Re: Right of residency for non EU after 5 or 10 years?

Making the Move From Outside the EU

Right of residency for non EU after 5 or 10 years?

Phillippe 14/01/2008, 18:42

Could someone please advise/ discuss- A friend of mine arrived in France 09/04/98 (born Ukraine) married a French man, divorced after 1 years.

Valide carte de sejour from 17/05/99 expires 16/05/09 . Because of a number of illnesses she can't continue in work (now on the social), she is 54 years old. She speaks excellent French.

Question: With changes in new laws as regards EU members , are there any new changes in the law for none EU members that might help her to remain in France permanently, she is convinced when her carte de sejour expires she will be sent back to the Ukraine, eg; might she be allowed to stay because she has remained in France for over 5 years and speaks French well = permanent residence - any advice greatfully received , please.

Is there a web site I could print that would explain all to her? - I have trawled through but cant locate one.

Re: Right of residency for non EU after 5 or 10 years?

cooperlola 14/01/2008, 19:22
The new interpretation of EU legislation certainly only applies to EU citizens. The so called "5 year rule" (which is not being implemented at ground level) is EU law . The rights for others are unchanged. I'll have a trawl around and see if I can find out more.

Healthcare Issues Site

Re: Right of residency for non EU after 5 or 10 years?

cooperlola 14/01/2008, 19:30

This looks like a good place to start, to me:

http://vosdroits.service-public.fr/particuliers/N8.xhtml

Healthcare Issues Site

Re: Right of residency for non EU after 5 or 10 years?

Phillippe 14/01/2008, 20:20
Thank you , much appreciated- will print some info off and pass it on , has anyone been there and got the T shirt so to speak! ?

Re: Right of residency for non EU after 5 or 10 years?

Jura 17/01/2008, 19:35

I'd be interested to know how she managed to remain in France so long when divorcing after just one year of marriage.I know that in the UK if you are not a British or EU citizen, your right to remain there is terminated if your marriage/engagement/ relationship with the EU/British citizen ends.

I would think that she was only entitled to EU rights, albeit spousal, whilst she was married to her Frenchman. But she has been divorced for how long?...

Re: Right of residency for non EU after 5 or 10 years?

samdebretagne 17/01/2008, 20:29

Jura wrote:
I'd be interested to know how she managed to remain in France so long when divorcing after just one year of marriage.

Because at that time, they were giving out ten year cartes de séjour like candy. So even though they got divorced, her cds was still valid for another 9 years.

Thanks to Sarko, nowadays you now have to wait 4-5 years to get it, and they also call you in for an interview beforehand to make sure you speak French, are fairly well-integrated, are up-to-date on current events, etc before they will issue it.

Personally, I don't think she will be able to renew it, because if you're not married, in order to renew, you need to show that you have enough money to support yourself so you won't be a drain on the system - since she's on benefits and can't work, she doesn't really have a strong case going for her. Her best bet would be to apply for French citizenship.

Re: Right of residency for non EU after 5 or 10 years?

Jura 19/01/2008, 18:09
Hmmm, a one year marriage - you have to wonder why they married in the first place Wink [;-)]

Re: Right of residency for non EU after 5 or 10 years?

Phillippe 21/01/2008, 18:08

samdebretagne wrote:
Jura wrote:

I'd be interested to know how she managed to remain in France so long when divorcing after just one year of marriage.

Because at that time, they were giving out ten year cartes de séjour like candy. So even though they got divorced, her cds was still valid for another 9 years.

Thanks to Sarko, nowadays you now have to wait 4-5 years to get it, and they also call you in for an interview beforehand to make sure you speak French, are fairly well-integrated, are up-to-date on current events, etc before they will issue it.

Personally, I don't think she will be able to renew it, because if you're not married, in order to renew, you need to show that you have enough money to support yourself so you won't be a drain on the system - since she's on benefits and can't work, she doesn't really have a strong case going for her. Her best bet would be to apply for French citizenship.

Sorry for delay in reply. I simply dont know any more than what I said previous and presume samdebretagne has hit the nail on the head.

Having looked a bit further on the internet it seems that only a life carte de sejour can be requested only if you are still resident in your country of birth! on application ( having not yet resided in the country u wish to move to) , also if you are applying to renew your permit when the 10 years is up it must be applied for not less than 2 months before it expires also you have to prove you have held a job for 2 years ( I stand to be corrected on the length of time ) and at the time of applying you must be actively in work. I really dont think she has any hope of renewing this carte de sejour. Thanks again for feedback.

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