Immigration Law

Immigration law is a branch of law that governs the entry, residence, and departure of foreign nationals on French territory. This legal discipline, complex and constantly evolving, addresses fundamental aspects of the lives of foreign individuals in France, such as their administrative status, social rights, and integration into French society.

​

Entry into the territory:

 

Immigration law defines the conditions for entry into France, which vary depending on the foreign national's nationality and the purpose of their stay. This includes rules regarding visas (short stay, long stay), required travel documents, and border controls. The Schengen Area and its specific rules are also an important factor to consider.

​

Residence in France:

​

Once on the territory, the conditions of residence for foreign nationals are governed by law. This includes:

​​​

• The different types of residence permits (temporary, multi-year, long-term resident - EU)

• The grounds for residence (employment, studies, private and family life, etc.)

• The conditions for renewing residence permits

• The rights attached to each type of permit (right to work, social benefits, etc.)

​

Asylum :

 

The right to asylum, although distinct, is closely related to immigration law. It concerns individuals seeking international protection in France. This includes:

​

• The asylum application procedure

• The rights of asylum seekers during the examination of their application

• The different types of protection (refugee status, subsidiary protection)

 

Removal:

 

Immigration law also deals with the removal procedures for individuals in an irregular situation, including:

​

• The obligation to leave French territory (OQTF)

• The ban on re-entry to French territory

• Administrative detention procedures

​

Access to French nationality:

 

Although it falls under nationality law, the acquisition of French nationality by foreign nationals is often dealt with in connection with immigration law. This includes the various pathways to nationality (by declaration, by naturalization, etc.) and the requirements for each.

​

Social Rights:

 

Immigration law also addresses the issue of social rights for foreign nationals, which can vary depending on their administrative status. This includes access to social security, family benefits, social housing, etc.

​

The role of the lawyer in immigration law is crucial and multifaceted:

​

• Legal Advice: The lawyer informs foreign nationals about their rights and the steps to take to regularize or maintain their administrative status.

• Assistance in Procedures: The lawyer helps with the preparation of residence permit applications, renewals, or naturalization files, and assists clients with their procedures before prefectures and other administrations.

• Litigation: In case of a refusal of residence, OQTF, or any other unfavorable decision, the lawyer represents their client before administrative courts to challenge these decisions.

• Defense of Fundamental Rights: The lawyer ensures the protection of the fundamental rights of foreign nationals, particularly regarding the right to private and family life, protection from inhuman or degrading treatment, etc.

• Assistance in Detention: The lawyer intervenes to defend the rights of individuals placed in administrative detention (CRA).

 

Immigration law is a field particularly sensitive to political and societal changes. Legislative amendments are frequent, requiring constant legal monitoring by specialized lawyers. Furthermore, this area of law is heavily influenced by European law and international treaties, adding a supranational dimension that must be taken into account.

​

Immigration law is a complex discipline that touches on fundamental aspects of individuals' lives. Whether you are a foreign national seeking to regularize your situation, renew your residence permit, apply for asylum, or gain French nationality, it is essential to surround yourself with a specialized lawyer. They will guide you through the administrative and legal complexities, defend your rights, and help you build your future in France with peace of mind and in full compliance with the law.