Change of Status: How to Transition from One Residence Permit to Another

A change of status is a procedure that allows a foreign national already residing in France to obtain a residence permit on a different basis within the Code of Entry and Residence of Foreigners and the Right of Asylum (CESEDA). For a common example, this applies to a student who wishes to obtain a temporary residence permit as an employee. In this case, they transition from a residence permit issued under Article L422-1 of CESEDA to one based on Article L421-1° of CESEDA.

This process is not governed by a specific regulation, as it essentially involves a temporary residence permit. However, it can also mean transitioning from a one-year residence permit to a multi-year card or a resident card. The basic principle is that a foreigner who has been granted a residence permit for a specific reason wishes to obtain one for a different reason.

A change of status generally occurs for two reasons. Either the foreign national no longer meets the conditions for their current residence permit, or they wish to obtain another, more advantageous permit (such as work authorization for students or multi-year residence permits). In a way, it can be either desired or necessary. A person in regular status can more easily request a residence permit for any reason provided by CESEDA, while someone in irregular status is often restricted due to the requirement for a long-stay visa. Below, I will provide examples of commonly encountered status changes and explain how they work.

The most well-known change of status is from a student residence permit to a professional residence permit. This process is often feared, as the criteria to obtain a professional residence permit are challenging to meet and often misunderstood by the student applying. However, these requirements were (slightly) eased by the law of March 7, 2016. It should be noted that obtaining a provisional young graduate permit does not constitute an actual change of status, as the foreigner remains under a regime practically similar to that of a student. This is a crucial time for an international student. If they do not successfully change their status, their journey ends, and they are no longer allowed to continue living and working in France. They must return to their home country. To avoid this feared outcome, some international students may accumulate diplomas out of concern they may not succeed in obtaining the change of status.

Another frequent change of status is for spouses of French nationals. These individuals face precarious conditions regarding their residency rights during the first four years of their stay in the country. If the relationship ends before this period, the foreign spouse cannot retain their temporary residence permit. In such cases, they must pursue change their status, often in less-than-ideal conditions. If they are unemployed or have no other family in France, it can be challenging to succeed. Once again, this is more of a mandatory case. As with international students, it is best to start this process as early as possible.

Obtaining a resident card when a foreign national holds a temporary residence permit is another change of status that also involves specific requirements. Simply residing in France for five years is not sufficient. Unlike the previous two examples, in the case of a refusal, the foreigner will retain their one-year residence permit. However, as with any refusal, it is possible to appeal the decision to the Administrative Tribunal (though this is rare).

As we can see, changes of status are crucial for foreigners in France. Generally, once they have obtained an initial residence permit, they cannot afford to lose their residency rights. Therefore, if a change of status becomes inevitable, it must be carefully planned and thoroughly prepared in advance.