Family reunification

• he or she has a residence permit for at least one year;

• has sufficient resources;
• and has sufficiently large accommodation.
  The family members concerned are the husband or wife and the minor children of the couple or of either spouse. In principle these family members must live abroad, but in some cases it is possible to obtain reunification on the spot if they are in France.
  Family reunification may be refused for reasons such as a threat to public order or polygamy.

Persons who have been granted refugee status can bring their family members without having to meet the conditions of resources and housing.
For this, and in general, when you complete the OFPRA form, it is important that you indicate the name, date and place of birth of your partner or spouse, and the date of your marriage, even if it was a religious marriage. Also indicate the names, dates and places of birth of your children. If you are not sure of the date, put “approximate dates” in quotation marks.

If you are granted refugee status or subsidiary protection, these family members have the right to join you, among other rights:

• Your spouse, civil union partner or common-law partner;

• Your children and those of your co-spouse, civil union partner or common-law partner under 19 years of age;
• Your mother and father, and your brothers and sisters if you are a minor and unmarried.

A. You were married prior to the claim for refugee protection.

The marriage (or the Pacs) must have taken place before your application for asylum, in the case of cohabitation, you must have had a stable and continuous relationship with your partner (effective community of life).

1. Your family is in France

If you have refugee status, your family members are entitled, under certain conditions, to a 10-year residence permit;

If you have subsidiary protection, they are entitled, under certain conditions, to a 4-year residence card, and then to a residence card.

2. Your family is in another country

You can apply for “family reunification”: there are no conditions regarding resources, housing, mastery of French or length of residence in France.

As soon as you have obtained protection, your family members must apply for a long-stay visa from the French consular authorities abroad, enclosing their passports, visa application forms (cerfa n°14571*02), proof of protection granted by Ofpra and all documents proving their relationship with you: birth certificates, medical certificates, your marriage certificate, identity cards, school cards, photos…

Other proof of your family relationship may be requested. People you know can attest to these relationships, by making an accurate written testimony, with a copy of their identity document.

You can also provide detailed phone bills, Skype call history, Viber…, letters, e-mails, receipts for money sent, etc.

Please note! Your family members must apply for a visa from the French consular authorities of the country in which they legally reside or the country of which they are a national.

Note: if you are travelling to see your family, in a country other than your country of origin, keep a copy of your travel document with stamps, your plane ticket, and your bills. Take photos with your family, with the date on the photos.

B. You got married after you applied for asylum

If you are an asylum seeker or refugee and you reside in France, you have the right to marry (see the Cahier juridique sur le mariage) and to enter into a civil union (see the Note pratique sur le Pacs).

1. Your family is in France

If you have refugee status, your family members are entitled, under certain conditions, to a 10-year residence permit;

If you have subsidiary protection status, your family members are entitled, under certain conditions, to a 4-year residence permit (from March 2019).

Attention! Your marriage or civil union must have been celebrated for at least 1 year and the community of life must not have ceased.

2. Your family is in another country

You can apply for “family reunification” just like other foreigners. The requirements are strict: a stable income (minimum SMIC), accommodation of sufficient size. The application for family reunification is filed with the Ofii, the decision is taken by the prefect.

Note: if you want to get married abroad, for your marriage to be recognized in France, you must have the banns published at the town hall of your home and ask the French consulate of the country in which you are getting married for “a certificate of capacity to marry”. After the marriage, you must ask Ofpra, by registered letter, to register it. Your marriage will not be recognised if you marry under the polygamy regime.

C. You are an unmarried minor

1. Your parents are in France

If you have refugee status, your parents may, under certain conditions, have a 10-year residence permit;

If you have subsidiary protection, they can have a 4-year residence permit (from March 2019).

2. Your parents are in another country

You can apply for family reunification for your father and mother, and for your minor unmarried brothers and sisters.

D. Remedy

If your family is refused a visa, you can appeal, first to the Commission de recours contre les refus de visas and then to the Administrative Court of Nantes. You can get information from an association, but be aware that the time limits for appeal are very short.

E. Schooling

Whether you are an asylum seeker, refugee or undocumented migrant, your children have the right to be accommodated in the educational establishments that depend on where you are domiciled.

Education is compulsory for all children, both French and foreign, from the age of 3 to the age of 16. Education becomes compulsory for all young people between the ages of 16 and 18 in 2020. In practice, there are many denials of access to schooling/training for young people in exile.

You can contact RESF (Education Without Frontiers Network) in your region to help you with schooling: http://www.educationsansfrontieres.org/spip.php?article6084.

F. Divorce

For persons enjoying protection in France, divorce is subject to French law. If one of the two persons does not have protection, he or she may be subject to the law of his or her country. It is therefore preferable to contact associations for the defence of foreigners or competent lawyers.

[Translated with www.DeepL.com/Translator (free version)]