Holder of a special residence permit : how to change to a standard residence permit?

Foreign nationals posted on official missions in France have a special status that allows them to obtain a special residence permit, based on Article 46 of the Vienna Convention on Consular Relations of April 24^th 1963.

This special residence permit issued by the Ministry of Europe and Foreign Affairs (MAE) is different from the "special residence status" and does not give access to the same privileges and immunities. In fact, it does not give access to family benefits or Social Insurance. It is issued to diplomatic personnel as well as to their partners, children under the age of 21 and possibly to their dependent ascendants.

In practice, when this special residence permit comes to an end, it is possible to switch to an ordinary residence permit of the Code on the Entry and Residence of Foreigners and the Right of Asylum, such as a residence permit for private and family life, for example.

This request results in the submission of an application for a residence permit to the prefecture. This file can only be submitted once the special residence permit has been returned.

The prefecture requires applicants to return their residence permit to the Ministry of Europe and Foreign Affairs before submitting the application. Sometimes the Ministry refuses to take back special permits, especially when the official mission of the officer is not over.

It is therefore imperative to insist on obtaining a certificate of delivery of the special permit from the Ministry (MAE), as it will be necessary to produce, in addition to the documents accompanying the application for a residence permit, which vary according to the permit applied for.

There may be difficulties in taking back the special residence permit and in compiling the application for a residence permit. This is why the Lawyers members of the TERRAVOCATS Network inform, advise and accompany persons wishing to change from a special residence permit MAE to a standard residence permit.