France sets 90-day deadline for some residence permit decisions

Foreign nationals applying for certain residence permits in France should now receive a decision within 90 days, not four months, under a decree in force since 30 October.

ObservAlgerie reported on the decree, number 2026-1001 of 26 October, which was published in the Official Journal on 29 October. It changes several rules for people who apply for residence permits, known as titres de séjour, and for some foreign workers.

In principle, prefectures now have 90 days, instead of four months, to decide on the card applications covered by the decree. The text changes parts of the Code de l'entrée et du séjour des étrangers et du droit d'asile (CESEDA), the French law on the entry and stay of foreigners and the right of asylum.

The decree puts into French law European rules on the residence and work of non-EU nationals. Under article 2, a decision must be given in writing as soon as possible, and at the latest 90 days after a complete application is filed.

The period starts from the filing of a complete file, not from the first appointment or from a preparatory step.

What happens if the prefecture does not reply?

For applications under the new system, no reply within 90 days counts as an implicit refusal. An applicant cannot treat the residence permit as granted when the prefecture does not answer in time.

If a file is especially complex, the administration can extend its review by 30 days. It must inform the applicant of the extension.

Some groups have different deadlines. Holders of an EU Blue Card issued by another member state can get a decision within 30 days, in cases of European mobility.

For some 'talent-researcher' cards, the deadline is 60 days, and silence after 60 days still counts as a refusal.

Rules for foreign workers who lose their job

The decree also changes rules for foreign nationals allowed to work in France. For holders of a temporary residence card marked 'temporary worker', an involuntary job loss can no longer alone justify withdrawing the permit for a total of three months.

If the worker finds a new employer in that period, he or she can stay in France while the new work permit application is examined. An extra three months is possible in certain cases of serious workplace exploitation.

The decree also reduces the period restricting a change of employer after a first work permit from 12 months to six months.