The foreign spouse of a French national who wants to live in France must, in principle, obtain a long-stay visa “spouse of a French national” from the French consulate in his or her country of residence. This visa benefits from a protective legal regime, but files are nevertheless frequently refused.
A visa that can only be refused on limited grounds
Under the CESEDA, a long-stay visa can only be refused to the spouse of a French national in the event of fraud, annulment of the marriage or a threat to public order. The consulate must also decide within reasonable time limits. Any other ground (insufficient resources, housing, etc.) is in principle irrelevant for this visa.
In practice, refusals are mostly based on alleged fraud: the consulate considers the marriage to be a sham (mariage de complaisance) or questions the civil status documents.
Main conditions
- A valid marriage: a marriage celebrated abroad must be transcribed into the French civil status registers (French consulate or central civil status service in Nantes) before the visa application. A marriage celebrated in France is directly recognised.
- Proof of French nationality of the spouse (identity card, passport or certificate of French nationality).
- A valid passport and the usual documents for a long-stay visa.
Proving a real shared life
Even though shared life is not a legal condition of the visa as such, proof of a genuine relationship is often decisive when the consulate suspects fraud:
- joint bills, lease, bank statements or insurance;
- official correspondence addressed to both spouses;
- for couples living apart: plane tickets, passport stamps, regular exchanges, photos together;
- statements from relatives or neighbours, with a copy of their ID.
Consistency is essential: dates, addresses and the story of the relationship must match from one document to another.
After arrival in France
The visa granted is a long-stay visa equivalent to a residence permit (VLS-TS). It must be validated online within three months of arrival. Before it expires, the spouse applies for a “private and family life” residence card.
Already in France?
Under certain conditions (regular entry into France, marriage celebrated in France and shared life in France for a minimum period), the spouse of a French national can apply for the long-stay visa directly from France, at the prefecture. Each situation must be checked individually.
In case of refusal
A refusal must be challenged within 30 days before the Commission de recours contre les refus de visa, then before the Administrative Court of Nantes. Because the grounds for refusal are limited by law, the administration must prove the fraud it alleges. See: Visa refusals in France: grounds, appeals and solutions.
Need help with your case?
FATOU BABOU AVOCAT assists individuals, families and companies with visas, family reunification, residence permits and appeals against refusals, before consulates, prefectures and courts.
- Bordeaux office: 11 rue Galin, 33100 Bordeaux, France – +33 9 85 40 18 64 – contact@legalfb-avocat.fr
- Dakar office: 14 rue Woro Fila, Fann Hock, Dakar, Senegal – +221 77 173 69 05 / +221 33 844 29 16 – contact@fbavocat-sn.com
- Book an appointment online
This article is for general information only and does not constitute legal advice. Rules, amounts and deadlines change regularly: always have your own situation checked by a lawyer.