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FOREIGN LAW

Residence permit

 

Difficulties are likely to arise when you apply for a residence permit. It is in fact possible to contest the refusal by the administration to issue or exchange a residence permit before the Administrative Court. Maître GASIMOV accompanies and assists his clients faced with such difficulties.  

 

Nationality

 

If your application for naturalization is rejected, you can take legal action. It is initially a gracious or hierarchical appeal which must be addressed to the Minister of the Interior, before addressing you to the Administrative Court of Nantes.

Maître GASIMOV advises and assists you in lodging your appeal and ensuring its follow-up.

Administrative detention - waiting area

 

Recipients of a refusal of a residence permit or an OQTF, when you are checked, you can be placed in an administrative center or in a waiting area, pending your expulsion. The decision of placement in a detention center can be challenged within 48 hours. You will also be brought before the Liberties and Detention Judge who can cancel your placement in a detention center and check its legality. Your lawyer will study all these opportunities in order to possibly raise them during the trial. 

Asylum - Residence card

 

Asylum seekers who have been refused residence may appeal to the competent bodies to contest this refusal.  

In this case, several criteria, such as the risks incurred in the country of destination, humanitarian reasons, etc., must be studied.  

 

Apart from asylum, there are other possibilities for obtaining a residence permit or a residence permit in France. Your lawyer is on hand to advise and support you.

 

Refer to the National Court for the Right of Asylum (CNDA)  

 

If your asylum application is rejected by the OFPRA, you can contact the CNDA to contest this refusal. The CNDA is an administrative jurisdiction. Following OFPRA's rejection of your application, you have one month to contact the CNDA.  

You will be authorized to reside on French territory during the time your application is being studied, unless you are placed under the so-called "owner" procedure, in the absence of the delivery of an APS.  

In the context of proceedings before the CNDA, it is possible to benefit from legal aid.

 

Bring in a stranger to hire him

 

Companies can bring foreign people to France in order to hire them.  

 

Master GASIMOV advises and accompanies them to carry out this project.

Obligation to leave the territory (OQTF)

 

If the prefect has issued you with an obligation to leave French territory with or without a voluntary delay, you have a period of one month (two months in certain cases) to appeal this decision.

It may also happen that you have obtained an OQTF without a voluntary return period, in which case you have little time to seize the Administrative Court. As this procedure is very technical, you are advised to contact a lawyer when you wish to submit a request to challenge an OQTF measure to the Administrative Court.

In all these cases and when your appeal has not succeeded, you have the possibility of seizing the European Court of Human Rights and Maître GASIMOV will assist you in this undertaking. 

Temporary residence permit for foreign student

 

A provisional residence permit (APS) may be requested by foreign students holding a diploma equivalent to a master's degree wishing to complete their training with a first professional experience. The list of diplomas giving right to an APS can be consulted here .

This APS, lasting 12  non-renewable month, allows its holder to exercise a professional activity.  Foreigners must apply for the APS before their residence permit expires. 
At the end of the period of 12  months, the foreign student who has obtained a job or a promise of employment will be authorized to reside in France.
The new residence permit must be requested within 15  days from the conclusion of the employment contract at the latest. A temporary residence permit  employee  will then be issued without the employment situation  be enforceable against the interested party.

 

Examples of decisions obtained by Cabinet

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