FRANCE - Increased Control by French Border Authorities
- France
- 12/21/2009
Border officers at French ports of entry seem to be increasing their requests for arriving passengers to present appropriate and valid documentation confirming each passenger’s immigration status in France. While there has not yet been a formal announcement regarding any changes to entry documentation requirements, the French border authorities have recently been requesting these documents from visitors and from work and residence permit holders entering France.
According to French immigration law, all citizens of non-European Economic Area (EEA) countries who are living in France and are traveling outside of France are required to present documents evidencing their valid status when re-entering the country. The customary immigration documents are as follows:
a valid residence permit (“carte de séjour” or “titre de séjour”);
- a valid visa;
- a receipt of residence permit renewal application (“récépissé de demande de renouvellement de la carte de séjour”) with an expired residence permit; or
- a “circulation document” (“document de circulation pour étranger mineur” or a “DCEM”) for minor children under age 18. [ The DCEM is a French travel document issued to children who have entered France and whose visas have expired. The DCEM confirms to French migration authorities that a child’s parents are residents in France and the child is entitled to benefit from their residence status. This document is not issued to children until both parents have obtained their French residence permits.]
Assignees and their spouses who have applied for first-time French residence permits are issued receipts (“récépissé de première demande de titre de séjour”) by the Préfecture until their residence permits are issued. Typically, French border agents have accepted a “récépissé” from individuals awaiting issuance of their residence permits, provided that their initial “Category D” visas are still valid. In the case of a minor child entering without a DCEM, border officers will usually allow the child to enter with an accompanying parent carrying a valid residence permit.
Since the “récépissé” is a national immigration document confirming that the foreign national is awaiting issuance of a French residence permit, a foreign national with a “récépissé” should remain in French territory until his or her residence permit is issued. Children without DCEMs are at risk of being unable to re-enter France since they would also be unable to prove their residence status. (Citizens of EEA countries and Switzerland are not affected by the “récépissé” requirements, as they are able to depart and re-enter France by presenting their national identity cards.)
BAL Comment
Given unofficial reports that French border agents may refuse entry (and possibly airlines with flights arriving in France may refuse boarding) to foreign nationals who are not EEA or Swiss nationals, and who do not possess the requisite immigration documents, BAL strongly advises assignees and their family members to ensure that they have appropriate documentation prior to traveling.
