The French Conseil d’Etat restricts the possibility for foreigners to apply for several residence cards at the same time

In a judgment dated October 10, 2024¹, the Conseil d’Etat (French highest administrative Court) has reminded that nothing prevents a foreigner established in France from submitting simultaneous or successive applications for residence permits attached to different statuses, but it has nevertheless severely limited this option.

It often happens that a foreign national residing in France is entitled to several residence permits issued for different reasons, due to her/his professional or family situation, for example as an employee (salarié) and as the spouse of a French national (conjoint de français). Consequently, when her/his residence permit expires, a foreign national in such a situation may wish to maximize her/his chances of success by submitting several applications based on different grounds. The Conseil d’Etat has just reiterated that this is possible, while restricting the scope of such an approach.

Firstly, the Conseil d’Etat points out that the French immigration code (hereinafter ceseda) provides that all foreigners must submit their application for a residence permit in person at the prefecture², unless the prefecture itself has decided to allow applications to be sent by mail, and except for those of the residence cards (many of which) that are now processed online through ANEF (administration numérique des étrangers en France)

Secondly, the Conseil d’Etat has decided to strictly apply this principle to each residence permit application that may be filed by a foreign national, either simultaneously or successively. In other words, if a foreign national wishes to apply for two residence permits at the same time, for example as an entrepreneur and as the spouse of a French national, she/he must strictly comply with the procedures laid down by law for each of these residence permits (ANEF, appointment at the prefecture or postal application). Prefectures are not required to examine applications submitted in violation of this principle, which can complicate matters.

This is a real step backwards, as the Conseil d’Etat previously had a more lenient approach. Aware that many foreigners had difficulty submitting multiple applications during a single appointment, it allowed them to submit applications for residence permits by mail at the same time³. Even without the applicant appearing in person, the préfet was nevertheless required to receive these applications and respond to them.

To summarize the current situation, applying for several residence cards is not prohibited, but the Conseil d’Etat is doing everything it can to discourage them, and the prefectures are also doing everything they can to complicate matters.

In practical terms, here are some tips for complying with the law in a few common scenarios:

• If you wish to submit two applications, via ANEF and at an appointment at the prefecture:

You cannot submit both applications at the same time via ANEF, or during your appointment at the prefecture. Instead, you must submit each application separately, as if each were the only one. This means you will need to submit your application on ANEF while also booking an appointment at the prefecture to submit the other one.

During an appointment, the prefecture official may refuse to accept your application, seeing that you already have one pending. Thus you may need to insist and remind them that you are within your rights.

• If you wish to submit two applications via ANEF:

In this case, the situation is even more complex. ANEF was not designed to handle multiple applications. Foreign nationals can only submit one residence permit application at a time, and every document must be uploaded under the appropriate section. There is no flexibility.

In this case, the best thing to do is to submit both applications in a single application, clearly stating in the “observations à destination de l’administration” section, that you are submitting two applications, which ones they are, and which of the two is the main one to be examined first. Above all, you must take screenshots, as the ANEF does not provide any proof of the documents you submit.

• If you wish to submit two applications at an appointment at the prefecture:

In this case, you must submit each of your applications during one or more appointments at the prefecture, within two months prior to the expiration of your permit. This will not be easy, but it is essential in order for the prefecture to be compelled to review both applications.

Naturally, one of the applications must be clearly indicated as the main one, and the second as a subsidiary application, to be considered only if the first is rejected.

1. CE, Avis, 10/10/2024, n°493514 ↩︎
2. Article R. 431-3 du ceseda ↩︎
3. CE, Avis, 11/10/2006, M. et Mme Lamri, n°292969 ↩︎