The long-awaited regularization circular was published on November 28, 2012. Does it live up to the hopes that its announcement had aroused in so many people? Clearly not.

One could hope that it would at least create a real break with the policies of the Sarkozy era. Instead, we find in the mouth of the interior minister of the new government almost the same words as in the previous ministers of immigration. Brice Hortefeux spoke of “severe but humane” regularization criteria; Manuel Valls of “demanding but fair” criteria …

In fact, this circular is not really a “regularization” circular; it specifies interpretations of the law in force, invites the prefects to take account of court decisions (case law), but does not add to the current regulations any category of foreigners who can benefit from a residence permit. Arbitrariness will therefore continue to be the rule in the processing of cases.

During the presentation of this text, Mr. Valls also declared that there should not be more regularizations than before, that is to say approximately 30,000 per year. As the choice was not to change the law but just to publish a circular (a circular does not create real rights), it will be easy at any time to slow down, or even stop the regularizations, to stay within this quantified limit. .

But it might as well be possible to apply the criteria set out very widely, and to proceed with regularizations – without necessarily proclaiming it very loud – beyond the fixed quota: everything will therefore depend on the balance of power that the undocumented and defenders of the rights of foreigners will know how to create.

The objective of this bulletin, Régul n ° 2, is to help un⋅e⋅s and others to measure the interest for them and for them to seek or not to benefit from this circular, and to contribute to a citizen perspective on the application of this “regularization”.

The People Affected by This New Circular

1 – parents of school-going children

5 years of presence + 3 years of schooling for a child + elementary oral command of the French language (For separated parents, the parent who does not live with the child must prove that he is actually contributing to the maintenance and ‘education of the child)

2 – spouses of foreigners in a legal situation

 5 years of presence + 18 months of living together

3 – minors who have become adults

A. Young adult who arrived in France before age 16 1) with family: arrived before age 16 + attended school for at least 2 years + regular and serious studies + most of his private or family ties in France + at the actual expense of his family -> “private and family life” title 2) without family ties in France  arrived before 16 years + assiduous and serious higher studies in progress → possibility of “student” title

 whole family in France and in a regular situation + engaged in an assiduous and serious school career + at the effective charge of his family -> possibility of a “private and family life” card »  Not meeting the regularization criteria -> possibility of a« temporary residence permit »(APS) to finish a schooling cycle started

C) unaccompanied minors who have reached the age of majority after having been taken in charge by the ASE a – Reminder of the regulations:  ASE (Social Assistance to Children) coverage under the age of 15 -> French nationality (Civil Code, art 21-12 )  ASE support before 16 years old -> private & family life title (CESEDA L313-11 2 ° bis)  ASE support between 16 and 18 + engaged in qualifying vocational training -> “employee” or “worker” residence permit temporary ”(CESEDA L313-15) b – Addition of the circular: ASE support between 16 and 18 + secondary or university studies followed“ diligently and seriously ”-> possibility of a“ student ”residence permit

4 – workers

 general case: 5 years of presence in France + an employment contract or a promise of employment + seniority in salaried work either 8 months (consecutive or not) during the last 2 years or 30 months (consecutive or not ) over the last 5 years “Exceptionally”: 3 years of presence + 2 years of professional activity including 8 months (consecutive or not) in the last 12 months

moonlighting or unemployed: 7 years of presence + 12 months of work over the last 3 years -> possibility of a receipt for a temporary residence permit with work authorization, renewable once, to allow the search for a job

 temporary and part-time work (such as homeworkers): possibility of providing service employment vouchers as proof of employment. Remuneration lower than the monthly minimum wage may “be appreciated with kindness”.

Some Points to Emphasize

 In principle, an OQTF, even immediately executable (that is to say dating from less than a year) is not an obstacle to the examination of a file within the framework of the circular. However, the risk of being arrested at the prefecture is not zero … It is probably better to wait until the OQTF is over a year old.

 The circular also concerns Algerians and Tunisians (normally excluded from regularization “through work”, but it says that their demands will be met exceptionally. She adds that the same is true for Moroccans.

 Proof of the length of the stay in the territory: two proofs of presence per year, this proof having to be “certain” (that is to say documents produced by an administration – eg taxes, social security, hospitals, schools or universities …). Other documents may however be taken into account: “real” proofs (documents produced by a private organization – eg rent receipts, bank statements, etc.) and “limited” proofs (personal documents – eg invoices, envelopes to name, domiciliation certificates, etc.).

Oral mastery of the French language and “integration into French society” are criteria presented as very important. The agents of the prefectures are responsible for evaluating these two points. NB. We have already seen refusals at the counter simply because the person, or one of the two spouses of a couple, did not speak French well enough …

A Story to Follow

1. The circular leaves intact the discretionary power of the prefectures

We were told of “objective” and “transparent” criteria. However, elements such as “an oral mastery of the French language”, “studies pursued with seriousness”, “a significant number of payslips” are by no means objective elements.

In the circular, expressions like “exceptionally” or “in application of your discretionary power” appear regularly. It is repeated throughout the text to the prefects that they “can” and not that they “must” regularize (“you will be able to issue a residence permit”, “you will be able to assess favorably” …)

2. The implementation of the circular calls for our full vigilance

 One of the stated objectives of the circular was to harmonize practices. But we can already see the departments being organized in a very diverse way (here we open a special reception center, there we draw up a list of documents to be provided, or a specific form for requests on the basis of the circular …)

 Abusive demands for documents, or over-the-counter refusal practices have already been observed. Other dysfunctions will undoubtedly be noted in the weeks and months to come.