French Code governing the entry and residence of foreign nationals and the right of asylum
In forceThird-country nationals mentioned in article L. 233-2, admitted to residence in their capacity as family members, retain their right to residence in the following situations:
1° In the event of the death of the national accompanied or joined and provided they have established residence in France as a family member for more than one year prior to this death;
2° In the event of divorce or annulment of the marriage with the national accompanied or joined:
a) where the marriage lasted at least three years before the start of the divorce or annulment proceedings, including at least one year in France;
b) where custody of the children of the national accompanied or joined is entrusted to them as spouse, by agreement between the spouses or by court decision;
c) when particularly difficult situations so require, in particular when the community of life has been broken off at the initiative of the family member due to marital violence to which he or she has been subjected;
d) when the spouse benefits, by agreement between the spouses or by court decision, from a right of access to the minor child, provided that this right is exercised in France and for the duration necessary for it to be exercised.
Prior to acquiring the permanent right of residence provided for in the second paragraph of Article L. 234-1, they must fulfil, on an individual basis, the conditions provided for in 1°, 2°, 4° or 5° of Article L. 233-1.
Article R233-9
French Code governing the entry and residence of foreign nationals and the right of asylumIn force
Updated 7 Nov 2023
