Key Points on Managing Your Carte de Séjour (Article 50 TUE)

02/07/2024

Question that inspired this post:

Hello all, if you have a carte de sejour - article 50 tue can you leave France for a couple of years and return without the risk of losing your residency? It runs out in early 2026 and I think I will be away for 2025 and the first six months of 2026. I hope you can ask for a ten-year one even though you are not actually living in the country at the time. Cheers.

Answers

"If you are not living in France you cannot apply to renew a CDS. A CDS is for residents ( WA CDS is a resident permit ). To maintain residency, you can only be out of France for up to 6 months with a 5-year WARP... & 5 years with a 10-year WARP. If you are not resident when it expires then you cannot renew. If you return to France to become a resident then you start the renewal ."

"If your article 50 CDS expires in 2026 then it’s only a temporary one ( valid for 5 years), therefore you can only leave France for 6 months. If you leave for 3 years you will lose your Article 50 rights and have to apply for a visa. However, in theory, if you have already completed 5 years of residency you have permanent rights- ie can leave for 5 years and maintain your rights but this is just theory and don’t know if anyone has successfully argued this."

-------------------------------------------------------------------------------

Based on the provided information and general guidelines regarding the carte de séjour under Article 50 TUE, here is a detailed response to the query:

Key Points Regarding the Carte de Séjour - Article 50 TUE

1. Validity and Renewal:
   

   1. If you have been a resident in France for over five years, you are entitled to a 10-year permanent residence permit under Article 50 TUE. This permit is renewable.

2. Absence from France:
   

   1. For holders of a 10-year permanent residence permit, an absence from France for up to five consecutive years does not affect the validity of the permit.

   2. However, if you are absent from France for more than five consecutive years, you risk losing your permanent residence status.

Your Specific Situation:

1. Current Status:
   

   1. Your carte de séjour is valid until early 2026. You plan to be away from France for 2025 and the first six months of 2026.

2. Risk of Losing Residency:
   

   1. Since your planned absence is less than two years, it falls well within the five-year limit. Therefore, you should not risk losing your residency status due to this absence.
      

3. Renewal While Abroad:
   

   1. While it is generally expected that you should be residing in France to renew your residence permit, there are provisions for renewing it from abroad in certain circumstances. It is advisable to contact your local prefecture or the French consulate in your country of residence well in advance to understand the specific requirements and process for renewing your carte de séjour while you are not physically in France.

Recommendations:

1. Contact Authorities:
   

   1. Reach out to your local prefecture in France or the nearest French consulate to inform them of your situation and get specific guidance on renewing your carte de séjour while you are abroad.

2. Documentation:
   

   1. Ensure you have all necessary documentation ready for the renewal process, including proof of your continuous ties to France (such as property ownership, bank accounts, or family ties).

3. Stay Informed:
   

   1. Keep abreast of any changes in French immigration laws that might affect your status or the renewal process.

Conclusion

Given your planned absence is less than five years, you should not lose your residency status.

However, it is crucial to communicate with French immigration authorities to ensure a smooth renewal process for your carte de séjour while you are abroad.

If you need further assistance, consider consulting with an immigration lawyer who specializes in French residency laws to ensure all your bases are covered.

Reach out for more questions.