Family reunification: conditions and challenging a refusal

Are you a foreign national, not a European Union citizen, holding a residence permit and wishing to bring your spouse or minor children to France?

In France, family reunification allows a foreign national who is legally residing in the country, subject to certain legal requirements, to be joined by certain members of their family, mainly their spouse and minor children.

Since its decision no. 93-325 DC of 13 August 1993 (Law on immigration control and the conditions of entry, reception and residence of foreign nationals in France), the French Constitutional Council has held that:

“The tenth paragraph of the Preamble to the 1946 Constitution provides that: ‘The Nation shall ensure that individuals and families have the necessary conditions for their development.’ It follows from this provision that foreign nationals whose residence in France is stable and lawful have, like French nationals, the right to lead a normal family life; this right includes, in particular, the possibility for these foreign nationals to bring their spouse and minor children to live with them, subject to certain restrictions (...).”

However, the conditions imposed by French legislation for family reunification remain highly restrictive, particularly regarding the stability and sufficiency of resources, as well as the adequacy of the accommodation.

According to INSEE, among adult immigrants living in mainland France in 2019–2020, only 5% of men and 15% of women benefited from family reunification.

When submitting your family reunification application, you must prove:

• a minimum of 18 months of lawful residence in France;
• stable and sufficient financial resources;
• access to suitable housing considered adequate for a family of comparable size living in the same geographical area.

Please note that Algerian nationals are subject to a specific legal framework.

LEXSTONE AVOCATS, located in Puget-sur-Argens and Rocbaron, assists you with submitting your family reunification application and also with challenging any refusal issued by the Prefecture.

As part of its assistance, LEXSTONE AVOCATS can, if you wish, attend the home inspection with you to ensure that your accommodation meets the safety and suitability requirements set out in Decree no. 2002-120 of 30 January 2002. Authorities often raise issues such as insufficient ventilation, an outdated gas pipe, or non-compliant electrical outlets.

We also review whether your income meets the required thresholds, taking into account specific situations such as the activity bonus, salary payments made through BTP insurance schemes, and other particular circumstances.