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EXPLAINED: Can I bring my family to join me in France on my visa?

It’s understandable that foreign nationals legally living in France would want close family members to join them, but what are the rules?

Published: 8 January 2024 17:08 CET
EXPLAINED: Can I bring my family to join me in France on my visa?
Family reunification can be a long-winded process in France. (Photo by FADEL SENNA / AFP)

If you already live in France and you hold a residency permit (visa or carte de séjour), then you might be wondering how and whether or not you can bring family members here.

Thanks to freedom of movement rules, citizens of EU and EEA member states, as well as Swiss nationals, have the right to live and work in France. 

But the same cannot be said for anyone from other countries, including Brits coming over after Brexit, for example, or those from the United States, or Australia, who have come to France on a visa. 

It should probably be noted, here, that non-EU/EEA nationals married to a French citizen can apply for a spouse visa to live with their loved one in France. Similarly, the situation is a bit different for Brits covered by the Withdrawal Agreement (more below).

While there are several visas for those wanting to stay in France for an extended period, this article will focus on the options available to foreigners resident in France who want to bring their family members to come live here.

READ ALSO EXPLAINED: What type of French visa do you need?

Requesting a ‘regroupement familial’

In the situation of one family member coming over to France on a visa and settling into life here, the process to bring family is called regroupement familial. This should not be confused with a similar French term – réunification familiale – which is specifically applied to stateless people or those holding refugee status.

When it comes to regroupement familial, French law defines family members as spouses (over 18 years old) and minor (under 18 years old) children. 

Conditions for family reunification depend on the status of the foreign national living in France and the relationship with any person who wishes to move over to be with them. For example, any adult children do not have the right to live in France under the regroupement process – they would have to apply for a visa themselves.

Similarly, the procedure for ascendant relatives (eg. elderly parents) is different and outlined below.

In order to see if you are eligible for a regroupement familial, you can use this French government simulator.

If you hold a passeport talent or posted (seconded) worker status then you can benefit from a simplified procedure and there is no time minimum for residency.

But for most non-EU residents in France, the rule of thumb is that the request can be made after having lived in France for at least 18 months, as long as you hold either a 10-year residency card, or a residency permit valid for more than one year (eg salarié, vie famille et privée, étudiant).

However, it is possible this will change with France’s new immigration law, which would make it so that a foreigner living in France would need to be here for 24 months before applying to have family join them, and unmarried partners would need to be at least 21 years old, rather than 18 at present. 

READ ALSO Moving to France: Remote work, French schools and how much money you’ll need

If you cannot meet these requirements, then the long-term visitor visa may be a better option for bringing your family member to France.

What steps to expect?

In the general case of requesting for a regroupement familial, you should expect a fair amount of paperwork. It begins with the person already resident in France applying for the regroupement familial, and then family members will need to apply for visas at the French consulate of the country where they live.

In normal circumstances, you cannot apply to bring part of your immediate family over, then apply to bring the rest of them over later – it’s all of them or nothing. Under certain circumstances, however, you may be able to be reunited with your children if your spouse for whatever reason cannot join you at the same time.

You must also be able to prove you can support your family financially – the minimum wage is considered to be sufficient for a couple with one child – and that you can provide a property suitable to accommodate them all. 

Once the person in France has received notification from the French Office for Immigration and Integration that their family regroupement request has been approved, only then can the family overseas apply for a related visa application – which must include the approval document.

READ ALSO Mythbuster: Can you really ‘cheat’ the Schengen 90-day rule?

And, when they receive their visas, they must arrive in France within three months, then validate their visas online, and pay any necessary fees.

Full details of fees and other requirements are available here.

What about older family members?

The right to family reunification does not as easily apply to parents or grandparents of the applicant even if they are financially or medically dependent on you.

The French website Service-Public explains that elderly parents can come to France “under the status of ‘visitor’ if they have the financial resources”.

READ ALSO EXPLAINED: Can you bring an ageing parent to France to live?

What about Brits covered by the Withdrawal Agreement?

If you are a UK national and were legally resident in France before December 31st 2020 then you are covered by the Withdrawal Agreement, and should have the special post-Brexit carte de séjour known as the WARP or Article 50 TUE.

The Withdrawal Agreement states that Brits covered by it can bring family members to join them in the EU – and this covers “direct descendants under the age of 21 or dependants, direct ascendant dependants, spouse or partner with a lasting and proven relationship”, according to the French Brexit government portal.

In the case of parents, this is the “direct ascendant dependants” bit – so you have to prove not only that these are your parents, but that they are financially dependent on you (eg by showing regular bank payments from you to your parent) and that there are not other family members available to care for them in the UK. 

Once your parent arrives in France, an application with your local préfecture citing the Brexit Withdrawal Agreement must be submitted within three months of their arrival. Depending on your préfecture, the website may have a Brexit oriented page (for instance, the city of Paris does). 

The application will likely require your birth certificate showing your parents’ information, as well as ID (passports), and a proof of housing (justicatif de domicile). Additionally, your parent will need to show proof of private medical insurance to cover the first three months of their stay.

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PROPERTY

BBQs, plants and laundry: What are the rules in France around balconies?

If you want to grill some ribs, install heavy plants or even hang up your laundry to dry on your balcony in France, then there is one document you'll want to consult beforehand.

Published: 7 May 2024 10:43 CEST
BBQs, plants and laundry: What are the rules in France around balconies?

If you live in an apartment building in France, then you might be curious whether there are any rules regulating what you are allowed and not allowed to do on your French balcony.

The answer is relatively simple: it depends on your copropriété. In France, a copropriété is a type of building that is split up into several different apartments that are individually owned. It is also the name of the individuals who together make up the co-owners of that shared building, similar to a ‘homeowner’s association’.

READ MORE: PROPERTY: What you need to know about ‘copropriété’ fees in France

Most of the time your building will also hire a syndic, or managing agents for the building.

Every copropriété should have a règlement de copropriété, which is a written document outlining all of the operating rules of the building, as well as the rights and olbigations of the ‘co-owners’ and tenants.

This document governs the common areas of the building and the fees that go into the building’s maintenance (les charges), but it can also regulate the use of private areas under certain circumstances. For example, the règlement might have its own rules about the hours that you can do noisy renovation work, or a list of colours allowed for the shutters on your exterior windows.

So can I barbecue on my balcony?

As you may have guessed from above, the règlement de copropriété may outline the rules for balcony or terrace usage.

This means that the document can dictate anything from whether or not you can hang laundry outside to the weight of plants allowed and the rules on barbecues.

The gist is that the regulations governing balconies and what you can do on them vary widely from one apartment building to another.

Some apartment buildings allow for people to use small electric grills for barbecues, while others might ban grilling and barbecuing altogether.

When asking about your balcony, be sure to find out whether any parts of it are considered ‘shared space’.

Under some circumstances, the règlement may deem balcony railings to be part of the shared space, which would have consequences for the minimum amount of maintenance required by the owner. Though, this would be most likely to occur if the upkeep of your balcony’s railing has a direct impact on the structure of the building or other apartments.

Similarly, the document might consider the actual concrete slab of the balcony to be the responsibility of the copropriété for maintenance and upkeep. In this case, if you had a crack in your balcony then the repair costs would fall on the copropriété and not you individually.

How do I find out about the règlement for my building?

If you have a gardien (doorman) you can start by asking him/her. They would likely have a copy on-hand, or they might just know the answer to your question.

Otherwise, you can reach out to the building’s syndic, or you can even request a copy of the document from the land registration service. The latter option will cost €30, and you would need to file a formal request (you can find the form here).

How are these rules decided?

The règlement for the copropriété is voted on in a general meeting of co-owners, and it can be changed.

To do this, you would need to gather the ‘general assembly’ of co-owners in the building. Then you would need to vote. Depending on the nature of the change, French law can require that the co-owners in the building reach a simple majority (most owners present vote yes) or an absolute majority (out of all owners, including those not present, the majority vote yes).

You can find the voting rules on this government website.

In general, the items outlined in the règlement will be justified somehow. For example, the rules related to furniture and plant height/weight might have to do with concerns about safety and ensuring that the concrete slab of the balcony holds up.

But that does not mean that ‘aesthetic’ concerns are irrelevant – your copropriété might consider something like hanging laundry to dry from your balcony to be an ‘aesthetic harm’ (or hygienic concern) for your building.

The standard for all French copropriétés is that anything that changes the exterior appearance of the building is not allowed, and in order to do so, you must get special permission.

READ MORE: The rules for installing air conditioning in your French home

What about local laws and rules?

In certain situations, there might be additional local laws and rules that regulate activities you might want to do on your balcony.

For example, when it comes to BBQs, some areas – especially if there is a drought – will ban or restrict them to avoid the danger of starting wildfires.

Certain legal clauses might restrict charcoal BBQs and allow gas ones, while others could restrict barbecuing to certain times. Check with your local mairie to see if there are restrictions where you live.

READ MORE: What are the rules of having a BBQ in France?

Departmental health regulations may also contain rules that would apply to balconies and terraces.

For example, in Paris the health regulations prohibit the storing of flammable liquids, seeds, bread crumbs or food of any kind on windows, balconies and outside parts of buildings.

It also stipulates that anything hanging from a balcony or window should be done so in a safe manner so that it does not create a dangerous environment for passers-by or other building occupants.

Overall, you can do what you want with and on your balcony, as long as you comply with the copropriété rules and existing local or departmental health/safety regulations, you do not alter the external appearance of the building or carry out any large-scale, structural work that you’d need a permit for, and as long as whatever you do/install on your balcony does not create a safety risk.

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