Are you present in France illegally (without a valid residency permit)? Are you working in France without a valid residency permit or work authorization and want to regularize your situation in order to obtain a residency permit and continue working legally in France? Do you have strong personal ties to France and wish to continue living in France regularly?
MALEKIAN Law Firm can assist you in preparing your application for exceptional admission to stay or in contesting the rejection of your application for exceptional admission to stay with the relevant administrative authority or before the competent court.
What is an application for exceptional admission to stay (AES)?
Foreigners who are in an irregular situation in France can request the regularization of their residency if they meet certain conditions.
The application for exceptional admission to stay may be considered depending on exceptional humanitarian conditions related to work and/or private family life.
As its name suggests, admission to stay is exceptional. The discretion of the prefecture is wide. Therefore, obtaining an AES is not guaranteed.
The application for exceptional admission to stay is made to the prefecture of the applicant’s place of residence.
In the event of a favorable decision by the competent prefect, the foreigner may obtain a temporary residency permit as a “temporary worker” or “employee”.
What are the conditions for an application for exceptional admission to stay?
Depending on the reason for the application for exceptional admission to stay, the conditions to be met may differ:
Conditions for an AES application for work purposes
In order to prepare an AES application for work purposes, the following conditions are required:
- Proof of habitual residence in France for a period of at least three years (tax notice, housing tax, lease, rent receipts, home insurance, electricity bills, phone bills, internet bills, bank statements, Navigo certificates, medical documents).
- Evidence related to integration into French society (membership in associations, certificates of friendly circles, volunteer activities, contribution to the maintenance and education of children, etc.).
• Evidence related to professional integration.
Depending on the duration of presence in France, a certain number of pay slips will also be required:
5 years of presence in France 3 years of presence in France Employment contract or promise of employment for at least six months Employment contract or promise of employment for at least six months 8 months of activity in the last 24 months or 30 months of activity in the last 5 years 24 months of activity, including 8 (consecutive or not) in the last 12 months
The employer must provide the foreigner with a number of documents:
If the employer is a company:
- Copy of the company’s articles of incorporation; • K-bis of the company less than 3 months old;
- Letter of motivation from the employer to support your application;
- CERFA form n° 15186*1/ n° 15186-03 completed and signed by your employer.
- Last payment statement of social contributions sent to the collection agency.
- If the employer is an individual:
- Copy of the front/back of the employer’s ID;
- Copy of the employer’s latest tax notice; • Letter of motivation from the employer to support your application;
- CERFA form n° 15186*1 completed and signed by your employer in 4 copies.
AES application for the private family life reason
In order to prepare an AES application for the private family life reason, the following conditions are required:
- Proof of habitual residence in France for a period of at least three years (tax notice, housing tax, lease, rent receipts, home insurance, electricity bills, phone bills, internet bills, bank statements, Navigo certificates, medical documents).
- Proofs related to their integration into French society (membership in associations, attestations from social circles, volunteer activities, contribution to the maintenance and education of the child, etc.)
- Proofs related to their personal integration in France (possession of the essential links with family and personal connections in France, maintaining certain and continuous relationships with family members established in France, nature of the link with the family remaining in the country of origin)
- Proofs of the applicant’s resources and living conditions (income, salaries, bank statements, etc.)
What are the reasons for refusal of an exceptional admission to stay request?
- The prefecture may refuse the exceptional admission to stay request if the above conditions are not met.
- If the applicant poses a threat to public order.
How to challenge a refusal of an exceptional admission to stay request?
The appeal against the refusal of an exceptional admission to stay request can be made at two levels. An administrative appeal and/or a contentious appeal to the competent administrative court.
