Forum Immigration France


Forum of expats in Immigration France: Ask questions and participate to discussions concerning expatriation.

  Search the whole website

  User's Charter  -  Help  -  Terms and Rules  -  Privacy Policy

✎ EN Carte de sejour for Dependant Parents of EU Citizen

Discussion in 'Immigration France' started by generaluser, May 14, 2016.

  1. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
    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?
     
  2. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,623
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
    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.
     
  4. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,623
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    All right.
    But you cannot apply for French residence card (carte de sejour) for your parents, as it is for someone (and close family - i.e. spouse + children as they rightly told you) settling into the country and staying to live/work. They only require a visa to come and visit.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
  6. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,623
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    Actually the EU website send to an official French page for more information:
    https://www.service-public.fr/particuli ... its/F19315
    It says:
    "ascendants directs à charge" means parents but only are only considered as direct family members for residence card if they completely rely on you for their day-to-day living. The card is really for people settling in, for more than 3 months, and not for visiting.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
    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.
     
  8. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,623
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    In that case if they are at charge, it should be indeed considered. But the main point is do they come to visit or to settle in France ? Because if they come to visit the card is not needed.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  9. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
    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? :cry:
    Any ideas?
     
  10. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,623
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    I cannot rally help more as I think you just need to put pressure on the Prefecture until you get a proper response.
    Indeed the Directive says:
    But it also says:
    Therefore if you disagree, they must tell you about the process to appeal against the decision.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  11. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
    Thanks for replying.

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

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,623
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    As I said you should request the process to appeal.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  13. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
    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.
     
  14. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,623
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    Of course I do not close the thread... all information and feedback from other expat members is welcome.

    Please do keep us informed on your finding and see you soon on the forum. :wave:
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  15. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
    @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?
     
  16. Cyrilexpat

    Cyrilexpat Administrator
    Staff Member Editor

    Joined:
    Oct 5, 2012
    Messages:
    10,623
    Likes Received:
    65
    Gender:
    Male
    City:
    London
    Living In:
    United Kingdom
    Nationality:
    French (FR)
    Languages:
    Français, English, Italiano (un pó)
    In order to get a proof of residence, you will have to get utility bills usually. Therefore one week is not enough... more something like 2-3 months minimum!
    Why don't you contact by mail (post/email) the other prefectures and then with their response saying that you can apply fro a Carte de Séjour, go back to your prefecture.
    In any case it will be useful for your case if you need to appeal.
    You may also contact a lawyer. Any appeal will go through the Tribunal Administratif of your area (need to be done within 2 months of the decision of the Prefecture).

    However you can only appeal against a decision, not an advice:
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  17. generaluser

    generaluser Member

    Joined:
    May 14, 2016
    Messages:
    9
    Likes Received:
    0
    Gender:
    Male
    Living In:
    France
    Nationality:
    British (GB)
    Languages:
    Deutsch, English, Español, Italiano, Français,
    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 :(
     
Loading...
Similar Threads Forum Date
✎ EN Can spouse get carte de sejour from US, w/o visa 1st? Immigration France Nov 6, 2017
✎ FR Question regarding carte de sejour... Immigration France Mar 21, 2008
✎ EN Does Australian Wife need a Carte De Sejour if I'm from UK? Immigration France Aug 10, 2007
✎ EN Changement de carte de sejour Immigration France Mar 13, 2007
✎ FR Carte de sejour- working in europe holding a carte de sejour Immigration France Aug 21, 2006

Share This Page