legal and social conditions for asylum seekers and refugees in ...

five days. If the expulsion cannot be carried out within this total period of 12 days, the person will
be released but left without any document.
Application from abroad
Applications for asylum in France may not be submitted from abroad.
Family reunification
Convention (and Constitutional) refugees are entitled to family reunification with their spouse and
minor children under 18 years, without being submitted to the restrictions applied to other
foreigners in terms of length of residence (one year of residence), financial resources and
housing capacity. On a case-to-case basis, other family relatives can benefit from family
reunification.
Reunification with an unmarried (heterosexual) partner is also possible provided that the stability
of the relationship is confirmed by the OFPRA according to the initial statements made by the
refugee. In some cases, reunification with dependent parents is also granted, but never with
siblings.
The application for family reunification must be lodged by the refugee in France.
Family members do not have to apply for asylum in order to obtain residence permits. According
to a legislative change in 1989, a residence permit, valid for ten years on a renewable basis, is
automatically issued to a spouse and minor children. The Ministry of Foreign Affairs handles the
reunification of refugee families (and decides on the issue of visas), with the assistance of the
UNHCR delegation if protection matters are involved. By agreement with UNHCR, the Social
Service for Migrants (“Service social d’aide aux émigrants”) has helped refugees in France to
submit their applications for family reunification to the Ministry since April 1993. In cases of low
income or a difficult social situation, transport costs may be covered by UNHCR, after evaluation
by the Social Service for Migrants.
Since family reunification with spouse and minor children is an absolute right for recognised
refugees, it is granted in every case provided the family links can be established. When
reunification with other family members is refused, there is no judicial appeal as such. The
negative decision may be brought before the Council of State, but only for a control of the legality
of the decision. It is also possible to submit an application for an administrative review of the
decision.
In 1998, 1,460 persons were admitted under the refugee family reunification procedure:
Number of persons reunited in France in 1998
Asia 634
Africa 391
Middle East 332
Europe 65
Latin America 38
Total 1,460
Persons with territorial asylum, unlike Convention refugees, have no absolute right to family
reunification. They are subject to the same conditions as immigrants, as defined in the Act of 24
August 1993 and the circular of 6 July 1999: legal residence for at least one year in France,
sufficient, stable income and adequate housing.
Asylum seekers are not allowed to family reunification
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