The situation arises very regularly: an adult has been naturalized French and lives in France. She wishes to bring to France her parents (or grandparents) who have retained their foreign nationality (outside the EU) and who live in their country of origin.

The reasons can be very diverse: parents may want to be closer to their children and grandchildren who live in France or simply want to spend a few months a year in France.

Each situation is unique and requires specific analysis. But here are some ways to see it more clearly:

1. The family reunification procedure does not apply to ascendants (parents).

“Family reunification” does not apply to all family members. This procedure concerns only the spouse and the children of the couple.

Parents or grandparents are therefore not concerned (article L. 434-2 CESEDA).

2. Dependent ascendant status is possible, but pay attention to the proof to be provided.

This is the residence permit that comes to mind automatically. In principle, 3 main conditions must be met:

The foreign parent must have a long-stay visa marked "temporary exemption from a residence permit". This visa is requested from the consulate of the parent's country of origin, before arrival in France. The foreigner must be the parent of a French national or his spouse (wife or husband); This condition is the most objective : you must prove the parentage with a full copy of the birth certificate and the French nationality of the child with a copy of the passport or the French identity card. If the foreign national is dependent on the spouse of his child, it will also be necessary to prove the link between the French child and his spouse (marriage certificate or family book). The foreigner must be "dependent" on his French child or his spouse. This condition is the more difficult to demonstrate. First, it must be proven that the French child and, where applicable, his or her spouse, have sufficient resources. For this, it is possible to produce tax notices, bank certificates, pay slips, an accommodation certificate, a rental contract, a deed of ownership, etc. Then, it must be demonstrated that the foreign parent does not have sufficient resources. For this, it is for example possible to produce the retirement pension payments or other benefits and their amounts. Finally, it is necessary to prove that the foreign parent is indeed dependent on his child or his spouse. must demonstrate that the foreign parent has no other children likely to welcome him in his country of origin. For example, it is possible to produce a certificate from the consulate concerning the isolation of the foreign parent and the financial situation of his children who live in the country of origin. In addition, it is necessary to prove that the French child or his spouse assumes actually support and support the foreign relative. For this, it will be necessary to justify regular and sufficient financial payments. The consulates and the prefectures are strict on this last condition: it is necessary to prove transfers over several months, even several years, at a sufficient level to assume the expenses of the parent. You must therefore remember to keep all the proof of the financial assistance provided (bank proof, cash transfer receipts, etc.) and to declare the sums paid each year on the declaration of income for the French child.

If these conditions are met, the foreign parent can apply for a residence permit for 10 years once they are present in France.

(L. 423-11 and appendix 10 of the CESEDA)

3. Visitor status is more flexible, but requires a strong financial position.

Conversely, if the foreign parent is not “dependent”, he can obtain a one-year residence permit as a “visitor”.

To do this, he must in particular demonstrate that:

The foreign relative must have a long-stay visa. This visa is requested from the consulate of the parent's country of origin, before arriving in France. The foreign parent can live on their own resources (excluding social assistance). To do this, you must demonstrate that you have resources. equal to at least 1 time the net annual minimum wage, i.e. currently €15,948.71. Either the foreign parent can provide proof of their own resources (bank certificates, pension certificate for retirees, etc.) Or they must provide proof that a third person has this sum and will pay for it (income tax notice, payslips, guarantees from solvent people, etc.) He must have health insurance for the entire duration of his stay; He must undertake not to work in France.

(L. 426-20 and appendix 10 of the CESEDA)

If these conditions are met, the foreign parent can apply for a one-year residence permit once they are present in France. This residence permit will then have to be renewed every year.

In conclusion: these two solutions concern general cases, for parents who have just settled in France.

There are other hypotheses for special cases, such as parents suffering from an untreatable illness in their country of origin or parents already present in France under another status (arrival in France with a short stay, for example).

Any application for the issuance of a residence permit must be carefully prepared: contact us:

Alexandre DELAVAY

E-mail : alexandre.delavay@delavay-avocat.fr

Such. : 33 66060939326