In case of an incomplete application for a residence permit, French prefectures are now required to request the missing documents and information

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Pursuant to a decree of June 13, 2025¹, any French prefecture to which an application for a residence permit is submitted in the absence of a mandatory document or information, is now required to contact the applicant so that the latter can provide the missing element within a « reasonable time ».

This decree comes to soften recent and very strict decisions of the Conseil d’Etat (French highest administrative Court) according to which foreigners applying for a residence permit do not benefit from guarantees equivalent to those inherent in an ordinary application.

Among these guarantees is the principle according to which an administration seized of a request, whatever it may be, must contact the person concerned in the event that the request is incomplete due to a missing information or document, and let him/her know what exactly is missing. The administration must grant enough time for response, and otherwise the deadline to which the application is deemed to be rejected is postponed, giving the applicant enough time to respond².

Foreigners in France do not benefit from such guarantees when applying for a residence permit. Before the publication of the decree of June 13, 2025, prefectures had no obligation to inform a foreigner that her/his application was incomplete before rejecting it. The situation was thus as follows:

• In the case of an application for a residence permit under the old procedure, i.e. upon physical presentation at the prefecture, the administration was not required to issue a récepissé (temporary residence card) in the event of an incomplete file, and refused to register the file by a decision without recourse³.
• In the event of an application following the new digitized procedure via ANEF (Admininistration numérique des étrangers en France), the administration had four months to take a decision, or else the applicant could take action before an administrative Court. But in case of incomplete file, any recourse was inadmissible⁴.

In general, it is crucial for any foreigner submitting an application for a residence permit to make sure as quickly as possible that her/his file is complete in regard to the requirements of the French immigration code (and keep proof at the time of filing). Her/his file must include:

• The documents justifying her/his civil status (birth certificate required in first applications)⁵
• The documents proving her/his nationality (passport)⁶
• The documents proving the civil status and nationality of her/his spouse, children and parents when she/he applies for a residence permit for family reasons⁷
• The supporting documents corresponding to the specific kind of residence permit that is requested, the list of which is available in Annex 10 of the French immigration code⁸

Without prejudice to the above, the decree of June 13, 2025 now provides that: « In case of an incomplete application, missing documents and information must be requested by the administration and transmitted by the foreigner within a reasonable time. »

Although it is not as favorable as ordinary law, this reform is undoubtedly a positive development for foreigners. However its concrete consequences remain to be determined with precision:

• In the event of an application for a residence permit submitted under the old procedure (physical appointment at the prefecture), the submission of an incomplete file will always result in a registration refusal. Certainly, from now on prefectures seem to be required to inform the person concerned of the nature of the missing documents/information, but the new regulation leaves several questions unanswered: Is a registration refusal subject to recourse when it is taken without indication of the missing element(s)? Is the indication of the missing element(s) a condition for the regularity of the registration refusal? In the event of a recourse, will the administration have the burden to demonstrate that this formality has been respected? Is the administration required to summon the foreigner to a second appointment? Nothing is certain for now.
• In case of an application via ANEF, changes will also take place, but their outlines are even less clear. In all likelihood, prefectures will no longer be able to dismiss an application for a residence permit on the ground that it is incomplete, without having first given the applicant time to send the missing document(s) or information(s). This would probably be an irregular registration refusal, and therefore subject to recourse. And in the case where the administration remains silent for more than 4 months after the submission of the application, without ever informing the foreigner that her/his file is incomplete, the application will be deemed to be rejected by the prefecture, giving the application the option to take action before an administrative Court.

The decree of June 13, 2025 undoubtedly constitutes a positive development in that it contradicts the recent positions taken by the Conseil d’Etat, which are very harsh towards foreigners. Nevertheless, its consequences remain to be determined with precision.

1. Décret n°2025-539 du 13 juin 2025 – art. 5 modifiant l’article R431-11 du ceseda ↩︎
2. Article L. 114-5 du code des relations entre le public et l’administration ↩︎
3. CE avis n° 472831 du 10 octobre 2023 ↩︎
4. CE avis n°493514 du 10 octobre 2024 ↩︎
5. Article R. 431-10 du ceseda ↩︎
6. Ibid. ↩︎
7. Ibid. ↩︎
8. Article R. 431-11 du ceseda ↩︎