Women victims of violence: A practical guide for non-French nationals - Asylum - stay - protection - justice
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Asylum - stay - protection - justice Women victims of violence: A practical guide for non-French nationals
The French League for Human Rights
The French League for Human Rights (LDH - Ligue des droits de l’Homme)
is a non-partisan NGO whose mission is to promote human rights and combat
violations of fundamental individual rights in all areas of civic, political and
social life. Founded in 1898, we work to combat injustice, racism, sexism,
antisemitism
and discrimination in all its forms. We do this by appealing to the public
conscience, through actions directed at governments and by litigation - in
particular the bringing of civil claims on behalf of victims of fundamental rights
violations, arbitrary acts and acts of violence committed by agents of the state.
With some 10,000 activists operating from 318 sections in both metropolitan
and overseas France, we do not limit our efforts to denouncing violations of
rights and freedoms but also work to promote political and social citizenship
and to foster the exercise of democracy.
The LDH is a member of the International Federation for Human Rights (FIDH),
the European Association for the Defense of Human Rights (AEDH) and
EuroMed Rights.
03Contents
introduction.......................................06 Extension of stay............................... 30
Women who have come to France to be
THE RIGHT OF ASYLUM...........................08 reunited with their family or as a spouse of a
International protection..................... 09 French national ................................................ 30
1. The status of refugees.................................... 09 Extension of stay for women who have been
The fear of being persecuted............................ 09 granted a protection order................................. 30
The absence of protection in the country of origin 09 Extension of stay for women whose partner
Reasons for fear of being persecuted............... 10 has received a conviction for domestic
Gender-related persecution ............................ 10 violence.............................................................31
2. Subsidiary protection..................................... 13 Extension of stay for women who are victims of
What the law says............................................. 13 trafficking or procuring ..................................... 31
Types of protection............................................ 13
Renewal of protection....................................... 14 PROTECTIVE MESURES ..........................32
Cessation of subsidiary protection.................... 14 Emergency numbers......................................... 33
The procedure for claiming asylum. 15 Emergency accommodation.............................. 33
Making your asylum application........................ 15 Making a statement to the police if you leave the
The OFPRA interview........................................ 19 marital home .................................................... 33
Applying for the re-examination Filing a complaint.............................................. 33
of an asylum claim............................................ 21 Applying for a protection order.......................... 34
The rights attached What to do in case of risk of forced marriage.... 34
to international protection................ 22 Protective measures for women who are
A right to civil status and travel documents.......22 victims of trafficking........................................... 34
Support in accessing your rights....................... 22
A right of residence........................................... 22 RECOGNITION OF VICTIM STATUS AND
A right to be reunited with family....................... 22 COMPENSATION......................................36
A right of residence for family members............ 23 Fault-based divorce........................................... 37
Naturalisation................................................... 23 Making an application as a civil party to criminal
Schema : The ‘normal’ procedure proceedings....................................................... 37
for making an asylum claim........................... 24 Compensation through civil court action........... 38
Compensation from the Compensation Board
THE RIGHT OF RESIDENCE......................25 for Victims of Crime (CIVI - Commission
Leave to remain................................. 26 d’indemnisation des victimes d’infractions)....... 38
Women who have come to France for the The victim compensation fund (SARVI-
purposes of family reunification or as a Service d’aide au recouvrement en faveur des
spouse of a French national . ........................... 26 victimes d’infractions)........................................ 39
Women who have obtained a protection order. 26 Legal aid for the purposes of claiming
Women who are victims of trafficking compensation.................................................... 40
or procuring...................................................... 27 The organisations that are there to help you.....42
Exceptional leave to remain on humanitarian
grounds............................................................. 29 USEFUL ADDRESSES...............................48
05introduction
The French League for Human Rights has produced this guide
to inform women who are victims of violence about their rights
and how to exercise them.
In addition to presenting the laws that exist to protect women
"The term "violence against women" as victims of violence, this guide will look at the specific case
means any act of gender-based of foreign nationals, and in particular their right to asylum
and rights with respect to the special provisions in place for
violence that results in, or is likely the issue and extension of residence permits. It will address the
to result in, physical, sexual or different forms of violence that may be grounds for an asylum
psychological harm or suffering to claim and for leave to remain in France – it being stressed that
these are unfortunately so diverse that they cannot be covered
women, including threats of such acts, in full here. Lastly, it will provide information about the legal
coercion or arbitrary deprivation of protection and support available to foreign women as victims
of violence.
liberty, whether occurring in public or
in private life."1 This guide is first and foremost intended for the beneficiaries
of such rights and has accordingly been translated into several
languages. It may also be of use to anyone offering support
to women in such circumstances.
This guide would not have been possible without the funding
of the Ile-de-France Regional Council (Conseil régional
d’Ile-de-France) and the solidarity funds of the Paris Bar
Association (Fonds de dotation Barreau de Paris Solidarité).
1. UN Declaration on the Elimination of Violence against Women - November 1993.
07THE RIGHT International
protection
OF ASYLUM 1. The status
of refugees
or potentially inflicted and the extent
to which it is sustained or systemic.
The handbook from the UN Refugee
Agency UNHCR on procedures
and criteria for determining refugee status,
The Geneva Convention of 28 July restricts the definition of persecution
1951 Relating to the Status of Refugees to"a threat to life or freedom",
recognises the right of asylum for "serious violations of human rights",
"any person who… owing to and"measures of discrimination" that"lead
well-founded fear of being persecuted to consequences of a substantially
for reasons of race, religion, nationality, prejudicial nature for the person
membership of a particular social group concerned."
or political opinion and is outside the
country of their nationality and is unable
or, owing to such fear, is unwilling to avail
themselves of the protection
The absence of
of that country." protection in the
A number of criteria must be met to
be granted refugee status as defined by country of origin
the Geneva Convention, and in particular
a fear of being persecuted for any of Persecution is not limited to actions by
the reasons given in the Convention. the state. It may emanate from:
• state authorities;
• parties or organisations that control the
The fear of being state;
persecuted • non-state actors, in the event that the
state authorities refuse or are unable to
provide effective protection.
This fear must relate to personal harm:
circumstances of a general nature, such However, asylum may be denied
as war or a state of general insecurity do if protection can be provided by non-state
not apply unless a fear of personal harm authorities or if the individual concerned
can be demonstrated. can access protection in another part
This fear must be ongoing: even of their country. This is the notion of
if the events occurred in the past, the risks ‘internal asylum’ as introduced in Article
to which the person may be exposed L.713-3 of the French Code on the
on returning to the country must still exist. Admission and Residence of Foreign
The persecution must be of Persons and the Right to Asylum
a sufficiently serious nature as determined (CESEDA - Code de l’entrée et du
based on the severity of the harm inflicted séjour des étrangers et du droit d’asile),
09which states that"An asylum claim from It thus follows that women can be Three requirements must be Forced marriage
someone who has access to protection wconsidered as forming a particular social fulfilled for the recognition of refugee
in any part of the territory of their country group insofar as they are persecuted or status on these grounds: Forced marriage is not considered
of origin may be rejected if that person under threat of persecution as women • the girl or woman has not been subjected as a form of persecution in its own right:
has no reason to fear being persecuted who transgress or reject the laws, to FGM already; refugee status or subsidiary protection
or exposed to serious harm there and conventions, customs, roles, constraints • she is personally exposed to the risk status (which of the two is entirely
can go there legally and safely, and if and discrimination imposed on them. of FGM; random) may only be granted if
it can be reasonably expected that they • the authorities in her country of origin the individual faces retaliation
will be able to settle there." NB: The reasons for fear of persecution have refused to give her any protection for refusing the marriage.
do not extend to reasons of a private and have condoned or tolerated such
and general nature, such as troubles practices. Honour crimes
Reasons for fear in the person’s home country.
For girls born in France who are at risk
of being persecuted of FGM if they return to their country of
Honour crimes are typically the
consequence of women rejecting
Gender-related origin, two requirements must be satisfied traditions or customs: when they refuse
for refugee status:
The grounds for persecution,
as enumerated in the Geneva Convention,
persecution • detailed evidence of the risk incurred must
to marry or when they commit adultery
or have sex before marriage, for example.
are limited to: be supplied, including details of the family, Honour crimes may be considered
• race; Gender-based2 violence may be inflicted: geographical and social circumstances; as a form of persecution when there have
• religion; • for reasons of gender… which may be • it has not been established that the girl been repeated acts of violence or if the
• nationality; the cause of persecution such as forced "can safely access, settle and lead family has a history of such crimes.
• membership of a particular social group; marriage, domestic violence, physical a normal family life in part of the territory
of her country of origin".
• political opinions. abuse and honour crimes; Human trafficking and sexual
• for reasons of biological sex… which may
Under the French Act of 29 July 2015, exploitation
lead to specific forms of persecution such
Gender as ground as female genital mutilation and forced the parents of a child at risk of FGM, may
Convention grounds for persecution may
for refugee status abortions. be granted a long-term residence permit
if the child has obtained refugee status, also be interpreted as extending to threats
or a temporary residence permit marked to women from prostitution or mafia-type
Article L.711-2 of CESEDA (Code Female genital mutilation
‘vie privée ou familiale’ (private or family networks.
on the Admission and Residence
life) if subsidiary protection status has Indeed, women who have escaped to
of Foreign Persons and the Right to Female genital mutilation (FGM) is
been granted. France after being forced into prostitution
Asylum) stipulates that "when it recognised internationally as a serious in their country of origin may be eligible for
comes to grounds for persecution, violation of the human rights of girls refugee status due to fear of persecution
gender and sexual orientation are and women. It is a practice that A young women or child claiming as a result of belonging "to the social
factors that should be given due contravenes the right to health, security asylum on these grounds will be group of women who have been forced
consideration when determining and physical integrity, and the right required to produce a medical cer- into prostitution and who have managed
whether the individual belongs to not to be subjected to torture or to cruel, tificate confirming the absence of to escape from their pimps."4
a particular social group". inhuman or degrading treatment. FGM.
In France, FGM has been considered Once protection has been gran-
as persecution within the meaning of ted, the requirement for a medical
the Geneva Convention3 since 1991. certificate remains as a certificate
must be produced when applying
for renewal of protection and exten-
2. "Gender refers to the relationship between women and men based on socially or
sion of leave to remain in France.
culturally constructed and defined identities, status, roles and responsibilities that
are assigned to one sex or another, while sex is a biological determination." (UNHCR
Guidelines on Gender-Related Persecution, 2002)
3. Refugee Appeals Board (Commission des recours des réfugiés), 18 September 1991, 4. Refugee Appeals Board (CNDA - Cour nationale du droit d’asile), 12 July 2012, n°11026228,
Diop; Conseil d’Etat, 29 July 1998, n°131711, Diop. Ms Zhuryk (Ukraine)
10 11Further, women who have been
recruited in their country of origin and Asylum under the advance the cause of feminists per- Types of protection
who are then forced into prostitution in French Constitution secuted for their efforts to promote
women’s rights, if they did so. There are two types of subsidiary
Europe may claim refugee status on the
protection in France:
grounds of belonging "to the social group Under Article 711-1 of CESEDA, "any
of women who are victims of human person persecuted on account of • Type 1 subsidiary protection may be
trafficking networks and have sought his action in pursuit of freedom has granted when the person concerned is
actively to escape the clutches a right to asylum [….]." This means 2. Subsidiary unable to obtain civil status documents
of traffickers."5 that asylum may be granted on
Constitutional grounds, regardless
protection from the authorities in their country of
origin. OFPRA (French Office for the
of whether it is granted on Conven- Protection of Refugees and Stateless
Rape and sexual violence tional grounds. The criteria for ad- Persons) will then stand in for the
mission on these grounds are as What the law says authorities of the country of origin for
Article 9 of Directive 2011/95/EU of follows: the purposes of issuing status documents
13 December 2011 on standards for • the individual must have actually such as birth and marriage certificates
Under Article L.712-1 of CESEDA: and in certain cases death certificates,
the qualification of third-country nationals suffered persecution in their country
or stateless persons as beneficiaries of origin (the mere fear of persecu- livret de famille (family record book) and
"The benefit of subsidiary protection is certificat de coutume (document required
of international protection, for a uniform tion is not sufficient);
granted to anyone who does not meet to accomplish the legal formalities for
status for refugees or for persons eligible • they must have no protection from
the requirements to be granted refugee marrying or entering into a civil union
for subsidiary protection, and for the the country of which they hold natio-
status and for whom there are serious (PACS - pacte civil de solidarité) in
content of the protection granted, provides nality or, if they have no established
and proven grounds to believe that they France).
that "Acts of persecution as qualified in nationality, from the country of habi-
are exposed to a real risk of suffering As is the case for refugees, people
paragraph 1 can, inter alia, take the form tual residence;
any of the following types of harm in their granted subsidiary protection should be
of: a) acts of physical or mental violence, • they must be actively engaged in the
country: unable to return to their country of origin,
including acts of sexual violence." process of establishing democracy
a. the death penalty or execution; or to approach or obtain a passport from
The French Act of 29 July 2015 has or defending democratic values such
b. torture, inhuman or degrading their national authorities. Failure to meet
incorporated these provisions into French as freedom of expression and opi-
treatment; these criteria means that they will lose
law.6 nion and the freedom of association;
c. if the person is a civilian, a serious entitlement to international protection.
Refugee status may not be granted • their engagement must be dictated
threat to their life or well-being on account
for violence of a sexual nature alone by the good of society and not by
of generalised violence resulting from an • Type 2 subsidiary protection: In this
however. To be taken into consideration, personal interests.
internal or international armed conflict." case OFPRA does not have the authority
such acts must be covered by one of the Whatever the legal basis for
Convention grounds mentioned above. granting refugee status (Constitutio- to issue civil status documents. As in
The grounds for believing that there is the case of Type 1 subsidiary protection,
A woman raped as a punishment for her nal or Conventional with reference to
a real risk of suffering serious harm giving the beneficiary should not have the
political opinions does qualify for refugee the Geneva Convention), the system
eligibility for subsidiary protection may possibility of returning to their country of
status, for example, if the violence she of protection is the same.
be events that occurred after the asylum origin but still has the right to approach
was subjected to is serious enough to The French Office for the
seeker left their country or activities the authorities in that country to obtain a
qualify as persecution. Protection of Refugees and Sta-
they have engaged in since leaving their passport.
teless Persons (OFPRA -Office fran-
country, in particular if it is established that
çais pour la protection des réfugiés
Discriminatory policies, these activities constitute the expression
et des apatrides) and the Refugee
laws and punishments Appeals Board (CNDA - Cour natio-
and continuation of convictions held in the
country of origin.
nale du droit d’asile) rarely uses the
These may be considered as persecution Constitution as a basis for granting
if the criterion of personal threat can be refugee status, although it would
proven.
5. CNDA, 15 March 2012, n° 11017758, Ms Osmani (Kosovo).
6. CNDA, 24 March 2015, n° 10012810, Ms E.F. (Nigeria). Article L.711-2 of CESEDA.
12 13Renewal
of protection The procedure for
Subsidiary protection is granted for a
period of one year and may be extended
at the end of this period. Typically the
renewal of subsidiary protection is tacit.
claiming asylum
This guide does not address: Asylum reception centres
Cessation of • asylum claims made at the French border in the Paris region (Ile-de-
subsidiary or in an administrative detention centre;
• the fast-track procedure and transfer
France)
protection procedure under the Dublin III
• Paris (75)
Regulations.
Coordination de l’accueil des familles
Subsidiary protection is no longer For more information on these issues, demandeuses d’asile (Cafda)
recognised if: please visit the OFPRA website at 44, rue Planchat
• the circumstances warranting the granting https://www.ofpra.gouv.fr 75020 Paris
of such protection have ceased to exist or Tél. 01 45 49 10 16
have substantially changed; France terre d’asile (FTDA)
• the beneficiary has committed a crime Making your asylum 127, boulevard de la Villette
against the peace, a war crime or a crime
against humanity;
application 75010 Paris
Accompagnement social et administratif :
• the beneficiary has committed a serious
4, rue Doudeauville
common-law crime; Under Article L.741-1 of CESEDA, all
75018 Paris
• the beneficiary is guilty of actions that are foreign nationals in France who wish
Tél. 01 53 26 23 80
contrary to the goals and principles of the to claim asylum must first contact an
United Nations; asylum reception centre (plateforme
• Essonne (91)
• the beneficiary’s activities in France d’accueil) in order to register a claim
constitute a serious threat to law and at the ‘single desk’ (guichet unique) Coallia
order, public safety or the security of the of the local Prefecture. 9, boulevard Coquibus
state; 91000 Evry
• subsidiary protection was obtained The role of the reception centre is to:
fraudulently or as a result of faults • complete the electronic form used to • Les Hauts-de-Seine (92)
declarations; record the asylum seeker’s application; Facem
• the beneficiary has given up their • to make an appointment for the asylum 177, avenue Georges Clémenceau
subsidiary protection status voluntarily; seeker at the single desk and to send 92000 Nanterre
• the beneficiary has acquired French the asylum seeker notification of the
nationality. appointment, indicating the place, date • Seine-et-Marne (77)
and time. The application is registered Coallia
within 3 working days of the claim being 2 bis, avenue Jean Jaurès
submitted (or 10 working days in busy 77000 Melun
periods) and there is no qualifying
domicile requirement;
• take photographs of you, which you will
need to hand in at the single desk.
14 15• Seine-Saint-Denis (93) Registration of your asylum
The single desk may only refuse to State or you have refugee status and
Coallia
issue the application registration
application by OFPRA protection in a third country where
64, avenue de la République
certificate in two cases: you are eligible for readmission:
93300 Aubervilliers Once you have registered your claim
• you are applying for a second re- • you have informed OFPRA that you
Tél. 01 48 35 66 40 at the Prefecture, you have 21 days to
examination of an asylum claim; are withdrawing your request for
forward your asylum application form to
• you are the subject of a final order protection, in which case your appli-
• Val-de-Marne (94) OFPRA. You can either hand in the form
of extradition to a state other than cation will be closed
France terre d’asile (FTDA) in person or send it by letter recorded/
your country of origin, a decision • OFPRA has decided to close your
24, rue Viet signed for, to the following address:
to execute a European arrest war- application under Article L.723-13
94000 Créteil rant or a request from an interna- which provides for three cases in
01 45 17 68 80 OFPRA
tional criminal court to hand you which this may happen:
201, rue Carnot
over to them.
• Val d’Oise (95) 94136 Fontenay-Sous-Bois Cedex
→ you did not submit your applica-
Coallia tion to OFPRA within the applicable
Once your application is complete,
6, boulevard de l’Hautil time limit and have no legitimate rea-
NB: The single desk officer will take OFPRA will send you a letter confirming
95000 Cergy son for missing the deadline
your fingerprints when you make your that your asylum claim has been
→ you have clearly and wilfully re-
application. You will also be given an registered and giving you the number
• Yvelines (78) fused to furnish the information nee-
interview in which you will be asked about of your application. This letter will allow
Coallia Limay ded to consider your claim
the route you took to reach France. This is you to renew your application registration
15, rue de la Chasse → you have still not informed OFPRA
to determine whether France is the state certificate.
78520 Limay of your place of residence or address
responsible for considering your asylum The application registration
Tél. 01 34 77 25 90 even though you have had time to do
claim. certificate issued by the Prefecture will
so, and cannot be contacted for the
then serve as temporary leave to remain
purposes of examining your asylum
Application registration The OFPRA application form in France and as such can be renewed
claim
certificate until OFPRA (or, if applicable, the Refugee
This must be completed in French and Appeals Board (CNDA – Cour nationale
• You have asked for your claim to be
Once your asylum claim has been submitted together with: du droit d’asile) makes a decision.
re-examined with the intention of
registered, you will receive an application • two passport photos; The certificate is valid for nine months
circumventing an order for removal
registration certificate (attestation de • a copy of your passport if you have one; following a first renewal and six months
which would make your claim inad-
demande d’asile). This is valid for one • a copy of the application registration following a second renewal.
missible.
month and is proof that your asylum certificate.
claim has been registered. The single Attention: the application registration
desk officer at the Prefecture will also give You will be asked to give an account of certificate does not allow you to move
you an asylum application form which you your fears of prosecution. This is the freely within other European Union Once your claim has been registered at
must complete and forward to OFPRA. key part of your asylum claim and must Member States. the asylum intake unit, you will be eligible
include the following information: for certain services run by the French
• your identity details; Under Article L.743-2 of CESEDA, Office for Immigration and Integration
• the facts of your case and your fears; there are four cases in which asylum (OFII - Office français de l’immigration et
• your route to France; seekers may have their application de l’intégration), including accommodation
registration certificate withdrawn or and subsistence support.
A number of organisations are its renewal refused: Following an interview, OFII will
available to help you write your assess how vulnerable you are so as
account and complete the paperwork • OFPRA has declared your claim to determine your needs and offer you
to be submitted to OFPRA. It is inadmissible on the grounds that you suitable accommodation.
strongly recommended that you have humanitarian protection status The vulnerability assessment, which
contact one of these. (See list at the end in another European Union Member must be performed within a reasonable
of this guide.) amount of time, is intended "in particular,
16 17to identify minors, unaccompanied Refugee Appeal Board (CNDA), or until Access to medical care
minors, persons with a disability, elderly you are transferred to another EU state. quirement to report to the authori-
persons, pregnant women, lone parents ties, has not responded to requests
As an asylum seeker you are entitled
with children, victims of human trafficking, The right to subsistence for information or has not attended
to basic and supplementary universal
persons with a serious illness, persons interviews related to their asylum
support health cover (CMU - couverture maladie
claim;
with mental health problems and persons universelle) as soon as your asylum claim
who have been subjected to torture, rape 2. Withdrawn if the asylum seeker
Under Article L.744-9 of CESEDA, has been registered. For that you need
or other serious forms of psychological, has concealed their financial re-
"An asylum seeker who has accepted to show the asylum registration certificate
physical or sexual violence such as sources, given false information
the material reception conditions offered that you were given at the asylum intake
female genital mutilation." about their family circumstances
pursuant to Article L. 744-1 is entitled to centre as well as proof of your address in
(L.744-6 of CESEDA) or is guilty of violent behaviour or
an asylum seeker’s allowance subject to France.
a serious breach of the rules of the
meeting the age and resources criteria." To obtain universal health cover, you
accommodation centre;
The right to accommodation For entitlement to the asylum should go to the Health Insurance Office
3. Refused if the asylum seeker asks
seeker’s allowance (ADA - allocation pour (CPAM - Caisse primaire d’assurance
for their asylum claim to be re-exa-
Article L.744-7 of CESEDA provides demandeur d’asile) you must be: maladie) of your place of residence
mined or has failed to claim asylum,
that access to material reception • aged 18 or over;
without legitimate reason, within the
conditions is subject to"the asylum • hold an asylum registration certificate; The right to work period specified in Section III Para-
seeker accepting the accommodation • have accepted the material reception
graph 3 of Article L. 723-2."
offered". This means that if you refuse the conditions offered by OFII. Eligibility for Under Article L.744-11 of
accommodation offered, you will not the asylum seeker’s allowance is tied to CESEDA,"asylum seekers are authorised
be offered any other accommodation. the acceptance of the accommodation to access the employment market if
The accommodation will be in an Asylum offered by OFII. OFPRA fails, for reasons not attributable The OFPRA
Seeker’s Accommodation Centre (CADA -
centre d’accueil pour demandeur d’asile)
The amount of the allowance will depend
on:
to the asylum seeker, to take a decision
on the asylum claim within nine month of
interview
or an emergency accommodation centre. • your financial resources and those of your the claim being submitted."
Accommodation is provided while family; Under Article L.723.6 of CESEDA:
your asylum claim is being processed • the type of accommodation provided; NB: If you meet this requirement, you • you will be interviewed on your own even
up to the expiry of the time limit for filing • the number of adults in your family must apply for a work permit which will if you are a minor;
an appeal against OFPRA’s decision claiming asylum and the number of be issued in accordance with the rules • you will be interviewed in the language
or the notification of a decision from the children in your family. of ordinary law applicable to workers of of your choice, unless there is another
foreign nationality.7 language that you know well enough;
• if you ask to do so and your request is
clearly justified by the fact that you find
Family Family
Daily allowance Daily allowance it difficult to talk about the reasons for
composition composition Refusal, suspension or your asylum claim, in particular where
1 person € 6,80 6 persons € 23,80 withdrawal of material these concern violence of a sexual
2 persons € 10,20 7 persons € 27,20
reception conditions nature, you may be interviewed, wherever
possible, by an officer of the sex of
3 persons € 13,60 8 persons € 30,60 Under Article L.744-8 of CESEDA, your choice and in the presence of an
"Entitlement to material reception interpreter of the sex of your choice;
4 persons € 17,00 9 persons € 34,00 conditions may be: • you can bring a lawyer with you
1. Suspended if, without legitimate to the interview or someone from an
5 persons € 20,40 10 persons € 37,40
reason, the asylum seeker has gi- organisation that works to protect human
ven up their accommodation as rights, the rights of foreign nationals and
determined pursuant to Article L. asylum seekers or the rights of women
NB: Adult asylum seekers who have accepted financial support but have not received an
744-7, has not complied with the re- and children, or an organisation whose
offer of accommodation receive an extra €4.2 a day.
aim is to combat persecution based
Payment of the allowance stops at the end of the month following notification of the
final decision on the asylum claim. 7. https://www.service-public.fr/particuliers/vosdroits/F2741.
18 19on gender or sexual orientation (see • Association pour la reconnaissance Appeal hearings before the CNDA Under Article L.723-16 of CESEDA,
complete list on the OFPRA website: des droits des personnes are in public but can be conducted behind the application for re-examination must
www.ofpra.gouv.fr); homosexuelles et transsexuelles closed doors if the applicant so requests. contain fresh facts or evidence"that came
• if you do not bring a lawyer or someone à l’immigration et au séjour (Ardhis) into existence after the final decision on
from an organisation with you, this does www.ardhis.org the initial claim, or of which [the applicant]
not prevent OFPRA from making a Under Article 9-4 of the French Act of could only have had knowledge after
decision on your asylum claim. • Coordination lesbienne en France (CLF) 10 July 1991, "eligibility for legal aid the decision."
A written record of the interview will www.coordinationlesbienne.org is automatic before the CNDA, unless
be made an added to your file. You, or the appeal is manifestly inadmis- How to make an appeal
the person you bring with you, may ask to • France terre d’asile (FTDA) sible."
receive a copy of the record. www.france-terre-asile.org If legal aid is requested for the The application for re-examination must
Under Article L.723-7 of CESEDA, purposes of bringing an appeal be- first be registered with the Prefecture.
an audio recording may also be made • Forum réfugiés Cosi fore the CNDA, it should be requested You then have eight days to file your
of the interview. You may only obtain a www.forumrefugies.org within 15 days of the applicant being application with OFPRA.
copy of this recording if OFPRA rejects • Groupe d’accueil et de solidarité (Gas) notified of OFPRA’s decision. Othe- OFPRA will carry out a preliminary
your asylum claim, and in this case for www.gas.asso.fr rwise it may be requested on filing assessment of the new facts or evidence
the purposes of appealing against the the appeal, provided that this is done submitted. OFPRA may decide not
decision. • L’Amicale du nid (ADN) within the applicable time limit. to interview you at this point in the
The interview with OFPRA may only www.amicaledunid.org This time limit will be specified procedure.
be omitted if: by OFPRA when it informs of you of If, following its preliminary
• OFPRA has decided to base their decision • La Cimade its decision. assessment, OFPRA finds that the new
on the information it already has; www.lacimade.org Address of the CNDA: facts or evidence have no substantial
• there are ongoing medical reasons bearing on your eligibility for protection,
beyond your control that prevent you from • L’Hébergement différent (L’Hed) Cour nationale du droit d’asile they may decide that your application
attending the interview. www.lhed.org 35, rue Cuvier is inadmissible.
93558 Montreuil-sous-Bois In this case, the appeal to CNDA
List of organisations that, under • CQFD Fierté Lesbienne does not suspend the enforceability of
the Decision of 9 October 2015, are www.coordinationlesbienne.org a removal order, if any.
authorised to provide a representative
to attend OFPRA interviews with • Ordre de Malte
Applying for the NB: If this is the first time you have
asylum seekers, or persons seeking www.ordredemaltefrance.org re-examination applied for a re-examination of your claim,
refugee or humanitarian protection
status: • Quazar - Centre lesbien, gay, bi, trans of an asylum claim you are allowed to remain in France
during the re-examination procedure.
d’Angers You are not allowed to remain on French
• Accueil demandeurs d’asile (Ada) www.quazar.fr territory during a second re-examination
What this means
www.ada-grenoble.org procedure however.
If you wish to appeal against a decision
Under Article L.723-15 of CESEDA,
• Aide à l’insertion des demandeurs by OFPRA to refuse your application, your
"an application for the re-examination of
d’asile et migrants (Aida) appeal should be filed with the Refugee
an asylum claim is an asylum claim made
Appeals Board (CNDA) within one month
after a final decision has been made on
• Association nationale d’assistance of your being notified of the decision. If
a previous claim, including in cases where
aux frontières pour les étrangers you fail to file your appeal within this time
the applicant has explicitly withdrawn their
(Anafé) limit, it will not be admitted and so will not
previous claim, where OFPRA has made
Anafé only provides representation for be considered.
a final decision to close the case pursuant
migrants waiting in holding areas (zones Under the normal appeal procedure,
to Article L. 723-13, or where the applicant
d’attente). www.anafe.org the CNDA must give its decision within
has left the French territory, including to
five months of the appeal being submitted.
return to their country of origin."
20 21The rights attached A right of residence
2. by a common-law partner, aged 18
or over, with whom they had lived on
a sufficiently stable and continuous basis for family members
to international
prior to the date of making the asylum
claim;
3. by the couple’s unmarried children, Family members of refugees and
aged 19 or under." beneficiaries of subsidiary protection as
protection And"If the refugee or beneficiary listed in Article L.752-1 of CESEDA, have
of subsidiary protection is an unmarried automatic entitlement to a residence
minor, they may ask to exercise their right permit: a 10-year residence permit in the
to be joined by their direct first degree case of families of refugees, and a 1-year
ascendants." residence permit in the case of families
A right to civil is entitled to personal support in
accessing work and accommodation."
of families of persons with subsidiary
protection status. In both cases the issue
Such ‘family reunification’ is not tied to
status and travel any requirements regarding resources, of a permit is conditional on their presence
bring no threat to law and order.
documents A right of residence
accommodation or prior duration of legal
residence in France.
To gain entry to France, family
Under Article L.721-3 of CESEDA,"for Under Article L.314-11-8° of CESEDA,
members must apply for a visa of at least Naturalisation
refugees and persons granted subsidiary three months validity from the diplomatic
foreign nationals granted refugee status
protection, OFPRA is authorised to issue, or consular authorities in their country. If you are granted refugee status, you can
have automatic entitlement to a residence
following an investigation if necessary, These authorities must be prompt in obtain French nationality as soon as you
permit, on condition that they pose no
the documents they need to take their taking a decision on the application. acquire such status.
threat to law and order.
own legal decisions and demand the OFPRA’s Protection Division will be If you are granted subsidiary
And, under Article L.313-13-1°
enforcement of provisions of domestic asked to check the composition of your protection, you must provide evidence
of CESEDA, persons granted subsidiary
law or international agreements in respect family based on the information you of five years of legal residence before you
protection are automatically entitled
of their protection, and in particular gave when making your asylum claim. can apply for naturalisation.
to a temporary ‘vie privée ou familiale’
documents establishing their civil status." The Consulate will verify the identity and In both cases a certain number of
residence permit, also on condition that
OFPRA will also give you a travel civil status of family members and check requirements must be fulfilled.
they pose no threat to law and order.
document, in the form of the titre de that they pose no threat to law and order.
voyage pour réfugié if you have refugee The normal timeframe for processing
status or the titre d’identité et de voyage
if you have subsidiary protection status.8
A right to be a visa application is two months. To
allow sufficient time to check civil status
reunited with family documents however, the timeframe
may be set at four months, and can
Support in Under Article L.752-1 of CESEDA,"unless
subsequently be extended for an
additional four months.
accessing their presence constitutes a threat to A refusal to issue a long-stay visa for
law and order, a foreign national who
your rights has refugee status or has been granted
the purposes of family reunification may
be challenged after filing an application
subsidiary protection can ask to exercise with the body that hears appeals against
Under Article L.751-1 of CESEDA, their right to be joined, for the purposes visa refusals (Commission de recours
"a foreign national who has obtained of family reunification: contre les refus de visa). The application
refugee status or been granted subsidiary 1. by a spouse or civil partner, aged 18 must be filed within two months of
protection […] and who has signed the or over, if the marriage or civil union was notification of the refusal to issue the visa.
‘reception and integration agreement’ as contracted prior to the date of making the
provided for under Article L. 311-9 asylum claim;
8. Articles L753-1 and L753-2 of CESEDA.
22 23The ‘normal’ procedure for making
an asylum claim THE RIGHT OF RESIDENCE
Asylum reception centre
- Fingerprints taken
- Interview with OFII Appointment at ‘single desk’
Issue of an asylum registration certificate
Right to material reception 3 to 10 days after your application is
conditions registered with the single desk
Assistance from a lawyer Submission of asylum application to OFPRA
or representative of
an organisation whose
within 21 days of the issue of the asylum
role is to assist asylum registration certificate
seekers
Interview with OFPRA
Decision by OFPRA
Positive decision Negative decision
Refugee status Subsidiary Appeal to CNDA within one
protection status month
Annulment Rejection
24Leave to remain Women who are
Article 515-9 of the Civil Code,
on account of acts of violence committed
by a spouse, partner under a pacte civil victims of trafficking
de solidarité, or co-habiting partner.
The requirement laid down under or procuring
Your circumstances and the violence you have experienced will Article L. 311-7 of this Code does not
be taken into consideration in determining your right to remain have to apply. This temporary residence
in France. What the law says
permit allows the holder to exercise
a professional activity."
Under Article L. 316-1 of CESEDA:
Women who have provide evidence that there has been
no cessation of married life. This is "Unless their presence constitutes
What this means in principle
come to France for not however a requirement if they are a threat to law and order, a temporary
‘vie privée ou familiale’ residence permit
separated from their spouse as a result
the purposes of of domestic violence, in which case the
Protection orders are issued in an
emergency by the family judge where
may be issued to a foreign national
family reunification Prefect is still required to issue
a residence permit.
the violence perpetrated constitutes
who files a complaint against a person
whom they accuse of having committed
or as a spouse of a a danger to the victim or to one or more
children. The procedure for applying for
against them the offences referred to in
Articles 225-4-1 to 225-4-6 and 225-5 to
French national Supporting documents a protection order will be outlined later. 225-10 of the Criminal Code or who gives
Once the protection order has been testimony in criminal proceedings against
In addition to the usual documents issued, the victim can then apply to an individual being prosecuted for such
What the law says (identity documents, proof of domicile, the Prefecture for a residence permit. offences. The requirement laid down by
etc.), the spouse must provide evidence The Prefecture does not have the right Article L. 311-7 does not have to apply.
Under Article L. 313-12 of CESEDA: that the couple’s married life has ceased to require that the victim has a long-stay This temporary residence permit allows
"In the case of acts of violence on account of domestic violence. visa. the holder to exercise a professional
committed after the foreign spouse has This evidence may be provided in A temporary ‘vie privée ou familiale’ activity."
arrived in France but prior to the first the form of a complaint lodged with the residence permit is then issued
issue of a temporary residence permit, authorities, medical certificates, authorising the holder to work.
the foreign spouse shall be issued or the institution of fault-based divorce What this means in principle
The Prefecture is not obliged to issue
a temporary ‘vie privée ou familiale’ proceedings. A simple statement to the the residence permit in the case of a
police or police incident report may not be Individuals who agree to cooperate
residence permit, provided that their threat to law and order.
considered as sufficient evidence. with the criminal justice system by filing
presence does not pose a threat to law
a complaint or testifying in criminal
and order." Submitting the application proceedings against their pimps or
Article L. 431-2 of CESEDA echoes
this provision: Women who You must make the application in person
traffickers are entitled to a temporary
‘vie privée ou familiale’ residence permit
"In the case of acts of violence
committed after the spouse has arrived
have obtained a to the Prefecture of your place of domicile. on condition that they have broken off all
in France but prior to the issue of a first protection order Supporting documents:
ties with the perpetrators.
Human trafficking is defined as the"
temporary residence permit, the spouse • proof of identity (birth certificate, certificate recruitment, transportation, transfer,
shall be issued a temporary ‘vie privée ou issued by the Consulate, or passport);
What the law says harbouring or receipt of persons, by
familiale’ residence permit, provided that • proof of domicile dated within the last means of the threat or use of force or
their presence does not pose a threat to three months such as a utility bill, letter
Under Article L.316-3 of CESEDA: other forms of coercion, of abduction,
law and order." from the provider of your accommodation,
"Unless their presence constitutes a of fraud, of deception, of the abuse of
or an address for administrative purposes power or of a position of vulnerability
What this means in principle threat to law and order, the administrative (domiciliation administrative);
authority shall issue without undue delay or of the giving or receiving of payments
• the protection order; or benefits to achieve the consent of
To obtain a first residence permit, spouses a temporary ‘vie privée ou familiale’ • three passport photos.
residence permit to a foreign national who a person having control over another
of French nationals and women granted NB: There will be no charge for the issue person, for the purpose of exploitation.
a right to reunite with their family must has been granted a protection order under
of the residence permit. Exploitation shall include, at a minimum,
26 27the exploitation of the prostitution
of others or other forms of sexual
Cases in which the residence Exceptional The application process
permit may be withdrawn
exploitation, forced labour or services, leave to remain In determining whether there are
slavery or practices similar to slavery,
servitude or the removal of organs." 9
• the holder, of their own volition, has
entered into contact with the perpetrators;
on humanitarian grounds for granting a residence permit,
the applicant’s circumstances will be
The permit authorises the holder
to work.
• the complaint made or testimony given grounds considered in the round. A significant
is false or without foundation; period of time already spent in France
• the presence of the holder constitutes or the presence of family members who
The application a threat to law and order. What the law says are resident in France will be arguments
in favour of the applicant. It is strongly
Applications for leave to remain under the Under Article L 313-14 of CESEDA: recommended that applicants seek
Possibility of obtaining time
provisions of Article L. 316-1 of CESEDA "A temporary residence permit assistance from one of the organisations
should contain the following documents:
for reflection/Issue of a as referred to in Article L. 313-11 or a available to help them prepare their
• civil status documents as stipulated in receipt temporary residence permit as referred application.
Article R. 313-1; to in Paragraph 1 of Article L. 313-10
• proof of domicile dated within the last For people contemplating lodging a may be issued to a foreign national
three months as referred to in Article complaint or giving testimony, a 30-day who is not in a polygamous relationship
R. 313-1 (This may be an address for ‘cooling-off period’ may be granted prior and is not a threat to law and order, on The special case
administrative purposes (domiciliation to their making the decision to do so. humanitarian grounds or when warranted of Algerian nationals
administrative)); In such cases a temporary residence on exceptional grounds in the light of
• three passport photos as required permit is issued. the arguments submitted by the foreign The provisions governing the issue
pursuant to Article R. 313-1; If the person concerned informs the national, regardless of the requirement of residence permits to victims of
• the document proving that a complaint police that they wish to take advantage laid down in Article L. 311-7." trafficking and persons granted a
has been lodged (récépissé) or the case of this option, the police will contact the protection order, as contained in
Prefecture and a ‘receipt’ (récépissé) will
number identifying the legal proceedings What this means in principle CESEDA, do not apply to Algerian
in which the applicant has testified. be issued ‘without delay’. Notification nationals. For such persons, re-
from the police and a photograph are sidence conditions are governed
Exceptional leave to remain, such that
NB: The issue of the permit may not be all that are required for the issue of this by the amended Franco-Algerian
warrants the issue of a temporary ‘vie
made conditional on a conviction having receipt:"There is no need for an official Agreement of 27 December 1968.
privée ou familiale’ residence permit,
been obtained against the perpetrators. investigation of the residence claim to In deciding whether to grant
may be granted on the grounds
The fact that a complaint has been lodged have been opened."10 leave to remain for an Algerian
of domestic violence.
is sufficient. The Prefect has a certain degree national, the Prefect may however
of latitude however when it comes to the use his/her discretionary powers
If the claimant has no passport, the grounds for issuing a residence permit and give due consideration to the
Prefecture must accept a certificate from and may extend these to victims of circumstances in which the domes-
the consular authorities incorporating trafficking who do not wish to cooperate tic violence occurs, as attested to
photo ID. with the judicial authorities and to women by the issue of a protection order or
who are victims of violence but whose any other means.
circumstances are not any of those
described above. It should be stressed
that this is only a possibility to be used
at the discretion of the Prefect,
and there is no guarantee that a permit
will be issued in such cases.
9. Definition given by the French anti-trafficking organisation Collectif contre la traite des
êtres humains http://contrelatraite.org/spip.php?page=article&id_article=2.
10. Cf. note d’information du 19 mai 2015 relative aux conditions d’admission au séjour
des ressortissants étrangers victimes de la traite des êtres humains ou de
proxénétisme (NOR : INTV1501995N).
28 29Extension of stay What this means in principle
Foreign nationals under a protection order
Extension of stay
for women who are
are entitled to the automatic extension of
their residence permit.
victims of trafficking
Women who have What this means in principle or procuring
come to France Pursuant to Articles L.313-12 and L.431-2 Extension of stay
to be reunited with above, which address respectively the
spouses of French nationals and family for women whose
What the law means
in principle
their family or as a reunion beneficiaries, if the cessation
partner has received
of married life is the result of domestic
spouse of a French violence, the temporary ‘vie privée ou a conviction for
A temporary residence permit
(see above) will be extended while
national familiale’ residence permit
is extended. domestic violence the criminal proceedings are in progress,
on condition that the criteria based
It is necessary to furnish ample on which the permit is issued continue
What the law says evidence of the violence (complaint
What the law says to be satisfied.
filed with the authorities, divorce ruling,
Under Article L.313-12 of CESEDA: conviction of the spouse on the grounds
of domestic violence, and any other Under Article L.316-4 of CESEDA: The issue of a residence
"The renewal of a residence permit
evidence available such as witness "In the event of the final conviction permit in the event of a
issued pursuant to Paragraph 4 of
testimonies, medical certificates, etc.). of the accused, a resident permit may conviction
Article L. 313-11 is conditional on the
be issued to a foreign national who
fact that the couple’s married life has
has lodged a complaint for an offence A residence permit will be issued if
not ceased, unless such cessation is the
result of the death of the French spouse. Extension of stay mentioned in the first paragraph of Article
132-80 of the Criminal Code.
the perpetrators receive a conviction
at the end of the criminal proceedings.11
However, if the foreign national has
been subjected to family and domestic
for women who have The issue of the permit provided for in
the first paragraph of this article may not
violence from their spouse and the been granted be refused on the grounds of cessation of
NB: A conviction is considered as final
once all possibilities of appeal have been
couple’s married life has ceased,
the administrative authority does not a protection order married life." exhausted.
have the right to withdraw the foreign
national’s residence permit and
What this means in principle
authorises the permit to be renewed."
What the law says
If your spouse, partner, cohabiting partner
Further, Article L431-2 of CESEDA
Under Article L.316-3 of CESEDA: or former partner is convicted for acts
stipulates that:
"A residence permit held by a foreign of violence against you further to your
"[…] if the foreign national has been
national who has been granted lodging a complaint, the Prefect may issue
subjected to domestic violence from their
a protection order for violence committed you with a residence permit.
spouse and the couple’s married life
inside the marriage, or by a former
has ceased, the administrative authority
spouse, a former partner related by NB: There will be no charge for the issue
does not have the right to withdraw the
a contract of civil union or a former of the residence permit.
residence permit of a foreign national
cohabiting partner as provided for under
who has been granted leave to remain for
Article 515-9 of the Civil Code, shall be
family reunion purposes, and authorises
renewed on expiring."
the permit to be renewed."
11. Article L.314-11 10° du Ceseda.
30 31You can also read
