16/12/2024
Original Question posted on 12/12/2024
I am a French citizen returning to France temporarily with my partner who is a US citizen. We are planning a one-year stay in France. My partner is applying for a visitor’s visa for a 6-12 month stay in France. This is the question: Because we might have to rent a 3-month stay at an Airbnb before we can rent an apartment for a year, we would then need to stay for 15 months. What are his options once his visa expires? Can he extend his visa for 90 days? Would he have to leave for 90 days before he can return to France on a 90-day visa visit?
Top Answer - AI-Generated
Based on the information provided, here are the options and considerations for your US citizen partner regarding their stay in France:
Initial Visa and Stay
Your partner should apply for a long-stay visitor visa (VLS-TS visiteur) for their planned 6-12-month stay in France. This visa allows stays of up to one year[5].
Options After Visa Expiration
Once the initial long-stay visa expires, your partner has a few options:
Visa Extension: Unfortunately, the long-stay visitor visa (VLS-TS) is generally not extendable or renewable[2]. Your partner would typically need to return to their home country to apply for a new visa.
Short-stay (Schengen) Visa: After the long-stay visa expires, your partner could potentially stay for an additional 90 days within 180 days under the Schengen rules[4]. However, this is not guaranteed and may depend on the specific circumstances and border control discretion.
Residence Permit Application: If you decide to stay longer than initially planned, your partner should apply for a residence permit (carte de séjour) at the prefecture in your department of residence. This application must be initiated within two months before the VLS-TS expires[8][9].
Important Considerations
Leaving and Re-entering: If your partner leaves France after their long-stay visa expires, re-entering on a short-stay basis may be challenging. Border officials might question the intent to stay temporarily, given the previous long stay [4].
90-day Rule: The 90 days allowed under Schengen rules begin immediately after the long-stay visa expires. There's no need to leave and re-enter France to "activate" this period[4].
Overstaying Risks: Staying beyond the allowed period without proper authorization can result in serious consequences, including fines, deportation, and future entry bans.
Recommendations
Plan Ahead: If you anticipate needing to stay for 15 months, it's best to plan for this from the beginning. Consider applying for a one-year visa initially and then a residence permit extension.
Consult Local Authorities: Contact the prefecture in your intended area of residence in France for the most up-to-date and location-specific information on residence permit applications and extensions.
Seek Professional Advice: Given the complexity of your situation, it may be beneficial to consult with an immigration lawyer or specialist who can provide personalized advice based on your specific circumstances.
Remember, immigration rules can change, and individual cases may have unique factors. Always verify current regulations with official sources when planning your stay.
Citations:
https://lc.ambafrance.org/IMG/pdf/vls_visitor-list_of_documents-eng.pdf
https://www.service-public.fr/particuliers/vosdroits/F12189?lang=en
https://washington.consulfrance.org/applying-for-a-french-visa-in-the-united-states
https://www.fodors.com/community/europe/reentry-to-france-after-expiration-of-visa-1708651/
https://www.service-public.fr/particuliers/vosdroits/F16162?lang=en
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