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Family Reunification in France: Requirements and Deadlines

Immigration

Living apart from your spouse or children is a painful ordeal for many foreign nationals legally settled in France. Family reunification is the legal process that allows these families to be reunited, but the journey is often perceived as a real administrative obstacle course. Between strict income criteria, housing requirements, and particularly long processing times, every detail counts to maximize your chances of success. This comprehensive guide, written by our experts, explains step-by-step the conditions, procedures, and pitfalls to avoid to successfully complete your family reunification project.

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What is Family Reunification?

Family reunification is a procedure governed by the Code de l'entrée et du séjour des étrangers et du droit d'asile or CESEDA (Code on the Entry and Residence of Foreigners and the Right of Asylum), specifically under Articles L. 434-1 et seq. It allows a non-European national, legally residing in France, to be joined by their spouse and minor children.

This procedure should not be confused with the "family of a French citizen" (famille de Français) or "private and family life" (vie privée et familiale) procedures, which obey different rules. Family reunification solely concerns non-European Union, non-European Economic Area (EEA), and non-Swiss nationals who wish to bring their family members, who must also be non-European.

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Substantive Conditions to Benefit from Family Reunification

For the application to be admissible, the applicant (the foreigner settled in France) and the beneficiaries (the family wishing to join them) must meet strict conditions regarding duration of residence, financial resources, and housing.

1. Conditions Relating to the Applicant (the "Sponsor")

The applicant must meet two major conditions:

2. Financial Resource Conditions (Income Criteria)

The applicant must prove stable and sufficient financial resources to support their family. These resources are assessed over the 12 months preceding the application.

The required amount depends on the size of the family (the applicant + the dependent family members) and is calculated in relation to the net monthly Smic (minimum wage). As of November 1, 2024, the net monthly Smic stands at approximately €1,426.30.

The required resource thresholds are as follows:

Beware of excluded resources:

Certain social benefits are not taken into account when calculating resources. Specifically excluded are: family benefits from the CAF (family allowance fund), the RSA (active solidarity income), the ASS (specific solidarity allowance), and the ATA (temporary waiting allowance). On the other hand, earned income (salaries), retirement pensions, daily social security sickness benefits, or rental income are fully counted.

3. Housing Conditions

The applicant must have (or prove they will have by the date of their family's arrival) housing considered decent and presenting a minimum surface area. This minimum surface area varies according to the geographic zone of the property (defined by Article R. 111-2 of the Code de la construction et de l'habitation / Construction and Housing Code) and the number of occupants.

The geographic zones are classified as follows:

The minimum required living space (in square meters) is determined according to the following scale:

| Number of Occupants | Zone A bis / A | Zone B1 / B2 | Zone C |

| :--- | :--- | :--- | :--- |

| Up to 2 people | 22 m² | 24 m² | 28 m² |

| Per additional person (up to 8) | + 10 m² | + 10 m² | + 10 m² |

| Per additional person (beyond 8)| + 5 m² | + 5 m² | + 5 m² |

In addition, the housing must comply with health, safety, and basic equipment standards (drinking water, heating, electricity, indoor sanitary facilities).

4. Conditions Relating to the Beneficiaries (the Family)

The family reunification procedure can only target:

The reunification must obligatorily cover the entire family (the principle of global reunification). Partial entry of the family is only authorized in exceptional cases, in the best interests of the child (for example, if a child needs to complete a school cycle).

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Concrete Examples of Resource and Housing Calculations

To better understand how these rules apply, here are two concrete simulations.

Example 1: Karim's Case (Resources and housing in Zone B1)

Karim is a Moroccan national, holds a 10-year carte de résident, and has lived in Rouen (Zone B1) for 3 years. He wishes to bring his wife and their 4-year-old son (making a family of 3 people in total).

Example 2: Amira's Case (Resources and housing in Zone A)

Amira is a Tunisian national, holds a 1-year temporary residence permit, and has lived in Nanterre (Zone A) for 2 years. She wishes to bring her husband and their three minor children (making a family of 5 people in total).

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Practical Step-by-Step Procedures

The family reunification procedure is long and requires great rigor in compiling the file. Here are the 6 key steps to follow:

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[Step 1: Compilation & Sending] ➔ [Step 2: Deposit Certificate] ➔ [Step 3: OFII & Town Hall Inquiry]

[Step 6: Arrival and Visa] ◀ [Step 5: Prefecture Decision] ◀ [Step 4: File Transmission]

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Step 1: Compiling and Sending the File to the OFII

The applicant must fill out the Cerfa form n°1143605 and gather all supporting documents (civil status documents, proof of resources, housing, and legal residence). The complete file must be sent by registered mail with acknowledgment of receipt (lettre recommandée avec accusé de réception) to the territorial directorate of the OFII* (French Office for Immigration and Integration) competent for their place of residence.

Step 2: Issuance of the Deposit Certificate

Upon receiving the file, the OFII checks whether all required documents are present. If the file is complete, the OFII issues an attestation de dépôt (deposit certificate). It is this certificate that starts the legal processing period of 6 months. If the file is incomplete, it is returned to the applicant.

Step 3: Housing and Resources Inquiry

The OFII forwards a copy of the file to the mayor of the applicant's municipality of residence. Agents from the OFII or the town hall will make an appointment with the applicant to visit the housing to check its surface area and decency. The mayor also verifies the resource conditions and gives their opinion (favorable or unfavorable) within a period of 2 months. If the mayor does not respond within this timeframe, their opinion is deemed favorable.

Step 4: Transmission of the File to the Prefecture

Once the housing inquiry has been carried out and the mayor's opinion collected, the OFII synthesizes the file and transmits all elements to the Préfet (Prefect) of the applicant's department.

Step 5: The Prefect's Decision

The Préfet is the sole final decision-maker. They have the remainder of the 6-month period (starting from the date of the attestation de dépôt) to notify the applicant of their decision (approval or refusal).

Step 6: Obtaining the Visa and Arrival in France

In case of approval, the family residing abroad has a period of 6 months to submit a long-stay visa application (VLS-TS) to the French consulate in their country of residence. Once the visa is obtained, the family has 3 months to enter French territory. Upon arrival, they must register with the OFII and sign the Contrat d'Intégration Républicaine or CIR (Republican Integration Contract).

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Deadlines, Amounts, and Key Figures to Remember

To avoid unpleasant surprises, keep these essential figures in mind:

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Mistakes to Avoid to Maximize Your Chances

Many family reunification applications fail due to avoidable errors when compiling the file. Here are the most frequent pitfalls:

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Frequently Asked Questions (FAQ)

Can my spouse work as soon as they arrive in France?

Yes. The spouse introduced through family reunification receives a carte de séjour temporaire bearing the mention "private and family life" (vie privée et familiale) as soon as their long-stay visa is validated. This residence permit authorizes them to engage in any professional activity, salaried or non-salaried, throughout the French territory, without any additional steps.

What happens if I divorce after my spouse's arrival?

Article L. 434-10 of the CESEDA provides that in the event of a breakdown of marital life (divorce or separation) within 3 years following the authorization of family reunification, the spouse's residence permit can be withdrawn or its renewal refused. Exceptions exist, notably if the breakdown is due to domestic or family violence suffered by the joined spouse.

Are beneficiaries of international protection (refugees) subject to these rules?

No. People who have obtained refugee status or the benefit of subsidiary protection do not fall under the classic family reunification procedure, but rather under the family reunification (réunification familiale) procedure. They are exempt from the conditions of residence duration, resources, and housing. Their relatives can apply directly for a visa at the consulate.

What should I do if the prefecture does not respond after 6 months?

If the prefecture has not made a decision at the expiration of the 6-month period following the deposit certificate, this constitutes an implicit rejection decision. You can then file an administrative appeal (an informal one to the Préfet or a hierarchical one to the Minister of the Interior) or a contentious appeal before the competent Administrative Court within a period of 2 months from this implicit refusal.

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Summary

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.

Content reviewed by the AvocatAI legal editorial team

This article is provided for information only and is not legal advice. Consult a lawyer for advice tailored to your situation.