Important Updates
Important Updates
March 13, 2026 | CanadaCanada: Temporary Increase to Low-Wage Temporary Foreign Worker Cap for Rural Employers Forthcoming
March 14, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 13, 2026 | BrazilBrazil: Electronic Visitor Visa Now Available for Chinese Nationals
March 13, 2026 | CanadaCanada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award
March 13, 2026 | CanadaCanada: Quebec Introduces Temporary Work Permit Option for Workers Awaiting Permanent Selection
March 13, 2026 | CanadaCanada: Temporary Increase to Low-Wage Temporary Foreign Worker Cap for Rural Employers Forthcoming
March 14, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 13, 2026 | BrazilBrazil: Electronic Visitor Visa Now Available for Chinese Nationals
March 13, 2026 | CanadaCanada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award
March 13, 2026 | CanadaCanada: Quebec Introduces Temporary Work Permit Option for Workers Awaiting Permanent Selection
March 13, 2026 | CanadaCanada: Temporary Increase to Low-Wage Temporary Foreign Worker Cap for Rural Employers Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • 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

Partner

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

Partner

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

Partner

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

Partner

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

Partner

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

Partner

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

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

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

© 2026 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.