Important Updates
Important Updates
May 21, 2025 | United StatesUnited States: Protecting Against Immigration Fraud Schemes
May 21, 2025 | United KingdomLBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 21, 2025 | United StatesNegocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025
May 21, 2025 | South AfricaSouth Africa: Extended Duration of Stay for Nationals of Lesotho
May 21, 2025 | United Arab EmiratesUnited Arab Emirates: Reminder of 2025 Deadline for Mainland Private Sector Employers to Increase Emiratization Rate
May 21, 2025 | United StatesUnited States: Protecting Against Immigration Fraud Schemes
May 21, 2025 | United KingdomLBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 21, 2025 | United StatesNegocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025
May 21, 2025 | South AfricaSouth Africa: Extended Duration of Stay for Nationals of Lesotho
May 21, 2025 | United Arab EmiratesUnited Arab Emirates: Reminder of 2025 Deadline for Mainland Private Sector Employers to Increase Emiratization Rate
May 21, 2025 | United StatesUnited States: Protecting Against Immigration Fraud Schemes
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

France’s Updated Habitual Residence Criteria: Implications for Residence Permit Holders

October 18, 2024

France’s Updated Habitual Residence Criteria: Implications for Residence Permit Holders

Country / Territory

  • FranceFrance

Related contacts

Photo of Sylvain Garguilo

Sylvain Garguilo

Practice Leader

Paris, France

Email

[email protected]

T:+33 1 86 65 70 20

Related offices

  • Paris

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Sylvain Garguilo

Sylvain Garguilo

Practice Leader

Paris, France

Email

[email protected]

T:+33 1 86 65 70 20

Related offices

  • Paris

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Sylvain Garguilo

Sylvain Garguilo

Practice Leader

Paris, France

Email

[email protected]

T:+33 1 86 65 70 20

Related offices

  • Paris

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Clémence Theron, Azela Hadia

The concept of “habitual residence” in France has been recently defined by a new immigration law enacted on 26 January 2024, which introduced important changes to the criteria for obtaining and renewing French residence permits.

This blog examines the implications of this reform, the necessary conditions and the groups of individuals affected by this new, key factor of habitual residence.

Habitual residence: A pre-existing notion

The notion of habitual residence is not new. Such a requirement is provided by the Civil Code (Article 21-17) for citizenship applications, or the Labour Code (art. L 3261-2) for the coverage of the employee’s public transport costs. It also overlaps with the concept of tax residency.

However, until now, no clear definition was outlined, and the interpretation of habitual residence mainly derived from European and French caselaw.

From an immigration standpoint, only three categories of foreign nationals were required to demonstrate habitual residence, including:

      • minors who had entered France prior to the age of 13;
      • individuals seeking permits on medical grounds; and
      • those who had resided in the country illegally for more than years and sought regularisation.

Until now, the concept only covered the “physical” presence in France, to be proven by any relevant document or evidence. It had to be demonstrated when applying for the first time and when renewing these temporary or multi-annual residence permits.

In contrast, holders of other types of residence permits were not required to demonstrate their habitual residence in France when applying for renewal of their status.

New definition and implications

The law enacted on in January introduced a new legal definition of habitual residence. According to the Code of Entry and Stay of Foreigners and the Right of Asylum (CESEDA), foreign nationals may have their residence permit renewal denied if they cannot prove their habitual residence in France. This stricter requirement also applies to individuals who were not previously affected.

The legal definition outlined by article L 433-3-1 of CESEDA is two-fold:

      • The foreign national must have transferred the “centre” of their private and family interests to France (i.e., a person whose spouse or children reside abroad may not be considered habitually residing in France).
      • The foreign national must demonstrate having resided effectively in France for at least six months per year during the three years preceding the submission of the application. For those renewing a permit of less than three years, continuous residence in France throughout the validity period of the permit is now required.

Exempted categories

Pursuant to articles L. 432-2 and L. 432-3 of CESED, certain categories of individuals are exempt from this new requirement, including:

      • Holders of “Talents” and “Talents - Family members” multi-year residence permits;
      • Seasonal workers;
      • Students in mobility programs; and
      • Beneficiaries of international protection.

Practical consequences

Unless falling under one of the exemptions, more foreign nationals are now required to provide evidence of effective residence and physical presence in France for a set period of time when renewing certain categories of residence permits.

This stricter requirement may impact long-term residents who, for various reasons (professional, family, medical or otherwise) are unable to prove the continuity of their habitual residence in France for the period set by the recent law.

This could result in limitations on their rights, including the right to work in France, and more administrative hurdles when renewing a multi-year or residency card for applicants and their families.

Need to know more?

The definition of habitual residence in France introduces stricter criteria for the renewal of many residence permits. It is essential for impacted individuals to understand and anticipate these new rules thoroughly to prepare their residence permit renewal applications accordingly.

For questions related to this subject, please contact Supervisor Clémence Theron at [email protected].

This blog was published on 18 October 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.

Country / Territory

  • FranceFrance

Related contacts

Photo of Sylvain Garguilo

Sylvain Garguilo

Practice Leader

Paris, France

Email

[email protected]

T:+33 1 86 65 70 20

Related offices

  • Paris

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Sylvain Garguilo

Sylvain Garguilo

Practice Leader

Paris, France

Email

[email protected]

T:+33 1 86 65 70 20

Related offices

  • Paris

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Sylvain Garguilo

Sylvain Garguilo

Practice Leader

Paris, France

Email

[email protected]

T:+33 1 86 65 70 20

Related offices

  • Paris

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

LBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

AMCHAM Luxembourg: Interview – Virginie Todesco, Fragomen

Immigration Manager Virginie Todesco highlights how Luxembourg’s clear immigration system and strategic reforms attract global talent and employers.

Learn more

Media mentions

LBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

AMCHAM Luxembourg: Interview – Virginie Todesco, Fragomen

Immigration Manager Virginie Todesco highlights how Luxembourg’s clear immigration system and strategic reforms attract global talent and employers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.