Article 8 of the European Convention on Human Rights requires all signatory states to ensure respect for the private and family life of all individuals under their jurisdiction.

Foreign nationals cannot be excluded from this protection.

It necessarily follows that any decision by the administration must respect the right of each person to lead a normal private and family life.

In order to comply with international law, France has adapted its legalisation in terms of access to residence for foreign nationals with family ties in France.

Thus, for example, a foreigner who has been residing in the country with a residence permit for at least 18 months will be able to bring his or her spouse and minor children to France.

Under more flexible conditions, a French citizen may be joined in France by his or her spouse, minor children, but also his or her parents or the parents of his or her spouse, provided that the latter are dependent on the former.

However, the necessary respect for the private and family life of foreign nationals is broadly applicable, and also benefits foreign nationals present in France illegally, i.e. without a residence permit.

Thus, regularisation on family grounds for these individuals is entirely possible under French law. This procedure will, however, be subject to numerous conditions.

Access to residence for foreign nationals in an unlawful situation will often be jeopardised by the considerable discretionary power of the administration when it comes to assessing the nature of the ties in question.

EXILAE Avocats has the necessary expertise to assist foreign nationals who are present in France or who wish to settle there in order to carry out a professional activity.

Our lawyers and legal experts, trained and experienced in the field of immigration law, will provide you with help and advice in all your dealings with the authorities both in France and abroad