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France: Update to FRA33248.F of 3 December 1999 on whether an Algerian national living in France, whose situation was regularized in 1997 after living there illegally for 10 years and who holds a one-year residence permit and a receipt for the renewal of his stay document, would be entitled to a 10-year residence card; the type of form that the person must complete in order to renew his/her right of residence; notice from the French authorities to the applicant, when his/her renewal receipt is sent, as to the type of card that will be issued to him/her

Publisher Canada: Immigration and Refugee Board of Canada
Author Direction des recherches, Commission de l'immigration et du statut de réfugié, Canada
Publication Date 2 February 2000
Citation / Document Symbol FRA33846.F
Reference 1
Cite as Canada: Immigration and Refugee Board of Canada, France: Update to FRA33248.F of 3 December 1999 on whether an Algerian national living in France, whose situation was regularized in 1997 after living there illegally for 10 years and who holds a one-year residence permit and a receipt for the renewal of his stay document, would be entitled to a 10-year residence card; the type of form that the person must complete in order to renew his/her right of residence; notice from the French authorities to the applicant, when his/her renewal receipt is sent, as to the type of card that will be issued to him/her, 2 February 2000, FRA33846.F, available at: https://www.refworld.org/docid/3f7d4d942a.html [accessed 4 June 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

In a letter dated 27 January 2000, a representative of the Direction des libertés publiques et des affaires juridiques, of France's Ministry of the Interior, stated:

[translation]

An Algerian national living in France under a one-year residence permit obtained as part of the regularization operation in 1997 and holding a receipt for a renewal application is not, in principle, entitled to a 10‑year permit, unless he meets the conditions set out in the Franco-Algerian agreement of 27 December 1968, as amended:

Article 7 bis: "Algerian nationals who provide proof of residence for at least three consecutive years in accordance with the laws and regulations in force may obtain a 10-year residence permit. The decision to grant or deny this permit shall be made on the basis of the means of support reported by the applicant, including the conditions of his professional activity and, if need be, the facts he may invoke to support his intention to settle permanently in the territory."

Moreover, "a 10-year permit shall be issued as of right to:

a- an Algerian spouse of a French national;

In the case of Algerian nationals already residing in France on the basis of a one-year residence permit, a long-stay visa is clearly not required under the provisions of this article.

An applicant who meets the conditions of this article is responsible for requesting a 10-year permit. During the processing of the application and the time taken to prepare the permit, a receipt marked "has requested an initial 10-year permit" will be issued to him. For renewal applications, the government does not inform the applicant of the type of permit that will be issued. The receipt simply states that the applicant has requested the renewal of his stay document. If it appears, during the processing of an application to renew a one‑year permit, that the applicant is entitled "as of right" under Article 7 bis, the prefecture will then automatically issue a 10‑year permit to him.

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 to refugee status or asylum.

Reference

France. 27 January 2000. Direction des libertés publiques et des affaires juridiques, Paris. Letter from a representative.  

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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