Many French nationals want to be able to care for their aging parents who remain in their country of origin.
Two options are possible for them regarding their parents right to settle down in France. Their choice will depend on whether or not their ascendants are financially dependent on them (adult descendant living in France and of French nationality).
Proof of regular and sufficient payments must be attached to the application, as well as proof of income from the descendant and spouse (living in France and of French nationality) showing that they are able to cover the costs related to the ascendant’s stay.
In practice, when examining the ascendant’s status as a dependant, the consular authority will take into account the descendant’s financial situation, as well as the length of time and regularity of his participation in the maintenance of the ascendant.
The consular authorities will also consider the isolation of the dependent ascendant in the country of origin (though a visa refusal cannot be solely based on this criterion).
Once the ascendant of a French citizen has arrived on French territory with his/her Long Stay Visa, he or she may, on expiry of his or her long-stay visa, be entitled to a 10-year residence card, provided that he or she continues to be dependant on the French citizen and his or her spouse.
Regarding Algerian nationals, article 7 bis (b) of the Franco-Algerian Agreement of 27 December 1968 also states that they are entitled to a 10 years residence certificate, subject to the legality of the stay, to the ascendants of a French national and his or her dependent spouse.
If the ascendant can prove that he/she has sufficient resources of his/her own to meet the needs of daily life in decent conditions, he/she cannot be considered as dependant. In this case, he or she may apply for a « visitor » residence permit, which must be renewed every year.
The Lawyers members of the TERRAVOCATS Network inform, advise and accompany persons wishing to be issued with a long-stay visa or residence permit on this basis.
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