Important Updates
Important Updates
July 1, 2025 | PortugalPortugal: Residence Permits Extended
July 2, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
July 2, 2025 | 🌐Minimum Salary Changes Announced
July 2, 2025 | United KingdomUnited Kingdom: Statement of Changes Creates Restrictions for Sponsored Work Routes
July 1, 2025 | PolandPoland: Single Permit Eligibility Limited  
July 1, 2025 | PortugalPortugal: Residence Permits Extended
July 2, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
July 2, 2025 | 🌐Minimum Salary Changes Announced
July 2, 2025 | United KingdomUnited Kingdom: Statement of Changes Creates Restrictions for Sponsored Work Routes
July 1, 2025 | PolandPoland: Single Permit Eligibility Limited  
July 1, 2025 | PortugalPortugal: Residence Permits Extended
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 ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • 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

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

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.