I am a UK Citizen living and working in France for the last 2 years. My parents are coming to France on a short stay type C visit visa. I want to apply for French residence card (carte de sejour) for my parents so I could use it for SS. I contacted the Pau pyrenees prefecture about if my parents can apply for Carte de sejour but they said that my parents need to be on type D visa to apply for carte de sejour. I told them that I am a UK Citizen not a French citizen but they didn't agree. I showed them the EU Directive 2004 freedom of movement but they still didn't agree and said that only spouse and children can apply for Carte de sejour on type C visa. It's also difficult to apply in another prefecture as it would mean moving to that place for a few months which could cost me my job! Let's see if I get successful. Does anyone have any experience or advice about dealing with French authorities (préfecture)? What are m options?

 

My Parents are non-EU citizens who require visa to visit france. By SS I didn't mean social security but i meant Surinder Singh route.

 

Read this:

http://europa.eu/youreurope/citizens/re ... dex_en.htm

 

Yes my parents are dependant on the money i send them regularly every month for the last 5 years.
Is this proof enough? Their age is 66 years and 57 years and they are not working. Are there any other evidences of dependence that can also serve as means to prove dependence? If so please tell so I can arrange for them.

 

Many thanks for replying.

As they are old and need care which no one else in their own country can provide. They want to settle with me in france so i can look after them. My brother and sister are also not able to take care of them. So they want to settle in France.

The problem is that prefecture is saying that they need type D visa. Which is against the EU regulations.In its interpretative communication of 2009 providing guidance for the correct application of the Directive, the European Commission, based on the case-law of the Court of Justice of the EU, has pointed out that "The authorities of the Member States should guide the family members as to the type of visa they should apply for, and they cannot require them to apply for long-term, residence or family reunification visas." In other words, even if it was my parents' intention to remain in France as my family members, they should not for that matter have had to apply for a long term visa as long as they apply for a residence card before their visa expires.

Link to the Communication :
http://eur-lex.europa.eu/legal-content/ ... 2009DC0313 (see section 2.2.1)

The problem is how do I convince the prefecture about this?
Any ideas?

 

Thanks for replying.

You are right I need to put more pressure on them but the question is how can i do that m

 

Thanks Cyrilexpat for your help and guidance. I will do as you have mentioned. Please don't close this thread as anyone else who might have experience with similar situation may want to add more to help us.

 

@cyrilexpat can you please tell me if it is possible to apply at a prefecture in another city? I contacted préfectures in other cities without telling them that I am not in their area. They told me that I can apply for Carte de sejour for my parents unlike the prefecture of my city. I want to know if it is possible to apply to another city's prefecture? If so what evidence of residence would they require? I currently work in a company which doesn't allow me more than a week vacations so will I have to fully move to another city in order to apply or can I just rent an apartment for a week or so and apply to another prefecture?

 

Yes I have the email replies of other prefectures saying that I can apply for Carte de Sejour for my dependant parents. I plan to take these replies with me when I visit prefecture but I am affraid that they may not get pissed off by someone telling them that they are not dealing with my case the way the should. But then again there is no other way