An Algerian man, 35, who is married to a French woman and has a French daughter born in October 2025, has been waiting for a decision on his residency permit since June 2024. The Paris police prefecture had been issuing temporary attestations, but the man, represented by lawyer Me Sabeg, took his case to the Paris administrative tribunal, which has ordered the prefect to re-examine his application within two months.
The Algerian man's case is similar to that of many foreigners living in France. He had applied for a residency permit in June 2024, but despite providing all required documents, his application was still pending. The temporary attestations issued by the prefecture allowed him to stay in France, but did not provide a long-term solution. The tribunal's decision does not guarantee a permit, but it requires the prefect to make a decision within a specified timeframe.
The French administrative tribunal's judge did not grant the man a residency permit, but ordered the prefect to re-examine his case within two months. The judge also ruled that the state must pay 1,200 euros to cover the man's legal costs. This decision is based on the French Code of Administrative Justice, which allows judges to order provisional measures while a case is ongoing.
The Algerian man's situation is governed by the 1968 Franco-Algerian agreement, which sets out specific rules for Algerian nationals living in France. The agreement provides for the issuance of residency permits to spouses of French citizens and parents of French children. However, the prefecture's delays in processing the man's application have caused him uncertainty and difficulties.
The French Council of State has previously ruled that temporary attestations issued by the administration do not suspend the deadline for processing residency permit applications. In this case, the man's application was deemed complete, and the prefecture's failure to make a decision within the specified timeframe meant that a implicit rejection was deemed to have occurred.
There are two possible procedures that can be used in such situations: the référé-suspension and the référé "mesures utiles". The référé-suspension is used to challenge a specific administrative decision, while the référé "mesures utiles" can be used to seek provisional measures in urgent cases. The man's lawyer chose to pursue the latter option, which resulted in the prefect being ordered to re-examine his application.
The 1968 Franco-Algerian agreement provides several options for Algerian nationals married to French citizens or with French children. These include the issuance of a one-year residency permit for spouses of French citizens and a 10-year permit for those who have been married for at least a year. However, the agreement's implementation can be complex, and individual cases may be subject to varying interpretations.
Key points
- The French judge ordered the Paris police prefect to re-examine the Algerian man's residency permit application within two months.
- The man's case highlights the complexities and challenges faced by foreigners living in France, particularly those from Algeria.
- The 1968 Franco-Algerian agreement sets out specific rules for Algerian nationals living in France, including provisions for residency permits for spouses of French citizens and parents of French children.
