family of a foreign national who holds a residence card, French spouses, the parents of French children and young foreign nationals who meet certain conditions (France 13 Dec. 2012). The reference also applies to foreign nationals who are beneficiaries of protection, including beneficiaries of subsidiary protection (ibid.). Once those conditions are met, the card is generally [translation] "issued automatically (as a right)" (ibid.). However, the Government of France's website indicates that Tunisian applicants may [translation] "be subject to different issuance conditions" (ibid.).

The private and family life temporary residence card may also be issued in exceptional circumstances if the applicant can provide an [translation] "exceptional or humanitarian" reason as justification or if the applicant has been a victim of or witness to certain offences, such as [translation] "procuring" or "human trafficking" (France 11 Dec. 2012).

Typically, the temporary residence card recipient must sign a reception and integration contract (ibid. 23 Apr. 2012). According to the website of the French Immigration and Integration Office (Office français de l'immigration et de l'intégration),

[translation]

[t]his contract signed with the prefect, a government representative, allows the migrant to take part as needed in programs provided by the government, such as

language training,

civic training on French values and principles,

an information session on life in France, and

an employment skills assessment.

Participation in the prescribed training is mandatory; if the migrant does not attend, the prefect may terminate the contract, or refuse to provide the first renewal of the residence document or issue the resident card (10 years) (France n.d.).

The private and family life temporary residence card allows the bearer to engage in all professional activities and, therefore, allows the bearer to work in France (ibid. 13 Dec. 2012).

1.2 Period of Validity of the Card

The temporary residence card is generally valid for a maximum of one year, but its period of validity may not exceed the period of validity of the passport (France 23 Apr. 2012). In addition, the period of validity of the temporary residence card may not exceed the duration of certain situations, including the period of validity of the card issued to a spouse or relative if the person is a [translation] "family member of a 'long-term resident - EC' from another country in the European Union" (ibid.).

1.3 Requirements and Procedure for Renewal

The temporary residence card is renewable (France 23 Apr. 2012). The renewal requirements for the temporary residence card are the same as the requirements to be met when the card is initially issued (according to the reference) (France 9 Oct. 2013). However, the Government of France website indicates that the following conditions may also apply:

[translation]

Spouse of a French citizen and entered through family reunification

Should your spousal relationship break down (except in the case of a death), the prefect may take away your card or refuse to renew it.

However, when the relationship ends because your spouse was violent toward you, the prefect may not take away your card and may renew it. If you have a protection order, the prefect must renew your card.

Parent of a French child

The attainment of the age of majority (18 years) of your child does not prevent the renewal of your residence card (ibid.).

The website provides the following information on the documents to be provided when renewing a residence card:

[translation]

Depending on your situation, you are required to provide a number of documents. In all cases, you must provide:

your expiring residence card;

details regarding your civil status and, if necessary, the status of your spouse and your dependent children;

proof of address; and

three photos (ibid.).

The Paris police prefecture provides a more detailed list of the documents to be provided specifically when renewing a temporary residence card marked "private and family life", a copy of which is attached to this Response (France 18 Jan. 2013).

The Government of France website states that applications to renew a temporary residence card must be submitted to the home prefecture and, in Paris, to the police prefecture (France 9 Oct. 2013). Renewal applications must be submitted in the two months prior to the card expiry date (ibid.). The applicant will receive a receipt while waiting for a decision to be made (ibid.). In the case of an application to renew a temporary residence card that authorizes its bearer to engage in professional activities, the receipt also provides authorization to work (ibid.).

1.4 Renewal Fees

The Government of France's website provides the following information about residence card renewal fees:

[translation]

Payable taxes and stamp duty

There is a fee to renew the card. You must pay using standard tax stamps:

a tax, the amount of which varies depending on the reference on the card; and

a stamp duty of 19 €.

The stamps are requested when the application is accepted or the card is issued (France 9 Oct. 2013).

The website states that recipients of an occupational accident benefit or an occupational illness benefit, the tax fee to renew a temporary residence card marked "private and family life" is 77 €, while in all other cases, the tax fee is 106 € (ibid.). The website also states that [translation] "if you do not present your document at the time of renewal, the renewal tax is increased by 16 €" and that "if you do not submit your application on time, you will also have to pay a visa regularization duty of 180 € (except in force majeure cases or upon presentation of a valid visa)" (ibid.).

1.5 Renewal Decision

The Government of France's website provides the following information on residence card renewal decisions:

[translation]

The prefect reviews whether the conditions for renewing your card (or initially issuing the card, if you hold a long-stay visa) have been met. The prefect also verifies that there are no grounds of public order against renewing your stay.

The first time the card is renewed, the prefect considers whether you have complied with:

the reception and integration contract; and

if applicable, the reception and integration contract for the family (France 9 Oct. 2013).

The Government of France website states that the card may be provided by the applicant's prefecture or may be issued in the sub-prefecture if the application is made there (ibid.).

1.6 Recourse Should the Issuance or Renewal of a Card be Denied

The Government of France's website provides the following information about possible recourse should the issuance or renewal of a temporary residence card marked "private and family life" be denied:

[translation]

If the prefect plans to refuse to issue or renew a private and family life card to you, if you justify the conditions, the prefect must refer to the residence card commission.

Cases are referred:

when the card is issued automatically; and

in the event of exceptional permission to reside, when you apply for a permit because you have been regularly present in France for over 10 years.

Procedure

The residence card commission must meet in the three months following the referral.

You will receive a written notice at least 15 days prior to the meeting before the commission.

You are informed of your right:

to be assisted by counsel or any other person of your choice;

to be heard with the assistance of an interpreter; and

to possibly benefit from legal aid during the procedure.

If you do not have a residence card or if your card is expired, you will be given a receipt allowing temporary residence, valid until the prefect has made a decision.

The residence card commission provides a reasoned opinion, which is forwarded to you and the prefect. The prefect is not bound by this opinion and may decide to refuse to issue you the card, even if the commission's opinion is positive (France 29 July 2013).

1.7 Renewal Abroad

Information on whether a temporary residence card marked "private and family life" can be renewed from outside France could not be found among the sources consulted by the Research Directorate.

2. Subsidiary Protection and the Identity and Travel Document (TIV)

2.1 Subsidiary protection

According to the Government of France's website, subsidiary protection, along with refugee status, is one of two forms of asylum protection granted in France (France 20 July 2012). As with refugee status, subsidiary protection is granted by the French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA) (ibid.). The Government of France website states that subsidiary protection:

[translation]

is given to foreign nationals who do not meet the conditions for refugee status and who can establish that they face one of the following in their country:

the death penalty;

torture, inhumane or degrading treatment or punishment;

in the case of a civilian, a serious, direct and individual threat against their life or person by reason of generalized violence resulting from an internal or international armed conflict. (ibid.).

The OFPRA website states the following:

[translation]

àThe appropriate type of protection is not chosen by the asylum claimant but is the responsibility of OFPRA, which, after a single procedure and under the control of the National Court of Asylum (Cour nationale du droit d'asile), renders a decision based on the circumstances.

The term "subsidiary" means that the asylum claim must first be reviewed in light of the acceptance criteria for refugee status (Geneva Convention - "constitutional" asylum); it is only when the claim is not eligible under this status, that the claim will be examined to determine whether any facts exist to support the granting of subsidiary protection (France 24 Sept. 2012).

A booklet for beneficiaries of subsidiary protection also states that there are two types of subsidiary protection: type 1 subsidiary protection, which is granted to a beneficiary of subsidiary protection who cannot obtain civil status documents from the authorities in their country of origin, and type 2 subsidiary protection, which is granted to all other beneficiaries of subsidiary protection (France Oct. 2011, 10-11).

However, the Government of France website states the following:

[translation]

Refugee status and subsidiary protection may be refused pursuant to:

exclusion clauses [set out in Article 1F of the Geneva Convention], if there are serious reasons for considering that the applicant has committed acts that would make them unworthy of these statuses (for example, war crimes); or

the concept of internal asylum, if the foreign national can safely reach a part of their country and live there without risk of persecution or serious threats (ibid. 20 July 2012).

2.2 Rights of Beneficiaries of Subsidiary Protection

According to the OFPRA website, beneficiaries of subsidiary protection, in the absence of a threat to public order, will be issued a temporary residence card valid for one year marked "private and family life" (France 12 Dec. 2011).

The OFPRA provides the following information about the rights shared by refugees, stateless persons and beneficiaries of subsidiary protection:

[translation]

Refugees, stateless persons and beneficiaries of subsidiary protection can apply for Active Solidarity Income (revenu de solidarité active, RSA) once their status has been recognized, unlike common law foreign nationals who must, in general, wait five years.

Only refugees and beneficiaries of subsidiary protection may benefit from a program that allows them to resettle in another part of France, where they may live and find work (program run by the FTDA association and funded by the FER and the Ile-de-France regional council - Ile-de-France platform for promoting integration through mobility).

If refugees, stateless persons and asylum beneficiaries apply to have their spouse and children join them in France (family reunification), they are not opposing the conditions regarding the time limit for staying in France, resources and accommodation, unlike for other foreign nationals.

Refugees and beneficiaries of subsidiary protection are exempted from the tax for the initial issuance of the residence permit (however, they must pay a tax upon renewing it) (ibid.).

2.3 Loss of the Subsidiary Protection Benefit

According to the OFPRA website:

[translation]

[The OFPRA] may, at each deadline, refuse to renew the subsidiary protection benefit if the circumstances that justified its being granted have ceased to exist or sufficiently changed to make it no longer necessary (France 24 Sept. 2012).

The OFPRA website provides the following clarifications about the conditions that lead to the loss of refugee status or the subsidiary protection benefit:

[translation]

Refugees and beneficiaries of subsidiary protection lose their status:

when they travel in their country of origin or contact the embassy or consulate of their country of origin. However, type 2 beneficiaries of subsidiary protection must contact the authorities in their country for the issuance of civil status, travel and identity documents, even though they cannot return to their country of origin;

if they obtain a new nationality;

if the circumstances that led to the determination of their status have disappeared;

if it is determined that the status was obtained fraudulently;

in the case of subsidiary protection, if it is established that the beneficiary of that protection did not meet the conditions set out by the legislation (Article L.712-2 of the Code on Entry and Residence of Foreign Nationals and the Right to Asylum) or no longer meets them after obtaining asylum (Article 712-3 al.2 of the same code);

if asylum is renounced (ibid. 12 Dec. 2011).

2.4 Identity and Travel Document (TIV)

The booklet for beneficiaries of subsidiary protection explains that beneficiaries of type 1 subsidiary protection who are not able to contact the authorities of their country of origin to obtain a passport may apply for an identity and travel document (TIV) in order to travel abroad (France Oct. 2011, 10).

The OFPRA website states that the TIV is [translation] "established after consultation with the Asylum Service and refers not only to a country of exclusion but also to destination countries to which the bearer would like to travel" (ibid. 12 Dec. 2011). The TIV granted to beneficiaries of subsidiary protection is valid for one year and costs 15 € (France 19 Dec. 2011). The Government of France website provides the following information about how to obtain a TIV:

[translation]

Application location

The application must be made in person in the home prefecture.

Documents to be provided

The following documents must be presented:

a valid residence card;

2 identity photographs;

recent proof of address; and

possibly the former travel document (ibid.).

2.5 Territorial Boundaries

The Government of France website provides territorial boundaries for the TIV:

[translation]

The travel document issued to the refugee or beneficiary of subsidiary protection indicates the country or countries that the applicant may not visit.

This generally includes only the country of origin but, in some cases, a fear of persecution may be established regarding other countries (France 19 Dec. 2011).

2.6 Whether the TIV can be Renewed When the Bearer is Abroad and the TIV has Expired

Information on whether an expired TIV may be renewed when the bearer is abroad could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

France. 9 October 2013. Service-public.fr. "Renouvellement de la carte de séjour temporaire ou du visa long séjour valant titre." [Accessed 21 Oct. 2013]

_____. 29 July 2013. Service-public.fr. "Refus de délivrance ou retrait de la carte de séjour temporaire." [Accessed 21 Oct. 2013]

_____. 13 December 2012. Service-public.fr. "Délivrance automatique de la carte de séjour 'vie privée et familiale'." [Accessed 21 Oct. 2013]

_____. 11 December 2012. Service-public.fr. "Délivrance exceptionnelle de la carte de séjour 'vie privée et familiale'." [Accessed 21 Oct. 2013]

_____. 24 September 2012. Office français de protection des réfugiés et apatrides (OFPRA). "La protection subsidiaire." [Accessed 21 Oct. 2013]

_____. 20 July 2012. Service-public.fr. "Asile : différentes formes de protection." [Accessed 21 Oct. 2013]

_____. 23 April 2012. Service-public.fr. "Cartes de séjour temporaires : règles communes." [Accessed 21 Oct. 2013]

_____. 12 December 2011. Office français de protection des réfugiés et apatrides (OFPRA). "Droits et obligations." [Accessed 21 Oct. 2013]

_____. 19 December 2011. Service-public.fr. "Document de voyage pour réfugié, apatride et autres bénéficiaires de protection." [Accessed 28 Oct. 2013]

_____. October 2011. Office français de protection des réfugiés et apatrides (OFPRA). Livret d'accueil pour les bénéficiaires de la protection subsidiaire. [Accessed 21 Oct. 2013]

_____. N.d. "Le CAI : le contrat d'accueil et d'intégration. Un engagement réciproque entre le Migrant et la République." [Accessed 25 Oct. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact representatives at the Consulates General of France in Montreal, Toronto and Quebec City were unsuccessful.

Internet sites, including: Consulate General of France in Quebec City; Embassy of France in Ottawa; ENAM lawyer; France Terre d'Asile; France - Ministry of the Interior; Légifrance.

Attachment

France. 18 January 2013. Prefecture of Police. Pièces à fournir pour le renouvellement d'une carte de séjour temporaire ou d'un certificat de résidence algérien "vie privée et familiale". [Accessed 23 Oct. 2013]