From October 2021, the French consulates in Casablanca, Algiers and Tunis began a policy of mass refusals of entry visas, particularly for foreign seasonal workers. The agricultural sector was hit hard: hundreds of seasonal worker visas were refused.
The context
Several French farms (wine-growing, fruit picking, dairy farming) and agricultural service providers had obtained work authorisations from the specialised foreign labour platform for seasonal workers, for contracts of up to six months starting in December 2021.
Following the normal procedure, the OFII in Casablanca summoned the workers to examine their visa applications. To the employers’ great surprise, dozens of visas were refused with identical grounds:
- a risk of misuse of the purpose of the visa in order to remain illegally in France;
- “the information provided to justify the conditions of stay is incomplete and/or unreliable”.
The first-instance victory
Referred to by the employers, our firm brought the cases before the Administrative Court of Nantes, which annulled the refusals and ordered the Minister of the Interior to issue the visas: 23 refusals annulled, with injunctions.
Confirmed on appeal
The Ministry of the Interior lodged 22 appeals against these judgments. The Administrative Court of Appeal of Nantes dismissed all of them and ordered the State to pay each applicant €100.
Why it matters
This series of decisions demonstrates the illegality of stereotyped refusals opposed to workers lawfully recruited by French companies, which were deprived of the labour they needed because of consular obstruction. It also shows that a collective, well-documented strategy can succeed against a mass refusal policy.
Read also: Seasonal worker residence permit in France and 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.