The regularisation of foreign nationals in light of the Retailleau circular of 23 January 2025

What is the Retailleau circular of January 2025?

Since 23 January 2025, the Retailleau circular has been applicable and repeals the Valls circular of 28 November 2012, which had made access to regularisation easier, particularly through employment.

It states that exceptional admission to residence (AES) must remain a derogatory procedure: limited and strictly regulated.

The approach has changed: whereas the Valls circular referred to a “favourable” assessment in certain cases, the Retailleau circular introduces a stricter approach, in line with France’s current migration policy, and emphasises:

• The exceptional nature of regularisation,
• Compliance with republican values and the absence of any threat to public order,
• Strong integration, assessed through the length of residence in France and knowledge of the French language.

What new periods of residence in France are mentioned?

The Retailleau circular refocuses the regularisation of foreign nationals through employment provided for under Article L. 435-4 of the CESEDA.

For reference, Article L. 435-4 establishes exceptional regularisation for foreign nationals who carry out salaried employment listed as a shortage occupation for at least twelve months, consecutive or not, during the previous twenty-four months, and who can prove an uninterrupted period of residence of at least three years in France.

For other exceptional regularisation applications, foreign nationals in an irregular situation must now have been present in France for at least 7 years, compared with 5 years previously, in order to apply for exceptional admission to residence.

However, this new seven-year residence period must be put into perspective. It is only an “appropriate indicator” or reference point — although it is likely to be increasingly used by prefectures as a threshold from which they may consider favourably examining an application.

Is speaking French mandatory in order to be regularised?

Although the production of a French language knowledge test is not expressly required, the Retailleau circular encourages authorities to view such evidence favourably.

This may be demonstrated through obtaining a French diploma, an official certification, or “any other serious evidence”, such as training or employment requiring the use of French.

If this condition is not met, regularisation remains possible, but the prefecture may more easily refuse the application on the grounds of insufficient integration. It is therefore essential to begin learning French, preferably with certification, if you are considering submitting an application.

Furthermore, the Retailleau circular recalls that “any foreign national applying for a residence document undertakes, by contract, to respect the principles of the Republic”, namely: personal freedom, freedom of expression and conscience, equality between women and men, human dignity, the motto and symbols of the Republic within the meaning of Article 2 of the Constitution, territorial integrity defined by national borders, and secularism. Therefore, an application for a residence permit submitted without the signed commitment contract is incomplete and will be declared inadmissible.

What is the role of Lexstone Avocats in this reform?

In light of this stricter circular, the work of Lexstone Avocats remains essential in order to effectively defend your rights.

Because each situation is unique and because the circular leaves room for assessment. Because case law, family circumstances, integration efforts or length of residence may still support an application. Because prefectures sometimes unlawfully reject applications without carrying out a genuine examination, Lexstone Avocats provides its expertise to assist you throughout your regularisation process.

Although the circular serves as guidance for prefectures, it is not enforceable against individuals or binding upon the administration, and this may be raised before the administrative judge in the event of litigation.

As recalled by the French Council of State in its opinion of 14 October 2022 (No. 462784), a circular has no binding legal force, meaning that the prefecture may depart from it, whether to grant or refuse an application.

The lawyer therefore plays a key role in putting the situation into context, highlighting nuances and asserting favourable elements, such as factual circumstances or similar court decisions that fall outside the strict framework of the circular.

The Lexstone Avocats law firm, located in Puget-sur-Argens and Rocbaron, is available to assist you in building your application, highlighting your personal circumstances and situation, and supporting you in the event of a refusal to issue a residence permit and/or an Obligation to Leave French Territory (OQTF) before the administrative court.