France entered the state of sanitary emergency on Monday 16th March and announced the closure of its borders on March 17 to non-EU residents for 30 days.
French administrations, consulates in charge of visas applications and prefectures in charge of residency permits in France have closed in order to protect their staff and to comply with the French government’s recommendations in order to contain the coronavirus outbreak.
France has consequently applied measures to prevent the entry of third-country nationals. Of course, there are third-country nationals who are overstaying their visa validity or the Schengen rule of 90 out of 180-day period. What can they do? Due to Prefectures’ closure in France, third-country national residents are also facing difficulties to have their residency permits renewed. How can they save their rights?
TRAVEL RESTRICTIONS
Two European communications issued on 30th March 2020, on the basis of national measures already adopted, govern the coordinated action at the EU's external borders fixing the conditions of entry to the UE.
The first communication (2020/C 102I/02) is dealing with the urgent measures such as a temporary travel restriction applying to all non-essential travel from third countries to the European Union, easing the transit regime for the repatriation of citizens of the European Union stranded in third countries and ensuring the minimum services for visa applications.
The second communication (2020/C 102 I/03 Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak) provides for very specific rules governing the exercise of freedom of movement for all workers in critical occupations (health related personnel, child/elderly carers , supply chain workers, IT, maintenance etc), including both frontier workers and posted workers.
For all travels to France, an international travel certificate will be mandatory at all French borders.
OVERSTAYING
Overstaying situation has been ensured by the first EU communication (2020/C 102 I/02) dealing with overstay caused by travel restrictions.
Basically, those whose stay is under 90 should contact the local Prefecture to have their initial visa extended.
For those reaching the 90-day threshold, the visa holders or visa-waived third-country nationals who are compelled to stay beyond the period of 90/180 days, should apply for a national long-stay visa or a temporary residence permit.
For instance, Paris Prefecture has issued a dedicated e-mail to handle visa extensions and overstay applications although the office is currently closed to public.
But most of French Prefectures are not providing such a service since their closure on 17th March 2020.
When leaving France, for third-country travelers who are facing the closure of the local prefecture, it is advised to draft an explanation letter specifying the circumstances and have all documents supporting impossibility to return to the home country for one of the following three reasons: either because their country prohibits entry from France on sanitary grounds, or because their country is subject to the same health difficulties, or because disruption of flights connections.
Member States, in the first EU communication (2020/C 102 I/02), are also duly encouraged to waive administrative sanctions or penalties on third-countries nationals unable to leave their territory due to travel restrictions. In addition, overstays due to travel restrictions should not impact future visa applications.
THIRD-COUNTRY RESIDENTS IN FRANCE : SUSPENSION OF APPLICATION PROCESSES
Under the Order No. 2020-306 of 25th March 2020, processing of residence permits within the Prefectures and validation procedure (French immigration service) of VLS-TS with the OFII are suspended during the period of sanitary emergency. The service should resume one month after the end of this period.
The Order No. 2020-328 of 25th March 2020 provides automatic extension of 90-day validity for French residency permits or documents expiring between 16th March and 15th May 2020.
Those French texts are for sure ensuring the continuity of rights of lots of third country-nationals, but they do not cover people whose residency permits have expired before this timeframe and having appointments at this very critical moment at prefectures, or the situation of stranded third national visa holders (especially long term visas) or residency permits expiring during this confinement period while being abroad. We will likely face an unprecedent surge of applications after the sanitary crisis. Hopefully French consulates will speak out on a single voice for visas or return visas issues, government will speed up the generalization of electronic application processes in order to timely preserve jobs and secure foreign employees and their employers’ position in France.
